NR 131.111(8)(8) An operator shall include design and operation specifications for prospecting site facilities that include contingencies for emergency conditions. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.

NR 131.111(9)(9) An operator shall design, construct, maintain, operate and reclaim any prospecting site permitted under this chapter to protect groundwater quality and quantity in accordance with the requirements of ch. NR 182 and ss. 293.37 (5), 293.65, and 293.66, Stats.

NR 131.111(10)(10) An operator may not use waste containing potentially harmful concentrations of acid generating material for purposes such as construction fill material for surface facilities or the construction of parking lots or roads at a permitted prospecting site.

NR 131.111(11)(11) An operator shall design prospecting site facilities to minimize surface area disturbance unless an alternate prospecting site design results in less overall environmental impact.

NR 131.111(12)(12) An operator shall utilize, where practicable, elevation differences in water-based transport systems for gravity flows to minimize pumping facilities and pressures.

NR 131.111(13)(13) An operator shall employ best management practices to control the spread of invasive species on the mining site during construction, operation and reclamation of project facilities.

NR 131.112(1)(1) Authority to grant exemptions and variances. The department may grant an exemption or variance, as provided in this section, from any of the requirements of this chapter applicable to any of the following:

NR 131.112(2)(2) Exemption and variance requests submitted as part of the prospecting permit application process.

NR 131.112(2)(a)(a) To the extent feasible, an applicant shall submit all requests for exemptions or variances under this section as part of an application for a prospecting permit or the mining waste site feasibility report or plan of operation and shall describe the grounds for the exemption or variance including documentation identifying the physical conditions that necessitate the exemption or variance, other reasons for the exemption or variance, discussion of any environmental impacts that will result from issuance of the exemption or variance, mitigation measures, if any, proposed to offset adverse impacts resulting from the exemption or variance, and the reasonableness of the exemption or variance.

NR 131.112(2)(b)(b) An applicant shall submit an application for an exemption or variance under this subsection no later than 60 days after the prospecting permit application is considered complete under s. 293.495 (1) (a) 2., Stats. The department may consider an application for an exemption or variance submitted after that time, but only if the application is received in time to allow the application to be considered at the public informational hearing for the prospecting permit under s. 293.43 (3m), Stats.

NR 131.112(2)(c)(c) The department shall issue a decision on a request for an exemption or variance as part of the decision on the prospecting permit under s. NR 131.114 and, except as provided in par. (d), the department shall grant the exemption or variance if it is consistent with the purposes of this chapter and ch. 293, Stats., will not violate any applicable state environmental law outside of this chapter and ch. 293, Stats., will not endanger public health, safety, or welfare and will not result in significant adverse environmental impacts on or off the prospecting site.

NR 131.112(2)(d)(d) The department shall deny a request for an exemption or variance if granting the exemption or variance will result in a violation of federal laws. If federal law imposes a standard for an exemption that differs from the standard in par. (c) and that cannot be modified by state law, and if that standard has been approved by the federal government for use by the state through a delegation agreement, federally approved state implementation plan, or other program approval, then the department shall determine whether to grant the request for the exemption using the federal standard.

NR 131.112(3)(3) Exemption and variance requests submitted after permit application review period and before issuance of prospecting permit. If an applicant submits a request for a variance or exemption under this section more than 60 days after the prospecting permit application is considered complete but before the department issues or denies the prospecting permit, the application for an exemption or variance shall be processed following the provisions of s. 293.495 (1) (c), Stats.

NR 131.112(4)(4) Exemption and variance requests submitted after issuance of prospecting permit. The department shall process any exemption and variance request under this section submitted after issuance of a prospecting permit as a modification under s. 293.53 (1) (b), Stats., and s. NR 131.120.

NR 131.112(5)(5) Information to support exemption and variance requests. The department may require the applicant submitting the request for a variance or exemption to conduct specific studies and analyses and submit additional supporting documentation, as necessary, to facilitate the review of the request by the department.

NR 131.113(1)(1) Subject to subs. (4) and (5), within 180 days after an applicant submits an application for a prospecting permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the prospecting operation, the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed prospecting project.

NR 131.113(2)(2) Subject to subs. (4) and (5), if the department requests additional information from an applicant under sub. (1), within 90 days after the applicant provides additional information the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed prospecting project.

NR 131.113(3)(3) Subject to sub. (5), if the department requests additional information from an applicant under sub. (2), within 180 days after the applicant provides additional information the department shall prepare a draft environmental impact statement, a draft prospecting permit, and draft approvals, licenses, or permits relating to the prospecting operation. If the department requests additional information from an applicant under sub. (1), but not under sub. (2), the department shall prepare these draft documents within 180 days after the expiration of the 90-day period under sub. (2). If the department does not request additional information from an applicant under sub. (1) or (2), the department shall prepare those draft documents within 180 days after the expiration of the 180-day period under sub. (1).

NR 131.113(4)(4) Subject to sub. (5), if before the expiration of the 90-day period under sub. (2) the secretary of the department determines that the applicant has made a substantial modification to the prospecting plan or reclamation plan that significantly changes the information necessary to prepare an environmental impact statement or adequately review an application, the department shall notify the applicant of the secretary’s determination and request additional information from the applicant. In reaching this determination, the department shall consider the extent to which the modification necessitates new data collection programs and analyses or substantive expansions or modifications of ongoing monitoring activities and analyses. Upon submission of additional information by the applicant, the timeline under this section shall begin again, starting with the period described in sub. (1). A determination by the secretary under this subsection is not subject to administrative or judicial review and may be made only once during an applicant’s permitting process.

NR 131.113(5)(5) The department and the applicant may agree to modify all or part of the timeline under this section.

NR 131.113(6)(6) The department may request additional information needed to process a prospecting permit application or any other application for an approval, license, or permit related to the prospecting operation after making requests for additional information under this section, but the department may not delay the application and review process based on another request for additional information.