SB1,111,324 8. A proposed monitoring program, based on potential variations in the quality
25and quantity of mining waste and methods of processing, transport and disposal, and

1on the variability of important environmental conditions, designed to monitor the
2proposed mining waste site for compliance with all environmental standards that
3are applicable under this subchapter.
SB1,111,164 9. The results of engineering and hydrologic modeling to assess mining waste
5site performance relative to compliance with applicable groundwater quality
6standards to a depth of not more than 1,000 feet into the Precambrian bedrock or to
7the final depth of the mining excavation, whichever is greater, and to compliance
8with applicable surface water quality standards, examining a period equal to the
9proposed period in which the mining waste site is proposed to operate plus 100 years
10after closure of the mining waste site. The applicant may also include information
11from other mining operations and operations for the extraction of nonferrous
12metallic minerals to substantiate that the proposed mining waste site design,
13including associated contingency plans and monitoring and response plans, will
14allow for the operation and closure of the mining waste site in a manner that will not
15substantially adversely affect groundwater and surface water quality in accordance
16with applicable standards.
SB1,111,1817 10. If the applicant proposes to expand an existing mining waste site, an
18evaluation of the existing mining waste site design and operation.
SB1,112,219 (p) Preliminary water budgets for the periods before construction, during
20construction, and after closure of the mining waste site, each addressing
21climatological situations depicting dry, wet, and average precipitation and
22evaporation conditions, based on climatological records. In preparing the water
23budget, the applicant shall consider precipitation, slurry water input and return,
24evaporation, surface runoff, evapotranspiration, the moisture holding capacity of
25soil and mining waste, and the velocities and volumes of groundwater flow. In the

1water budget, the applicant shall describe the estimated amount and quality of
2seepage and discharge to surface water and groundwater.
SB1,112,43 (q) An analysis of the impact of the mining waste site on aesthetics and how
4any impact can be minimized or offset to the extent practicable.
SB1,112,65 (r) Data regarding the safety factors of tailings basin embankments,
6considering the following, on a case-by-case basis:
SB1,112,87 1. Geology of the mining waste site including type and homogeneity of the
8foundation.
SB1,112,99 2. Materials and methods to be used for embankment construction.
SB1,112,1110 3. Physical and chemical characteristics of the mining waste as deposited and
11predicted changes through time.
SB1,112,1312 4. The potential area to be affected in case of failure, considering land use and
13the surrounding environment.
SB1,112,1514 5. Requirements of the mine safety and health administration of the federal
15department of labor.
SB1,112,1716 (s) An economic analysis, including an engineer's cost estimate, for mining
17waste site closure and long-term care.
SB1,112,2018 (t) Identification and analysis of alternatives to the design and location of any
19new proposed mining waste site and discussion of operation alternatives to the
20extent they have a significant impact on design and location alternatives.
SB1,112,2121 (u) An appendix that includes all of the following:
SB1,112,2322 1. Boring logs, soil tests, well construction data, and water level
23measurements.
SB1,112,2524 2. A description of the methods and equations used in the analysis of the raw
25data.
SB1,113,1
13. References.
SB1,113,4 2(6) Contents relating to operation. An applicant for a mining permit shall
3submit as part of the mining waste site feasibility study and plan of operation
4provisions relating to operation of the mining waste site including all of the following:
SB1,113,55 (a) Engineering plans consisting of all of the following:
SB1,113,76 1. An existing site conditions plan sheet indicating site conditions before
7development to the extent not provided under sub. (5).
SB1,113,118 2. A base grade plan sheet indicating mining waste site base grades or the
9appearance of the mining waste site if it were excavated in its entirety to the base
10elevation, before installation of any engineering modifications and before disposal
11of any mining wastes.
SB1,113,1312 3. An engineering modifications plan sheet indicating the appearance of the
13mining waste site after installation of engineering modifications.
SB1,113,1614 4. A final site topography plan sheet indicating the appearance of the site at
15closing including the details necessary to prepare the mining waste site for
16reclamation and long-term care.
SB1,113,2017 5. A series of phasing plan sheets showing initial mining waste site
18preparations for each subsequent major phase or new area where substantial mining
19waste site preparation must be performed, along with a list of construction items and
20quantities projected to be necessary to prepare the phase indicated.
SB1,113,2521 6. A site monitoring plan sheet showing the location of all devices for the
22monitoring of leachate quality, leachate production, and groundwater quality and
23levels in both the natural zone of saturation and that developed within the mining
24waste site, along with a table indicating the parameters to be monitored for and the
25frequency of monitoring before and during mining waste site development.
SB1,114,7
17. A long-term care plan sheet showing the completion of closure and
2indicating those items anticipated to be performed during the period of long-term
3care for the mining waste site, along with a discussion of the procedures to be used
4for the inspection and maintenance of runoff control structures, settlement, erosion
5damage, leachate control facilities, and leachate and groundwater monitoring and
6a table listing those items and the anticipated schedule for monitoring and
7maintenance.
SB1,114,98 8. If applicable, the following information on the plan sheets under subds. 1.
9to 7.:
SB1,114,1010 a. A survey grid with baselines and monuments to be used for field control.
SB1,114,1111 b. Limits of filling for each major mining waste type or fill area.
SB1,114,1612 c. All drainage patterns and surface water drainage control structures both
13within the actual fill area and at the perimeter of the mining waste site, including
14any berms, ditches, sedimentation basins, pumps, sumps, culverts, pipes, inlets,
15velocity breaks, sodding, erosion matting, vegetation, or other methods of erosion
16control.
SB1,114,1717 d. The method of placing mining waste within each phase.
SB1,114,1918 e. Ground surface contours at the time represented by the drawing, indicating
19spot elevations for key features.
SB1,114,2020 f. Areas to be cleared, grubbed, and stripped of topsoil.
SB1,114,2221 g. Borrow areas for liner materials, granular materials for filter beds, berms,
22roadway construction, and cover materials.
SB1,114,2423 h. All soil stockpiles, including soils to be used for cover, topsoil, liner materials,
24filter bed materials, and other excavation.
SB1,114,2525 i. Access roads and traffic flow patterns to and within the active fill area.
SB1,115,1
1j. All temporary and permanent fencing.
SB1,115,22 k. The methods of screening such as berms, vegetation, or special fencing.
SB1,115,53 L. Leachate collection, control, and treatment systems, including any pipes,
4manholes, trenches, berms, collection sumps or basins, pumps, risers, liners, and
5liner splices.
SB1,115,66 m. Leachate and groundwater monitoring devices and systems.
SB1,115,77 n. Disposal areas for severe weather operations.
SB1,115,88 o. Support buildings, utilities, gates, and signs.
SB1,115,99 p. Handling areas for the segregation of various types of mining waste.
SB1,115,1010 q. Construction notes and references to details.
SB1,115,1211 r. On the appropriate plan sheet, the location of each cross-section under subd.
129., with the section labeled using the mining waste site grid system.
SB1,115,2213 9. A series of mining waste site cross-sections, drawn perpendicular and
14parallel to the mining waste site baseline at a maximum distance of 500 feet between
15cross-sections and at points of important construction features, each cross-section
16showing, where applicable: existing and proposed base and final grades; soil borings
17and monitoring wells that the section passes through or is adjacent to; soil types,
18bedrock, and water table; leachate control, collection, and monitoring systems;
19quantity of mining waste and area filled by each major mining waste type; drainage
20control structures; access roads and ramps on the mining waste site perimeter and
21within the active fill area; the filling sequence or phases; and other appropriate site
22features.
SB1,115,2523 10. Drawings and typical sections for, as appropriate, drainage control
24structures, tailings distribution systems, access roads, fencing, leachate control
25systems and monitoring devices, buildings, signs, and other construction details.
SB1,116,6
1(b) A plan for initial site preparations, including a discussion of the field
2measurements, photographs to be taken, and sampling and testing procedures to be
3used to verify that the in-field conditions encountered were the same as those
4defined in the mining waste site feasibility study and plan of operation and to
5document that the mining waste site was constructed according to the engineering
6plans and specifications submitted for department approval.
SB1,116,137 (c) A description of typical daily operations, including a discussion of the
8timetable for development; methods for determining mining waste types disposed of
9or excluded; typical mining waste handling techniques; hours of operation; traffic
10routing; drainage and erosion control; windy, wet, and cold weather operations; fire
11protection equipment; methods for dust control; method of placing mining waste
12materials; monitoring; closure of filled areas; leachate control methods; and critical
13backup equipment.
SB1,116,1614 (d) An analysis of the financial responsibility for closure and long-term care
15from the time of closing of the mining waste site to termination of the obligation to
16maintain proof of financial responsibility for long-term care.
SB1,116,1817 (e) A description of procedures for backfilling all soil borings and monitoring
18wells when they are abandoned.
SB1,116,2219 (f) A contingency plan to prevent or minimize damage to human health or the
20environment in the event of an accidental or emergency discharge or other condition
21that does not comply with conditions of the mining permit or other applicable
22standards. The applicant shall ensure that the plan does all of the following:
SB1,116,2423 1. Follows the spill prevention, control, and countermeasures plan in
24regulations promulgated under 33 USC 1321.
SB1,117,3
12. Indicates, for the monitoring programs required under sub. (5) (o) 8., the
2levels of substances that if exceeded require the operator to activate the contingency
3plan.
SB1,117,54 3. Includes a provision for more concentrated and frequent monitoring in the
5area of any excessive measurement.
SB1,117,86 4. Describes possible accidental or emergency discharges or other unplanned
7events and identifies the corresponding corrective action or alternative action to be
8implemented should the criteria for action be exceeded.
SB1,117,109 5. Specifies the action to be taken if an analysis of groundwater samples
10requires a response.
SB1,117,1411 (g) A list of the groundwater and surface water quality parameters for which
12the applicant will monitor under s. 295.643 and a description of the methods for
13groundwater and surface water sample collection, preservation, and analysis that
14will be used.
SB1,117,19 15(7) Required demonstrations. Through the mining waste site feasibility study
16and plan of operation, the applicant shall demonstrate that all of the following apply
17or will apply with respect to the operation of the mining waste site, excluding the area
18from which ferrous minerals will be extracted and that is backfilled with mining
19waste:
SB1,117,2320 (a) No mining waste will be deposited in such a way that the mining waste or
21leachate from the mining waste will result in a violation of any applicable surface
22water quality criteria or standards, applicable wetland water quality standards, or
23applicable groundwater quality standards.
SB1,117,2524 (b) Surface water drainage will be diverted away from and off the active fill
25area.
SB1,118,2
1(c) Access to the mining waste site will be restricted through the use of fencing,
2natural barriers, or other methods approved by the department.
SB1,118,43 (d) The entire perimeter of the mining waste site will be made accessible for
4inspection and for earth moving equipment required for emergency maintenance.
SB1,118,75 (e) Any area to be used for the disposal of mining waste and any borrow areas
6will first be stripped of all topsoil to ensure that adequate amounts are available for
7reclamation and closure activities.
SB1,118,98 (f) Effective means will be taken to control dust resulting from the mining
9waste site.
SB1,118,1110 (g) Provisions will be made for back-up equipment in the event of the
11breakdown of critical operating equipment.
SB1,118,1512 (h) The design and operation specifications for mining waste site facilities
13include contingency measures, which may include emergency power supplies,
14redundant equipment, or temporary holding facilities, to deal with emergency
15conditions.
SB1,118,2016 (hm) Any mining waste site designed with a liner or situated in soils with
17sufficiently low permeability to either partially or completely contain leachate is
18designed with a leachate management system that can effectively remove leachate,
19prevent surface seepage, and promote adequate settlement to permit final
20reclamation.
SB1,118,2421 (i) All surface water drainage ditches, culverts, and other drainage control
22structures are designed for a rainfall event measured in terms of the depth of the
23rainfall occurring within a 24-hour period and having an expected recurrence
24interval of once in 100 years.
SB1,119,3
1(j) The final slopes of the completed mining waste site will be no less than 20
2percent and no greater than 50 percent, unless the mining waste site is specifically
3designed for a final use compatible with other slopes.
SB1,119,64 (k) The final cover design for the mining waste site is based on the results of
5the mining waste characterization and engineering needs identified in studying the
6mining waste site feasibility.
SB1,119,87 (L) Provisions are made for collection and treatment of leachate for all areas
8designed to contain leachate.
SB1,119,119 (m) The mining waste site is located and designed, and will be constructed and
10operated, so that any liner system or naturally occurring soil barrier is compatible
11with all mining waste that is disposed of or stored in the mining waste site.
SB1,119,1612 (n) For any dam, sufficient freeboard, measured from the inside of the top of
13the dam, to contain a rainfall event measured in terms of the depth of the rainfall
14occurring within a 24-hour period and having an expected recurrence interval of
15once in 100 years and to prevent overtopping by waves during such a rainfall event
16or a minimum of 2 feet of freeboard, whichever is greater, will be provided.
SB1,119,1817 (o) Drainage or filter bed material has been selected and designed to promote
18drainage, reduce the potential for piping, and be stable under leaching conditions.
SB1,119,2219 (p) Material used in earth embankments or drainage or filter beds will be free
20of vegetation, organic soils, frozen soils, and other extraneous matter that could
21affect the compactibility, density, permeability, or shear strength of the finished
22embankment.
SB1,120,323 (q) Embankment materials and drainage or filter bed materials will be
24compacted to 90 percent of the maximum dry density as determined by the standard
25proctor compaction test, ASTM D698, or to a greater density as necessitated by the

1embankment height, and the materials will be compacted in appropriate layers as
2determined through the slope stability analysis, except that compaction and
3crushing of waste rock for use outside an earth core is not required.
SB1,120,54 (r) Emergency spill containment areas will be provided near the tailings
5pipeline in case of power or pipeline failure.
SB1,120,76 (s) Tailings pipelines will be self-draining to the tailings area or to an
7emergency spill containment area.
SB1,120,118 (t) The mining waste site is located in the same watershed as the surface
9facilities for the mining unless it is not practicable to locate the mining waste site in
10the same watershed as the surface facilities for the mining, as determined on a site
11specific basis.
SB1,120,1312 (u) The disposal of the mining waste will minimize the discharge of
13environmental pollutants to groundwater to the extent practicable.
SB1,120,1414 (w) Tailings pipelines are as short as practicable.
SB1,120,1515 (x) Upstream rainfall catchment areas are minimized.
SB1,120,1716 (y) The outside of the top of any dam is higher than the inside of the top of the
17dam so that runoff from the top is forced to the inside of the dam.
SB1,120,1818 (z) The mining waste site design includes staged reclamation, if practicable.
SB1,120,23 19(8) Limitation on regulation of certain mining waste. The department may
20not regulate the use of mining waste in reclamation or in the construction of any
21facility or structure on a mining site except through the department's review of the
22mining plan and reclamation plan and the approval of the application for the mining
23permit.
SB1,121,2 24(9) Applicability of other laws. Subchapters I to V and VIII of ch. 289 and
25rules promulgated under those subchapters do not apply to a mining waste site, to

1the disposal of mining waste in a mining waste site, or to mining wastes used in the
2reclamation or construction of facilities and structures on the mining site.
SB1,121,6 3295.53 Environmental impact statement. (1) Consultants. The
4department may enter into contracts for environmental consultant services under
5s. 23.41 to assist in the preparation of an environmental impact statement or to
6provide assistance to applicants.
SB1,121,10 7(2) Notice. After the department receives an application for a mining permit,
8it shall notify the public and affected agencies that an environmental impact
9statement will be prepared for the proposed mine and that the process of identifying
10major issues under s. NR 150.21 (3), Wis. Adm. Code, is beginning.
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