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)(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)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(2)(2) The person giving notice under sub. (1) may submit, as part of the notification, specific environmental data that were obtained, collected, or generated prior to submitting a preapplication notification under this section including data reviewed under s. NR 131.104 and data that were not reviewed under s. NR 131.104. To the extent such information is available, the person shall include substantiating background information that will assist the department in establishing the validity of the data including the following:

NR 131.105(2)(b)(b) The identity of persons obtaining, collecting, and generating the data and their qualifications. 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(3)(3) Upon receipt of the preapplication notification under sub. (1), the department shall give public notice of the department’s receipt of the preapplication notification in the same manner as provided under s. 293.43 (2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project. The department shall make the preapplication notification available for review in the county, city, village, or town in which the prospecting site is located. The notice under this subsection shall invite interested persons to submit comments regarding information those interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and information that the interested persons believe the department should seek through independent studies. The department shall hold a public informational hearing to receive comments from interested persons and the hearing shall be completed within 45 days after public notice required under this subsection is given.

NR 131.105(4)(4) The department shall receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (3) as to information that the interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and the information that the interested persons believe the department should seek through independent studies.

NR 131.105(5)(5) No later than 90 days after the period for receiving and considering comments from interested persons under sub. (4), the department shall inform the person giving notice under sub. (1) of the type and quantity of information that the department believes to be needed to support an application for a prospecting permit and the methodology to be used in gathering information and shall identify preliminary verification procedures to be conducted by the department under sub. (9). The department shall specifically inform the person submitting a preapplication notification under sub. (1) of the type and quantity of information on the characteristics of groundwater resources in the area in which prospecting is anticipated to occur that the department believes is needed to support an application, including the information that the department believes should be included in the applicant’s environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform the person submitting a preapplication notification under sub. (1) of the application timelines and other filing requirements for all other approvals, licenses, and permits relating to the proposed prospecting project.

NR 131.105(6)(6) No later than 45 days after receiving the information from the department in sub. (5), the person submitting a preapplication notification under sub. (1) shall submit to the department a final scope of study incorporating information provided by the department in sub. (5).

NR 131.105(7)(7) All environmental baseline data gathered by a person submitting a preapplication notification under sub. (1) shall be submitted to the department as soon as it is in final form as described in the scope of study. The department may require the person to submit any raw field data collected either by the applicant or by a consultant.

NR 131.105(8)(8) The department may at any time after consultation with the person submitting a preapplication notification under sub. (1) revise or modify its requirements regarding information that must be gathered and submitted as part of the information needed for preparation of the prospecting permit application, environmental impact report, mining waste site feasibility report, plan of operation, or other applications for permits, licenses, and approvals issued by the department.

NR 131.105(9)(9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, if required, prospecting permit application, or applications for other permits and approvals issued by the department. The department shall develop studies and quality assurance and verification programs in a manner consistent with future monitoring requirements.

NR 131.105 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 6. c., (2) (intro.) made under s. 35.17, Stats., and correction in numbering in (2) (a) to (c) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 131.106(1)(1) When a person gives notice under s. NR 131.105 (1) of the person’s intention to apply for a prospecting permit, the person shall pay the department a fee of $25,000 to reimburse the department for costs incurred by the department in connection with review of the proposed prospecting project during the year following receipt of the notice, other than any costs related to the environmental impact statement for the proposed prospecting.

NR 131.106(2)(2) The department shall annually compare the fees paid under this section and under chs. 30, 280 to 292, and 295 to 299, Stats., in connection with proposed prospecting for which notice was given under s. NR 131.105 (1) with the costs incurred by the department in connection with the proposed prospecting project, including the costs incurred under chs. 30, 280 to 292, and 295 to 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred exceed the fees paid, the person who provided notice under s. NR 131.105 (1) shall pay a fee equal to the amount by which the costs exceed the fees previously paid.

NR 131.106(3)(3) When the department issues or denies a prospecting permit or when a person who gave notice under s. NR 131.105 (1) ceases to seek approval of the proposed prospecting project, the department shall compare the fees paid under this section and under chs. 30, 280 to 292 and 299, Stats., in connection with the proposed prospecting project with the costs incurred by the department in connection with the proposed prospecting project, including the costs incurred under chs. 30, 280 to 292, and 299, Stats., but excluding costs related to the environmental impact statement. If the costs incurred are less than the fees paid, the department shall pay the person who gave notice under s. NR 131.105 (1) the amount by which the fees exceed the costs. If the costs incurred exceed the fees paid, the person who gave notice under s. NR 131.105 (1) shall pay a final fee equal to the amount by which the costs exceed the fees previously paid.