AB1,84,21 14(10) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 31, 169, 281,
15283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
16to an approval identified under sub. (3), the department shall approve or deny any
17application for an approval identified under sub. (3) to which sub. (9) does not apply
18within 60 days after the date on which the application is considered to be complete
19under sub. (4), unless the application is for an individual permit for which federal law
20requires the opportunity for public comment or the ability to request a public hearing
21prior to issuance of the approval.
AB1,85,722 (b) The department shall publish a class 1 notice, under ch. 985, and shall
23publish notice on the department's Internet site, that describes the availability of
24information concerning the activity for which an approval described in par. (a) is
25required, its proposed decision, its draft approval, information or summaries related

1to the approval, the department's analyses and preliminary determinations relating
2to the approval, the preapplication description under s. 295.46, any additional
3information that a law concerning the approval requires to be made available, and
4the opportunity to submit written comments within 30 days after the date of the
5publication of the notice. The date on which the department first publishes the notice
6on its Internet site shall be considered the date of the publication of the notice
7required to be published under this paragraph.
AB1,85,158 (c) In the notice under par. (b), the department shall also specify the date, time,
9and location of the public informational hearing under par. (e). The department shall
10send the notice to any person to whom the department is required to give notice of
11any proposed determination, application, or hearing concerning an approval
12described in par. (a) under the laws relating to the issuance of the approval and to
13any person who has requested notice. The department's notice to interested persons
14under this paragraph may be given through an electronic notification system
15established by the department.
AB1,85,2216 (d) If there is more than one approval described in par. (a), the department shall
17issue one notice and coordinate the public comment period for all of the approvals.
18If possible, the department shall coordinate the notice and the public comment
19period for an approval that is an individual permit for which federal law requires the
20opportunity for public comment or the ability to request a public hearing prior to
21issuance of the approval with notice and the public comment period for the approvals
22described in par. (a).
AB1,86,823 (e) The department shall hold a public informational hearing within 30 days
24after the date of the publication of the notice under par. (b). The department shall
25hold the public informational hearing in the county where the majority of the

1proposed bulk sampling site is located. If there is more than one approval described
2in par. (a), the department shall hold a single public informational hearing covering
3all of the approvals and the preapplication description under s. 295.46. If possible,
4the department shall include consideration of an approval that is an individual
5permit for which federal law requires the opportunity for public comment or the
6ability to request a public hearing prior to issuance of the approval in the public
7informational hearing under this paragraph. The public informational hearing
8under this paragraph is not a contested case hearing under ch. 227.
AB1,86,15 9(10g) (a) If it is not possible to coordinate the public comment period and public
10informational hearing for an approval that is an individual permit for which federal
11law requires the opportunity for public comment or the ability to request a public
12hearing prior to issuance of the approval with the public comment period and public
13informational hearing under sub. (10), the department shall issue a separate public
14notice and hold a separate public informational hearing for the approval in
15accordance with the law governing the approval.
AB1,86,2016 (b) The department shall approve or deny the application for an approval that
17is an individual permit for which federal law requires the opportunity for public
18comment or the ability to request a public hearing prior to issuance of the approval
19within 180 days after the date on which the application is considered to be complete
20under sub. (4).
AB1,86,22 21(10r) An approval identified under sub. (3) is issued upon mailing and is final
22and effective upon issuance.
AB1,86,25 23(11) The department is not required to prepare an environmental impact
24statement or an environmental assessment for an approval required for bulk
25sampling.
AB1,87,8
1295.46 Preapplication description. (1) A person who files a bulk sampling
2plan under s. 295.45 with regard to a proposed mining project shall file, together with
3the bulk sampling plan, a general description of the proposed mining project. A
4person who proposes to engage in a mining project, but who does not file a bulk
5sampling plan, shall file a general description of the proposed mining project with
6the department at the time that the person provides the notice of intent to file an
7application for a mining permit under s. 295.465. The general description shall
8include all of the following:
AB1,87,99 (a) A description of the proposed mining site.
AB1,87,1010 (b) A map that shows all of the following:
AB1,87,1211 1. The boundaries of the area of land that will be affected by the proposed
12mining project.
AB1,87,1413 2. The location and names of all streams, roads, railroads, pipelines, and utility
14lines on or within 1,000 feet of the proposed mining site.
AB1,87,1515 3. The name or names of the owner or owners of the proposed mining site.
AB1,87,1816 4. The name of each city, village, or town in which the proposed mining site is
17located and the name of any other city, village, or town that is located within 3 miles
18of the proposed mining site.
AB1,87,2019 5. The federal natural resources conservation service land capabilities
20classifications of the area affected by the proposed mining project.
AB1,87,2121 6. The elevation of the water table.
AB1,87,2422 (c) A general description of the nature, extent, and final configuration of the
23proposed excavation and mining site, including an estimate of the production of
24tailings, waste rock, and other refuse and the location of their disposal.
AB1,88,2
1(d) A general conceptual description of the likely operating procedures of the
2proposed mining project.
AB1,88,43 (e) The likely location, and a general description, of the excavation, waste site,
4and processing facilities relating to the proposed mining project.
AB1,88,16 5(2) (a) If the department provides notice to an applicant under s. 295.45 (3) that
6no approvals are required for bulk sampling or if a person who proposes to engage
7in a mining project files a preapplication description of the proposed mining project
8at the time that the person provides the notice of intent to file an application for a
9mining permit under s. 295.465 because the person did not file a bulk sampling plan,
10the department shall publish a class 1 notice, under ch. 985, and shall publish notice
11on the department's Internet site, of a public informational hearing on the proposed
12mining project. The date on which the department first publishes the notice on its
13Internet site shall be considered the date of the publication of the notice required to
14be published under this paragraph. The department shall publish the notice when
15it notifies the applicant that no approvals are required or after it receives the notice
16of intent.
AB1,88,1717 (b) In a notice under par. (a), the department shall do all of the following:
AB1,88,1818 1. Describe the availability of the preapplication description.
AB1,88,2019 2. Describe the opportunity to submit written comments within 30 days after
20the date of the publication of the notice.
AB1,88,2121 3. Specify the date, time, and location of the public informational hearing.
AB1,88,2222 (c) The department shall send a notice under par. (a) to all of the following:
AB1,88,2423 1. The clerk of any city, village, town, or county within which any part the
24proposed mining site lies.
AB1,89,2
12. The clerk of any city, village, or town, contiguous to any city, village, or town
2within which any portion of the proposed mining site is located.
AB1,89,43 3. Any regional planning commission for the area within which the affected
4area lies.
AB1,89,65 4. Any state agency that the department knows may be required to grant a
6permit or other authorization necessary for the proposed mining project.
AB1,89,97 5. Any interested person who has requested notification. The department's
8notice under this subdivision may be given through an electronic notification system
9established by the department.
AB1,89,1310 (d) The department shall hold a public informational hearing within 30 days
11after the date of the publication of the notice under par. (a). The department shall
12hold the public informational hearing in the county in which the majority of the
13proposed mining site is located.
AB1,89,21 14295.465 Preapplication notification. (1) Except as provided in sub. (3), at
15least 12 months before filing an application for a mining permit under s. 295.47, a
16person proposing to engage in a mining project shall notify the department and the
17U.S. Army Corps of Engineers in writing of the intention to file an application for a
18mining permit. After receiving the notification, the department shall hold at least
19one meeting with the person to make a preliminary assessment of the project's scope,
20to make an analysis of alternatives, to identify potential interested persons, and to
21ensure that the person making the proposal is aware of all of the following:
AB1,89,2322 (a) The approvals, including the filing requirements for the approvals, that the
23person may be required to obtain for the mining project.
AB1,90,3
1(b) The requirements for submission of an environmental impact report and for
2submission of any other information required by the department to prepare an
3environmental impact statement under s. 295.53.
AB1,90,54 (c) The information the department will require to enable the department to
5process the application for the mining permit in a timely manner.
AB1,90,7 6(2) Within 60 days of a meeting under sub. (1), the department shall provide
7all of the following to the person:
AB1,90,88 (a) A detailed written summary of the requirements under sub. (1) (a) to (c).
AB1,90,129 (b) Any available information relevant to the potential impacts of the mining
10project on rare, threatened, or endangered species and historic or cultural resources
11and any other information relevant to potential impacts that may occur from the
12project that are required to be considered under s. 1.11.
AB1,90,2113 (c) Available information to evaluate the environmental impact of the project
14and to expedite the preparation of the environmental impact report and the
15environmental impact statement, including information concerning preliminary
16environmental reviews, field studies, and investigations; monitoring programs to
17establish baseline water quality; laboratory studies and investigations; advisory
18services; and the timing and the processes associated with any necessary
19consultations with other state or federal agencies and within the department, such
20as those required for endangered resources and cultural resource consultations and
21approvals.
AB1,90,25 22(3) A person who files an application under s. 295.47 for a mining proposal is
23not required to provide notice under sub. (1) if the person files the application no
24more than one year after the department denied the person's application for the same
25mining proposal.
AB1,91,4
1(4) After providing notice to the U.S. Army Corps of Engineers under sub. (1),
2a person shall make a good faith effort to meet with the U.S. Army Corps of Engineers
3to discuss the mining project, the environmental impact report, and information
4related to federal requirements that may be applicable to the mining project.
AB1,91,19 5295.47 Application for mining permit. (1) (a) No person may engage in
6mining or reclamation at any mining site unless the mining site is covered by a
7mining permit and by written authorization to mine under s. 295.59 (3). An
8applicant shall submit an application for a mining permit to the department in
9writing and in reproducible form and shall provide the number of copies that are
10requested by the department. An application and a mining permit are required for
11each separate mining site. The applicant shall distribute copies of the application
12to the clerk of any city, village, town, or county with zoning jurisdiction over the
13proposed site, to the clerk of any city, village, town, or county within whose
14boundaries any portion of the proposed mining site is located, to the elected
15governing body of any federally recognized American Indian tribe or band with a
16reservation the boundaries of which are within 20 miles of the proposed site, and to
17the main public library of each city, village, town, or county with zoning jurisdiction
18over the proposed site or within whose boundaries any portion of the proposed site
19is located.
AB1,91,2320 (b) If a person proposes to conduct mining at a mining site that includes an
21abandoned mining site, the person shall include plans for reclamation of the
22abandoned mining site, or the portion of the abandoned mining site that is included
23in the mining site, in its mining plan and reclamation plan.
AB1,91,25 24(2) As a part of each application for a mining permit, the applicant shall furnish
25all of the following:
AB1,92,1
1(a) A mining plan under s. 295.48.
AB1,92,22 (b) A reclamation plan under s. 295.49.
AB1,92,33 (c) A mining waste site feasibility study and plan of operation under s. 295.51.
AB1,92,64 (e) The name and address of each owner of land within the mining site and each
5person known by the applicant to hold any option or lease on land within the mining
6site.
AB1,92,77 (f) A list of all mining permits in this state held by the applicant.
AB1,92,118 (g) Evidence the applicant has applied or will apply for necessary permits or
9other permissions under all applicable zoning ordinances and that the applicant has
10applied or will apply to the department for any approval and has applied or will apply
11for any other license or permit required under state law.
AB1,92,1312 (h) 1. The information specified in subd. 2. concerning the occurrence of any of
13the following within 10 years before the application is submitted:
AB1,92,1814 a. A forfeiture by the applicant, principal shareholder of the applicant, or a
15related person of a mining reclamation bond that was sufficient to cover all costs of
16reclamation and was posted in accordance with a permit or other approval for a
17mining operation in the United States, unless the forfeiture was by agreement with
18the entity for whose benefit the bond was posted.
AB1,92,2119 b. A felony conviction of the applicant, a related person, or an officer or director
20of the applicant for a violation of a law for the protection of the natural environment
21arising out of the operation of a mining site in the United States.
AB1,92,2422 c. The bankruptcy or dissolution of the applicant or a related person that
23resulted in the failure to reclaim a mining site in the United States in violation of a
24state or federal law.
AB1,93,4
1d. The permanent revocation of a mining permit or other mining approval
2issued to the applicant or a related person if the permit or other mining approval was
3revoked because of a failure to reclaim a mining site in the United States in violation
4of state or federal law.
AB1,93,65 2. The applicant shall specify the name and address of the person involved in
6and the date and location of each occurrence described in subd. 1.
AB1,93,87 (i) A description of any land contiguous to the proposed mining site that the
8applicant owns or leases or has an option to purchase or lease.
AB1,93,109 (j) Any other pertinent information that the applicant believes may be useful
10to the department.
AB1,93,16 11295.48 Mining plan. (1) General. An applicant for a mining permit shall
12submit as part of the application a mining plan that includes a description of the
13proposed mining site and either a detailed map drawn to a scale approved by the
14department or aerial photographs, if the photographs show the details to the
15satisfaction of the department, prepared and certified by a competent engineer,
16surveyor, or other person approved by the department that show all of the following:
AB1,93,1717 (a) The boundaries of the area of land that will be affected.
AB1,93,1818 (b) The drainage area above and below the area that will be affected.
AB1,93,2019 (c) The location and names of all streams, roads, railroads, pipelines, and
20utility lines on or within 1,000 feet of the mining site.
AB1,93,2121 (d) The name or names of the owner or owners of the mining site.
AB1,93,2322 (e) The name of the city, village, or town in which the mining site is located and
23the name of any other city, village, or town that is within 3 miles of the mining site.
AB1,93,25 24(2) Descriptive data. The applicant shall provide descriptive data to
25accompany the map or photographs under sub. (1), including all of the following:
AB1,94,2
1(a) The federal natural resources conservation service land capabilities
2classifications of the affected area.
AB1,94,33 (b) The elevation of the water table.
AB1,94,64 (c) Details of the nature, extent, and final configuration of the proposed
5excavation and mining site, including the total estimated production of tailings,
6waste rock, and other refuse and the location of their disposal.
AB1,94,77 (d) The nature and depth of the overburden.
AB1,94,10 8(3) Operating procedures. The applicant shall also include in the mining plan
9the details of the proposed operating procedures, including descriptions of all of the
10following:
AB1,94,1111 (a) The sequence of mining operations.
AB1,94,1212 (b) The handling of overburden materials.
AB1,94,1313 (c) The production, handling, and final disposition of tailings.
AB1,94,1514 (d) The milling, concentrating, refining, and other processing of ferrous
15minerals.
AB1,94,1616 (e) The storage, loading, and transportation of the final product.
AB1,94,2017 (f) Groundwater and surface water management techniques, including
18provisions for erosion protection and drainage control, and a water management
19plan showing water sources, flow paths and rates, storage volumes, and release
20points.
AB1,94,2221 (g) Plans for collection, treatment, and discharge of any water resulting from
22the mining.
AB1,94,2323 (h) Plans for protecting air quality under ch. 285.
AB1,94,2424 (hm) A plan for monitoring environmental changes at the mining site.
AB1,95,6
1(hr) An assessment of the risk of the occurrence of an accidental health or
2environmental hazard in connection with the operation of the mine. The assessment
3shall include, with specificity, a description of the assumptions that the applicant
4used in making the risk assessment and the contingency measures that the applicant
5proposes to take in the event that an accidental health or environmental hazard
6occurs.
AB1,95,107 (i) Measures for notifying the public and responsible governmental agencies of
8potentially hazardous conditions, including the movement or accumulation of toxic
9wastes in groundwater and surface water, soils, and vegetation, and other
10consequences of the operation of importance to public health, safety, and welfare.
AB1,95,1211 (j) All surface facilities associated with the mining site and any use of mining
12waste in reclamation or the construction of any facility or structure.
AB1,95,1313 (k) All geological and geotechnical investigations and drilling programs.
AB1,95,1514 (L) A plan for completing and submitting a preblasting survey to the
15department before any blasting is conducted.
AB1,95,18 16(4) Required demonstrations. The applicant shall demonstrate in the mining
17plan that the proposed mining will be consistent with the reclamation plan under s.
18295.49 and that all of the following will apply, at a minimum:
AB1,95,2019 (a) Handling and storage of all materials on the mining site will be done in an
20environmentally sound manner.
AB1,96,221 (b) Buildings and other structures will be painted and maintained in a manner
22that is visually compatible with the surrounding vegetational and earth conditions,
23except that if a building or other structure cannot be painted and maintained in a
24manner that is visually compatible or if painting and maintaining a building or other

1structure in a manner that is visually compatible would cause safety concerns, the
2building or structure will be made as visually inconspicuous as is practicable.
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