NR 132.105(3)(3) Upon receipt of the preapplication notification under sub. (1), the department shall give public notice of the department’s receipt of the preapplication notification in the same manner as provided under s. 293.43 (2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project. The department shall make the preapplication notification available for review in the county, city, village, or town in which the mining site is located. The notice under this subsection shall invite interested persons to submit comments regarding information those interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and information that the interested persons believe the department should seek through independent studies. The department shall hold a public informational hearing to receive comments from interested persons and the hearing shall be completed within 45 days after public notice required under this subsection is given.

NR 132.105(4)(4) The department shall receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (3) as to information that the interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and the information that the interested persons believe the department should seek through independent studies.

NR 132.105(5)(5) No later than 90 days after the period for receiving and considering comments from interested persons under sub. (4), the department shall inform the person giving notice under sub. (1) of the type and quantity of information that the department believes to be needed to support an application for a mining permit and the methodology to be used in gathering information and shall identify preliminary verification procedures to be conducted by the department under sub. (9). The department shall specifically inform the person submitting a preapplication notification under sub. (1) of the type and quantity of information on the characteristics of groundwater resources in the area in which mining is anticipated to occur that the department believes is needed to support an application, including the information that the department believes should be included in the applicant’s environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform the person submitting a preapplication notification under sub. (1) of the application timelines and other filing requirements for all other approvals, licenses, and permits relating to the proposed mining project.

NR 132.105(6)(6) No later than 90 days after receiving the information from the department in sub. (5), the person submitting a preapplication notification under sub. (1) shall submit to the department a final scope of study incorporating information provided by the department in sub. (5).

NR 132.105(7)(7) All environmental baseline data gathered by a person submitting a preapplication notification under sub. (1) shall be submitted to the department as soon as it is in final form as described in the scope of study. The department may require the person to submit any raw field data collected either by the applicant or by a consultant.

NR 132.105(8)(8) The department may at any time after consultation with the person submitting a preapplication notification under sub. (1) revise or modify its requirements regarding information that must be gathered and submitted as part of the information needed for preparation of the mining permit application, environmental impact report, mining waste site feasibility report, plan of operation, or other applications for permits, licenses, and approvals issued by the department.

NR 132.105(9)(9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, mining permit application, or applications for other permits and approvals issued by the department. The department shall develop studies and quality assurance and verification programs in a manner consistent with future monitoring requirements.

NR 132.105 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 4. c. made under s. 35.17, Stats., and correction in numbering of (2) (a) to (c) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 132.106(1)(1) When a person gives notice under s. NR 132.105 (1) of the person’s intention to apply for a mining permit, the person shall pay the department a fee of $100,000 to reimburse the department for costs incurred by the department in connection with review of the proposed mining project during the year following receipt of the notice, other than any costs related to the environmental impact statement for the proposed mining.

NR 132.106(2)(2) The department shall annually compare the fees paid under this section and under chs. 30, 280 to 292, and 295 to 299, Stats., in connection with proposed mining for which notice was given under s. NR 132.105 (1) with the costs incurred by the department in connection with the proposed mining project, including the costs incurred under chs. 30, 280 to 292, and 295 to 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred exceed the fees paid, the person who provided notice under s. NR 132.105 (1) shall pay a fee equal to the amount by which the costs exceed the fees previously paid.

NR 132.106(3)(3) When the department issues or denies a mining permit or when a person who gave notice under s. NR 132.105 (1) ceases to seek approval of the proposed mining project, the department shall compare the fees paid under this section and under chs. 30, 280 to 292, and 299, Stats., in connection with the proposed mining project with the costs incurred by the department in connection with the proposed mining project, including the costs incurred under chs. 30, 280 to 292, and 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred are less than the fees paid, the department shall pay the person who gave notice under s. NR 132.105 (1) the amount by which the fees exceed the costs. If the costs incurred exceed the fees paid, the person who gave notice under s. NR 132.105 (1) shall pay a final fee equal to the amount by which the costs exceed the fees previously paid.

NR 132.107(1)(1) No person may engage in mining or reclamation at any mining site that is not covered by a mining permit and a written authorization to mine as provided in s. NR 132.116 (4).

NR 132.107(2)(2) No application for surface mining will be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for a site had certified under s. 293.35 (1), Stats., that he or she would not subsequently make application for a permit to conduct surface mining at the site.

NR 132.107(3)(a)(a) An applicant shall submit an application to the department in writing and in reproducible form and shall provide the department with paper copies of the application in a quantity specified by the department. The applicant shall also submit a complete copy of the application in an electronic format prescribed by the department.

NR 132.107(3)(b)(b) Upon receipt of the application under par. (a), the department shall give public notice of the department’s receipt of the application and the availability, for review, of the mining permit application and additional documents specified under sub. (5), in the same manner as provided under s. 293.43 (2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project.

NR 132.107(4)(4) The application shall be accompanied by all of the following:

NR 132.107(4)(c)(c) A proposed monitoring and quality assurance plan consistent with the requirements of this chapter, ch. NR 182, and s. 1.11, Stats. The monitoring plan shall provide for adequate monitoring of project-related environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from the financial securities required under s. 293.51 (1), Stats. The monitoring plan shall include monitoring locations on the mining site and locations both upgradient and downgradient of the mining site. The plan shall summarize all project-related environmental monitoring programs and may cross reference monitoring provisions required under other permits, approvals, or licenses issued by the department.

NR 132.107(4)(d)(d) A list of names and addresses of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site and all prospecting and mining permits in this state held by the applicant.

NR 132.107(4)(f)(f) Information specified in s. 293.37 (2) (e) 1., Stats., related to forfeiture of mining reclamation bonds, felony convictions, bankruptcies, or revocations of mining permits by the applicant or related persons within the preceding 10 years.