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10. Drawings and typical sections for, as appropriate, drainage control
17structures, tailings distribution systems, access roads, fencing, leachate control
18systems and monitoring devices, buildings, signs, and other construction details.
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(b) A plan for initial site preparations, including a discussion of the field
20measurements, photographs to be taken, and sampling and testing procedures to be
21used to verify that the in-field conditions encountered were the same as those
22defined in the mining waste site feasibility study and plan of operation and to
23document that the mining waste site was constructed according to the engineering
24plans and specifications submitted for department approval.
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1(c) A description of typical daily operations, including a discussion of the
2timetable for development; methods for determining mining waste types disposed of
3or excluded; typical mining waste handling techniques; hours of operation; traffic
4routing; drainage and erosion control; windy, wet, and cold weather operations; fire
5protection equipment; methods for dust control; method of placing mining waste
6materials; monitoring; closure of filled areas; leachate control methods; and critical
7backup equipment.
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(d) An analysis of the financial responsibility for closure and long-term care
9from the time of closing of the mining waste site to termination of the obligation to
10maintain proof of financial responsibility for long-term care.
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(e) A description of procedures for backfilling all soil borings and monitoring
12wells when they are abandoned.
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(f) A contingency plan to prevent or minimize damage to human health or the
14environment in the event of an accidental or emergency discharge or other condition
15that does not comply with conditions of the mining permit or other applicable
16standards. The applicant shall ensure that the plan does all of the following:
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1. Follows the spill prevention, control, and countermeasures plan in
18regulations promulgated under
33 USC 1321.
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2. Indicates, for the monitoring programs required under sub. (5) (o) 8., the
20levels of substances that if exceeded require the operator to activate the contingency
21plan.
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3. Includes a provision for more concentrated and frequent monitoring in the
23area of any excessive measurement.
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14. Describes possible accidental or emergency discharges or other unplanned
2events and identifies the corresponding corrective action or alternative action to be
3implemented should the criteria for action be exceeded.
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5. Specifies the action to be taken if an analysis of groundwater samples
5requires a response.
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(g) A list of the groundwater and surface water quality parameters for which
7the applicant will monitor under s. 295.643 and a description of the methods for
8groundwater and surface water sample collection, preservation, and analysis that
9will be used.
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10(7) Required demonstrations. Through the mining waste site feasibility study
11and plan of operation, the applicant shall demonstrate that all of the following apply
12or will apply with respect to the operation of the mining waste site, excluding the area
13from which ferrous minerals will be extracted and that is backfilled with mining
14waste:
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(a) No mining waste will be deposited in such a way that the mining waste or
16leachate from the mining waste will result in a violation of any applicable surface
17water quality criteria or standards, applicable wetland water quality standards, or
18applicable groundwater quality standards.
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(b) Surface water drainage will be diverted away from and off the active fill
20area.
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(c) Access to the mining waste site will be restricted through the use of fencing,
22natural barriers, or other methods approved by the department.
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(d) The entire perimeter of the mining waste site will be made accessible for
24inspection and for earth moving equipment required for emergency maintenance.
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1(e) Any area to be used for the disposal of mining waste and any borrow areas
2will first be stripped of all topsoil to ensure that adequate amounts are available for
3reclamation and closure activities.
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(f) Effective means will be taken to control dust resulting from the mining
5waste site.
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(g) Provisions will be made for back-up equipment in the event of the
7breakdown of critical operating equipment.
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(h) The design and operation specifications for mining waste site facilities
9include contingency measures, which may include emergency power supplies,
10redundant equipment, or temporary holding facilities, to deal with emergency
11conditions.
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(hm) Any mining waste site designed with a liner or situated in soils with
13sufficiently low permeability to either partially or completely contain leachate is
14designed with a leachate management system that can effectively remove leachate,
15prevent surface seepage, and promote adequate settlement to permit final
16reclamation.
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(i) All surface water drainage ditches, culverts, and other drainage control
18structures are designed for a rainfall event measured in terms of the depth of the
19rainfall occurring within a 24-hour period and having an expected recurrence
20interval of once in 100 years.
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(j) The final slopes of the completed mining waste site will be no less than 2
22percent and no greater than 50 percent, unless the mining waste site is specifically
23designed for a final use compatible with other slopes.
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1(k) The final cover design for the mining waste site is based on the results of
2the mining waste characterization and engineering needs identified in studying the
3mining waste site feasibility.
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(L) Provisions are made for collection and treatment of leachate for all areas
5designed to contain leachate.
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(m) The mining waste site is located and designed, and will be constructed and
7operated, so that any liner system or naturally occurring soil barrier is compatible
8with all mining waste that is disposed of or stored in the mining waste site.
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(n) For any dam, sufficient freeboard, measured from the inside of the top of
10the dam, to contain a rainfall event measured in terms of the depth of the rainfall
11occurring within a 24-hour period and having an expected recurrence interval of
12once in 100 years and to prevent overtopping by waves during such a rainfall event
13or a minimum of 2 feet of freeboard, whichever is greater, will be provided.
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(o) Drainage or filter bed material has been selected and designed to promote
15drainage, reduce the potential for piping, and be stable under leaching conditions.
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(p) Material used in earth embankments, drainage, or filter beds, will be free
17of vegetation, organic soils, frozen soils, and other extraneous matter that could
18affect the compactibility, density, permeability, or shear strength of the finished
19embankment.
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(q) Embankment materials and drainage or filter bed materials will be
21compacted to 90 percent of the maximum dry density as determined by the standard
22proctor compaction test, ASTM D698, or to a greater density as necessitated by the
23embankment height, and the materials will be compacted in appropriate layers as
24determined through the slope stability analysis, except that compaction and
25crushing of waste rock for use outside an earth core is not required.
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1(r) Emergency spill containment areas will be provided near the tailings
2pipeline in case of power or pipeline failure.
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(s) Tailings pipelines will be self-draining to the tailings area or to an
4emergency spill containment area.
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(t) The mining waste site is located in the same watershed as the surface
6facilities for the mining unless it is not practicable to locate the mining waste site in
7the same watershed as the surface facilities for the mining, as determined on a site
8specific basis.
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(u) The disposal of the mining waste will minimize the discharge of
10environmental pollutants to groundwater to the extent practicable.
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(w) Tailings pipelines are as short as practicable.
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(x) Upstream rainfall catchment areas are minimized.
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(y) The outside of the top of any dam is higher than the inside of the top of the
14dam so that runoff from the top is forced to the inside of the dam.
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(z) The mining waste site design includes staged reclamation, if practicable.
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16(8) Limitation on regulation of certain mining waste. The department may
17not regulate the use of mining waste in reclamation or the construction of any facility
18or structure except through the department's review of the mining plan and
19reclamation plan and the approval of the application for the mining permit.
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20(9) Applicability of other laws. Subchapters I to V and VII of ch. 289 and rules
21promulgated under those subchapters do not apply to a mining waste site, to the
22disposal of mining waste in a mining waste site, or to mining wastes used in the
23reclamation or construction of facilities and structures on the mining site.
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24295.53 Environmental impact statement.
(1) Consultants. The
25department may enter into contracts for environmental consultant services under
1s. 23.41 to assist in the preparation of an environmental impact statement or to
2provide assistance to applicants.
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3(2) Notice. After the department receives an application for a mining permit,
4it shall notify the public and affected agencies that an environmental impact
5statement will be prepared for the proposed mine and that the process of identifying
6major issues under s. NR 150.21 (3), Wis. Adm. Code, is beginning.
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7(3) Environmental impact report. (a) An applicant shall prepare an
8environmental impact report for the mining project. In the environmental impact
9report, the applicant shall provide a description of the proposed mining project, the
10present environmental conditions in the area and the anticipated environmental
11impacts of the proposed mining project, the present socioeconomic conditions in the
12area and the anticipated socioeconomic impacts of the proposed mining project,
13details of any wetlands compensation program under s. 295.60 (8), any measures for
14navigable waters under s. 295.605 (4), any proposed changes to the forest
15designations specified in sub. (4) (c), and the alternatives to the proposed mining
16project. As the applicant provides more information or makes modifications to the
17proposed mining project, the department may revise the requirements it specified
18under s. 295.465 (2) to ensure the potential environmental effects can be identified
19in the department's environmental impact statement.
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(b) The department shall assist the applicant in meeting the deadlines for
21ultimate submission and review of those analyses consistent with this subchapter.
22If a particular scientific analysis is not completed as of the date the environmental
23impact report is required to be submitted, the applicant shall identify in the
24environmental impact report the scope of the analysis and anticipated date that it
25will be submitted.
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1(c) 1. The applicant shall submit the environmental impact report with the
2application for the mining permit.
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3. Upon receipt of the environmental impact report, the department shall
4review the environmental impact report and, if the department finds that the
5environmental impact report does not contain information reasonably necessary for
6the department to evaluate the proposed mining project and its environmental
7effects, the department may request additional information from the applicant.
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(d) The department shall accept original data from an environmental impact
9report for use in the environmental impact statement and need not verify all original
10data provided by the applicant to accept the data as accurate. The department shall
11use original data from an environmental impact report in the environmental impact
12statement if the data contains the information identified in sub. (1) (e) 1. and any of
13the following conditions is met:
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1. The department, its consultant, or a cooperating state or federal agency
15collects sufficient data to perform a limited statistical comparison with data from the
16environmental impact report that demonstrates that the data sets are statistically
17similar within a reasonable confidence limit.
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2. An expert who is employed by, or is a consultant to, the department or is
19employed by, or is a consultant to, a cooperating state or federal agency determines
20that the data is within the range of expected results.
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3. The department, its consultant or a cooperating state or federal agency
22determines that the methodology used in the environmental impact report is
23scientifically and technically adequate for the tests being performed.
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24(4) Procedure for environmental impact statement. (a) The department shall
25prepare an environmental impact statement for every application for a mining
1permit. In preparing the environmental impact statement, the department shall
2comply with s. 1.11 (2) and s. NR 150.22 (2), Wis. Adm. Code.
AB426,109,53
(b) The department shall include in the environmental impact statement a
4description of the significant long-term and short-term impacts, including impacts
5after the mining has ended, on all of the following:
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2. Employment.
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3. Schools and medical care facilities.
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4. Private and public social services.
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5. The tax base.
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6. The local economy.
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(c) The department and other state agencies shall address the application for
13a mining permit, for any approval, and for any action relating to the mining project
14involving other state agencies in one comprehensive analysis in the environmental
15impact statement prepared by the department, including any environmental
16analysis required by the department with regard to any of the following:
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1. The withdrawal of land entered as county forest land under s. 28.11 and any
18modification of, or amendment to, a county forest land use plan necessitated by the
19withdrawal of the land.
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2. The withdrawal of land entered as forest cropland under s. 77.10.
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3. The withdrawal of land designated as managed forest land under subch. VI
22of ch. 77 and any modification of, or amendment to, a managed forest land
23management plan necessitated by the withdrawal of the land.
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4. The transfer of land for which amounts were awarded by the department,
25including under s. 23.09 (17m), 26.38, 28.11 (5r), or 77.895, to fund the acquisition
1of, or to fund activities conducted on, forest land and any modification of, or
2amendment to, a forest stewardship management plan or other plan necessitated by
3the transfer of the land.
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(d) The public notice, informational hearing, and comment provisions in s.
5295.57, the provision concerning the effective date of approvals in s. 295.58 (6), and
6the provisions for review in s. 295.77 apply to an environmental impact statement
7prepared under this subsection. If the department revises and redistributes an
8environmental impact statement or portion of an environmental impact statement
9prepared under this section, the department shall distribute the environmental
10impact statement or portion of the environmental impact statement as provided in
11s. 295.57, but the period for public comment is 30 days, rather than 45 days.
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(e) The department shall conduct its environmental review process jointly with
13any federal or local agency that consents to a joint environmental review process.
14The department may adopt any environmental analysis prepared by another state
15agency or by a federal or local agency. The department may enter into a written
16agreement with any of those agencies that have a major responsibility related to or
17that are significantly affected by the proposed mining. In the written agreement, the
18parties shall define the responsibility of each agency in the development of a single
19environmental impact statement on the proposed mining and outline the procedures
20to be used in the regulatory process. The department shall be the lead agency for any
21environmental review process involving other state agencies. To the extent that any
22federal or local agency's environmental review process conflicts with the provisions
23of this section or s. 295.57, then the department shall follow the provisions of this
24section and s. 295.57 and may only coordinate its environmental review to the extent
25consistent with the provisions of this section and s. 295.57. The department shall
1comment on any federal agency's environmental assessment or environmental
2impact statement associated with a mining project in accordance with s. NR 150.30,
3Wis. Adm. Code.
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4(5) Relationship to other laws. This section and s. 295.57 govern the
5department's obligations under ss. 1.11 and 1.12 with respect to a mining project.
6Sections 23.11 (5) and 23.40 and ss. NR 2.085, 2.09, and 2.157, Wis. Adm. Code, do
7not apply with respect to a mining project. The rest of ch. NR 2, Wis. Adm. Code, only
8applies with respect to a mining project to the extent that it does not conflict with this
9section and s. 295.57. Sections NR 150.24 and 150.25, Wis. Adm. Code, do not apply
10with respect to a mining project. The rest of ch. 150, Wis. Adm. Code, only applies
11with respect to a mining project to the extent that it does not conflict with this section
12and s. 295.57.
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13295.56 Exemptions. (1) The department may grant an exemption, as
14provided in this section, from any of the requirements of this subchapter applicable
15to any of the following:
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(a) A mining permit application, including the mining plan, reclamation plan,
17and mining waste site feasibility study and plan of operation.
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(b) A mining permit.
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(c) Any other approval.
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20(2) (a) An applicant shall submit a request for an exemption in writing and
21shall describe the grounds for the exemption and provide documentation identifying
22the conditions requiring the exemption, the reasons for the exemption, and the
23reasonableness of the exemption.
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(b) An applicant may obtain an exemption only if the applicant submits the
25request no later than the 180th day after the application for the mining permit is
1administratively complete under s. 295.57 (2), unless the condition that is the basis
2for the requested exemption is not known to the applicant before that day, in which
3case the deadline is extended to the 20th day before the deadline under s. 295.57 (7)
4(a).
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(c) The department shall issue a decision on a request for an exemption no later
6than the 15th day after the day on which it received the request under par. (a).
7Subject to par. (b) and except as provided in par. (d), the department shall grant the
8exemption if it is consistent with the purposes of this subchapter and will not violate
9any applicable environmental law outside of this subchapter and if one of the
10following applies:
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1. The exemption will not result in significant adverse environmental impacts.
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2. The exemption will result in significant adverse environmental impacts, but
13the applicant will offset those impacts through compensation or mitigation, as
14provided in s. 295.60; through the measures provided in s. 295.605, or through the
15conservation measures provided in s. 295.61.
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(d) 1. The department shall deny a request for an exemption if granting the
17exemption would violate federal law.
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2. If federal law imposes a standard for an exemption that differs from the
19standard in par. (c) and that cannot be modified by state law, and if that standard has
20been approved by the federal government for use by the state through a delegation
21agreement, federally approved state implementation plan, or other program
22approval, then the department shall determine whether to grant the request for the
23exemption using the federal standard.
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24295.57 Application procedure. (1) Submission. (a) An applicant shall
25submit the application for a mining permit as provided in s. 295.47.
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1(b) The department and the state geologist shall protect as confidential any
2information, other than effluent data, contained in an application for a mining
3permit, upon a showing that the information is entitled to protection as a trade
4secret, as defined in s. 134.90 (1) (c), and any information relating to production or
5sales figures or to processes or production unique to the applicant or that would tend
6to adversely affect the competitive position of the applicant if made public.
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7(2) Determination of administrative completeness. (a) An application for a
8mining permit is administratively complete on the 30th day after the department
9receives the application, unless, before that day, the department provides the
10applicant with written notification that the application is not administratively
11complete. The department may determine that an application is not
12administratively complete only if the applicant does not submit one of the following:
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2. A mining plan that contains the types of information specified in s. 295.48
14(1), (2), (3), and (4).
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3. A reclamation plan that contains the types of information specified in s.
16295.49 (1), (2), and (3).
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4. A mining waste site feasibility study and plan of operation that contains the
18types of information specified in s. 295.51 (5), (6), and (7).
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5. An environmental impact report.
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6. The evidence required under s. 295.47 (2) (g).
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(b) In making the determination under par. (a), the department may not
22consider the quality of the information provided.
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(c) In a notice provided under par. (a), the department shall specify what is
24missing from the application.
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1(d) The running of the 30-day period under par. (a) is tolled from the day on
2which the department provides notification, in compliance with par. (a), that an
3application is not administratively complete until the day on which the applicant
4submits the missing or revised mining plan, reclamation plan, mining waste site
5feasibility study and plan of operation, environmental impact report, or evidence
6required under s. 295.47 (2) (g). The department shall notify the applicant when it
7receives the missing or revised mining plan, reclamation plan, waste site feasibility
8study and plan of operation, environmental impact report, or evidence required
9under s. 295.47 (2) (g). The application is administratively complete on the day on
10which the department provides the notification to the applicant or on the expiration
11of the remainder of the 30-day period, whichever is sooner.