NR 131.118(1)(1) Subject to applicable state and federal safety rules or regulations, any authorized officer, employee, or representative of the department may enter and inspect any property, premises or place on or at which any prospecting operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 30, 281, 283, 285, 289 to 292, and 299, Stats., and rules adopted under those chapters.

NR 131.118(2)(2) No operator may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper, or interfere with any such inspection.

NR 131.118(3)(3) The department shall furnish to the operator a written report on any inspection setting forth all observations, relevant information, and data that relate to compliance status.

NR 131.119(1)(1) Annual report. By January 31 of each year, an operator shall submit an annual report to the department summarizing the extent of prospecting, the extent of reclamation activities, and other activities conducted at the prospecting site in the preceding calendar year. The operator shall provide the department with a quantity of paper copies specified by the department and shall provide a complete electronic version in a format specified by the department. The annual report shall include text, maps, tabular summaries and graphics as appropriate, documenting all of the following:

NR 131.119(1)(a)(a) A summary of all prospecting completed at the prospecting site during the year, including the extent of additional surface disturbance during the year and total acres of disturbed area on the prospecting site.

NR 131.119(1)(b)(b) The volume of material removed, stockpiled, or disposed of on the prospecting site including mining wastes by category, topsoil, and non-prospecting solid waste.

NR 131.119(1)(c)(c) A summary of reclamation activities including temporary and permanent reclamation and ongoing site maintenance activities that were completed during the year, including, as applicable, a summary of reclamation monitoring results, an evaluation of completed reclamation as related to the reclamation success criteria specified in the approved reclamation plan, an assessment of the effectiveness of specific reclamation activities conducted that year and recommendations for changes to specific reclamation protocols to consider for future work.

NR 131.119(1)(f)(f) A summary of any incidents and related responses concerning spills, pond overflows, embankment failures or leakage, liner failures, pipeline failures or leaks, or other unforeseen environmental releases that occurred at the prospecting site.

NR 131.119(1)(h)(h) A summary of environmental monitoring activities and results required under the approved monitoring plan, including an analysis of the data to determine the development of any observable trends and a comparison of the data to background values and predicted values, if predictive modeling or similar analyses were conducted as part of the prospecting permit review process.

NR 131.119(1)(i)(i) A discussion of the extent of additional surface disturbance to be expected by the end of the next calendar year including estimates of the volumes of topsoil, ore, mining waste, merchantable by-products, and other materials to be removed.

NR 131.119(1)(j)(j) An assessment of the adequacy of the amount of the financial surety posted under s. NR 131.116 (1) considering the anticipated condition of the prospecting site at the end of the next calendar year, applicable provisions of the approved reclamation plan, any changes in reclamation costs or changes in state, federal or local regulatory requirements applicable to the prospecting operation. This analysis shall clearly identify the amount of financial security necessary to fulfill the reclamation plan relative to the prospecting site as it is projected to exist at the end of the calendar year.

NR 131.119(2)(2) Permit review. The department shall review the prospecting permit, prospecting plan, reclamation plan, and required financial securities annually after issuance of the prospecting permit, to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit, and technological currency. The department shall provide its findings to the operator within 30 days after receipt of the annual report submitted under sub. (1). If the department, after review, determines that the plans should be modified or the bond amount changed, it shall notify the operator of the necessary modifications or changes and establish a schedule for submitting modified plans in accordance with s. NR 131.120.

NR 131.120(1)(1) If the department after review of the prospecting permit, prospecting plan and reclamation plan determines that the permit or plans should be modified or the bond amount changed, it shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modifications or changes shall be deemed accepted.

NR 131.120(2)(2) An operator, at any time, may apply for amendment or cancellation of a prospecting permit or for a change in the prospecting plan, reclamation plan, or monitoring plan for any prospecting operation that the operator owns or leases.

NR 131.120(2)(a)(a) The operator shall submit any application for the amendment, cancellation, or change in a format specified by the department. The request shall identify the tract of land to be added to or removed from the permitted prospecting site or to be affected by a change in the prospecting or reclamation plans. The request shall clearly identify any proposed changes in the prospecting plan, reclamation plan, or monitoring plan, reasons for the changes and anticipated environmental and economic impacts of the proposed changes.

NR 131.120(2)(b)(b) The department shall determine if any change in the prospecting plan, reclamation plan, or monitoring plan substantially broadens or changes the scope of the original prospecting project and provide notice of its determination in the same manner as specified under s. 293.43 (2m) (b), Stats.

NR 131.120(2)(c)(c) The department shall provide notice of any modification that involves an increase or decrease in the area of a prospecting site or a substantial change in the prospecting plan, reclamation plan, or monitoring plan in the same manner as an original application for a prospecting permit under s. 293.43 (2m), Stats. If 5 or more interested persons do not request a hearing in writing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.

NR 131.120(2)(d)(d) If the department holds a hearing, it shall be conducted as an informational hearing and shall be subject to the notice and procedural provisions under s. 293.43 (3m), Stats. Any information presented in a prior hearing on either the original application or any previous modification may be offered as part of the hearing record on the proposed modification.

NR 131.120(2)(e)(e) If the application is to cancel any portion of a prospecting site, the department shall verify that prospecting has not occurred on the portion of the prospecting site identified in the request. If the department finds that no prospecting has occurred, the department shall modify the prospecting permit accordingly and, if applicable, shall authorize the operator to modify the financial securities required under s. NR 131.116 to reflect the decrease in the prospecting site.

NR 131.120(3)(3) To the extent that testimony and evidence submitted at the original prospecting permit proceedings or from previous modification hearings is relevant to the issues of modification or granting or denial of the amendment, it may be adopted in the subsequent proceedings, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious.

NR 131.120 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (c) made under s. 35.17, Stats., Register December 2021 No. 792.