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 131.112 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; (5) (title) created under s. 13.92 (4) (b) 2., Stats., Register December 2021 No. 792.

NR 131.113 NR 131.113 Timeline for review of prospecting permit application.

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.

NR 131.113 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 131.114 NR 131.114 Prospecting permit issuance.

NR 131.114(1) (1) Unless denied pursuant to s. NR 131.115 and except with respect to property specified in s. 41.41 (11), Stats., within 60 days of the completion of the record for the public hearing held under s. 293.43, Stats., the department shall issue the prospecting permit if it finds all of the following:

NR 131.114(1)(a) (a) The prospecting plan and reclamation plan comply with this chapter and ch. 293, Stats., and the prospecting plan and reclamation plan are approved as part of the prospecting permit.

NR 131.114(1)(b) (b) The site is not unsuitable for prospecting.

NR 131.114(2) (2) The department shall make an approval in findings of fact, conclusions of law, and an order setting forth reasons with clarity and in detail. The department may modify or conditionally approve the operator’s proposed prospecting or reclamation plans in order to meet the requirements of this chapter, and, as modified or conditioned, grant its approval.

NR 131.114(3) (3) Except as otherwise provided in s. 293.57, Stats., a prospecting permit shall be valid for the life of the project unless canceled under s. 293.85 (1) or (3), Stats., or revoked under s. 293.87 (2) or (3), Stats. Unless previously modified, canceled, or revoked, a prospecting permit issued under this section shall remain valid until reclamation of the entire prospecting site has been certified as complete under s. NR 131.121 and a revised prospecting permit is issued under s. NR 131.121 (7) (b).

NR 131.114 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 131.115 NR 131.115 Prospecting permit denial.

NR 131.115(1) (1) Denial. Within 60 days of the completion of the record for the public hearing held under s. 293.43, Stats., the department shall deny the prospecting permit if it finds any of the following:

NR 131.115(1)(a) (a) The prospecting site is unsuitable for prospecting or, absent certification under s. 293.35 (1), Stats., surface mining.

NR 131.115(1)(b) (b) The prospecting plan and the reclamation plan will not comply with the minimum standards for prospecting and reclamation as provided in ss. NR 131.108 and 131.109.

NR 131.115(1)(c) (c) The applicant is in violation of ch. 293, Stats., and the provisions of this chapter.

NR 131.115(1)(d) (d) The applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state.

NR 131.115(1)(e) (e) Any officer or director of the applicant has, while employed by the applicant, the applicant’s parent corporation, any of the applicant’s principal shareholders, or any of the applicant’s subsidiaries or affiliates, in which the applicant owns more than a 40 percent interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state.

NR 131.115(1)(f) (f) The proposed prospecting operation may reasonably be expected to create any of the following situations:

NR 131.115(1)(f)1. 1. Landslides or substantial deposition from the proposed operation in stream or lake beds which cannot be feasibly prevented.

NR 131.115(1)(f)2. 2. Significant surface subsidence which cannot be reclaimed because of the geologic characteristics present at the proposed site.

NR 131.115(1)(f)3. 3. Hazards resulting in irreparable damage to any of the following, which cannot be prevented under the requirements of ch. 293, Stats., avoided to the extent applicable by removal from the area of hazard or mitigated by purchase or by obtaining the consent of the owner:

NR 131.115(1)(f)3.a. a. Dwelling houses.