AB426-ASA1,53,1511 (c) If the department determines that the issuance of an approval is contingent
12upon the issuance of a permit under s. 29.604 (6m), and if the application for the
13permit under s. 29.604 (6m) is filed with the approval application, the department
14may not determine that the approval application is incomplete on the basis that the
15department has not yet issued the permit under s. 29.604 (6m).
AB426-ASA1,53,21 16(5) (a) A person who intends to engage in bulk sampling shall submit with the
17bulk sampling plan a bond in the amount of $5,000 that is conditioned on faithful
18performance of the requirements of this section, that is issued by a surety company
19licensed to do business in this state, and that provides that the bond may not be
20canceled by the surety, except after not less than 90 days' notice to the department
21in writing by registered or certified mail.
AB426-ASA1,54,222 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
23the person who filed the bulk sampling plan shall deliver a replacement bond at least
2430 days before the expiration of the 90-day notice period. If the person fails to submit

1a replacement bond, the person may not engage in bulk sampling until the person
2submits a replacement bond.
AB426-ASA1,54,73 (c) If the license of the surety company for a bond submitted under par. (a) is
4revoked or suspended, the person who filed the bulk sampling plan, within 30 days
5after receiving written notice from the department, shall deliver a replacement bond.
6If the person fails to submit a replacement bond, the person may not engage in bulk
7sampling until the person submits a replacement bond.
AB426-ASA1,54,118 (d) The department may require that the amount of the bond submitted under
9this subsection be increased at any time, if the department determines that it is
10unlikely that the bond would be adequate to fund the cost to this state of completing
11the revegetation plan.
AB426-ASA1,54,1512 (e) The department shall release a bond submitted under this subsection one
13year after the time for completing the bulk sampling and the revegetation set forth
14in the bulk sampling plan if the department determines that the person who engaged
15in bulk sampling has complied with this section.
AB426-ASA1,54,23 16(6) (a) If the department determines that proposed bulk sampling will have an
17adverse effect, as defined in s. 44.31 (1), on a historic property, as defined in s. 44.31
18(3), that is a listed property, as defined in s. 44.31 (4), that is on the Wisconsin
19inventory of historic places, as defined in s. 44.31 (12), or that is on the list of locally
20designated historic places under s. 44.45, but that the applicant is taking measures
21to minimize that adverse effect, no notice to the state historic preservation officer
22under s. 44.40 (1) or negotiations between the department and state historic
23preservation officer under s. 44.40 (3) are required.
AB426-ASA1,55,324 (b) If an adverse effect described in par. (a) cannot practicably be minimized,
25any negotiations between the department and state historic preservation officer

1shall be concluded no later than 60 days after the date on which the application for
2the approval that authorizes the bulk sampling activity that will have an adverse
3effect is considered to be complete under sub. (4).
AB426-ASA1,55,6 4(7) Notwithstanding any provision in ch. 23, 29, 30, 169, 281, 283, 285, 289, or
5291 or a rule promulgated under those chapters applicable to an approval identified
6under sub. (3), all of the following apply:
AB426-ASA1,55,117 (a) When considering an application for an approval identified under sub. (3),
8the department shall recognize the fixed location of the metallic mineral deposits,
9the water needs inherent in mining, and the need for mining waste sites and
10processing facilities, including wastewater and sludge storage or treatment lagoons,
11to be contiguous to the location of the ferrous mineral deposits.
AB426-ASA1,55,1412 (b) When issuing an approval, the department shall require the bulk sampling
13activity for which the approval is issued to be conducted at locations that result in
14the fewest overall adverse environmental impacts, to the extent practicable.
AB426-ASA1,55,19 15(8) In determining whether to approve or deny an application for an approval
16identified under sub. (3), the department shall consider the site-specific erosion
17control plan, the revegetation plan, and any compensation or mitigation under s.
18295.60, any measures under s. 295.605, or any conservation measures under s.
19295.61 that the applicant proposes to take.
AB426-ASA1,55,24 20(9) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281, 283,
21285, 289, or 291 or in a rule promulgated under those chapters that is applicable to
22an approval identified under sub. (3), the department shall approve or deny the
23application within 30 days after the day on which the application is considered to be
24complete under sub. (4) if any of the following apply:
AB426-ASA1,56,3
1(a) The application is for a waiver, exemption, or exception to an approval for
2a bulk sampling activity or for a determination that the proposed bulk sampling
3activity is below the threshold that requires an approval.
AB426-ASA1,56,54 (b) The application is for a determination of eligibility for coverage under a
5general permit or a registration permit.
AB426-ASA1,56,13 6(10) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281,
7283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
8to an approval identified under sub. (3), the department shall approve or deny any
9application for an approval identified under sub. (3) to which sub. (9) does not apply
10within 60 days after the date on which the application is considered to be complete
11under sub. (4), unless the application is for an individual permit for which federal law
12requires the opportunity for public comment or the ability to request a public hearing
13prior to issuance of the approval.
AB426-ASA1,56,2114 (b) The department shall publish a class 1 notice, under ch. 985, that describes
15the availability of information concerning the activity for which an approval
16described in par. (a) is required, its proposed decision, its draft approval, information
17or summaries related to the approval, the department's analyses and preliminary
18determinations relating to the approval, the preapplication description under s.
19295.46, any additional information that a law concerning the approval requires to be
20made available, and the opportunity to submit written comments within 30 days
21after the notice is published.
AB426-ASA1,57,222 (c) In the notice under par. (b), the department shall also specify the date, time,
23and location of the public informational hearing. The department shall send the
24notice to any person to whom the department is required to give notice of any

1proposed determination, application, or hearing concerning an approval described
2in par. (a) under the laws relating to the issuance of the approval.
AB426-ASA1,57,93 (d) If there is more than one approval described in par. (a), the department shall
4issue one notice and coordinate the public comment period for all of the approvals.
5If possible, the department shall coordinate the notice and the public comment
6period for an approval that is an individual permit for which federal law requires the
7opportunity for public comment or the ability to request a public hearing prior to
8issuance of the approval with notice and the public comment period for the approvals
9described in par. (a).
AB426-ASA1,57,2010 (e) The department shall hold a public informational hearing within 30 days
11after publishing the notice under par. (b). The department shall hold the public
12informational hearing in the county where the majority of the proposed bulk
13sampling site is located. If there is more than one approval described in par. (a), the
14department shall hold a single public informational hearing covering all of the
15approvals and the preapplication description under s. 295.46. If possible, the
16department shall include consideration of an approval that is an individual permit
17for which federal law requires the opportunity for public comment or the ability to
18request a public hearing prior to issuance of the approval in the public informational
19hearing under this paragraph. The public informational hearing under this
20paragraph is not a contested case hearing under ch. 227.
AB426-ASA1,58,2 21(10g) (a) If it is not possible to coordinate the public comment period and public
22informational hearing for an approval that is an individual permit for which federal
23law requires the opportunity for public comment or the ability to request a public
24hearing prior to issuance of the approval with the public comment period and public
25informational hearing under sub. (10), the department shall issue a separate public

1notice and hold a separate public informational hearing for the approval in
2accordance with the law governing the approval.
AB426-ASA1,58,53 (b) The department shall approve or deny the application for an approval to
4which par. (a) applies within 180 days after the date on which the application is
5considered to be complete under sub. (4).
AB426-ASA1,58,7 6(10r) An approval identified under sub. (3) is issued upon mailing and is final
7and effective upon issuance.
AB426-ASA1,58,10 8(11) The department is not required to prepare an environmental impact
9statement or an environmental assessment for an approval required for bulk
10sampling.
AB426-ASA1,58,18 11295.46 Preapplication description. (1) A person who files a bulk sampling
12plan under s. 295.45 with regard to a proposed mining project shall file, together with
13the bulk sampling plan, a general description of the proposed mining project. A
14person who proposes to engage in a mining project, but who does not file a bulk
15sampling plan, shall file a general description of the proposed mining project with
16the department at the time that the person provides the notice of intent to file an
17application for a mining permit under s. 295.465. The general description shall
18include all of the following:
AB426-ASA1,58,1919 (a) A description of the proposed mining site.
AB426-ASA1,58,2020 (b) A map that shows all of the following:
AB426-ASA1,58,2221 1. The boundaries of the area of land that will be affected by the proposed
22mining project.
AB426-ASA1,58,2423 2. The location and names of all streams, roads, railroads, pipelines, and utility
24lines on or within 1,000 feet of the proposed mining site.
AB426-ASA1,58,2525 3. The name or names of the owner or owners of the proposed mining site.
AB426-ASA1,59,3
14. The name of each city, village, or town in which the proposed mining site is
2located and the name of any other city, village, or town that is located within 3 miles
3of the proposed mining site.
AB426-ASA1,59,54 5. The federal natural resources conservation service land capabilities
5classifications of the area affected by the proposed mining project.
AB426-ASA1,59,66 6. The elevation of the water table.
AB426-ASA1,59,97 (c) A general description of the nature, extent, and final configuration of the
8proposed excavation and mining site, including an estimate of the production of
9tailings, waste rock, and other refuse and the location of their disposal.
AB426-ASA1,59,1110 (d) A general conceptual description of the likely operating procedures of the
11proposed mining project.
AB426-ASA1,59,1312 (e) The likely location, and a general description, of the excavation, waste site,
13and processing facilities relating to the proposed mining project.
AB426-ASA1,59,22 14(2) (a) If the department provides notice to an applicant under s. 295.45 (3) that
15no approvals are required for bulk sampling or if a person who proposes to engage
16in a mining project files a preapplication description of the proposed mining project
17at the time that the person provides the notice of intent to file an application for a
18mining permit under s. 295.465 because the person did not file a bulk sampling plan,
19the department shall publish a class 1 notice, under ch. 985, of a public informational
20hearing on the proposed mining project. The department shall publish the notice
21when if notifies the applicant that no approvals are required or after it receives the
22notice of intent.
AB426-ASA1,59,2323 (b) In a notice under par. (a), the department shall do all of the following:
AB426-ASA1,59,2424 1. Describe the availability of the preapplication description.
AB426-ASA1,60,2
12. Describe the opportunity to submit written comments within 30 days after
2the notice is published.
AB426-ASA1,60,33 3. Specify the date, time, and location of the public informational hearing.
AB426-ASA1,60,44 (c) The department shall send a notice under par. (a) to all of the following:
AB426-ASA1,60,65 1. The clerk of any city, village, town, or county within which any part the
6proposed mining site lies.
AB426-ASA1,60,87 2. The clerk of any city, village, or town, contiguous to any city, village, or town
8within which any portion of the proposed mining site is located.
AB426-ASA1,60,109 3. Any regional planning commission for the area within which the affected
10area lies.
AB426-ASA1,60,1211 4. Any state agency that the department knows may be required to grant a
12permit or other authorization necessary for the proposed mining project.
AB426-ASA1,60,1313 5. Any interested person who has requested notification.
AB426-ASA1,60,1714 (d) The department shall hold a public informational hearing within 30 days
15after publishing the notice under par. (a). The department shall hold the public
16informational hearing in the county in which the majority of the proposed mining site
17is located.
AB426-ASA1,60,25 18295.465 Preapplication notification. (1) At least 12 months before filing
19an application for a mining permit under s. 295.47, a person proposing to engage in
20a mining project shall notify the department in writing of the intention to file an
21application for a mining permit. After receiving the notification, the department
22shall hold at least one meeting with the person to make a preliminary assessment
23of the project's scope, to make an analysis of alternatives, to identify potential
24interested persons, and to ensure that the person making the proposal is aware of
25all of the following:
AB426-ASA1,61,2
1(a) The approvals, including the filing requirements for the approvals, that the
2person may be required to obtain for the mining project.
AB426-ASA1,61,53 (b) The requirements for submission of an environmental impact report and for
4submission of any other information required by the department to prepare an
5environmental impact statement under s. 295.53.
AB426-ASA1,61,76 (c) The information the department will require to enable the department to
7process the application for the mining permit in a timely manner.
AB426-ASA1,61,9 8(2) Within 60 days of a meeting under sub. (1), the department shall provide
9all of the following to the person:
AB426-ASA1,61,1010 (a) A detailed written summary of the requirements under sub. (1) (a) to (c).
AB426-ASA1,61,1411 (b) Any available information relevant to the potential impacts of the mining
12project on rare, threatened, or endangered species and historic or cultural resources
13and any other information relevant to potential impacts that may occur from the
14project that are required to be considered under s. 1.11.
AB426-ASA1,61,2315 (c) Available information to evaluate the environmental impact of the project
16and to expedite the preparation of the environmental impact report and the
17environmental impact statement, including information concerning preliminary
18environmental reviews, field studies, and investigations; monitoring programs to
19establish baseline water quality; laboratory studies and investigations; advisory
20services; and the timing and the processes associated with any necessary
21consultations with other state or federal agencies and within the department, such
22as those required for endangered resources and cultural resource consultations and
23approvals.
AB426-ASA1,62,13 24295.47 Application for mining permit. (1) (a) No person may engage in
25mining or reclamation at any mining site unless the mining site is covered by a

1mining permit and by written authorization to mine under s. 295.59 (3). An
2applicant shall submit an application for a mining permit to the department in
3writing and in reproducible form and shall provide the number of copies that are
4requested by the department. An application and a mining permit are required for
5each separate mining site. The applicant shall distribute copies of the application
6to the clerk of any city, village, town, or county with zoning jurisdiction over the
7proposed site, to the clerk of any city, village, town, or county within whose
8boundaries any portion of the proposed mining site is located, to the elected
9governing body of any federally recognized American Indian tribe or band with a
10reservation the boundaries of which are within 20 miles of the proposed site, and to
11the main public library of each city, village, town, or county with zoning jurisdiction
12over the proposed site or within whose boundaries any portion of the proposed site
13is located.
AB426-ASA1,62,1714 (b) If a person proposes to conduct mining at a mining site that includes an
15abandoned mining site, the person shall include plans for reclamation of the
16abandoned mining site, or the portion of the abandoned mining site that is included
17in the mining site, in its mining plan and reclamation plan.
AB426-ASA1,62,19 18(2) As a part of each application for a mining permit, the applicant shall furnish
19all of the following:
AB426-ASA1,62,2020 (a) A mining plan under s. 295.48.
AB426-ASA1,62,2121 (b) A reclamation plan under s. 295.49.
AB426-ASA1,62,2222 (c) A mining waste site feasibility study and plan of operation under s. 295.51.
AB426-ASA1,62,2523 (e) The name and address of each owner of land within the mining site and each
24person known by the applicant to hold any option or lease on land within the mining
25site.
AB426-ASA1,63,1
1(f) A list of all mining permits in this state held by the applicant.
AB426-ASA1,63,52 (g) Evidence the applicant has applied or will apply for necessary permits or
3other permissions under all applicable zoning ordinances and that the applicant has
4applied or will apply to the department for any approval and has applied or will apply
5for any other license or permit required under state law.
AB426-ASA1,63,76 (h) 1. The information specified in subd. 2. concerning the occurrence of any of
7the following within 10 years before the application is submitted:
AB426-ASA1,63,128 a. A forfeiture by the applicant, principal shareholder of the applicant, or a
9related person of a mining reclamation bond that was sufficient to cover all costs of
10reclamation and was posted in accordance with a permit or other approval for a
11mining operation in the United States, unless the forfeiture was by agreement with
12the entity for whose benefit the bond was posted.
AB426-ASA1,63,1513 b. A felony conviction of the applicant, a related person, or an officer or director
14of the applicant for a violation of a law for the protection of the natural environment
15arising out of the operation of a mining site in the United States.
AB426-ASA1,63,1816 c. The bankruptcy or dissolution of the applicant or a related person that
17resulted in the failure to reclaim a mining site in the United States in violation of a
18state or federal law.
AB426-ASA1,63,2219 d. The permanent revocation of a mining permit or other mining approval
20issued to the applicant or a related person if the permit or other mining approval was
21revoked because of a failure to reclaim a mining site in the United States in violation
22of state or federal law.
AB426-ASA1,63,2423 2. The applicant shall specify the name and address of the person involved in
24and the date and location of each occurrence described in subd. 1.
AB426-ASA1,64,2
1(i) A description of any land contiguous to the proposed mining site that the
2applicant owns or leases or has an option to purchase or lease.
AB426-ASA1,64,43 (j) Any other pertinent information that the applicant believes may be useful
4to the department.
AB426-ASA1,64,10 5295.48 Mining plan. (1) General. An applicant for a mining permit shall
6submit as part of the application a mining plan that includes a description of the
7proposed mining site and either a detailed map drawn to a scale approved by the
8department or aerial photographs, if the photographs show the details to the
9satisfaction of the department, prepared and certified by a competent engineer,
10surveyor, or other person approved by the department that show all of the following:
AB426-ASA1,64,1111 (a) The boundaries of the area of land that will be affected.
AB426-ASA1,64,1212 (b) The drainage area above and below the area that will be affected.
AB426-ASA1,64,1413 (c) The location and names of all streams, roads, railroads, pipelines, and
14utility lines on or within 1,000 feet of the mining site.
AB426-ASA1,64,1515 (d) The name or names of the owner or owners of the mining site.
AB426-ASA1,64,1716 (e) The name of the city, village, or town in which the mining site is located and
17the name of any other city, village, or town that is within 3 miles of the mining site.
AB426-ASA1,64,19 18(2) Descriptive data. The applicant shall provide descriptive data to
19accompany the map or photographs under sub. (1), including all of the following:
AB426-ASA1,64,2120 (a) The federal natural resources conservation service land capabilities
21classifications of the affected area.
AB426-ASA1,64,2222 (b) The elevation of the water table.
AB426-ASA1,64,2523 (c) Details of the nature, extent, and final configuration of the proposed
24excavation and mining site, including the total estimated production of tailings,
25waste rock, and other refuse and the location of their disposal.
AB426-ASA1,65,1
1(d) The nature and depth of the overburden.
AB426-ASA1,65,4 2(3) Operating procedures. The applicant shall also include in the mining plan
3the details of the proposed operating procedures, including descriptions of all of the
4following:
AB426-ASA1,65,55 (a) The sequence of mining operations.
AB426-ASA1,65,66 (b) The handling of overburden materials.
AB426-ASA1,65,77 (c) The production, handling, and final disposition of tailings.
AB426-ASA1,65,98 (d) The milling, concentrating, refining, and other processing of ferrous
9minerals.
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