NR 131.109(2)(a)(a) Toxic and hazardous wastes, refuse, and other solid waste shall be disposed of in conformance with applicable state and federal statutes or regulations. NR 131.109(2)(b)(b) Tunnels, shafts, or other underground openings shall be sealed in accordance with applicable safety requirements and in a manner that will prevent seepage of water in amounts that may be expected to create a safety, health, or environmental hazard, unless the applicant can demonstrate alternative uses that do not endanger public health and safety and that conform to applicable environmental protection and mine safety laws and rules. NR 131.109(2)(c)(c) Underground and surface runoff waters from prospecting sites shall be managed, impounded, or treated so as to prevent soil erosion, flooding, damage to agricultural lands or livestock, damage to wild animals, pollution of groundwater or surface waters, damage to public health, or threats to public safety. NR 131.109(2)(d)(d) Surface structures constructed as a part of the prospecting activities shall be removed, unless they are converted to an acceptable alternate use, as determined by the department. NR 131.109(2)(e)(e) Adequate measures shall be taken to prevent significant surface subsidence, but if such subsidence does occur, the affected area shall be reclaimed. NR 131.109(2)(f)(f) Topsoil from surface areas disturbed during the prospecting operation shall be removed and stored in an environmentally acceptable manner for use in reclamation. NR 131.109(2)(g)(g) Disturbed surface areas shall be revegetated as soon as practicable after the disturbance to stabilize slopes and prevent air and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to prospecting, unless such reestablishment is inconsistent with the provisions of s. 293.01 (23), Stats. Plant species not indigenous to the area may be used if necessary, to provide rapid stabilization of slopes and prevention of erosion, if such species are acceptable to the department, but the ultimate goal of reestablishment of indigenous species shall be maintained. NR 131.109(3)(3) An analysis of alternative viable final land uses for the reclaimed site, including the presumed final use of returning affected areas to their approximate original state. The analysis of all options shall consider the extent to which the option is physically, economically and environmentally achievable and socially acceptable. NR 131.109 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22. NR 131.110NR 131.110 Location criteria and environmental standards. NR 131.110(1)(1) No person may establish, construct, operate, or maintain the use of property for any prospecting related buildings, roads, ponds, or other purposes within the following areas except pursuant to an exemption granted under s. NR 131.112 or in compliance with another approval, license, or permit issued by the department: NR 131.110(1)(a)(a) Within areas identified as unsuitable under s. NR 131.103 (25) unless the applicant conclusively certifies that he or she will not subsequently make application for a permit to conduct surface mining at the site. NR 131.110(1)(b)(b) Within 500 feet of the ordinary high-water mark of any existing navigable lake, pond, or flowage. NR 131.110(1)(c)(c) Within 500 feet of the ordinary high-water mark of a navigable river or stream. NR 131.110(1)(e)(e) Within 1,000 feet of the nearest edge of the right-of-way of any of the following unless, regardless of season, the site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm, or other appropriate means, or unless, regardless of season, the site is screened so as to be aesthetically pleasing and inconspicuous to the extent feasible: NR 131.110(1)(e)3.3. The boundary of a scenic easement purchased by the department or the department of transportation. NR 131.110(1)(e)5.5. A scenic overlook designated by the department by administrative rule. NR 131.110(1)(e)6.6. A bike or hiking trail designated by the United States congress or the state legislature. NR 131.110(1)(g)(g) Within areas that will result in noncompliance with applicable groundwater quality and quantity protection provisions. NR 131.110(1)(h)(h) Within areas that will result in noncompliance with other applicable federal and state laws and regulations. NR 131.110(2)(2) The requirements in sub. (1) do not apply to an exemption granted under s. NR 131.112 or in compliance with another approval, license, or permit issued by the department. NR 131.110 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792. NR 131.111NR 131.111 Minimum design and operation. An operator shall construct, establish, operate and maintain a prospecting site in conformance with the conditions attached to the prospecting permit, and all of the following requirements: NR 131.111(1)(1) An operator shall construct a prospecting site to meet all of the following requirements: