Amendment SSA2-AB426

AB426-SSA2,129,25 (b) Any rule promulgated by the department relating to wetlands that conflicts with this section, except that no rule promulgated by the department under s. 281.36 applies to a mining operation or bulk sampling.

AB426-SSA2,130,3 295.605 Impacts to navigable waters. (1) Definition. In this section, "navigable water activity" means an activity for which a permit or contract is required under s. 30.12, 30.123, 30.19, 30.195, or 30.20.

AB426-SSA2,130,6 (2) Permit or contract required. No person may engage in any navigable water activity associated with bulk sampling or mining unless the person has been issued a permit or entered into a contract as provided under sub. (4).

AB426-SSA2,130,9 (3) Application; riparian status. (a) Any person who intends to engage in a navigable water activity associated with bulk sampling or mining need not be a riparian owner to do any of the following:

AB426-SSA2,130,11 1. Apply for and be issued an individual permit for a navigable water activity under s. 30.12, 30.123, 30.19, or 30.195.

AB426-SSA2,130,12 1m. Enter into a contract under s. 30.20.

AB426-SSA2,130,14 2. Engage in an activity that is exempt under s. 30.12, 30.123, 30.19, 30.195, or 30.20.

AB426-SSA2,130,16 3. Seek authorization under a general permit issued under s. 30.12, 30.123, 30.19, or 30.20.

AB426-SSA2,130,20 (b) If a person is applying for more than one permit or contract for a navigable water activity associated with bulk sampling or mining, the person may file a single application. The application shall include any information requested by the department under s. 295.45 (3).

AB426-SSA2,130,23 (4) Requirements. (a) Generally. The department shall issue a permit, or enter into a contract, for a navigable water activity if the navigable water activity meets all of the following requirements:

AB426-SSA2,130,25 1. The navigable water activity will not significantly impair public rights and interests in a navigable water.

AB426-SSA2,131,2 2. The navigable water activity will not significantly reduce the effective flood flow capacity of a stream.

AB426-SSA2,131,4 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-SSA2,131,5 4. The navigable water activity will not significantly degrade water quality.

AB426-SSA2,131,9 (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-SSA2,131,12 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-SSA2,131,13 2. Measures to improve public rights or interests in navigable waters.

AB426-SSA2,131,14 3. Measures to offset significant impacts to water quality or quantity.

AB426-SSA2,131,15 4. Measures to enhance flood storage.

AB426-SSA2,131,16 5. Mitigation as provided under s. 295.60.

AB426-SSA2,131,17 6. Conservation measures as provided in s. 295.61.

AB426-SSA2,131,24 (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-SSA2,132,6 (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-SSA2,132,9 (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-SSA2,132,12 (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-SSA2,132,15 (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-SSA2,132,16 295.607 Shoreland and floodplain zoning. (1) (a) In this section:

AB426-SSA2,132,18 1. "Development or construction activity" means a waste site, structure, building, fill, or other development or construction activity.

AB426-SSA2,132,20 2. "Floodplain zoning ordinance" means a municipal floodplain zoning ordinance adopted under s. 87.30.

AB426-SSA2,132,22 3. "Shoreland zoning ordinance" means a shoreland zoning ordinance or regulation adopted under s. 59.692, 61.351, 62.231, or 281.31.

AB426-SSA2,133,2 (2) (a) The department may not prohibit a development or construction activity to be located in an area that would otherwise be prohibited under a shoreland 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-SSA2,133,8 (b) A development or construction activity located in an area that would otherwise be prohibited under a shoreland 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 zoning variance is required for a development or construction activity located as provided under this paragraph.

AB426-SSA2,133,13 (3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit development or construction activity authorized by the department as part of a mining operation covered by a mining permit under s. 295.58, except to the extent necessary for the municipality to which the floodplain zoning ordinance applies to maintain eligibility for participation in the National Flood Insurance Program.

AB426-SSA2,133,15 295.61 Withdrawals of surface waters and groundwater. (1) Definitions. In this section:

AB426-SSA2,133,17 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1) (b).

AB426-SSA2,133,19 (b) "Environmentally sound and economically feasible water conservation measures" has the meaning given in s. 281.346 (1) (i).

AB426-SSA2,133,20 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).

AB426-SSA2,133,21 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).

AB426-SSA2,133,22 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).

AB426-SSA2,133,24 (em) "Riparian restoration project" means a project that will restore or enhance the natural beneficial uses and value of a watercourse.

AB426-SSA2,133,25 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).

AB426-SSA2,134,1 (g) Unless the context otherwise requires, "use" includes dewatering.

AB426-SSA2,134,2 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).

AB426-SSA2,134,3 (i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).

AB426-SSA2,134,10 (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-SSA2,134,15 (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-SSA2,135,2 (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-SSA2,135,8 (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-SSA2,135,11 (4) Permit issuance. (a) General requirements. The department shall issue a water withdrawal permit if it determines that the withdrawal or use of the surface water or groundwater meets all of the following requirements:

AB426-SSA2,135,14 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-SSA2,135,17 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-SSA2,135,19 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-SSA2,135,22 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-SSA2,135,24 5. The proposed withdrawal and use of the water will not result in significant injury to public rights in navigable waters.

AB426-SSA2,136,2 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-SSA2,136,4 7. The proposed withdrawal or use of the water will comply with any requirements imposed by the department under par. (cm).

AB426-SSA2,136,8 (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-SSA2,136,10 1. Environmentally sound and economically feasible water conservation measures.

AB426-SSA2,136,13 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-SSA2,136,14 3. Protection of important upland groundwater recharge areas.

AB426-SSA2,136,15 4. Stabilization of shorelands.

AB426-SSA2,136,17 5. Restoration or enhancement of the natural beneficial uses and values of a stream or river.

AB426-SSA2,136,19 6. Implementation of any feasible methods to offset impacts to water quality or quantity.

AB426-SSA2,136,21 7. Supplementation of additional water to water bodies to offset lower water levels.

AB426-SSA2,136,23 8. Taking steps to improve public rights or interests in navigable waters, if navigable waters are subject to the permit.

AB426-SSA2,136,24 9. Mitigation as provided in s. 295.60.

AB426-SSA2,137,3 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-SSA2,137,4 11. A riparian restoration project.

AB426-SSA2,137,5 12. Measures as provided in s. 295.605.

AB426-SSA2,137,13 (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-SSA2,137,19 (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-SSA2,137,21 (e) Use of nonriparian waters. Water withdrawn in accordance with a water withdrawal permit may be used on nonriparian property.

AB426-SSA2,138,2 (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-SSA2,138,6 (5) Permit conditions. (a) The department may impose reasonable conditions in a water withdrawal permit that, except as provided in par. (b), may 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-SSA2,138,7 1. The location of the withdrawal or use.

AB426-SSA2,138,8 2. The authorized base level of water loss from the withdrawal or use.

AB426-SSA2,138,10 3. The dates on which or seasons during which withdrawal or use of the water may occur.

AB426-SSA2,138,11 4. The purposes for the withdrawal or use of the water.

AB426-SSA2,138,13 5. The amount and quality of return flow required and the place of the discharge.

AB426-SSA2,138,15 6. The requirements for reporting volumes and rates of withdrawal and any other data specified by the department.

AB426-SSA2,138,18 7. 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-SSA2,138,23 (b) If the department determines that a high capacity well that would be covered by a water withdrawal permit may impair a privately owned high capacity well, the department shall include in the water withdrawal permit conditions that will ensure that the privately owned high capacity well will not be impaired, unless the private high capacity well owner agrees to the impairment.

AB426-SSA2,138,25 (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-SSA2,139,5 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-SSA2,139,17 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-SSA2,140,2 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-SSA2,140,5 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-SSA2,140,15 (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-SSA2,140,25 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.