NR 130.109(2)(2) Within 5 business days after receipt of a notice under sub. (1), the department shall publish a public notice on the department’s internet site describing the proposed drilling activity and the availability of the notice that was provided under sub. (1). The department shall also send the public notice to all of the following:

NR 130.109(2)(b)(b) The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed exploration activity located.

NR 130.109(3)(3) Within 15 business days after receipt of a notice under sub. (1), the department shall inform the explorer if additional information is required and shall identify all other approvals, licenses, or permits, issued by the department, including those under chs. 23, 30, 281, 283, and 289, Stats., that are required before exploration may commence.

NR 130.109(4)(4) The department shall approve, conditionally approve, or deny the notice, in writing, within 30 business days of receiving the notice under sub. (1) or within 15 business days after receiving all supplemental information identified in sub. (3). The approval, if granted, may include site-specific conditions placed on the exploration to ensure compliance with the minimum standards under s. 293.13 (2) (b) and (c), Stats., and this subchapter.

NR 130.109(5)(5) A notice of intent to drill shall remain in effect for one year, commencing on the date the department approves the notice. At the time of exploration license renewal under s. NR 130.106, if the explorer plans to continue exploration on the designated parcels and wishes to extend the notice of intent to drill, the explorer shall notify the department that the explorer wishes to continue exploration on those parcels and shall note if any changes are being proposed. Any changes to the notice of intent to drill shall be approved or denied by the department in writing.

NR 130.109(6)(6) The explorer shall notify the department prior to the commencement of drilling any exploration drillhole and shall specify the parcel on which the drillhole will be located and the specific anticipated date on which drilling will begin. This notice may be oral or written and shall be provided at least 48 hours before commencing drilling on any exploration drillhole.

NR 130.109(7)(7) The explorer shall give the department at least 24 hours’ notice, orally or in writing, of the explorer’s intent to permanently abandon a drillhole. The 24-hour requirement may be reduced by the department, if appropriate due to case-specific circumstances.

NR 130.109 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (i), (7) made under s. 35.17, Stats.,and correction in (2) (a), (3), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.110(1)(1) Mud pits. Explorers who choose to construct excavated pits for the storage and disposal of drilling mud and cuttings from drillholes shall construct the pits in accordance with all of the following:

NR 130.110(1)(a)(a) The base of the pit shall not be at or below the groundwater table at the time of the drilling activity and shall be constructed such that the base will remain above the normal local groundwater elevation. The pit shall be constructed of sufficient volume to contain all anticipated fluid, drilling mud, cuttings, drilling additives and other materials expected to be placed in the pit and shall not be located in areas that receive excessive amounts of runoff or are susceptible to erosion.

NR 130.110(1)(b)(b) If the drillhole is expected to encounter metallic-sulfide bearing rock, the walls and base of the pit shall be lined with a minimum of one inch of bentonite or bentonite grout, a 20-mil or greater polyvinyl chloride or polyethylene geomembrane, or an equivalent liner material approved by the department in writing.

NR 130.110(2)(a)(a) Drilling mud and cuttings from drillholes that penetrate 50 feet or more of metallic sulfide-bearing rock shall be disposed of in accordance with one of the following:

NR 130.110(2)(a)1.1. Disposed at a lined, engineered solid waste facility licensed under ch. 289, Stats. Prior to disposal of the drilling mud and cuttings, any free water from the mud pit or other containment feature shall be removed and reused or properly disposed of in accordance with state and federal law. The mud and cuttings shall be mixed with either concrete, cement or lime in sufficient quantities to neutralize any acidity generated by the oxidation of the metallic sulfide minerals either at the drilling site or at the solid waste facility prior to disposal. If the cuttings were contained in a mud pit lined with plastic liner material, the liner shall be removed and disposed of at a lined, engineered solid waste facility licensed under ch. 289, Stats., and the pit shall be backfilled with native soils.

NR 130.110(2)(a)2.2. Disposed on site within the mud pit. Prior to in-place disposal of the drilling mud and cuttings, any free water from the mud pit shall be removed and reused or properly disposed of in accordance with state and federal law. The drilling mud and cuttings shall be mixed with a sufficient amount of cement to solidify the mud and cuttings and the pit shall be backfilled with native soils. If the mud pit is lined with plastic liner material, the liner shall either be removed prior to addition of cement to the drilling mud and cuttings, or the sides of the liner shall be folded over the top of the drilling mud and cuttings prior to backfilling the pit.

NR 130.110(2)(b)(b) Drilling mud and cuttings from drillholes that penetrate 50 feet or less of metallic sulfide-bearing rock may be disposed on site within the mud pit. Prior to in-place disposal of the drilling mud and cuttings, any free water from the mud pit shall be removed and reused or properly disposed of in accordance with state and federal law. The drilling mud and cuttings shall be mixed with bentonite, cement, or other clean fill and the pit shall be backfilled with native soils. If the mud pit is lined with plastic liner material, the liner shall either be removed prior to addition of cement, bentonite or other material to the drilling mud and cuttings, or the sides of the liner shall be folded over the top of the drilling mud and cuttings prior to backfilling the pit.

NR 130.110 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (a) 1. made under s. 35.17, Stats., Register December 2021 No. 792.

NR 130.111(1)(1) Upon completion of drilling, the explorer shall abandon each of its nonferrous metallic mineral exploration drillholes in accordance with whichever of the following applies:

NR 130.111(1)(a)(a) If the explorer intends to retain a drillhole for further exploration, monitoring or testing, the casing shall be left in place, and the upper end of the casing shall be sealed with a watertight and locking threaded or welded cap. Drillholes may remain temporarily abandoned for no longer than 5 years unless one of the following applies:

NR 130.111(1)(a)1.1. The drillhole is part of a proposed mining project for which a notification has been filed under s. 293.31, Stats.

NR 130.111(1)(a)2.2. The department grants an extension, for no more than one additional 5-year period, based on a request by the explorer that documents the need to retain the drillhole for purposes of additional exploration activities or other evaluation purposes within the period of the extension.

NR 130.111(1)(b)1.1. All drillholes 4 inches in diameter and smaller shall be filled from the bottom of the hole upward to the ground surface with concrete or neat cement grout.

NR 130.111(1)(b)2.2. Drillholes larger than 4 inches in diameter shall be filled in a manner as required in subd. 1. The department may approve alternate methods of permanently abandoning drillholes larger than 4 inches in diameter provided the methods are consistent with the procedures and materials specified in s. NR 812.26 (6) (b) and (e).