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3. Certificates of deposit.
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4. Government securities.
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1(b) The department shall pay to the operator interest received on certificates
2of deposit or government securities furnished under par. (a).
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(c) The operator shall furnish the security required under par. (a) in the amount
4equal to the estimated cost to the state of fulfilling the reclamation plan, other than
5the cost of long-term care of the mining waste site, in relation to the portion of the
6mining site that will be disturbed by the end of the following year. The department
7shall determine the estimated cost of reclamation of each mining site on the basis of
8relevant factors, including the character and nature of the lands to be reclaimed, the
9future suitable use of the land involved, the topography of the mining site, the
10methods of reclamation being employed, the depth and composition of overburden,
11and the depth of the ferrous mineral deposit being mined.
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12(2) Certificate of insurance. The operator shall submit a certificate of
13insurance certifying that the applicant has in force a liability insurance policy issued
14by an insurer authorized to do business in this state or, in lieu of a certificate of
15insurance, evidence that the applicant has satisfied state or federal self-insurance
16requirements, covering all mining operations of the operator in this state and
17affording personal injury and property damage protection in a total amount
18determined to be adequate by the department but not more than $1,000,000 and not
19less than $50,000.
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20(2m) Proof of financial responsibility for long-term care of mining waste
21site. An operator shall maintain proof of financial responsibility ensuring the
22availability of funds for compliance with the long-term care requirements specified
23in the waste site feasibility study and plan of operation for a period of 40 years after
24closing of the mining waste site. The operator shall furnish the proof of financial
25responsibility to the department in one of the following forms:
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(c) Certificates of deposit.
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(d) Government securities.
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(e) Insurance.
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6(3) Written authorization to mine. Upon approval of the operator's bonds or
7other security under subs. (1) and (2m), mining application, and certificate of
8insurance, the department shall issue written authorization to begin mining at the
9permitted mining site in accordance with the approved mining plan, reclamation
10plan, and mining waste site feasibility study and plan of operation.
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11(4) Reclamation bond for more than one mining site. Any operator who
12obtains mining permits from the department for 2 or more mining sites may elect,
13at the time that the mining permit for the 2nd or any subsequent mining site is
14approved, to post a single bond under sub. (1) in lieu of separate bonds for each
15mining site. An operator who chooses to post a single bond under this subsection
16shall post a bond in an amount equal to the estimated cost to the state determined
17under sub. (1) of reclaiming all mining sites the operator has under mining permits.
18When an operator elects to post a single bond in lieu of separate bonds previously
19posted on individual mining sites, the department may not release the separate
20bonds until the department accepts the new bond.
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21(5) Review of amounts. If an operator disagrees with the amount of the bonds
22or other security that the department requires under this section, the operator may
23seek review under s. 295.77 of the amount required. The operator may post a bond
24or other security in the amount required by the department and begin mining
25without forfeiting its right to seek review.
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1295.60 Impacts to wetlands.
(1) Definitions. In this section:
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(b) "Artificial wetland" means a landscape feature where hydrophytic
3vegetation may be present as a result of human modifications to the landscape or
4hydrology and for which there is no prior wetland or stream history.
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(cm) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa
6Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842,
77 Stat. 591.
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(e) "Federal compensatory mitigation requirement" means any mitigation
9requirement that is imposed by the federal government.
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(f) "Federal wetland" means a wetland that is subject to federal jurisdiction
11under
33 USC 1344.
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(g) "Functional values and water quality" means the water quality related
13wetland functional values and uses specified in sub. (6).
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(h) "Impact" means a permanent, temporary, cumulative, secondary, direct or
15indirect result that is attributable to a discharge to which the wetland water quality
16standards apply.
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(i) "Mitigation" means the restoration, enhancement, or creation of wetlands
18to offset significant adverse impacts to other wetlands.
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(j) "Mitigation bank" means a system of accounting for wetland loss and
20mitigation that includes one or more sites where wetlands are restored, enhanced,
21or created to provide transferable credits to be subsequently applied to offset
22significant adverse impacts to other wetlands.
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(k) "Nonfederal wetland" means a wetland that is not subject to federal
24jurisdiction under
33 USC 1344.
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1(L) "On-site location" means a location that is within one-half mile of an outer
2boundary of a mining site.
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(m) "Practicable" means available and capable of being implemented after
4taking into consideration cost, available technology, and logistics in light of the
5overall project purposes and the needs for bulk sampling or a mining operation.
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(n) "Riparian restoration project" means a project that will restore or enhance
7the natural beneficial uses and value of a watercourse.
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(o) "Water basin" means the Lake Michigan basin, the Lake Superior basin, or
9the Mississippi River basin or other water basin established by the department.
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(p) "Water management unit" means a subdivision of a water basin that is
11established on a hydrological basis by the department.
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(q) "Watershed" means an area of land where all of the water drains into a
13common waterway.
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(r) "Wetland water quality standard" means a water quality standard specified
15under sub. (6).
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16(2) Scope. This section applies to any water quality certification, or any other
17approval that involves an evaluation of impact to wetlands, that is associated with
18mining or bulk sampling.
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19(3) Wetland determinations and delineations. For purposes of this section,
20wetland determinations and wetland boundary delineations shall be consistent with
21the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and any final
22regional supplement to the manual. The department may rely on wetland
23determinations and wetland boundary delineations made by other agencies and
24consultants. If the applicant for a water quality certification or for any other
25approval for an activity involving impacts to wetlands has provided information to
1the department that is identified in the manual or any final regional supplement as
2being sufficient to make a wetland determination or a delineation of boundaries, the
3department may visit the site to conduct surveys or gather additional site-specific
4quantitative data provided that the department does not discontinue the processing
5of the application to do so.
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6(4) Water quality certification for federal wetlands. (a) For purposes of
7issuing a water quality certification that is required pursuant to
33 USC 1341 (a) for
8a discharge associated with a mining operation or bulk sampling into a federal
9wetland or for issuing any other approval associated with a mining operation for an
10activity that involves any impact to a federal wetland, the department shall review
11the federal compensatory mitigation requirements proposed as part of the federal
12permit application.
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(b) For purposes of determining whether to issue a water quality certification
14or other approval that requires an evaluation of impacts to federal wetlands, the
15department shall determine whether it has reasonable assurance that the federal
16permitting process and federal compensatory mitigation requirements will offset
17any significant adverse impact to the functional values and water quality of the
18federal wetland. If the department determines that reasonable assurance exists, the
19department may not impose any additional conditions.
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(c) If the department determines that reasonable assurance does not exist
21under par. (b), it may impose conditions in the water quality certification or other
22approval if such conditions are limited to those that are necessary to offset any
23significant adverse impacts to the federal wetland that are not offset by the federal
24compensatory mitigation requirements in the federal permit or other approval. Any
1conditions imposed by the department shall permit a mitigation program as provided
2in sub. (8).
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(d) In imposing conditions under par. (c), the department may not increase the
4number of acres to be mitigated under the federal compensatory mitigation
5requirements that are applicable to the federal wetland.
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(e) The department shall issue a water quality certification under this
7subsection if the federal permitting process, including any federal compensatory
8mitigation requirement, offsets the significant adverse impacts to the functional
9values and water quality of the federal wetland.
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10(5) Water quality certification for nonfederal wetlands. (a)
Certification
11required. No person may discharge dredge or fill material associated with a mining
12operation or bulk sampling into a nonfederal wetland unless the discharge is
13authorized under a water quality certification issued under this section.
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(b)
Avoidance or minimization of impacts. For purposes of issuing a water
15quality certification for a discharge subject to par. (a) or evaluating impacts to
16nonfederal wetlands for any approval requiring an evaluation of impacts to
17nonfederal wetlands, the department shall first determine whether any impact to
18the nonfederal wetland caused by the mining operation or bulk sampling can be
19avoided or minimized to the extent practicable. If the impacts have been avoided or
20minimized to the extent practicable, any remaining impacts to nonfederal wetlands
21may not be a basis for a denial of a water quality certification provided that any
22remaining significant adverse impacts are offset under a mitigation program under
23sub. (8).
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1(c)
Siting analysis. 1. An applicant for a water quality certification for a
2nonfederal wetland shall submit a siting analysis to the department for review. In
3reviewing the siting analysis, the department shall recognize all of the following:
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a. The limitations associated with the proposed location of the ferrous mineral
5deposits to be mined or associated with bulk sampling.
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b. The need for the mining waste sites and any processing facilities to be
7contiguous to the location of the ferrous mineral deposits to be mined.
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c. The presumption that nonfederal wetlands will be impacted.
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2. The siting analysis shall be limited to an analysis of alternative
10configurations associated with the areas of the proposed ferrous mineral deposits to
11be mined at the mining site and with the areas that are contiguous to those deposits.
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3. If it is impracticable to avoid an impact to, or the use of, a nonfederal wetland,
13the applicant shall identify in the siting analysis, and the department shall review,
14those configurations that would result in impacts to the fewest acres of nonfederal
15wetlands to the extent practicable. The department shall determine which
16configuration will minimize the impacts to the fewest acres.
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4. After the department makes the determination under subd. 3., the
18department shall evaluate the impact of the mining operation to the functional
19values and water quality of the nonfederal wetland.
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20(5m) Evaluation of impacts. The department shall determine the impact of a
21proposed activity upon the functional values and water quality of a wetland by using
22wetland ecological evaluation methods jointly accepted by the U.S. Army Corps of
23Engineers and the department and appropriate to the affected wetland.
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24(6) Wetland water quality standards. The following wetland water quality
25standards shall apply to any water quality certification under sub. (4) or (5):
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1(a) Adverse impacts to the functional values and water quality of wetlands and
2adverse impacts to other waters of the state that are influenced by wetlands shall be
3minimized, and any significant adverse impacts remaining after minimization shall
4be subject to a mitigation program under sub. (8). For purposes of this section,
5functional values and uses consist of all of the following:
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1. Storm and flood water storage and retention and the moderation of water
7level fluctuation extremes.
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2. Hydrologic functions including the maintenance of dry season streamflow,
9the discharge of groundwater to a wetland, the recharge of groundwater from a
10wetland to another area, and the flow of groundwater through a wetland.
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3. Filtration or storage of sediments, nutrients, or toxic substances that would
12otherwise adversely impact the quality of waters of the state.
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4. Shoreline protection against erosion through the dissipation of wave energy
14and water velocity and anchoring of sediments.
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5. Habitat for aquatic organisms in the food web including fish, crustaceans,
16mollusks, insects, annelids, and planktonic organisms and the plants and animals
17upon which these aquatic organisms feed and depend upon for their needs in all life
18stages.
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6. Habitat for resident and transient wildlife species, including mammals,
20birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel
21corridors, and food.
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7. Recreational, cultural, educational, scientific, and natural scenic beauty
23values and uses.
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(b) All of the following shall be minimized in order to avoid significant adverse
25impacts for the purpose of maintaining or enhancing the functional values and water
1quality identified under par. (a), and any minimization of the following must be taken
2into account in the department's evaluation of significant adverse impacts:
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1. The use of liquids, fill, or other solids or gases.
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2. The presence of floating or submerged debris, oil, or other material.
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3. The use of materials producing color, odor, taste, or unsightliness.
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4. The presence of concentrations or combinations of substances that are toxic
7or harmful to human, animal, or plant life.
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5. Adverse effects on hydrological conditions necessary to support the biological
9and physical characteristics that are naturally present in wetlands. For purposes
10of this subdivision, the hydrological conditions include of all of the following:
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a. Water currents and erosion and sedimentation patterns.
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b. Water temperature variations.
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c. The chemical, nutrient, and dissolved oxygen regime of the wetland.
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d. The movement of aquatic fauna.
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e. The pH of the wetland.
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f. Water levels or elevations.
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6. Adverse effects on existing habitat and populations of animals and
18vegetation found in wetlands.
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19(6m) Scope of evaluation. For purposes of issuing a water quality certification
20under sub. (4) or (5), the department shall evaluate whether an activity will result
21in a significant adverse impact to the functional values and water quality associated
22with a wetland by doing all of the following:
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(a) Comparing the functional values and water quality of the wetland with
24other wetlands located within the boundaries of the mining site or within the same
1water management unit as the mining site and with other waters of the state that
2are located in the same water management unit.
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(b) Taking into consideration the floristic province in which the mining site is
4located.
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5(7) Approval by department; nonfederal wetlands. The department shall
6issue a water quality certification under this section for a nonfederal wetland, if the
7department determines all of the following:
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(a) All practicable measures will be taken to minimize the adverse impacts to
9wetlands.
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(b) Any significant adverse impacts to functional values and water quality that
11remain are offset through a mitigation program under sub. (8).
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12(8) Mitigation program. (a)
Contents. A mitigation program to offset
13significant adverse impacts to functional values and water quality of wetlands shall
14contain all of the following:
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1. Proposed projects for mitigation and a schedule for implementing the
16projects. These projects may be performed by a person other than the applicant,
17subject to the department's approval of the projects and schedule.
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2. If the program is applicable to a federal wetland, all federal compensatory
19mitigation requirements associated with the federal wetland application.
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(b)
Option of applicant. An applicant submitting a program under par. (a) may
21submit options for mitigation. These options may include any combination of the
22types of mitigation specified in par. (d). In preparing the program, the applicant shall
23identify and consider mitigation that could be conducted within the same watershed
24in which the mining site is located.
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1(c)
Ratios for mitigation. The amount of mitigation required may not exceed
21.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of
3credits in a mitigation bank, each acre that is subject to mitigation shall count as at
4least one credit.
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(d)
Sequence. If it is not practicable or ecologically preferable to conduct
6mitigation at an on-site location or if there is no on-site location that will provide
7sufficient wetland acreage, the department shall allow the applicant to conduct
8mitigation at a site other than an on-site location, subject to par. (e). Mitigation
9under a program under par. (a) shall be accomplished through the following types:
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1. Implementation of a project for mitigation.
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2. Purchase of mitigation credits from a mitigation bank for a site in a
12mitigation bank that is located anywhere in the state subject to par. (e).
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3. Purchase of mitigation credits from a mitigation bank established prior to
14February 1, 2002, if the department determines that the bank sponsor is in
15compliance with any applicable memorandum of understanding between the bank
16sponsor and the department.
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4. Participation in the in lieu fee subprogram, if such a subprogram is
18established under s. 281.36 (3r) (e).
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(e) If a mining operation is located in whole or in part within the ceded territory,
20any mitigation including mitigation accomplished through the purchase of
21mitigation bank credits and the in-lieu fee subprogram that is authorized or
22required by the department shall occur within the ceded territory.
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23(9) Mining permit. Any water quality certification issued by the department,
24including all of the conditions imposed as part of the certification, shall be included
25in the mining permit.
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1(10) Conservation easements. (a) A person who is the holder of a water quality
2certification that authorizes mitigation to be implemented by the holder of the
3certification at an on-site location shall grant a conservation easement under s.
4700.40 to the department to ensure that the wetland that is subject to the mitigation
5will not be destroyed or substantially degraded by any subsequent proprietor of or
6holder of interest in the property on which the wetland is located. The department
7shall suspend the mining permit if the holder of the permit fails to grant the
8easement within the time limit set forth in the mining permit. If the holder
9subsequently grants the conservation easement to the department, the department
10shall reinstate the mining permit.