NR 131.104(4)(b)(b) The review conducted by the department under this subsection is limited specifically to the proposed methodology for data collection and analysis. Department approval of the methodology is not an endorsement or approval of the intended data collection program, including adequacy of the scope of the data collection program and appropriateness of sampling locations and analytical parameters.
NR 131.104(4)(c)(c) In approving the proposed methodology under this subsection, the department may require the person to provide notice to the department prior to specific data collection activities to facilitate verification of data collection by department staff, as necessary.
NR 131.104(5)(5)If a person obtains, collects, or generates data or information intended to be used to support a prospecting permit application without obtaining department approval of the person’s methodology under sub. (4), the department may not exclude any of the data or information that consists of general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant.
NR 131.104(6)(6)If the period of data collection prior to the filing of a preapplication notice under s. NR 131.105 continues for longer than 12 months, the department may require the person to enter into a pre-application services agreement with the department under s. 23.40 (4), Stats., to cover costs incurred by the department in verifying or reviewing the environmental data.
NR 131.104 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.
NR 131.105NR 131.105Preapplication notification and data collection.
NR 131.105(1)(1)At least 12 months before filing an application for a prospecting permit under s. NR 131.107 a person proposing to engage in a prospecting project shall notify the department in writing of the person’s intention to apply for a prospecting permit and submit to the department a project review fee under s. NR 131.106. The person submitting the preapplication notification shall provide the department with a complete electronic version of the notice in a format prescribed by the department and shall provide duplicate paper copies of the notice in a quantity specified by the department. The notice shall include all of the following information:
NR 131.105(1)(a)(a) The name, address, and telephone number of the person submitting the preapplication notification.
NR 131.105(1)(b)(b) A map showing the approximate location of the prospecting site including anticipated project boundaries, locations of surface waters, roads, railroads, pipelines and utilities within the project area and identification of property ownership of lands included in the project site and adjacent areas.
NR 131.105(1)(c)(c) The expected date when a prospecting permit application may be submitted under s. NR 131.107.
NR 131.105(1)(d)(d) A preliminary project description that includes all of the following:
NR 131.105(1)(d)1.1. A topographic map showing the location of the prospecting operation and preliminary location of project facilities.
NR 131.105(1)(d)2.2. A general description of the nonferrous metallic mineral deposit including available details on size, shape, and orientation, faulting and fracturing systems and patterns, origin, lithology, and mineralogic composition, including approximate metal grades and content.
NR 131.105(1)(d)3.3. A discussion of the anticipated prospecting methods.
NR 131.105(1)(d)4.4. A general description of the wastes expected to be generated.
NR 131.105(1)(d)5.5. The potential locations of anticipated mining waste facilities, if any.
NR 131.105(1)(d)6.6. The following information pertaining to potential prospecting sites:
NR 131.105(1)(d)6.a.a. A discussion of land uses at the proposed prospecting site and the surrounding area which may have an impact on the suitability of the property as a prospecting site or on groundwater quality.
NR 131.105(1)(d)6.b.b. A discussion of land use zoning, with particular attention given to areas where zoning variances will be required, where agricultural impact statements may be required, or where floodplain, conservancy, shoreland or wetland zoning is designated.
NR 131.105(1)(d)6.c.c. Identification of known recreational, historical, archaeological areas, areas that contain threatened or endangered species per s. 29.604, Stats., and ch. NR 27, state or local natural areas and county forest lands.
NR 131.105(1)(d)6.d.d. A discussion of the regional setting of the proposed prospecting site generally documented by currently available public information addressing the topography, surface hydrology including the presence of any resources designated as areas of special natural resources interest under s. 30.01 (1am), Stats., geology, and hydrogeology of the area surrounding the potential prospecting site.
NR 131.105(1)(d)7.7. An estimate of the project schedule.
NR 131.105(1)(e)(e) A proposed scope of study that includes all of the following:
NR 131.105(1)(e)1.1. Identification of data requirements needed for preparation of the prospecting permit application, and, as applicable, environmental impact report, mining waste site feasibility report, and plan of operation and other applications for permits, licenses, and approvals issued by the department.
NR 131.105(1)(e)2.2. Specific methodologies to be utilized in data collection, data processing and synthesis, laboratory methods, and analyses.
NR 131.105(1)(e)3.3. Description of the format in which the data will be presented in the prospecting permit application and other required submittals.
NR 131.105(1)(e)4.4. Tentative schedule for collection of field data.
NR 131.105(1)(e)5.5. Names, addresses, and qualifications of persons who will be responsible for data collection, laboratory work, and impact analysis. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data.
NR 131.105(1)(e)6.6. Quality assurance programs employed in obtaining, collecting, generating, and evaluating all baseline data.