NR 131.105(9)(9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, if required, prospecting 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 131.105 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 6. c., (2) (intro.) made under s. 35.17, Stats., and correction in numbering in (2) (a) to (c) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 131.106(1)(1) When a person gives notice under s. NR 131.105 (1) of the person’s intention to apply for a prospecting permit, the person shall pay the department a fee of $25,000 to reimburse the department for costs incurred by the department in connection with review of the proposed prospecting project during the year following receipt of the notice, other than any costs related to the environmental impact statement for the proposed prospecting.

NR 131.106(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 prospecting for which notice was given under s. NR 131.105 (1) with the costs incurred by the department in connection with the proposed prospecting 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 131.105 (1) shall pay a fee equal to the amount by which the costs exceed the fees previously paid.

NR 131.106(3)(3) When the department issues or denies a prospecting permit or when a person who gave notice under s. NR 131.105 (1) ceases to seek approval of the proposed prospecting 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 prospecting project with the costs incurred by the department in connection with the proposed prospecting 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 131.105 (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 131.105 (1) shall pay a final fee equal to the amount by which the costs exceed the fees previously paid.

NR 131.107(1)(1) No person may engage in prospecting or reclamation at any prospecting site without securing a prospecting permit issued under s. 293.45, Stats., and this chapter.

NR 131.107(2)(a)(a) An applicant for a prospecting permit shall submit an application and additional documents specified under sub. (4) 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 131.107(2)(b)(b) Upon receipt of the application under sub. (2), the department shall give public notice of the department’s receipt of the application and the availability, for review, of the prospecting permit application and other documents specified under sub. (4), 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 131.107(3)(3) The application for a prospecting permit shall include all of the following:

NR 131.107(3)(b)(b) A reclamation plan in accordance with s. NR 131.109 that includes an itemized statement showing the estimated costs that will be incurred by the state if it is necessary for the state to implement and fulfill the reclamation plan.

NR 131.107(3)(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 prospecting site and locations both upgradient and downgradient of the prospecting 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 131.107(3)(d)(d) A list of names and addresses of each owner of land within the prospecting site and each person known by the applicant to hold any option or lease on land within the prospecting site and all prospecting and mining permits in this state held by the applicant.

NR 131.107(3)(j)(j) A summary of project-related impacts to water supply wells and surface water bodies as result of groundwater pumping or prospecting site dewatering, if applicable, and steps to mitigate the impacts as provided under s. 293.65 (3) (b), Stats.

NR 131.107(3)(L)(L) If the prospecting project does not include a mining waste facility, a contingency plan consistent with the provisions of s. NR 182.109 (2) (d), as appropriate for the proposed prospecting operation.

NR 131.107(4)(4) At the time an applicant submits a prospecting permit application, the applicant shall also submit an environmental impact report, if required by the department, consistent with the requirements of ch. NR 150, and applications and supporting documentation for other approvals, licenses, and permits relating to the proposed prospecting project and identified by the department in the response provided under s. NR 131.105 (5). These documents shall be provided in the format and quantities prescribed by the department.

NR 131.107(5)(5) The hearing procedure outlined in s. 293.43, Stats., shall govern all hearings on the prospecting permit application, any statements prepared under s. 1.11, Stats., and, to the fullest extent possible, all other applications for approvals, licenses, and permits relating to the proposed prospecting project issued by the department.