NR 132.120(1)(b)(b) Procedure. Except as provided under par. (d), the department shall process the application for an increase or decrease in the area of a mining site or for a substantial change in the mining plan, reclamation plan, or monitoring plan in the same manner as an original application for a mining permit.

NR 132.120(1)(c)(c) Substantial changes. The department shall determine if any change in the mining plan, reclamation plan, or monitoring plan is substantial and provide notice of its determination in the same manner as specified under s. 293.43 (2m) (b), Stats.

NR 132.120(1)(d)(d) Notice. The department shall provide notice of any modification that involves an increase or decrease in the area of a mining site or a substantial change in the mining plan, reclamation plan, or monitoring plan in the same manner as an original application for a mining permit under s. 293.43 (2m), Stats. If the department receives less than 5 requests in writing from interested persons for a public hearing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.

NR 132.120(1)(e)(e) Hearing. 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. The department may offer any information presented in a prior hearing on either the original application or any previous modification as part of the hearing record on the proposed modification.

NR 132.120(1)(f)(f) Removal. If the application cancels any portion of the unmined area of a mining site, the department shall verify that mining has not occurred on the portion of the mining site identified in the request. If the department finds that no mining has occurred, the department shall modify the mining permit and the operator’s written authorization to conduct mining on the mining site accordingly and, if applicable, shall authorize the operator to modify the financial securities required under s. NR 132.116 to reflect the decrease in the mining site.

NR 132.120(2)(2) Department request for modification of mining or reclamation plan. The department, as provided under s. 293.55 (2), Stats., may require an operator to submit amended mining and reclamation plans if the department determines the existing plans are no longer sufficient to reasonably provide for reclamation of the mining site.

NR 132.121(1)(1) If there is a cessation of mining or reclamation expected to last 30 days or more that is not set forth in either the mining plan or the reclamation plan, the operator shall notify the department of the cessation within 48 hours of the cessation of mining and shall begin stabilization of the mining site. If the cessation of mining extends for more than 6 consecutive months, the operator shall begin final reclamation of the mining site in accordance with the approved reclamation plan unless all of the following apply:

NR 132.121(1)(a)(a) The cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department.

NR 132.121(1)(b)(b) The cessation of mining does not continue beyond the time specified by the department. The time limit specified by the department may not exceed 5 years.

NR 132.121(1)(c)(c) The operator maintains the site in an environmentally stable manner, as determined by the department, during the cessation of mining.

NR 132.121(1)(d)(d) The operator continues the reclamation of the site according to appropriate provisions of the reclamation plan during the cessation of mining.

NR 132.121(1)(e)(e) The operator continues environmental monitoring in accordance with the monitoring plan during the cessation of mining, as determined by the department.

NR 132.121(2)(2) The operator shall identify in the notice provided under sub. (1) the reasons for the temporary shutdown, the anticipated duration of the shutdown, the measures that will be taken to ensure environmental stability of the mining site during the shutdown, procedures required to resume operation of project facilities following the shutdown, and which specific environmental monitoring activities, if any, will be discontinued during the shutdown.

NR 132.121(3)(3) Temporary cessation of mining described in a notice submitted under sub. (1) shall constitute a substantial modification of the mining plan under s. 293.55, Stats., and the department shall process the modification in accordance with the applicable procedures under s. NR 132.120 and s. 293.55, Stats.

NR 132.121(4)(4) The department’s decision on the request for temporary cessation of mining status shall specify the approved duration of the cessation of mining, required stabilization and reclamation measures to be implemented during the cessation, required environmental monitoring activities, and any other conditions necessary to ensure environmental protection during the temporary shutdown and anticipated resumption of mining activities.

NR 132.121 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (intro.), (b) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.122(1)(1) Upon completion of final reclamation in accordance with the approved reclamation plan for a portion of the mining site or the entire mining site the operator may provide notice to the department that final reclamation has been completed. The notice shall include all of the following:

NR 132.122(1)(a)(a) Clear delineation of the portion of the mining site addressed by the notification.

NR 132.122(1)(b)(b) Documentation that all applicable reclamation success criteria specified in the approved reclamation plan have been satisfied for the portion of the mining site addressed in the notification.

NR 132.122(1)(c)(c) Identification of routine management and maintenance activities that may be necessary to maintain the reclaimed portion of the site.

NR 132.122(1)(d)(d) A description of the ongoing reclamation monitoring activities.

NR 132.122(1)(e)(e) Documentation that the reclamation activities, as implemented, have achieved the minimum standards specified in s. 293.13 (2) (c), Stats.

NR 132.122(2)(2) Upon receipt of the notification of completion of final reclamation under sub. (1) the department shall review the information contained in the notification and take one of the following actions:

NR 132.122(2)(a)(a) Approve the notification, specifying the date upon which final reclamation is considered to have been completed and the scope of approved management, maintenance, and monitoring activities.

NR 132.122(2)(b)(b) Request additional information needed to complete the review of the notification.

NR 132.122(2)(c)(c) Deny approval of the notification, specifying the reasons for denial and steps to correct any identified deficiencies.