Amendment ASA1-AB426

AB426-ASA1,124,16 1. The navigable water activity will not significantly impair public rights and interests in a navigable water.

AB426-ASA1,124,18 2. The navigable water activity will not significantly reduce the effective flood flow capacity of a stream.

AB426-ASA1,124,20 3. The navigable water activity will not significantly affect the rights of riparian owners or the applicant obtains the consent of the riparian owners.

AB426-ASA1,124,21 4. The navigable water activity will not significantly degrade water quality.

AB426-ASA1,124,25 (b) Measures. The person applying for the permit or contract shall submit a plan to the department containing proposed measures to meet the requirements under par. (a) and a proposed schedule for implementing the measures. The plan shall include one or more of the following measures:

AB426-ASA1,125,3 1. Measures to offset significant impacts to navigable waters by providing public access to, restoring, or enlarging up to 1.5 acres of navigable waters in exchange for each acre of navigable waters that is significantly impacted.

AB426-ASA1,125,4 2. Measures to improve public rights or interests in navigable waters.

AB426-ASA1,125,5 3. Measures to offset significant impacts to water quality or quantity.

AB426-ASA1,125,6 4. Measures to enhance flood storage.

AB426-ASA1,125,7 5. Compensation or mitigation as provided under s. 295.60.

AB426-ASA1,125,8 6. Conservation measures as provided in s. 295.61.

AB426-ASA1,125,15 (bn) Plan review; finding. In reviewing the plan, the department may require that measures that are in addition to, or in conjunction with, one or more of the measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan and application, if the department finds that the requirements under par. (a) will be met by implementing some or all of the measures contained in the plan, the department shall determine which measures shall be required, shall approve a schedule for implementation, and shall issue the permit or enter into the contract.

AB426-ASA1,125,21 (c) Applicability of requirements. The requirements that are specified in par. (a) 1. to 4. are in lieu of any requirements required for permits under ss. 30.12 (3m) (c), 30.123 (8) (c), 30.19 (4) (c), and 30.195 (2) (c) and are in lieu of any requirements for contracts under s. 30.20 that relate to the state's or public's interests and shall be used, in conjunction with the measures required under par. (b), in any evaluation by the department pursuant to 33 USC 1341.

AB426-ASA1,125,24 (5) Permit conditions. The department may impose conditions in a permit for a navigable water activity that it determines to be necessary to ensure that the navigable water activities subject to the permit meet the requirements under par. (a).

AB426-ASA1,126,3 (6) Relationship to other laws. (a) Chapter 30 and any rules promulgated under that chapter apply to any navigable water activity subject to this section to the extent that they do not conflict with this section, except as provided in par. (b).

AB426-ASA1,126,6 (b) Sections 30.208, 30.209, and 30.2095 and any rules promulgated under those sections, do not apply to any navigable water activity that is subject to this section.

AB426-ASA1,126,7 295.607 Shoreland and floodplain zoning. (a) In this section:

AB426-ASA1,126,9 1. "Development or construction activity" means a waste site, structure, building, fill, or other development or construction activity.

AB426-ASA1,126,12 2. "Shoreland or floodplain zoning ordinance" means a shoreland or floodplain zoning ordinance or regulation adopted under s. 59.692, 61.351, 62.231, 87.30, or 281.31.

AB426-ASA1,126,17 (b) The department may not prohibit a development or construction activity to be located in an area that would otherwise be prohibited under a shoreland or floodplain zoning ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58.

AB426-ASA1,126,23 (c) A development or construction activity located in an area that would otherwise be prohibited under a shoreland or floodplain zoning ordinance does not violate the applicable ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58. No shoreland or floodplain zoning variance is required for a development or construction activity located as provided under this paragraph.

AB426-ASA1,126,25 295.61 Withdrawals of surface waters and groundwater. (1) Definitions. In this section:

AB426-ASA1,127,2 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1) (b).

AB426-ASA1,127,4 (b) "Environmentally sound and economically feasible water conservation measures" has the meaning given in s. 281.346 (1) (i).

AB426-ASA1,127,5 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).

AB426-ASA1,127,6 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).

AB426-ASA1,127,7 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).

AB426-ASA1,127,8 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).

AB426-ASA1,127,9 (g) Unless the context otherwise requires, "use" includes dewatering.

AB426-ASA1,127,10 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).

AB426-ASA1,127,11 (i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).

AB426-ASA1,127,18 (2) Permit required. No person may engage in any withdrawal or use of surface water as part of a mining operation or bulk sampling unless the person has been issued a water withdrawal permit under this section. No person may engage in any withdrawal or use of groundwater as part of a mining operation or bulk sampling if the capacity and rate of withdrawal of all wells involved in the withdrawal of groundwater or the dewatering of mines exceeds 100,000 gallons each day unless the person has been issued a water withdrawal permit under this section.

AB426-ASA1,127,23 (3) Permit application. (a) Application. Any person applying for a water withdrawal permit is required to submit only one application. A person applying for such a permit need not be a riparian owner. An application for a water withdrawal permit shall include any information requested by the department under s. 295.45 (3).

AB426-ASA1,128,9 (b) Siting analysis. If withdrawal of water at a mining operation or for bulk sampling will involve one or more high capacity wells, the department shall require an applicant for a water withdrawal permit to submit a siting analysis for the purpose of determining the location of the high capacity wells. The analysis shall include alternate proposed locations for each high capacity well. In evaluating a submitted analysis, the department shall recognize there is a need for mining waste sites, processing facilities, including wastewater and sludge storage or treatment lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall allow any high capacity well to be located so that need will be met. The department shall approve the location of each high capacity well as part of the permit issued under sub. (4).

AB426-ASA1,128,15 (c) Entry to land. After an application for a water withdrawal permit has been submitted under this section, the applicant may enter any land from which the applicant proposes to withdraw water or use water for the purpose of making any surveys required for the mining operation or bulk sampling, but no work may be commenced necessary for the mining operation or the bulk sampling until the department issues the permit under this section.

AB426-ASA1,128,19 (4) Permit issuance. (a) General requirements. The department shall issue a water withdrawal permit if, after considering the factors under par. (d), it determines that the withdrawal or use of the surface water or groundwater meets all of the following requirements:

AB426-ASA1,128,22 1. The proposed withdrawal and uses of the water are substantially consistent with the protection of public health, safety, and welfare and will not be significantly detrimental to the public interest.

AB426-ASA1,128,25 2. The proposed withdrawal and uses of the water will not have a significant adverse impact on the environment and ecosystem of the Great Lakes basin or the Upper Mississippi River basin.

AB426-ASA1,129,2 3. The proposed withdrawal and use of the water will not be significantly detrimental to the quantity and quality of the waters of the state.

AB426-ASA1,129,5 4. The proposed withdrawal and use of the water will not significantly impair the rights of riparian owners or the applicant obtains the consent of the riparian owners.

AB426-ASA1,129,7 5. The proposed withdrawal and use of the water will not result in significant injury to public rights in navigable waters.

AB426-ASA1,129,9 6. If the withdrawal or the use of the water will result in an interbasin diversion, the requirements of s. 281.35 (5) (d) 7. are met.

AB426-ASA1,129,11 7. The proposed withdrawal or use of the water will comply with any requirements imposed by the department under par. (cm).

AB426-ASA1,129,15 (b) Conservation measures. The person applying for the permit shall submit a plan to the department containing proposed conservation measures to meet the requirements under par. (a) and a proposed schedule for implementing the measures. The plan shall include one or more of the following measures:

AB426-ASA1,129,17 1. Environmentally sound and economically feasible water conservation measures.

AB426-ASA1,129,20 2. Restoration of hydrologic conditions and functions of the source watershed, or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration of the hydrologic conditions and functions of that stream.

AB426-ASA1,129,21 3. Protection of important upland groundwater recharge areas.

AB426-ASA1,129,22 4. Stabilization of shorelands.

AB426-ASA1,129,24 5. Restoration or enhancement of the natural beneficial uses and values of a stream or river.

AB426-ASA1,130,2 6. Implementation of any feasible methods to offset impacts to water quality or quantity.

AB426-ASA1,130,4 7. Supplementation of additional water to water bodies to offset lower water levels.

AB426-ASA1,130,6 8. Taking steps to improve public rights or interests in navigable waters, if navigable waters are subject to the permit.

AB426-ASA1,130,7 9. Mitigation or compensation as provided in s. 295.60.

AB426-ASA1,130,10 10. Measures to offset significant impacts to navigable waters by providing public access to, restoring, or enlarging up to 1.5 acres of navigable waters in exchange for each acre of natural navigable waters that is significantly impacted.

AB426-ASA1,130,11 11. A riparian restoration project, as defined in s. 295.60 (1) (n).

AB426-ASA1,130,12 12. Measures as provided in s. 295.605.

AB426-ASA1,130,20 (bn) Plan review; finding. In reviewing the plan, the department may require that conservation measures that are in addition to, or in conjunction with, one or more of the conservation measures specified in par. (b) 1. to 12. be included in the plan. After reviewing the plan and application, if the department finds that the requirements under par. (a) will be met by implementing some or all of the conservation measures contained in the plan, the department shall determine which measures shall be required, shall approve a schedule for implementation, and shall issue the permit.

AB426-ASA1,131,2 (cm) Impacts to water supplies. If the department determines that a proposed withdrawal or use of water will result in a significant impact to a public or private water supply, the department shall require the applicant to offset that impact in a manner approved by the department, which may include a requirement that the applicant provide a replacement water supply of similar quality or provide an increased amount of water to the water supply.

AB426-ASA1,131,9 (d) Public benefits. As part of its determination under par. (a), the department shall consider whether the public benefits resulting from the mining operation or bulk sampling exceed any injury to public rights and interests in a body of water that is affected by the mining operation or bulk sampling. The department shall recognize that the withdrawal and use of the waters of the state in connection with mining is in the public's interest and welfare and fulfills a public purpose and shall consider all of the following factors:

AB426-ASA1,131,11 1. Public benefits that may be provided by increased employment, economic activity, and tax revenues from the mining operation.

AB426-ASA1,131,13 2. The direct and indirect social benefits and costs that will result from the proposed mining operation.

AB426-ASA1,131,15 3. The rights of riparian owners or other competing users to the water that will be subject to the permit.

AB426-ASA1,131,17 4. The extent to which any impacts from mining or bulk sampling will be temporary.

AB426-ASA1,131,19 (e) Use of nonriparian waters. Water withdrawn in accordance with a water withdrawal permit may be used on nonriparian property.

AB426-ASA1,131,25 (f) Limits on permit denials. If the department determines that one of the water withdrawal activities subject to an application for a water withdrawal permit does not meet the requirements for issuing the permit under par. (a) and will not be authorized under the permit, the failure to authorize the activity may not affect the department's determination as to whether to approve or deny the permit for other water withdrawal activities that are subject to the application.

AB426-ASA1,132,4 (5) Permit conditions. The department may impose reasonable conditions in a water withdrawal permit that do not interfere with the mining operation or bulk sampling or limit the amount of water needed for the mining operation or bulk sampling and that relate to any of the following:

AB426-ASA1,132,5 (a) The location of the withdrawal or use.

AB426-ASA1,132,6 (b) The authorized base level of water loss from the withdrawal or use.

AB426-ASA1,132,8 (c) The dates on which or seasons during which withdrawal or use of the water may occur.

AB426-ASA1,132,9 (d) The purposes for the withdrawal or use of the water.

AB426-ASA1,132,11 (e) The amount and quality of return flow required and the place of the discharge.

AB426-ASA1,132,13 (f) The requirements for reporting volumes and rates of withdrawal and any other data specified by the department.

AB426-ASA1,132,16 (g) Any other conditions that the department determines are necessary to protect the environment and the public health, safety, and welfare and to ensure the conservation and proper management of the waters of the state.

AB426-ASA1,132,18 (6) Permit modifications. (a) 1. An operator to whom a permit has been issued under this section may request a modification of any condition in the permit.

AB426-ASA1,132,23 2. If the request for a modification under subd. 1. does not result in an increase in an existing withdrawal resulting in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the operator's authorized base level of water loss, within 30 days of receiving the request the department shall approve the request and amend the permit to incorporate the modification.

AB426-ASA1,133,10 3. a. If the request for a modification under subd. 1. results in an increase in an existing withdrawal resulting in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the operator's authorized base level of water loss, the department shall determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an environmental assessment or environmental impact statement and, if so, shall prepare an environmental assessment or an environmental impact statement. If the department determines that, under ch. NR 150, Wis. Adm. Code, the operator must prepare an environmental impact report, the department may only request information in the environmental impact report that relates to decisions that the department makes under this section related to the permit and the department shall limit its analysis to an evaluation of the request for the modification.

AB426-ASA1,133,20 b. The department shall publish a class 1 notice, under ch. 985, of the availability of information about a request to which this subdivision applies, its proposed decision on the request, the opportunity to comment within 30 days after the notice is published, and the opportunity to request a public informational hearing. The department shall also provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification involves a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

AB426-ASA1,133,23 c. Within 180 days of receiving a request to which this subdivision applies, the department shall approve or deny as provided in sub. (4) the request and, if it approves the request, shall amend the permit to incorporate the modification.

AB426-ASA1,134,8 (b) 1. The department may propose modifications to any of the conditions in the water withdrawal permit. If it proposes a modification, the department shall determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an environmental assessment or environmental impact statement and, if so, shall prepare an environmental assessment or an environmental impact statement. If the department determines that, under ch. NR 150, Wis. Adm. Code, the operator must prepare an environmental impact report, the department may only request information in the environmental impact report that relates to decisions that the department makes under this section related to the permit and the department shall limit its analysis to an evaluation of the proposed modification.

AB426-ASA1,134,18 2. The department shall publish a class 1 notice, under ch. 985, of the availability of information about a proposed modification under this paragraph, the opportunity to comment within 30 days after the notice is published, and the opportunity to request a public informational hearing. The department shall also provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the modification involves a structure through which water transferred from the Great Lakes basin would be returned to the source watershed through a stream tributary to one of the Great Lakes, the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.

AB426-ASA1,134,20 3. The department may not impose the modification until after the end of the public comment period under subd. 2.

AB426-ASA1,134,24 4. Any modified condition under this paragraph may not interfere with the mining operation or limit the amount of water needed for the mining operation if the holder of the water withdrawal permit is implementing any conservation measures that are applicable under the permit.

AB426-ASA1,135,2 (7) Relationship to other laws. None of the following apply to water withdrawal or use that is associated with mining operations or bulk sampling:

AB426-ASA1,135,4 (a) Sections 30.18, 281.34, and 281.35 and any rules promulgated under those sections, except as specifically provided in this section.

AB426-ASA1,135,7 (b) Any provision of ch. NR 812, Wis. Adm. Code, that conflicts with this section, except that s. NR 812.08, Wis. Adm. Code, does not apply to water withdrawal or use that is associated with mining operations or bulk sampling.

AB426-ASA1,135,10 295.62 Mining waste site construction and completion reports. (1) An operator shall construct a mining waste site substantially in accordance with the approved mining waste site feasibility study and plan of operation.

AB426-ASA1,135,20 (2) The operator shall inspect the mining waste site before it is used and ensure that all associated structures are in substantial compliance with the mining waste site feasibility study and plan of operation. The operator shall have a professional engineer, registered as such under ch. 443, document mining waste site construction and render an opinion as to whether the mining waste site has been constructed in substantial conformance with the mining waste site feasibility study and plan of operation. The engineer may use aerial or ground photographs to document the inspection, but photographs do not in themselves constitute compliance with this subsection. The operator shall maintain a complete file describing the items inspected and their condition.

AB426-ASA1,135,23 (3) An operator shall notify the department in writing when the mining waste site has been constructed in substantial compliance with the mining waste site feasibility study and plan of operation.

AB426-ASA1,136,10 (4) (a) Within 5 business days of receipt of written notice from an operator that the mining waste site has been constructed in substantial compliance with the mining waste site feasibility study and plan of operation, the department shall either review and inspect the mining waste site to ensure that it was constructed according to the approved mining waste site feasibility study and plan of operation or notify the operator that the department will not conduct a review and inspection before disposal of mining waste in the mining waste site. Within 3 business days of any review and inspection, the department shall notify the operator that the mining waste site may be used for the disposal of mining waste or identify all steps that must be completed to bring the mining waste site into substantial compliance with the mining waste site plan of operation. After the operator completes the steps, the operator shall notify the department that the steps have been completed.