AB1-ASA1,50,2525
(c) No inspector may obstruct, hamper, or interfere with exploration activities.
AB1-ASA1,51,4
1(12) Exemption. This section does not apply to an operator with a mining
2permit who is engaged in exploration activities on lands included in a mining plan
3and reclamation plan, if the mining plan or reclamation plan contains provisions
4relating to termination of the exploration activities.
AB1-ASA1,51,7
5(13) Environmental analysis not required. The department is not required
6to prepare an environmental impact statement or an environmental assessment for
7an application for an exploration license.
AB1-ASA1,51,11
8295.443 Local impact committee; local agreement. (1) A county, town,
9village, city, or tribal government likely to be substantially affected by potential or
10proposed mining may designate an existing committee, or establish a committee, for
11purposes of:
AB1-ASA1,51,1212
(a) Facilitating communications between operators and itself.
AB1-ASA1,51,1313
(b) Analyzing implications of mining.
AB1-ASA1,51,1414
(c) Reviewing and commenting on reclamation plans.
AB1-ASA1,51,1515
(d) Developing solutions to mining-induced growth problems.
AB1-ASA1,51,1616
(e) Recommending priorities for local action.
AB1-ASA1,51,1917
(f) Formulating recommendations to the investment and local impact fund
18board regarding distribution of funds under s. 70.395 (2) (g) related to mining for
19ferrous minerals.
AB1-ASA1,51,2020
(g) Negotiating a local agreement under sub. (1m).
AB1-ASA1,52,2
21(1m) A county, town, village, city, or tribal government that requires an
22operator to obtain an approval or permit under a zoning or land use ordinance and
23a county, town, village, or city in which any portion of a proposed mining site is
24located may, individually or in conjunction with other counties, towns, villages,
25cities, or tribal governments, enter into one or more agreements with an operator for
1the development of a mining operation. The local agreement may include any of the
2following:
AB1-ASA1,52,43
(a) A legal description of the land subject to the agreement and the names of
4its legal and equitable owners.
AB1-ASA1,52,55
(b) The duration of the agreement.
AB1-ASA1,52,66
(c) The uses permitted on the land.
AB1-ASA1,52,97
(d) A description of any conditions, terms, restrictions, or other requirements
8determined to be necessary by the county, town, village, city, or tribal government for
9the public health, safety, or welfare of its residents.
AB1-ASA1,52,1110
(e) A description of any obligation undertaken by the county, town, village, city,
11or tribal government to enable the development to proceed.
AB1-ASA1,52,1312
(f) The applicability or nonapplicability of county, town, village, city, or tribal
13ordinances, approvals, or resolutions.
AB1-ASA1,52,1414
(g) A provision for the amendment of the agreement.
AB1-ASA1,52,1615
(h) Other provisions determined to be reasonable and necessary by the parties
16to the agreement.
AB1-ASA1,52,23
17(2) A county, town, village, city, or tribal government affected in common with
18another county, town, village, city, or tribal government by a proposed or existing
19mine may cooperatively designate or establish a joint committee, but may also
20maintain a separate committee under sub. (1). Committees under this section may
21include representatives of affected units of government, business, and industry,
22manpower, health, protective or service agencies, school districts, or environmental
23and other interest groups or other interested parties.
AB1-ASA1,53,4
24(3) Persons applying for an exploration license under s. 295.44 shall thereafter
25appoint a liaison person to any committee established under sub. (1) or (2), and shall
1provide such reasonable information as is requested by the committee. Operators
2and persons applying for an exploration license under s. 295.44 shall thereafter
3make reasonable efforts to design and operate mining operations in harmony with
4community development objectives.
AB1-ASA1,53,17
5(4) Committees established under sub. (1) or (2) may be funded by their
6appointing authority, and may, through their appointing authority, submit a request
7for operating funds to the investment and local impact fund board under s. 70.395.
8Committees established under sub. (1) shall be eligible for funds only if the county,
9town, village or city is also a participant in a joint committee, if any, established
10under sub. (2). The investment and local impact fund board may not grant funds for
11the use of more than one committee established under sub. (1) in relation to a
12particular mining proposal unless a joint committee has been established under sub.
13(2). The investment and local impact fund board shall grant operating funds to any
14committee that submits a request and is eligible under this subsection and s. 70.395
15(2) (fm). Committees may hire staff, enter into contracts with private firms or
16consultants or contract with a regional planning commission or other agency for staff
17services for mining-related purposes or the purposes under s. 70.395 (2) (fm).
AB1-ASA1,53,24
18295.45 Bulk sampling plan. (1) A person who intends to engage in bulk
19sampling may file a bulk sampling plan with the department. The collection of data
20under a bulk sampling plan may include sampling and analysis related to
21geophysical, geochemical, groundwater, and surface water conditions, as well as any
22other data or studies necessary to prepare an application for a mining permit,
23including the mining plan, reclamation plan, mining waste site feasibility study and
24plan of operation, or any other approval required for the proposed mining.
AB1-ASA1,53,25
25(2) A person shall include all of the following in a bulk sampling plan:
AB1-ASA1,54,4
1(a) A description and map of the bulk sampling site, including the number of
2acres in the site, the number of acres of land that will be disturbed, if any, associated
3with each bulk sampling location, and the locations and types of sampling or studies
4to be conducted at each bulk sampling location.
AB1-ASA1,54,55
(b) A description of the methods to be used for the bulk sampling.
AB1-ASA1,54,86
(c) A site-specific plan for controlling surface erosion that conforms to
7requirements under ss. 281.33 (3) and 283.33 and that identifies how impacts to
8plant and wildlife habitats will be avoided or minimized to the extent practicable.
AB1-ASA1,54,139
(d) A revegetation plan for each area where bulk sampling will be performed
10that describes how adverse impacts to the environment will be avoided or minimized
11to the extent practicable and how the site will be revegetated and stabilized and that
12identifies how adverse impacts to plant and wildlife habitats will be avoided or
13minimized to the extent practicable.
AB1-ASA1,54,1514
(e) The estimated time for completing the bulk sampling and revegetation of
15the bulk sampling locations.
AB1-ASA1,54,1816
(f) A description of any known adverse environmental impacts that are likely
17to be caused by the bulk sampling and how those impacts will be avoided or
18minimized to the extent practicable.
AB1-ASA1,54,2419
(g) A description of any adverse effects, as defined in s. 44.31 (1), that the bulk
20sampling might have on any historic property, as defined in s. 44.31 (3), that is a
21listed property, as defined in s. 44.31 (4), that is on the Wisconsin inventory of historic
22places, as defined in s. 44.31 (12), or that is on the list of locally designated historic
23places under s. 44.45; or any scenic or recreational areas; and plans to avoid or
24minimize those adverse effects to the extent practicable.
AB1-ASA1,55,8
1(2m) The department shall protect as confidential any information, other than
2effluent data, contained in a bulk sampling plan and in any application for an
3approval that is required before the bulk sampling may be implemented, upon a
4showing that the information is entitled to protection as a trade secret, as defined in
5s. 134.90 (1) (c), and any information relating to the location, quality, or quantity of
6a ferrous mineral deposit, to production or sales figures, or to processes or production
7unique to the applicant or that would tend to adversely affect the competitive
8position of the applicant if made public.
AB1-ASA1,55,16
9(3) Within 14 days of receipt of a bulk sampling plan, the department shall
10identify for the applicant, in writing, all approvals that are required before the bulk
11sampling may be implemented, any waivers, exemptions, or exceptions to those
12approvals that are potentially available, and any information that the department
13needs to issue the approvals or to issue a decision on any waiver, exemption, or
14exception. If no approvals are required, the department shall notify the applicant
15that no approvals are required and that the applicant may proceed with the bulk
16sampling.
AB1-ASA1,55,20
17(3e) If a storm water discharge permit under s. 283.33 (1) (a) or a water quality
18certification under rules promulgated under subch. II of ch. 281 to implement
33
19USC 1341 (a) is required before bulk sampling may be implemented, the person filing
20the bulk sampling plan may apply for and be issued the permit or certification.
AB1-ASA1,55,24
21(3m) The department shall act on any required construction site erosion
22control and storm water management approval, notwithstanding any authorization
23by the department of a local program to administer construction site erosion control
24and storm water management requirements.
AB1-ASA1,55,25
25(3s) An applicant shall submit all of the following at the same time:
AB1-ASA1,56,1
1(a) Applications for individual approvals identified under sub. (3).
AB1-ASA1,56,32
(b) Applications for coverage under general permits or registration permits
3identified under sub. (3).
AB1-ASA1,56,54
(c) Applications for waivers, exemptions, or exceptions identified under sub.
5(3).
AB1-ASA1,56,66
(d) A bond, as provided in sub. (5).
AB1-ASA1,56,15
7(4) (a) Notwithstanding any provision in ch. 23, 29, 30, 31, 169, 281, 283, 285,
8289, or 291 or in a rule promulgated under those chapters that is applicable to an
9approval identified under sub. (3), the application for any approval, for a waiver,
10exemption, or exception to an approval, or for a determination that the proposed bulk
11sampling activity is below the threshold that requires an approval, is considered to
12be complete on the 30th day after the department receives the application, unless,
13before that day, the department provides the applicant with written notification that
14the application is not complete, stating the reason for the determination and
15describing the specific information necessary to make the application complete.
AB1-ASA1,56,1816
(b) If the department provides a notice under par. (a), the applicant shall
17supplement the application by providing the specified information. The application
18is complete when the applicant provides the information.
AB1-ASA1,56,2319
(c) If the department determines that the issuance of an approval is contingent
20upon the issuance of a permit under s. 29.604 (6m), and if the application for the
21permit under s. 29.604 (6m) is filed with the approval application, the department
22may not determine that the approval application is incomplete on the basis that the
23department has not yet issued the permit under s. 29.604 (6m).
AB1-ASA1,57,4
24(5) (a) A person who intends to engage in bulk sampling shall submit with the
25bulk sampling plan a bond in the amount of $5,000 that is conditioned on faithful
1performance of the requirements of this section, that is issued by a surety company
2licensed to do business in this state, and that provides that the bond may not be
3canceled by the surety, except after not less than 90 days' notice to the department
4in writing by registered or certified mail.
AB1-ASA1,57,95
(b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
6the person who filed the bulk sampling plan shall deliver a replacement bond at least
730 days before the expiration of the 90-day notice period. If the person fails to submit
8a replacement bond, the person may not engage in bulk sampling until the person
9submits a replacement bond.
AB1-ASA1,57,1410
(c) If the license of the surety company for a bond submitted under par. (a) is
11revoked or suspended, the person who filed the bulk sampling plan, within 30 days
12after receiving written notice from the department, shall deliver a replacement bond.
13If the person fails to submit a replacement bond, the person may not engage in bulk
14sampling until the person submits a replacement bond.
AB1-ASA1,57,1815
(d) The department may require that the amount of the bond submitted under
16this subsection be increased at any time, if the department determines that it is
17unlikely that the bond would be adequate to fund the cost to this state of completing
18the revegetation plan.
AB1-ASA1,57,2219
(e) The department shall release a bond submitted under this subsection one
20year after the time for completing the bulk sampling and the revegetation set forth
21in the bulk sampling plan if the department determines that the person who engaged
22in bulk sampling has complied with this section.
AB1-ASA1,58,2
23(7) Notwithstanding any provision in ch. 23, 29, 30, 31, 169, 281, 283, 285, 289,
24or 291 or a rule promulgated under those chapters applicable to an approval
25identified under sub. (3), the department shall require the bulk sampling activity for
1which the approval is issued to be conducted at locations that result in the fewest
2overall adverse environmental impacts.
AB1-ASA1,58,7
3(8) (a) In determining whether to approve or deny an application for an
4approval identified under sub. (3), the department shall consider the site-specific
5erosion control plan, the revegetation plan, and any mitigation program under s.
6295.60 (8), any measures under s. 295.605, or any conservation measures under s.
7295.61 that the applicant proposes to take.
AB1-ASA1,58,108
(b) The department may modify the application for an approval identified
9under sub. (3) in order to meet the requirements applicable to the approval, and, as
10modified, approve the application.
AB1-ASA1,58,15
11(9) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281, 283,
12285, 289, or 291 or in a rule promulgated under those chapters that is applicable to
13an approval identified under sub. (3), the department shall approve or deny an
14application within 30 days after the day on which the application is considered to be
15complete under sub. (4) if any of the following apply:
AB1-ASA1,58,1816
(a) The application is for a waiver, exemption, or exception to an approval for
17a bulk sampling activity or for a determination that the proposed bulk sampling
18activity is below the threshold that requires an approval.
AB1-ASA1,58,2019
(b) The application is for a determination of eligibility for coverage or
20authorization to proceed under a general permit or a registration permit.
AB1-ASA1,59,3
21(10) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281,
22283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
23to an approval identified under sub. (3), the department shall approve or deny any
24application for an approval identified under sub. (3) to which sub. (9) does not apply
25within 60 days after the date on which the application is considered to be complete
1under sub. (4), unless the application is for an individual permit for which federal law
2requires the opportunity for public comment or the ability to request a public hearing
3prior to issuance of the approval.
AB1-ASA1,59,144
(b) The department shall publish a class 1 notice, under ch. 985, and shall
5publish notice on the department's Internet site, that describes the availability of
6information concerning the activity for which an approval described in par. (a) is
7required, its proposed decision, its draft approval, information or summaries related
8to the approval, the department's analyses and preliminary determinations relating
9to the approval, the preapplication description under s. 295.46, any additional
10information that a law concerning the approval requires to be made available, and
11the opportunity to submit written comments within 30 days after the date of the
12publication of the notice. The date on which the department first publishes the notice
13on its Internet site shall be considered the date of the publication of the notice
14required to be published under this paragraph.
AB1-ASA1,59,2215
(c) In the notice under par. (b), the department shall also specify the date, time,
16and location of the public informational hearing under par. (e). The department shall
17send the notice to any person to whom the department is required to give notice of
18any proposed determination, application, or hearing concerning an approval
19described in par. (a) under the laws relating to the issuance of the approval and to
20any person who has requested notice. The department's notice to interested persons
21under this paragraph may be given through an electronic notification system
22established by the department.
AB1-ASA1,60,423
(d) If there is more than one approval described in par. (a), the department shall
24issue one notice and coordinate the public comment period for all of the approvals.
25If possible, the department shall coordinate the notice and the public comment
1period for an approval that is an individual permit for which federal law requires the
2opportunity for public comment or the ability to request a public hearing prior to
3issuance of the approval with notice and the public comment period for the approvals
4described in par. (a).
AB1-ASA1,60,155
(e) The department shall hold a public informational hearing within 30 days
6after the date of the publication of the notice under par. (b). The department shall
7hold the public informational hearing in the county where the majority of the
8proposed bulk sampling site is located. If there is more than one approval described
9in par. (a), the department shall hold a single public informational hearing covering
10all of the approvals and the preapplication description under s. 295.46. If possible,
11the department shall include consideration of an approval that is an individual
12permit for which federal law requires the opportunity for public comment or the
13ability to request a public hearing prior to issuance of the approval in the public
14informational hearing under this paragraph. The public informational hearing
15under this paragraph is not a contested case hearing under ch. 227.
AB1-ASA1,60,22
16(10g) (a) If it is not possible to coordinate the public comment period and public
17informational hearing for an approval that is an individual permit for which federal
18law requires the opportunity for public comment or the ability to request a public
19hearing prior to issuance of the approval with the public comment period and public
20informational hearing under sub. (10), the department shall issue a separate public
21notice and hold a separate public informational hearing for the approval in
22accordance with the law governing the approval.
AB1-ASA1,61,223
(b) The department shall approve or deny the application for an approval that
24is an individual permit for which federal law requires the opportunity for public
25comment or the ability to request a public hearing prior to issuance of the approval
1within 180 days after the date on which the application is considered to be complete
2under sub. (4).
AB1-ASA1,61,4
3(10r) An approval identified under sub. (3) is issued upon mailing and is final
4and effective upon issuance.
AB1-ASA1,61,7
5(11) The department is not required to prepare an environmental impact
6statement or an environmental assessment for an approval required for bulk
7sampling.
AB1-ASA1,61,15
8295.46 Preapplication description. (1) A person who files a bulk sampling
9plan under s. 295.45 with regard to a proposed mining project shall file, together with
10the bulk sampling plan, a general description of the proposed mining project. A
11person who proposes to engage in a mining project, but who does not file a bulk
12sampling plan, shall file a general description of the proposed mining project with
13the department at the time that the person provides the notice of intent to file an
14application for a mining permit under s. 295.465. The general description shall
15include all of the following:
AB1-ASA1,61,1616
(a) A description of the proposed mining site.
AB1-ASA1,61,1717
(b) A map that shows all of the following:
AB1-ASA1,61,1918
1. The boundaries of the area of land that will be affected by the proposed
19mining project.
AB1-ASA1,61,2120
2. The location and names of all streams, roads, railroads, pipelines, and utility
21lines on or within 1,000 feet of the proposed mining site.
AB1-ASA1,61,2222
3. The name or names of the owner or owners of the proposed mining site.
AB1-ASA1,61,2523
4. The name of each city, village, or town in which the proposed mining site is
24located and the name of any other city, village, or town that is located within 3 miles
25of the proposed mining site.
AB1-ASA1,62,2
15. The federal natural resources conservation service land capabilities
2classifications of the area affected by the proposed mining project.
AB1-ASA1,62,33
6. The elevation of the water table.
AB1-ASA1,62,64
(c) A general description of the nature, extent, and final configuration of the
5proposed excavation and mining site, including an estimate of the production of
6tailings, waste rock, and other refuse and the location of their disposal.
AB1-ASA1,62,87
(d) A general conceptual description of the likely operating procedures of the
8proposed mining project.
AB1-ASA1,62,109
(e) The likely location, and a general description, of the excavation, waste site,
10and processing facilities relating to the proposed mining project.
AB1-ASA1,62,22
11(2) (a) If the department provides notice to an applicant under s. 295.45 (3) that
12no approvals are required for bulk sampling or if a person who proposes to engage
13in a mining project files a preapplication description of the proposed mining project
14at the time that the person provides the notice of intent to file an application for a
15mining permit under s. 295.465 because the person did not file a bulk sampling plan,
16the department shall publish a class 1 notice, under ch. 985, and shall publish notice
17on the department's Internet site, of a public informational hearing on the proposed
18mining project. The date on which the department first publishes the notice on its
19Internet site shall be considered the date of the publication of the notice required to
20be published under this paragraph. The department shall publish the notice when
21it notifies the applicant that no approvals are required or after it receives the notice
22of intent.
AB1-ASA1,62,2323
(b) In a notice under par. (a), the department shall do all of the following:
AB1-ASA1,62,2424
1. Describe the availability of the preapplication description.
AB1-ASA1,63,2
12. Describe the opportunity to submit written comments within 30 days after
2the date of the publication of the notice.
AB1-ASA1,63,33
3. Specify the date, time, and location of the public informational hearing.
AB1-ASA1,63,44
(c) The department shall send a notice under par. (a) to all of the following:
AB1-ASA1,63,65
1. The clerk of any city, village, town, or county within which any part the
6proposed mining site lies.
AB1-ASA1,63,87
2. The clerk of any city, village, or town, contiguous to any city, village, or town
8within which any portion of the proposed mining site is located.
AB1-ASA1,63,109
3. Any regional planning commission for the area within which the affected
10area lies.
AB1-ASA1,63,1211
4. Any state agency that the department knows may be required to grant a
12permit or other authorization necessary for the proposed mining project.
AB1-ASA1,63,1513
5. Any interested person who has requested notification. The department's
14notice under this subdivision may be given through an electronic notification system
15established by the department.
AB1-ASA1,63,1916
(d) The department shall hold a public informational hearing within 30 days
17after the date of the publication of the notice under par. (a). The department shall
18hold the public informational hearing in the county in which the majority of the
19proposed mining site is located.
AB1-ASA1,64,2
20295.465 Preapplication notification.
(1) Except as provided in sub. (3), at
21least 12 months before filing an application for a mining permit under s. 295.47, a
22person proposing to engage in a mining project shall notify the department and the
23U.S. Army Corps of Engineers in writing of the intention to file an application for a
24mining permit. After receiving the notification, the department shall hold at least
25one meeting with the person to make a preliminary assessment of the project's scope,
1to make an analysis of alternatives, to identify potential interested persons, and to
2ensure that the person making the proposal is aware of all of the following: