NR 130.114(2)(a)(a) Give written notice, by mail, to the licensee of the facts or conduct which warrant the intended action and provide the licensee with an opportunity to show compliance with all requirements for retention of the license.

NR 130.114(2)(b)(b) Conduct a hearing within 30 days of the written notice provided under par. (a), unless, prior to the hearing date the licensee provides sufficient evidence of compliance with all requirements for retention of the license.

NR 130.114(2)(c)(c) Following the hearing, if the department determines a licensee has violated any statute or rule pertaining to the exploration activity authorized under an exploration license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts, the department may suspend or revoke the license.

NR 130.114(3)(3) A decision by the department to suspend or revoke a license is subject to judicial review under ss. 227.52 and 227.53, Stats.

NR 130.114(4)(4) In addition to the actions under subs. (1) and (2), the department may take additional enforcement actions as specified under s. 293.87, Stats., if the explorer does not conduct exploration in compliance with this chapter and ch. 293, Stats.

NR 130.201NR 130.201 Purpose. The purpose of this subchapter is to establish licensing and bulk sampling plan submittal and approval procedures and implement minimum standards applicable to nonferrous metallic mineral bulk sampling.

NR 130.202NR 130.202 Applicability. This subchapter is applicable to all activities that constitute bulk sampling, as defined in s. NR 130.203 (1), related to nonferrous metallic mineral deposits. This subchapter does not apply to activities that involve removal of more than 10,000 tons of material from any potential mining site, as such activity shall be subject to regulation under ch. NR 131.

NR 130.203(1)(1) “Bulk sampling” means excavating in a potential mining site by removing less than 10,000 tons of material, including overburden and any other material removed from any portion of the excavation site, for the purposes of obtaining site-specific data to assess the quality and quantity of the nonferrous metallic mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval. Removal of rock samples from the ground surface or outcrops using manual methods, and removal of material during nonferrous mineral exploration, soil testing, stream sediment sampling, groundwater monitoring well installation or construction of geophysical boreholes do not constitute bulk sampling. Bulk sampling does not constitute prospecting within the meaning of s. 293.01 (18), Stats.

NR 130.203(2)(2) “Bulk sampling site” means all areas to be disturbed as part of bulk sampling as described in the bulk sampling plan, including excavation sites, access roads, and areas used for material stockpiling and general staging activities.

NR 130.203(3)(3) “Department” means the department of natural resources.

NR 130.203(4)(4) “Excavation site” means discrete non-contiguous areas on a potential mining site where excavation and removal of material, including soil, overburden and bedrock, takes place as part of a bulk sampling plan.

NR 130.203(5)(5) “Licensee” means a person that has been issued a bulk sampling license authorizing that person to conduct bulk sampling in accordance with this subchapter.

NR 130.203(6)(6) “Overburden” means any unconsolidated geologic material, such as till, sand and gravel and weathered bedrock that may be removed during bulk sampling.

NR 130.203(7)(7) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

NR 130.203(7m)(7m) “Potential mining site” means a discrete area that, based on results of exploration or other geologic evaluation, may contain valuable nonferrous metallic mineral resources and includes all areas reasonably needed for future development of the mineral resource. A single potential mining site may include multiple bulk sampling sites.

NR 130.203(8)(8) “Removed,” “removal,” or “removing” means excavating or moving any soil, overburden, or bedrock from an excavation site as part of a bulk sampling activity and includes material transported off the bulk sampling site and material that is relocated within the bulk sampling site.

NR 130.203 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in numbering of (7m) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 130.204(1)(1) No person may engage in bulk sampling without obtaining a bulk sampling license from the department.

NR 130.204(2)(2) Any person intending to engage in bulk sampling shall file an application for a bulk sampling license with the department. A bulk sampling license application shall include all of the following:

NR 130.204(2)(a)1.1. A description of the potential mining site to be evaluated through the proposed bulk sampling activities, including a map showing the extent of the potential mining site, extent of the bulk sampling site, the location and extent of each excavation site proposed in the bulk sampling plan and the means of access to the sites.

NR 130.204(2)(a)2.2. A description of the bulk sampling site, including the number of acres of land consisting of excavation sites, the total number of acres of land that will be disturbed as part of the bulk sampling activity, a detailed map of each excavation site and a description of the bulk sampling activity including the types of sampling or studies to be conducted as part of the bulk sampling.