AB426-ASA1,128,19
16(4) Permit issuance. (a)
General requirements. The department shall issue
17a water withdrawal permit if, after considering the factors under par. (d), it
18determines that the withdrawal or use of the surface water or groundwater meets
19all of the following requirements:
AB426-ASA1,128,2220
1. The proposed withdrawal and uses of the water are substantially consistent
21with the protection of public health, safety, and welfare and will not be significantly
22detrimental to the public interest.
AB426-ASA1,128,2523
2. The proposed withdrawal and uses of the water will not have a significant
24adverse impact on the environment and ecosystem of the Great Lakes basin or the
25Upper Mississippi River basin.
AB426-ASA1,129,2
13. The proposed withdrawal and use of the water will not be significantly
2detrimental to the quantity and quality of the waters of the state.
AB426-ASA1,129,53
4. The proposed withdrawal and use of the water will not significantly impair
4the rights of riparian owners or the applicant obtains the consent of the riparian
5owners.
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5. The proposed withdrawal and use of the water will not result in significant
7injury to public rights in navigable waters.
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6. If the withdrawal or the use of the water will result in an interbasin
9diversion, the requirements of s. 281.35 (5) (d) 7. are met.
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7. The proposed withdrawal or use of the water will comply with any
11requirements imposed by the department under par. (cm).
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(b)
Conservation measures. The person applying for the permit shall submit
13a plan to the department containing proposed conservation measures to meet the
14requirements under par. (a) and a proposed schedule for implementing the
15measures. The plan shall include one or more of the following measures:
AB426-ASA1,129,1716
1. Environmentally sound and economically feasible water conservation
17measures.
AB426-ASA1,129,2018
2. Restoration of hydrologic conditions and functions of the source watershed,
19or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration
20of the hydrologic conditions and functions of that stream.
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3. Protection of important upland groundwater recharge areas.
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4. Stabilization of shorelands.
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5. Restoration or enhancement of the natural beneficial uses and values of a
24stream or river.
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16. Implementation of any feasible methods to offset impacts to water quality
2or quantity.
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7. Supplementation of additional water to water bodies to offset lower water
4levels.
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8. Taking steps to improve public rights or interests in navigable waters, if
6navigable waters are subject to the permit.
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9. Mitigation or compensation as provided in s. 295.60.
AB426-ASA1,130,108
10. Measures to offset significant impacts to navigable waters by providing
9public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
10exchange for each acre of natural navigable waters that is significantly impacted.
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11. A riparian restoration project, as defined in s. 295.60 (1) (n).
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12. Measures as provided in s. 295.605.
AB426-ASA1,130,2013
(bn)
Plan review; finding. In reviewing the plan, the department may require
14that conservation measures that are in addition to, or in conjunction with, one or
15more of the conservation measures specified in par. (b) 1. to 12. be included in the
16plan. After reviewing the plan and application, if the department finds that the
17requirements under par. (a) will be met by implementing some or all of the
18conservation measures contained in the plan, the department shall determine which
19measures shall be required, shall approve a schedule for implementation, and shall
20issue the permit.
AB426-ASA1,131,221
(cm)
Impacts to water supplies. If the department determines that a proposed
22withdrawal or use of water will result in a significant impact to a public or private
23water supply, the department shall require the applicant to offset that impact in a
24manner approved by the department, which may include a requirement that the
1applicant provide a replacement water supply of similar quality or provide an
2increased amount of water to the water supply.
AB426-ASA1,131,93
(d)
Public benefits. As part of its determination under par. (a), the department
4shall consider whether the public benefits resulting from the mining operation or
5bulk sampling exceed any injury to public rights and interests in a body of water that
6is affected by the mining operation or bulk sampling. The department shall
7recognize that the withdrawal and use of the waters of the state in connection with
8mining is in the public's interest and welfare and fulfills a public purpose and shall
9consider all of the following factors:
AB426-ASA1,131,1110
1. Public benefits that may be provided by increased employment, economic
11activity, and tax revenues from the mining operation.
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2. The direct and indirect social benefits and costs that will result from the
13proposed mining operation.
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3. The rights of riparian owners or other competing users to the water that will
15be subject to the permit.
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4. The extent to which any impacts from mining or bulk sampling will be
17temporary.
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(e)
Use of nonriparian waters. Water withdrawn in accordance with a water
19withdrawal permit may be used on nonriparian property.
AB426-ASA1,131,2520
(f)
Limits on permit denials. If the department determines that one of the water
21withdrawal activities subject to an application for a water withdrawal permit does
22not meet the requirements for issuing the permit under par. (a) and will not be
23authorized under the permit, the failure to authorize the activity may not affect the
24department's determination as to whether to approve or deny the permit for other
25water withdrawal activities that are subject to the application.
AB426-ASA1,132,4
1(5) Permit conditions. The department may impose reasonable conditions in
2a water withdrawal permit that do not interfere with the mining operation or bulk
3sampling or limit the amount of water needed for the mining operation or bulk
4sampling and that relate to any of the following:
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(a) The location of the withdrawal or use.
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(b) The authorized base level of water loss from the withdrawal or use.
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(c) The dates on which or seasons during which withdrawal or use of the water
8may occur.
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(d) The purposes for the withdrawal or use of the water.
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(e) The amount and quality of return flow required and the place of the
11discharge.
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(f) The requirements for reporting volumes and rates of withdrawal and any
13other data specified by the department.
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(g) Any other conditions that the department determines are necessary to
15protect the environment and the public health, safety, and welfare and to ensure the
16conservation and proper management of the waters of the state.
AB426-ASA1,132,18
17(6) Permit modifications. (a) 1. An operator to whom a permit has been issued
18under this section may request a modification of any condition in the permit.
AB426-ASA1,132,2319
2. If the request for a modification under subd. 1. does not result in an increase
20in an existing withdrawal resulting in a water loss averaging more than 2,000,000
21gallons per day in any 30-day period above the operator's authorized base level of
22water loss, within 30 days of receiving the request the department shall approve the
23request and amend the permit to incorporate the modification.
AB426-ASA1,133,1024
3. a. If the request for a modification under subd. 1. results in an increase in
25an existing withdrawal resulting in a water loss averaging more than 2,000,000
1gallons per day in any 30-day period above the operator's authorized base level of
2water loss, the department shall determine whether it is required, under ch. NR 150,
3Wis. Adm. Code, to prepare an environmental assessment or environmental impact
4statement and, if so, shall prepare an environmental assessment or an
5environmental impact statement. If the department determines that, under ch. NR
6150, Wis. Adm. Code, the operator must prepare an environmental impact report, the
7department may only request information in the environmental impact report that
8relates to decisions that the department makes under this section related to the
9permit and the department shall limit its analysis to an evaluation of the request for
10the modification.
AB426-ASA1,133,2011
b. The department shall publish a class 1 notice, under ch. 985, of the
12availability of information about a request to which this subdivision applies, its
13proposed decision on the request, the opportunity to comment within 30 days after
14the notice is published, and the opportunity to request a public informational
15hearing. The department shall also provide the notice to the applicant, the persons
16specified in s. 30.18 (4) (a), and if the modification involves a structure through which
17water transferred from the Great Lakes basin would be returned to the source
18watershed through a stream tributary to one of the Great Lakes, the governing body
19of each city, village, and town through which the stream flows or that is adjacent to
20the stream downstream from the point at which the water would enter the stream.
AB426-ASA1,133,2321
c. Within 180 days of receiving a request to which this subdivision applies, the
22department shall approve or deny as provided in sub. (4) the request and, if it
23approves the request, shall amend the permit to incorporate the modification.
AB426-ASA1,134,824
(b) 1. The department may propose modifications to any of the conditions in the
25water withdrawal permit. If it proposes a modification, the department shall
1determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an
2environmental assessment or environmental impact statement and, if so, shall
3prepare an environmental assessment or an environmental impact statement. If the
4department determines that, under ch. NR 150, Wis. Adm. Code, the operator must
5prepare an environmental impact report, the department may only request
6information in the environmental impact report that relates to decisions that the
7department makes under this section related to the permit and the department shall
8limit its analysis to an evaluation of the proposed modification.
AB426-ASA1,134,189
2. The department shall publish a class 1 notice, under ch. 985, of the
10availability of information about a proposed modification under this paragraph, the
11opportunity to comment within 30 days after the notice is published, and the
12opportunity to request a public informational hearing. The department shall also
13provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the
14modification involves a structure through which water transferred from the Great
15Lakes basin would be returned to the source watershed through a stream tributary
16to one of the Great Lakes, the governing body of each city, village, and town through
17which the stream flows or that is adjacent to the stream downstream from the point
18at which the water would enter the stream.
AB426-ASA1,134,2019
3. The department may not impose the modification until after the end of the
20public comment period under subd. 2.
AB426-ASA1,134,2421
4. Any modified condition under this paragraph may not interfere with the
22mining operation or limit the amount of water needed for the mining operation if the
23holder of the water withdrawal permit is implementing any conservation measures
24that are applicable under the permit.
AB426-ASA1,135,2
1(7) Relationship to other laws. None of the following apply to water
2withdrawal or use that is associated with mining operations or bulk sampling:
AB426-ASA1,135,43
(a) Sections 30.18, 281.34, and 281.35 and any rules promulgated under those
4sections, except as specifically provided in this section.
AB426-ASA1,135,75
(b) Any provision of ch. NR 812, Wis. Adm. Code, that conflicts with this section,
6except that s. NR 812.08, Wis. Adm. Code, does not apply to water withdrawal or use
7that is associated with mining operations or bulk sampling.
AB426-ASA1,135,10
8295.62 Mining waste site construction and completion reports. (1) An
9operator shall construct a mining waste site substantially in accordance with the
10approved mining waste site feasibility study and plan of operation.
AB426-ASA1,135,20
11(2) The operator shall inspect the mining waste site before it is used and ensure
12that all associated structures are in substantial compliance with the mining waste
13site feasibility study and plan of operation. The operator shall have a professional
14engineer, registered as such under ch. 443, document mining waste site construction
15and render an opinion as to whether the mining waste site has been constructed in
16substantial conformance with the mining waste site feasibility study and plan of
17operation. The engineer may use aerial or ground photographs to document the
18inspection, but photographs do not in themselves constitute compliance with this
19subsection. The operator shall maintain a complete file describing the items
20inspected and their condition.
AB426-ASA1,135,23
21(3) An operator shall notify the department in writing when the mining waste
22site has been constructed in substantial compliance with the mining waste site
23feasibility study and plan of operation.
AB426-ASA1,136,10
24(4) (a) Within 5 business days of receipt of written notice from an operator that
25the mining waste site has been constructed in substantial compliance with the
1mining waste site feasibility study and plan of operation, the department shall either
2review and inspect the mining waste site to ensure that it was constructed according
3to the approved mining waste site feasibility study and plan of operation or notify the
4operator that the department will not conduct a review and inspection before
5disposal of mining waste in the mining waste site. Within 3 business days of any
6review and inspection, the department shall notify the operator that the mining
7waste site may be used for the disposal of mining waste or identify all steps that must
8be completed to bring the mining waste site into substantial compliance with the
9mining waste site plan of operation. After the operator completes the steps, the
10operator shall notify the department that the steps have been completed.
AB426-ASA1,136,1211
(b) An operator may dispose of mining waste in a mining waste site after one
12of the following occurs:
AB426-ASA1,136,1513
1. The operator receives notice from the department under par. (a) that the
14department will not conduct a review and inspection before disposal of mining waste
15in the mining waste site.
AB426-ASA1,136,1716
2. The operator receives notice from the department under par. (a) that the
17mining waste site may be used for the disposal of mining waste.
AB426-ASA1,136,1918
3. The operator provides notice to the department under par. (a) that any steps
19required by the department to be completed under par. (a) have been completed.
AB426-ASA1,137,4
20295.63 Modifications; reporting. (1) (a) An operator at any time may
21request a change to a mining permit, the mining plan, the reclamation plan, or the
22mining waste site feasibility study and plan of operation for any mining site that the
23operator owns or leases, or request cancellation of the mining permit for any or all
24of the unmined part of a mining site. The operator shall submit an application for
25the change or cancellation in the form of a letter giving notice to the department of
1the proposed change or cancellation and shall identify in the letter the tract of land
2to be affected by a change in the mining plan, reclamation plan, or mining waste site
3feasibility study and plan of operation or to be removed from the permitted mining
4site.
AB426-ASA1,137,105
(b) The department shall grant a request under par. (a) unless it determines
6that the requested change makes it impossible for the permit holder to substantially
7comply with the approved mining plan, reclamation plan, or mining waste site
8feasibility study and plan of operation. If the department determines that the
9requested change would make substantial compliance impossible, it shall follow the
10procedure in sub. (3).
AB426-ASA1,137,1911
(c) If the request under par. (a) is to cancel any or all of the unmined part of a
12mining site, the department shall ascertain, by inspection, if mining has occurred on
13the land. If the department finds that no mining has occurred, the department shall
14order release of the bond or other security posted for the land being removed from
15the permitted mining site and cancel or amend the operator's written authorization
16to conduct mining on the mining site. The department may not approve the removal
17of land where mining has occurred from a permitted mining site, or release that land
18from the bond or other security under this subsection, unless the operator has
19completed reclamation to the satisfaction of the department.
AB426-ASA1,138,3
20(2) The operator shall furnish the department with a report for each mining
21site within 30 days after the end of every 12-month period after issuance of the
22permit, within 30 days after completion of all mining at the mining site, and within
2330 days after completion of the mining plan and of the reclamation plan, describing
24any reclamation work accomplished, or experimental reclamation work performed,
25during the preceding year. The operator shall include in the reports an annual plan
1map, color-coded and with a legend, showing all of the following, as of December 31
2of the previous year, or as near to December 31 of the previous year as mining
3operations permit:
AB426-ASA1,138,44
(a) Location and boundary of the mining area.
AB426-ASA1,138,55
(b) Any mine mill.
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(c) Any open pit.
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(d) Stockpiles of overburden.
AB426-ASA1,138,88
(e) Stockpiles of waste rock.
AB426-ASA1,138,99
(f) Ferrous ore stockpiles.
AB426-ASA1,138,1010
(g) Streams, lakes, and reservoirs.
AB426-ASA1,138,1111
(h) Tailings basins.
AB426-ASA1,138,1513
(j) Sequential numbers or letters or other method, as approved by the
14department, permanently assigned to portions of the mining site that have been
15abandoned before abandonment of the entire mining operation.
AB426-ASA1,138,1716
(k) Changes in the surface area disturbed by mining during the preceding year,
17indicated by vertical crosshatching or other method approved by the department.
AB426-ASA1,138,2018
(L) Anticipated changes in the surface area disturbed by mining during the
19current year, indicated by horizontal crosshatching or other method approved by the
20department.
AB426-ASA1,138,2121
(m) Elevations of stockpiles and tailings basins.
AB426-ASA1,138,2422
(n) Drainage on and away from the surface area disturbed by mining, showing
23directional flow of water in drainage ways, natural watercourses, and streams,
24intermittent and flowing, including discharge from the mining.
AB426-ASA1,139,2
1(o) The name of the geologist, engineer, or surveyor responsible for the
2preparation of the map.
AB426-ASA1,139,33
(p) The date the map was prepared.
AB426-ASA1,139,21
4(3) If the department finds that a change requested under sub. (1) (a) would
5make substantial compliance with the approved mining plan, reclamation plan, or
6mining waste site feasibility study and plan of operation impossible or it finds, based
7on a review conducted no more frequently than every 5 years, that because of
8changing conditions, including changes in reclamation costs or reclamation
9technology, the reclamation plan for a mining site is no longer sufficient to
10reasonably provide for reclamation of the mining site consistent with this
11subchapter, it shall require the operator to submit an amended mining plan,
12reclamation plan, or mining waste site feasibility study and plan of operation and
13applications for amending any approval associated with the proposed amendments
14to the mining plan, reclamation plan, or mining waste site feasibility study and plan
15of operation. The public notice, public comment, and public hearing procedures in
16s. 295.57 apply to amended plans and applications under this subsection. The
17department shall approve or deny the amended mining plan, reclamation plan, or
18mining waste site feasibility study and plan of operation in accordance with s.
19295.58, within 30 days following the close of the public comment period. The
20applicant may continue to operate under the existing mining permit until the
21amended mining permit is issued or denied.
AB426-ASA1,139,23
22295.635 Required mining waste site inspections, record keeping,
23reporting, and responses. (1) Definitions. In this section:
AB426-ASA1,140,3
1(a) "Active dam" means a dam and associated settling area into which tailings
2or wastewater are being introduced or that has not been reclaimed in a manner
3approved by the department.
AB426-ASA1,140,64
(b) "Inactive dam" means a dam and associated settling area that is no longer
5being used for disposal of tailings or wastewater and that has been reclaimed in a
6manner approved by the department.
AB426-ASA1,140,8
7(2) General. The operator shall, at least monthly, visually inspect all of the
8following and record observations in a mining waste site operating log:
AB426-ASA1,140,109
(a) The active portions of the mining waste site for possible damage or
10structural weakening.
AB426-ASA1,140,1211
(b) Mining waste handling and monitoring equipment and readings, to ensure
12normal operation and measurements.
AB426-ASA1,140,1313
(c) Fences or barriers around the mining waste site, for possible damage.
AB426-ASA1,140,1514
(d) The buffer area around the mining waste site, for possible environmental
15damage related to its operation.
AB426-ASA1,140,18
16(3) Active dams. The operator shall, at least monthly, inspect active dams and
17record the findings in the mining waste site operating log. The operator shall record
18at least all of the following findings:
AB426-ASA1,140,1919
(a) Condition of vegetation on the dam and within 50 feet from the outside base.