SB1,103,4
1(1s) Backfilled waste site. For surface mining, the portion of a mining site
2from which ferrous minerals are extracted and that is backfilled with mining waste
3and any buildings, structures, roads, or drainage controls associated with that
4portion of the mining site may be considered a single mining waste site.
SB1,103,8 5(2) General. An applicant for a mining permit shall submit as part of the
6application a mining waste site feasibility study and plan of operation that
7demonstrates the suitability of the proposed mining waste site for the disposal of
8mining wastes and that describes the operation of the mining waste site.
SB1,103,22 9(3) Waste characterization and analysis. For the purposes of this section, the
10applicant shall perform waste characterization and analysis, to identify the
11quantities, variability, and physical, radiological, and chemical properties of each
12mining waste as necessary to assess the potential environmental impact of handling,
13storage, and disposal. The applicant may include in the waste characterization and
14analysis a review of the literature and results from similar existing facilities,
15materials, or studies. For the purpose of the waste characterization and analysis,
16the applicant shall conduct testing on representative samples of materials available,
17on individual mining wastes from the mining process, and if the applicant proposes
18mixed storage or disposal of individual mining wastes, on composite mining wastes.
19If physical or chemical segregation of a mining waste is proposed, the applicant shall
20test each individual waste resulting from the physical or chemical segregation. The
21applicant shall complete all of the following components of the waste
22characterization and analysis:
SB1,104,223 (a) Identification of all mining wastes that will be disposed of or stored in the
24mining waste site, including classification of mining waste types, estimates of the

1rates of generation and volumes of each type, and an explanation of the proposed
2ultimate disposition of each type.
SB1,104,43 (b) Chemical, radiological, physical, and mineralogical analyses of each type
4of mining waste.
SB1,104,55 (c) Analyses of the particle size of the mining wastes.
SB1,104,136 (d) Chemical and physical characteristics testing, including testing to
7determine the leaching potential of the mining wastes and the composition of the
8resulting leachate, using, at a minimum, the method in federal environmental
9protection agency publication EPA 600/2-78-054, except that this testing is not
10required if the applicant demonstrates, based on the analyses in pars. (b) and (c) or
11on past experience, that there is not a probability for significant adverse
12environmental impact or a probability of an adverse impact on public health, safety,
13or welfare.
SB1,104,19 14(4) Site specific information. In addition to performing the mining waste
15characterization and analysis under sub. (3), for the purposes of the mining waste
16site feasibility study and plan of operation, an applicant shall conduct field and
17laboratory investigations to determine physical, chemical, and biological
18characteristics of the proposed mining waste site. The applicant shall do all of the
19following:
SB1,104,2120 (a) Perform field investigations to determine the specific topography, soil types,
21and depth to bedrock and groundwater.
SB1,104,2522 (b) Perform at least one soil boring, to bedrock or refusal, every 80 acres,
23characterizing the major geomorphic features such as ridges and lowlands and
24characterizing each major soil layer according to the unified soil classification
25system.
SB1,105,4
1(c) Prepare a boring log for each soil boring, including soil and rock descriptions,
2method of drilling, method of sampling, sample depths, date of boring, and water
3level measurements and dates, with elevations referring to United States geological
4survey mean sea level datum.
SB1,105,75 (d) Collect soil samples to adequately determine the geology and ensure the
6proper design and monitoring of the mining waste site, including doing all of the
7following:
SB1,105,108 1. Collecting the soil samples at not greater than 5 foot depth intervals, unless
9physical conditions such as soil homogeneity indicate that greater intervals are
10adequate.
SB1,105,1211 2. Collecting the soil samples using generally accepted techniques for sampling
12undisturbed soils, where that is appropriate.
SB1,105,1413 3. Classifying all soil samples according to the unified soil classification
14system.
SB1,105,1715 (e) Perform soil tests as necessary for classification and correlation purposes
16and to develop necessary geotechnical design parameters for the mining waste site,
17without compositing soil samples.
SB1,105,2018 (f) Determine the hydraulic conductivity of the various soil strata, using in situ
19hydraulic conductivity testing procedures as appropriate to confirm values
20determined in the laboratory.
SB1,105,2421 (g) Determine horizontal and vertical groundwater flow patterns in and around
22the proposed mining waste site based on data obtained from groundwater
23monitoring wells and piezometers constructed in conformity with ch. NR 141, Wis.
24Adm. Code.
SB1,106,5
1(h) Conduct a program to establish baseline water quality through monitoring
2groundwater and surface water in the vicinity of the mine and the proposed mining
3waste site on a monthly basis and establishing physical-chemical and biological
4characteristics of the concentrations of substances in the water before mining begins
5at the mining site. The applicant shall do all of the following:
SB1,106,86 1. Select physical-chemical parameters based on transport and
7transformation mechanisms in the environment as well as other factors affecting the
8mobility and toxicity of pollutants.
SB1,106,119 2. Select biological parameters based on the environmental characterizations
10under sub. (5) (g), the degree of impact predicted, and the potentially affected
11organism's sensitivity to contaminants.
SB1,106,1712 3. Establish a final parameter list for groundwater and surface water based on
13preliminary sampling and known information concerning the waters in the vicinity
14of the mine and the mining waste site, consideration of applicable water quality
15standards, and the geology and composition of the ferrous mineral deposit that will
16be mined. At a minimum, in the program under this paragraph the applicant shall
17collect water quality data for all of the following parameters:
SB1,106,1818 a. Specific conductance.
SB1,106,1919 b. Temperature.
SB1,106,2020 c. Hydrogen ion concentration (pH).
SB1,106,2121 d. Dissolved oxygen.
SB1,106,2222 e. The major anions sulfate, chloride, and bicarbonate.
SB1,106,2323 f. The major cations calcium, magnesium, potassium, and sodium.
SB1,106,2524 g. Other total and dissolved metals, including aluminum, iron, and manganese,
25that may be introduced by the mining activities.
SB1,107,3
1h. General chemistry, including total alkalinity, total organic carbon, gross
2alpha, gross beta, ammonia, nitrate, total dissolved solids, total hardness, and total
3suspended solids.
SB1,107,5 4(5) Contents related to waste site feasibility. An applicant shall include all
5of the following in the mining waste site feasibility study and plan of operation:
SB1,107,86 (a) A description of the mining waste site location, proposed acreage, proposed
7mining waste site life and range of disposal capacity, and estimated types and
8quantities of mining wastes to be contained.
SB1,107,129 (b) A description of the mining waste characterization and analysis conducted
10under sub. (3), including a description of the test methods used in evaluating the
11characteristics of the mining waste and the procedures and records for documenting
12the chain of custody of the test samples.
SB1,107,1813 (c) An existing site conditions plan sheet consisting of a topographic survey of
14the area, with elevations tied to United States geological survey mean sea level
15datum, illustrating the property boundaries, proposed boundaries of the mining
16waste site, survey grid and north arrow, buildings, water supply wells, utility lines,
17other man-made features, soil boring locations, observation well locations, and other
18pertinent information.
SB1,107,2119 (d) A series of geologic cross-sections illustrating existing topography; soil
20borings; soil classification; soil properties; interpreted soil stratigraphy; bedrock;
21well and boring locations and constructions; and stabilized water level readings.
SB1,107,2422 (e) A water table map, using the existing site conditions plan under par. (c) as
23a base, that is based on stabilized water level readings and, if seasonal changes in
24groundwater levels are significant, maps those changes.
SB1,108,3
1(f) If more than 2 well nests are constructed, groundwater flow nets to illustrate
2horizontal and vertical flow, which may be illustrated on the geologic cross-sections
3under par. (d), if appropriate.
SB1,108,64 (g) An environmental characterization that describes the structure and
5functional relationships of ecosystems potentially affected by the proposed mining
6waste site.
SB1,108,87 (h) A report on the water quality data collected under the baseline monitoring
8program under sub. (4) (h) to establish baseline water quality.
SB1,108,129 (i) A land use map, using the existing site conditions plan under par. (c) as a
10base, showing plant communities, wildlife habitat, places where rare and
11endangered species have been sighted, archaeological or historic sites, buildings,
12and areas of social importance.
SB1,108,1413 (j) A table showing existing water quality of all potentially affected surface
14waters, indicating important aquatic habitat.
SB1,108,1915 (k) Local climatological data for seasonal precipitation, evaporation, air
16temperature, and wind velocity and direction. The applicant may use an annual
17record on the proposed mining waste site or adequate data to correlate the proposed
18mining waste site conditions to an existing observation station as the basis for this
19data.
SB1,108,2120 (L) A discussion of regional conditions, supplemented with maps or
21cross-sections where appropriate, addressing all of the following:
SB1,108,2222 1. Topography.
SB1,108,2523 2. Hydrology, including surface water drainage patterns and important
24hydrologic features such as navigable waters, springs, drainage divides, and
25wetlands.
SB1,109,2
13. Geology, including the nature and distribution of bedrock and
2unconsolidated deposits.
SB1,109,63 4. Hydrogeology, including depth of groundwater, flow directions, recharge and
4discharge areas, groundwater divides, aquifers, and the identification of the aquifers
5used by all public and private wells within at least 1,200 feet of the proposed mining
6waste site.
SB1,109,77 5. Groundwater and surface water quality and precipitation chemistry.
SB1,109,88 6. Climatology.
SB1,109,99 7. Identification of owners of land adjacent to the proposed mining waste site.
SB1,109,1010 8. Zoning.
SB1,109,1211 9. Existing land uses with particular emphasis on known recreational, historic,
12archaeological, scientific, cultural, or scenic significance.
SB1,109,1313 10. Existing or proposed access roads and weight restrictions on those roads.
SB1,109,1514 11. Identification of aquatic and terrestrial ecosystems such as stream orders
15and classifications.
SB1,109,1816 (m) A discussion of alternative methods of disposing of mining waste materials,
17including an analysis of the practicability of the reuse, sale, recovery, or processing
18of the mining wastes for other purposes.
SB1,109,2319 (n) An analysis of the results of the mining waste characterizations under sub.
20(3), the site specific information under sub. (4) and this subsection, and the regional
21information under par. (L) in relation to the approach for locating the mining waste
22site and developing appropriate design, construction, operation, monitoring, and
23long-term care requirements for each type of mining waste.
SB1,110,3
1(o) A proposed mining waste site design, based on conclusions resulting from
2analysis of the mining waste characterizations under sub. (3) and the site data under
3sub. (4), that includes all of the following:
SB1,110,64 1. A map, using the existing site conditions plan under par. (c) as a base, that
5shows proposed access, lateral extent of filling, and phases of mining waste site
6development.
SB1,110,87 2. A series of cross-sections, using the geologic cross-sections under par. (d) as
8the base, that show existing topography, proposed base grades, and final grades.
SB1,110,109 3. Preliminary earthwork balance calculations, showing amounts of materials
10expected to be moved on the mining waste site prior to the disposal of mining waste.
SB1,110,1111 4. Proposed methods for leachate control.
SB1,110,1312 5. Proposed methods of mining waste site development, phasing, access control,
13and other special design features.
SB1,110,1614 6. Expected material balances showing the quantities of each type of mining
15waste identified in par. (a) showing the amounts generated, disposed of on site, and
16taken off site, including all of the following:
SB1,110,1717 a. The projected conditions existing at the end of a typical year of production.
SB1,110,1818 b. The projected conditions existing at the end of operations.
SB1,110,1919 c. The projected conditions existing at the end of reclamation.
SB1,110,2320 7. A discussion of the reasoning behind the design of the major features of the
21mining waste site, such as traffic routing, base grade and relationships to subsurface
22conditions, anticipated waste types and characteristics, phases of development,
23mining waste site monitoring, and similar design features.
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.
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