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:
AB1-ASA1,64,43
(a) The approvals, including the filing requirements for the approvals, that the
4person may be required to obtain for the mining project.
AB1-ASA1,64,75
(b) The requirements for submission of an environmental impact report and for
6submission of any other information required by the department to prepare an
7environmental impact statement under s. 295.53.
AB1-ASA1,64,98
(c) The information the department will require to enable the department to
9process the application for the mining permit in a timely manner.
AB1-ASA1,64,11
10(2) Within 60 days of a meeting under sub. (1), the department shall provide
11all of the following to the person:
AB1-ASA1,64,1212
(a) A detailed written summary of the requirements under sub. (1) (a) to (c).
AB1-ASA1,64,1613
(b) Any available information relevant to the potential impacts of the mining
14project on rare, threatened, or endangered species and historic or cultural resources
15and any other information relevant to potential impacts that may occur from the
16project that are required to be considered under s. 1.11.
AB1-ASA1,64,2517
(c) Available information to evaluate the environmental impact of the project
18and to expedite the preparation of the environmental impact report and the
19environmental impact statement, including information concerning preliminary
20environmental reviews, field studies, and investigations; monitoring programs to
21establish baseline water quality; laboratory studies and investigations; advisory
22services; and the timing and the processes associated with any necessary
23consultations with other state or federal agencies and within the department, such
24as those required for endangered resources and cultural resource consultations and
25approvals.
AB1-ASA1,65,4
1(3) A person who files an application under s. 295.47 for a mining proposal is
2not required to provide notice under sub. (1) if the person files the application no
3more than one year after the department denied the person's application for the same
4mining proposal.
AB1-ASA1,65,8
5(4) After providing notice to the U.S. Army Corps of Engineers under sub. (1),
6a person shall make a good faith effort to meet with the U.S. Army Corps of Engineers
7to discuss the mining project, the environmental impact report, and information
8related to federal requirements that may be applicable to the mining project.
AB1-ASA1,65,13
9(5) After receiving notice under sub. (1), the department shall seek to enter into
10a memorandum of understanding with any federal regulatory agency with
11responsibilities related to the potential mining operation covering timelines,
12sampling metrology, and any other issue of mutual concern related to processing an
13application for a mining permit.
AB1-ASA1,66,3
14295.47 Application for mining permit.
(1) (a) No person may engage in
15mining or reclamation at any mining site unless the mining site is covered by a
16mining permit and by written authorization to mine under s. 295.59 (3). An
17applicant shall submit an application for a mining permit to the department in
18writing and in reproducible form and shall provide the number of copies that are
19requested by the department. An application and a mining permit are required for
20each separate mining site. The applicant shall distribute copies of the application
21to the clerk of any city, village, town, or county with zoning jurisdiction over the
22proposed site, to the clerk of any city, village, town, or county within whose
23boundaries any portion of the proposed mining site is located, to the elected
24governing body of any federally recognized American Indian tribe or band with a
25reservation the boundaries of which are within 20 miles of the proposed site, and to
1the main public library of each city, village, town, or county with zoning jurisdiction
2over the proposed site or within whose boundaries any portion of the proposed site
3is located.
AB1-ASA1,66,74
(am) For the purposes of s. 295.57 (7) (a), as part of the application for a mining
5permit, an applicant may specify a deadline for the department to act on the mining
6permit that is more than 420 days after the day on which the application is
7administratively complete under s. 295.57 (2).
AB1-ASA1,66,118
(b) If a person proposes to conduct mining at a mining site that includes an
9abandoned mining site, the person shall include plans for reclamation of the
10abandoned mining site, or the portion of the abandoned mining site that is included
11in the mining site, in its mining plan and reclamation plan.
AB1-ASA1,66,13
12(2) As a part of each application for a mining permit, the applicant shall furnish
13all of the following:
AB1-ASA1,66,1414
(a) A mining plan under s. 295.48.
AB1-ASA1,66,1515
(b) A reclamation plan under s. 295.49.
AB1-ASA1,66,1616
(c) A mining waste site feasibility study and plan of operation under s. 295.51.
AB1-ASA1,66,1917
(e) The name and address of each owner of land within the mining site and each
18person known by the applicant to hold any option or lease on land within the mining
19site.
AB1-ASA1,66,2020
(f) A list of all mining permits in this state held by the applicant.
AB1-ASA1,66,2421
(g) Evidence the applicant has applied or will apply for necessary permits or
22other permissions under all applicable zoning ordinances and that the applicant has
23applied or will apply to the department for any approval and has applied or will apply
24for any other license or permit required under state law.
AB1-ASA1,67,2
1(h) 1. The information specified in subd. 2. concerning the occurrence of any of
2the following within 10 years before the application is submitted:
AB1-ASA1,67,73
a. A forfeiture by the applicant, principal shareholder of the applicant, or a
4related person of a mining reclamation bond that was sufficient to cover all costs of
5reclamation and was posted in accordance with a permit or other approval for a
6mining operation in the United States, unless the forfeiture was by agreement with
7the entity for whose benefit the bond was posted.
AB1-ASA1,67,108
b. A felony conviction of the applicant, a related person, or an officer or director
9of the applicant for a violation of a law for the protection of the natural environment
10arising out of the operation of a mining site in the United States.
AB1-ASA1,67,1311
c. The bankruptcy or dissolution of the applicant or a related person that
12resulted in the failure to reclaim a mining site in the United States in violation of a
13state or federal law.
AB1-ASA1,67,1714
d. The permanent revocation of a mining permit or other mining approval
15issued to the applicant or a related person if the permit or other mining approval was
16revoked because of a failure to reclaim a mining site in the United States in violation
17of state or federal law.
AB1-ASA1,67,1918
2. The applicant shall specify the name and address of the person involved in
19and the date and location of each occurrence described in subd. 1.
AB1-ASA1,67,2120
(i) A description of any land contiguous to the proposed mining site that the
21applicant owns or leases or has an option to purchase or lease.
AB1-ASA1,67,2322
(j) Any other pertinent information that the applicant believes may be useful
23to the department.
AB1-ASA1,68,4
24295.48 Mining plan. (1)
General. An applicant for a mining permit shall
25submit as part of the application a mining plan that includes a description of the
1proposed mining site and either a detailed map drawn to a scale approved by the
2department or aerial photographs, if the photographs show the details to the
3satisfaction of the department, prepared and certified by a competent engineer,
4surveyor, or other person approved by the department that show all of the following:
AB1-ASA1,68,55
(a) The boundaries of the area of land that will be affected.
AB1-ASA1,68,66
(b) The drainage area above and below the area that will be affected.
AB1-ASA1,68,87
(c) The location and names of all streams, roads, railroads, pipelines, and
8utility lines on or within 1,000 feet of the mining site.
AB1-ASA1,68,99
(d) The name or names of the owner or owners of the mining site.
AB1-ASA1,68,1110
(e) The name of the city, village, or town in which the mining site is located and
11the name of any other city, village, or town that is within 3 miles of the mining site.
AB1-ASA1,68,13
12(2) Descriptive data. The applicant shall provide descriptive data to
13accompany the map or photographs under sub. (1), including all of the following:
AB1-ASA1,68,1514
(a) The federal natural resources conservation service land capabilities
15classifications of the affected area.
AB1-ASA1,68,1616
(b) The elevation of the water table.