SB1,139,13 12(6) Effective date of approvals. A mining permit and any other approval is
13issued upon mailing and is final and effective upon issuance.
SB1,139,18 14(7) Merchantable by-products. In a mining permit, the department shall
15require the operator to treat merchantable by-products as refuse if after 3 years from
16the time the merchantable by-products result from or are displaced by mining the
17material has not been transported off the mining site, unless removal is continuing
18at a rate of more than 12,000 cubic yards per year.
SB1,140,2 19(8) General contractor or affiliate. No operator may engage a general
20contractor or affiliate to operate a mining site if the general contractor or affiliate has
21been convicted of more than one felony for violation of a law for the protection of the
22natural environment arising out of the operation of a mining site in the United States
23within 10 years before the issuance of the operator's mining permit, unless the
24general contractor or affiliate receives the department's approval of a plan to prevent

1the occurrence in this state of events similar to the events that directly resulted in
2the convictions.
SB1,140,6 3295.59 Bonds and other security. (1) Security for reclamation. (a) Upon
4notification that an application for a mining permit has been approved by the
5department but before beginning mining, the operator shall furnish one of the
6following to the department:
SB1,140,97 1. A bond, furnished by a surety company licensed to do business in this state,
8conditioned on faithful performance of all of the requirements of this subchapter and
9all rules adopted by the department under this subchapter.
SB1,140,1010 2. Cash.
SB1,140,1111 3. Certificates of deposit.
SB1,140,1212 4. Government securities.
SB1,140,1413 (b) The department shall pay to the operator interest received on certificates
14of deposit or government securities furnished under par. (a).
SB1,140,2315 (c) The operator shall furnish the security required under par. (a) in the amount
16equal to the estimated cost to the state of fulfilling the reclamation plan, other than
17the cost of long-term care of the mining waste site, in relation to the portion of the
18mining site that will be disturbed by the end of the following year. The department
19shall determine the estimated cost of reclamation of each mining site on the basis of
20relevant factors, including the character and nature of the lands to be reclaimed, the
21future suitable use of the land involved, the topography of the mining site, the
22methods of reclamation being employed, the depth and composition of overburden,
23and the depth of the ferrous mineral deposit being mined.
SB1,141,6 24(2) Certificate of insurance. The operator shall submit a certificate of
25insurance certifying that the applicant has in force a liability insurance policy issued

1by an insurer authorized to do business in this state or, in lieu of a certificate of
2insurance, evidence that the applicant has satisfied state or federal self-insurance
3requirements, covering all mining operations of the operator in this state and
4affording personal injury and property damage protection in a total amount
5determined to be adequate by the department but not more than $1,000,000 and not
6less than $50,000.
SB1,141,12 7(2m) Proof of financial responsibility for long-term care of mining waste
8site.
An operator shall maintain proof of financial responsibility ensuring the
9availability of funds for compliance with the long-term care requirements specified
10in the waste site feasibility study and plan of operation for a period of 40 years after
11closing of the mining waste site. The operator shall furnish the proof of financial
12responsibility to the department in one of the following forms:
SB1,141,1313 (a) A bond.
SB1,141,1414 (b) Cash.
SB1,141,1515 (c) Certificates of deposit.
SB1,141,1616 (d) Government securities.
SB1,141,1717 (e) Insurance.
SB1,141,22 18(3) Written authorization to mine. Upon approval of the operator's bonds or
19other security under subs. (1) and (2m), mining application, and certificate of
20insurance, the department shall issue written authorization to begin mining at the
21permitted mining site in accordance with the approved mining plan, reclamation
22plan, and mining waste site feasibility study and plan of operation.
SB1,142,7 23(4) Reclamation bond for more than one mining site. Any operator who
24obtains mining permits from the department for 2 or more mining sites may elect,
25at the time that the mining permit for the 2nd or any subsequent mining site is

1approved, to post a single bond under sub. (1) in lieu of separate bonds for each
2mining site. An operator who chooses to post a single bond under this subsection
3shall post a bond in an amount equal to the estimated cost to the state determined
4under sub. (1) of reclaiming all mining sites the operator has under mining permits.
5When an operator elects to post a single bond in lieu of separate bonds previously
6posted on individual mining sites, the department may not release the separate
7bonds until the department accepts the new bond.
SB1,142,12 8(5) Review of amounts. If an operator disagrees with the amount of the bonds
9or other security that the department requires under this section, the operator may
10seek review under s. 295.77 (3) of the amount required. The operator may post a bond
11or other security in the amount required by the department and begin mining
12without forfeiting its right to seek review.
SB1,142,13 13295.60 Impacts to wetlands. (1) Definitions. In this section:
SB1,142,1614 (a) "Artificial wetland" means a landscape feature where hydrophytic
15vegetation may be present as a result of human modifications to the landscape or
16hydrology and for which there is no prior wetland or stream history.
SB1,142,1917 (b) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa
18Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842,
197 Stat. 591.
SB1,142,2120 (c) "Federal wetland" means a wetland that is subject to federal jurisdiction
21under 33 USC 1344.
SB1,142,2322 (d) "Fill material" has the meaning given in 33 CFR 323.2 (e), as the meaning
23exists on July 1, 2012.
SB1,142,2524 (e) "Mitigation" means the restoration, enhancement, creation, or preservation
25of wetlands to compensate for adverse impacts to other wetlands.
SB1,143,4
1(f) "Mitigation bank" means a system of accounting for wetland loss and
2compensation that includes one or more sites where wetlands are restored,
3enhanced, created, or preserved to provide credits to be subsequently applied or
4purchased in order to compensate for adverse impacts to other wetlands.
SB1,143,65 (g) "On-site location" means a location that is on a mining site or within
6one-half mile of an outer boundary of a mining site.
SB1,143,107 (h) "Practicable" means reasonably available and capable of being
8implemented after taking into consideration cost, site availability, available
9technology, logistics, and proximity to the proposed project site, in light of the overall
10purpose and scope of the project.
SB1,143,1211 (i) "Water basin" means the Lake Michigan basin, the Lake Superior basin, or
12the Mississippi River basin or other water basin established by the department.
SB1,143,1413 (j) "Water management unit" means a subdivision of a water basin that is
14established on a hydrological basis by the department.
SB1,143,1615 (k) "Water quality standard" means a wetland water quality standard specified
16under sub. (5) or any other water quality standard set by rule under s. 281.15.
SB1,143,1717 (L) "Wetland impact evaluation" means an evaluation of impacts to a wetland.
SB1,144,6 18(2) Wetland determinations and delineations. For purposes of this section,
19wetland determinations and wetland boundary delineations shall be consistent with
20the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and any final
21regional supplement to the manual. Any owner or lessee of land, or a holder of an
22easement in land, may request that the department provide a wetland determination
23or wetland boundary delineation for an application for a wetland individual permit
24under this section or for another approval for which a wetland impact evaluation is
25required. The department may rely on wetland determinations and wetland

1boundary delineations made by other agencies and consultants. If the applicant has
2provided information to the department that is identified in the manual or any final
3regional supplement as being sufficient to make a wetland determination or a
4delineation of boundaries, the department may visit a mining site to conduct surveys
5or gather additional site-specific quantitative data provided that the department
6does not discontinue the processing of the application to do so.
SB1,144,9 7(3) Scope; discharges; other impacts. (a) Scope. Except as otherwise provided
8under this section, this section applies to wetland individual permits and any other
9approvals for which wetland impact evaluations are required.
SB1,144,1910 (b) Discharges of dredged or fill material. No person may discharge dredged
11material or fill material associated with a mining operation or bulk sampling unless
12the discharge is authorized under a wetland individual permit issued under this
13section or under a wetland general permit issued under s. 281.36 (3g). The
14department may not issue a wetland individual permit unless it makes a finding
15under sub. (6) (a) that the discharge will comply with all applicable water quality
16standards. Section 281.36 (3g) and (11), and the rules promulgated under s. 281.36
17(3g) and (11), apply to authorizations to proceed under general permits.
18Notwithstanding s. 281.36 (3g) (h) 2., a person receiving authorization to proceed
19under a wetland general permit may not proceed until a mining permit is issued.
SB1,144,2320 (c) Other impacts. For an approval which requires a wetland impact evaluation
21for an activity other than a discharge of dredged material or fill material, the
22approval may not be issued unless the department determines that the activity will
23comply with all applicable water quality standards.
SB1,145,4 24(4) Review by department. (a) Avoidance or minimization of impacts. When
25applying for a wetland individual permit or for another approval for which a wetland

1impact evaluation is required, an applicant shall include in the application an
2analysis of the practicable alternatives that will avoid and minimize the adverse
3impacts on wetland functional values and that will not result in any other significant
4adverse environmental consequences.
SB1,145,105 (b) Practicable alternatives. The department shall review the analysis of
6practicable alternatives included in the application under par. (a). The department
7shall limit its review to those practicable alternatives that are located at the site of
8the discharge or other activity and that are located adjacent to that site if the
9applicant has demonstrated that the proposed project causing the discharge or other
10activity will result in a demonstrable economic public benefit.
SB1,145,1311 (c) Assessing impacts. In its review under this subsection, the department shall
12consider all of the following factors when it assesses the impacts to wetland
13functional values;
SB1,145,1514 1. The direct impacts of the proposed discharge or other activity to wetland
15functional values.
SB1,145,1916 2. The cumulative impacts attributable to the proposed discharge or other
17activity that may occur to wetland functional values based on past impacts or
18reasonably anticipated impacts caused by similar discharges or activities in the area
19affected by the discharge or activity.
SB1,145,2120 3. Potential secondary impacts of the proposed discharge or other activity to
21wetland functional values.
SB1,145,2322 4. The impact on functional values resulting from the mitigation program
23under sub. (8)
SB1,145,2424 5. The net positive or negative environmental impact of the mining operation.
SB1,146,4
1(d) Assessing impacts; geographical scope. In its review under this subsection,
2the department shall evaluate whether the discharge or other activity will result in
3a significant adverse impact to wetland functional values by doing all of the
4following:
SB1,146,85 1. Comparing the functional values of the wetland with other wetlands located
6within the boundaries of the mining site or within the same water management unit
7as the mining site and with other waters of the state that are located in the same
8water management unit.
SB1,146,109 2. Taking into consideration the floristic province in which the mining site is
10located.
SB1,146,1611 (e) Method for assessing impacts. In issuing a wetland individual permit under
12this section or in conducting a wetland impact evaluation, the department shall
13determine the impact of a proposed discharge or other activity upon the wetland
14functional values by using wetland ecological evaluation methods that are jointly
15accepted by the U.S. Army Corps of Engineers and the department and that are
16appropriate to the affected wetland.
SB1,146,1817 (f) General permits. Paragraphs (a) to (e) do not apply to authorizations to
18proceed under a general permit issued under s. 281.36 (3g).
SB1,146,21 19(5) Wetland water quality standards. The following wetland water quality
20standards apply to any wetland individual permit issued under this section or to any
21wetland impact evaluation:
SB1,147,222 (a) Adverse impacts to the functional values and water quality of wetlands and
23adverse impacts to other waters of the state that are influenced by wetlands shall be
24minimized, and any significant adverse impacts remaining after minimization shall

1be subject to a mitigation program under sub. (8). For purposes of this section,
2functional values consist of all of the following:
SB1,147,43 1. Storm and flood water storage and retention and the moderation of water
4level fluctuation extremes.
SB1,147,75 2. Hydrologic functions including the maintenance of dry season streamflow,
6the discharge of groundwater to a wetland, the recharge of groundwater from a
7wetland to another area, and the flow of groundwater through a wetland.
SB1,147,98 3. Filtration or storage of sediments, nutrients, or toxic substances that would
9otherwise adversely impact the quality of waters of the state.
SB1,147,1110 4. Shoreline protection against erosion through the dissipation of wave energy
11and water velocity and anchoring of sediments.
SB1,147,1512 5. Habitat for aquatic organisms in the food web including fish, crustaceans,
13mollusks, insects, annelids, and planktonic organisms and the plants and animals
14upon which these aquatic organisms feed and depend upon for their needs in all life
15stages.
SB1,147,1816 6. Habitat for resident and transient wildlife species, including mammals,
17birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel
18corridors, and food.
SB1,147,2019 7. Recreational, cultural, educational, scientific, and natural scenic beauty
20values and uses.
SB1,147,2421 (b) All of the following shall be minimized in order to avoid significant adverse
22impacts for the purpose of maintaining or enhancing the wetland functional values
23identified under par. (a), and any minimization of the following must be taken into
24account in the department's evaluation of significant adverse impacts:
SB1,147,2525 1. The use of liquids, fill, or other solids or gases.
SB1,148,1
12. The presence of floating or submerged debris, oil, or other material.
SB1,148,22 3. The use of materials producing color, odor, taste, or unsightliness.
SB1,148,43 4. The presence of concentrations or combinations of substances that are toxic
4or harmful to human, animal, or plant life.
SB1,148,75 5. Adverse effects on hydrological conditions necessary to support the biological
6and physical characteristics that are naturally present in wetlands. For purposes
7of this subdivision, the hydrological conditions include all of the following:
SB1,148,88 a. Water currents and erosion and sedimentation patterns.
SB1,148,99 b. Water temperature variations.
SB1,148,1010 c. The chemical, nutrient, and dissolved oxygen regime of the wetland.
SB1,148,1111 d. The movement of aquatic fauna.
SB1,148,1212 e. The pH of the wetland.
SB1,148,1313 f. Water levels or elevations.
SB1,148,1514 6. Adverse effects on existing habitat and populations of animals and
15vegetation found in wetlands.
SB1,148,19 16(6) Decision by department. (a) The department shall make a finding that a
17a discharge of dredged material or fill material is in compliance with all applicable
18water quality standards and shall issue a wetland individual permit if the
19department determines that all of the following apply:
SB1,148,2220 1. The proposed project of which the discharge is a part represents the least
21environmentally damaging practicable alternative taking into consideration
22practicable alternatives that avoid wetland impacts.
SB1,148,2423 2. All practicable measures to minimize the adverse impacts to wetland
24functional values will be taken.
SB1,149,3
13. The proposed discharge will not result in significant adverse impact to
2wetland functional values, subject to par. (b); in significant adverse impact to water
3quality; or in other significant adverse environmental consequences.
SB1,149,84 (b) Notwithstanding par. (a) 3., if significant adverse impacts to wetland
5functional values will remain after the adverse impacts have been avoided and
6minimized to the extent practicable, the department shall issue the permit if the
7department determines that the remaining impacts will be compensated for under
8a mitigation program under sub. (8).
SB1,149,129 (c) The department may not deny an approval for an activity for which a
10wetland impact evaluation is required, other than a discharge of dredged material
11or fill material, on the basis of the impacts from the activity on wetlands if the
12department determines that all of the following apply:
SB1,149,1513 1. The proposed project of which the activity is a part represents the least
14environmentally damaging practicable alternative taking into consideration
15practicable alternatives that avoid wetland impacts.
SB1,149,1716 2. All practicable measures to minimize the adverse impacts to wetland
17functional values will be taken.
SB1,149,2018 3. The proposed activity will not result in significant adverse impact to wetland
19functional values, subject to par. (d); in significant adverse impact to water quality;
20or in other significant adverse environmental consequences.
SB1,150,221 (d) Notwithstanding par. (c) 3., if significant adverse impacts to wetland
22functional values will remain after the adverse impacts have been avoided and
23minimized to the extent practicable, the department may not deny the permit on the
24basis of the impacts from the activity on wetlands if the department determines that

1the remaining impacts will be compensated for under a mitigation program under
2sub. (8).
SB1,150,43 (e) Paragraphs (a) to (d) do not apply to authorizations to proceed under a
4general permit issued under s. 281.36 (3g).
SB1,150,25 5(7) Federal wetlands. (a) For a wetland individual permit under this section
6which involves a federal wetland, any mitigation program submitted by the
7applicant under sub. (8) shall include all the federal mitigation measures proposed
8by the applicant. The department shall review the federal mitigation measures and
9shall determine whether it has reasonable assurance that these will compensate for
10any significant adverse impacts to wetland functional values, any significant
11adverse impacts to water quality, and any other significant adverse environmental
12consequences. The department shall recognize all federal compensatory mitigation
13measures as being eligible for the purpose of making this determination. If the
14department determines that reasonable assurance exists, the department may not
15impose any additional conditions on the permit. If the department determines that
16reasonable assurance does not exist, it may impose conditions on the permit that are
17in addition to required federal compensatory mitigation measures, but such
18conditions shall be limited to those that are necessary to compensate for any
19significant adverse impacts to wetland functional values, any significant adverse
20impacts to water quality, and any other significant adverse environmental
21consequences that will remain after completion of the federal mitigation measures.
22Any conditions imposed by the department may be satisfied through a mitigation
23program as provided in sub. (8). In imposing any conditions under this paragraph,
24the department may not require that the number of acres to be mitigated be greater
25that the number that is required under federal law.
SB1,151,6
1(b) A wetland individual permit issued under this section that authorizes a
2discharge of dredged or fill material in a federal wetland constitutes water quality
3certification as required by 33 USC 1341 (a). Any other approval issued by the
4department for which a wetland impact evaluation is required for a federal wetland
5constitutes water quality certification under 33 USC 1341 (a) with respect to the
6discharges or activities affecting the federal wetland.
SB1,151,13 7(8) Mitigation program. (a) Contents. A mitigation program to compensate
8for adverse impacts to functional values of wetlands shall contain proposed projects
9for mitigation and a schedule for implementing the projects. The department may
10not consider mitigation in determining whether to grant authorization to proceed
11under a general permit under s. 281.36 (3g). These projects may be performed by a
12person other than the applicant, subject to the department's approval of the projects
13and schedule.
SB1,151,1814 (b) Option of applicant. An applicant submitting a program under par. (a) may
15submit options for mitigation. These options may include any combination of the
16types of mitigation specified in par. (d). In preparing the program, the applicant shall
17identify and consider mitigation that could be conducted within the same watershed
18in which the mining site is located.
SB1,151,2219 (c) Ratios for mitigation. The amount of mitigation required may not exceed
201.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of
21credits in a mitigation bank, each acre that is subject to mitigation shall count as at
22least one credit.
SB1,152,323 (d) Sequence; types of mitigation. If it is not practicable or ecologically
24preferable to conduct mitigation at an on-site location or if there is no on-site
25location that will provide sufficient wetland acreage, the department shall allow the

1applicant to conduct mitigation at a site other than an on-site location, subject to par.
2(e). Mitigation under a program under par. (a) may be accomplished through any of
3the following types:
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