NR 131.07(2) (2) Details of the nature, extent and final configuration of the proposed excavation and project site including location and total production of refuse, and nature and depth of overburden.
NR 131.07(3) (3) Details of the proposed operating procedures which may be furnished by reference to documents submitted pursuant to ch. NR 182 including:
NR 131.07(3)(a) (a) Prospecting operating sequence.
NR 131.07(3)(b) (b) Handling of overburden materials.
NR 131.07(3)(c) (c) Prospecting waste production, loading, transportation, storage and final disposition.
NR 131.07(3)(d) (d) Bulk sample production, loading, transportation, storage and final disposition.
NR 131.07(3)(e) (e) Ground and surface water management techniques including provisions for erosion prevention and drainage control and a detailed water management plan showing source, flow paths and rates, storage volumes and release points.
NR 131.07(3)(f) (f) Plans for collection, treatment and discharge of any water resulting from the operation.
NR 131.07(3)(g) (g) Plans for air quality protection pursuant to ch. 285, Stats.
NR 131.07(3)(h) (h) The applicant shall prepare a risk assessment of possible accidental health and environmental hazards potentially associated with the prospecting operation. Contingency measures with respect to these risks and hazards, and the assumption in this assessment, shall be explicitly stated.
NR 131.07(3)(i) (i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions including the movement or accumulation of toxic wastes in ground and surface water, soils, and vegetation and other consequences of the operation of importance to public health, safety and welfare.
NR 131.07(3)(j) (j) Description of all surface facilities associated with the prospecting site.
NR 131.07(3)(k) (k) Description of all geological/geotechnical investigations and drilling programs.
NR 131.07(4) (4) Evidence satisfactory to the department that the proposed prospecting operation will be consistent with the reclamation plan and will comply with the following minimum standards:
NR 131.07(4)(a) (a) Grading and stabilization of excavation, sides, and benches to conform with state and federal environmental and safety requirements and to prevent erosion and environmental pollution.
NR 131.07(4)(b) (b) Grading and stabilization of deposits of refuse in conformance with state and federal safety and environmental requirements and solid waste laws and regulations.
NR 131.07(4)(c) (c) Stabilization of merchantable by-products.
NR 131.07(4)(d) (d) Adequate diversion and drainage of water from the prospecting site to prevent erosion and contamination of surface and groundwaters.
NR 131.07(4)(e) (e) Backfilling of excavations where such procedure will not interfere with the prospecting operation.
NR 131.07(4)(f) (f) Handling and storage of all materials on the prospecting site in an environmentally sound manner as determined by the department. Materials not licensed pursuant to ch. NR 182 but deemed by the department to present a potential threat to the environment shall be subject to the waste characterization analysis procedure set forth in s. NR 182.08 (2) (b).
NR 131.07(4)(g) (g) Removal and stockpiling, or other measures to protect topsoils consistent with environmental considerations and reclamation, prior to prospecting, unless the department determines that such actions will be environmentally undesirable.
NR 131.07(4)(h) (h) Maintenance of adequate vegetative cover where feasible to prevent erosion.
NR 131.07(4)(i) (i) Impoundment of water where necessary in a safe and environmentally acceptable manner.
NR 131.07(4)(j) (j) Adequate planning of the site to achieve the aesthetic standards for the prospecting site described in ss. NR 131.17 and 131.18 (1) (e).
NR 131.07(4)(k) (k) Identification and prevention of pollution as defined in s. 281.01 (10), Stats., resulting from leaching of waste materials in accordance with state and federal solid waste laws and regulations.
NR 131.07(4)(L) (L) Identification and prevention of significant environmental pollution as defined in s. 283.01 (6m), Stats.
NR 131.07(4)(m) (m) Maintenance of appropriate emergency procedures to minimize damage to public health, safety, welfare and the environment from events described under sub. (3) (h).
NR 131.07(5) (5) Submission of a plan for a preblasting survey. This survey shall be completed and submitted to the department prior to any blasting.
NR 131.07 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (1), (3) (g), (4) (j), (k), (L) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.08 NR 131.08 Reclamation plan. The reclamation plan for the prospecting site shall include the following:
NR 131.08(1) (1) Detailed information and maps on reclamation procedures including:
NR 131.08(1)(a) (a) Manner, location, sequence and anticipated duration of reclamation.
NR 131.08(1)(b) (b) Ongoing reclamation procedures during prospecting operation.
NR 131.08(1)(c) (c) Proposed interim and final topography and slope stabilization.
NR 131.08(1)(d) (d) Proposed final land use and relationship to surrounding land and land use.
NR 131.08(1)(e) (e) Plans for long-term maintenance of prospecting site including:
NR 131.08(1)(e)1. 1. Monitoring of wastes and ground and surface water quality.
NR 131.08(1)(e)2. 2. Names of persons legally and operationally responsible for long-term maintenance.
NR 131.08(1)(f) (f) Projected costs of reclamation including estimated cost to the state of fulfilling the reclamation plan.
NR 131.08(1)(g) (g) Alternative plans for reclamation of the prospecting site if all or part of the site is to become part of a mining site.
NR 131.08(2) (2) Evidence satisfactory to the department that the proposed reclamation will conform with the following minimum standards:
NR 131.08(2)(a) (a) All toxic and hazardous wastes, refuse, tailings and other solid waste shall be disposed of in conformance with applicable state and federal statutes and regulations.
NR 131.08(2)(b) (b) All tunnels, shafts or other underground openings shall be sealed in a manner which will prevent seepage of water in amounts which may be expected to create a safety, health or environmental hazard, unless the applicant can demonstrate alternative uses which do not endanger public health and safety and which conform to applicable environmental protection and mine safety laws and rules.
NR 131.08(2)(c) (c) All underground and surface runoff waters from prospecting sites shall be managed, impounded or treated so as to prevent soil erosion to the extent practicable, flooding, damage to agricultural lands or livestock, damage to wild animals, pollution of ground or surface waters, damage to public health or threats to public safety.
NR 131.08(2)(d) (d) All surface structures constructed as part of the prospecting activities shall be removed, unless they are converted to an acceptable alternate use.
NR 131.08(2)(e) (e) Adequate measures shall be taken to prevent significant surface subsidence, but if such subsidence does occur, the affected area shall be reclaimed.
NR 131.08(2)(f) (f) All topsoil from surface areas disturbed by the prospecting operation shall be removed and stored in an environmentally acceptable manner for use in reclamation.
NR 131.08(2)(g) (g) All disturbed surface areas shall be revegetated as soon as practicable after the disturbance to stabilize slopes and prevent air and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to prospecting, unless such reestablishment is inconsistent with the provisions of s. 293.01 (23), Stats. Plant species not indigenous to the area may be used if necessary to provide rapid stabilization of slopes and prevention of erosion, if such species are acceptable to the department, but the ultimate goal of reestablishment of indigenous species shall be maintained.
NR 131.08(3) (3) If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the affected area to its original state, the reasons therefor and a discussion of alternative conditions and uses to which the affected area can be put.
NR 131.08 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; correction in (2) (g) made under s. 13.92 (4) (b) 7. Stats., Register March 2011 No. 663.
NR 131.09 NR 131.09Issuance.
NR 131.09(1) (1) Unless denied pursuant to s. NR 131.10 the department shall issue a prospecting permit to the applicant within 90 days following the date of completion of the public hearing record.
NR 131.09(2) (2) After issuance of the permit but prior to commencing prospecting, the operator shall file with the department the following:
NR 131.09(2)(a) (a) As required by s. 293.51, Stats., a bond or other security payable to the department conditioned upon faithful performance of all requirements of ch. 293, Stats., and the provisions of this chapter.
NR 131.09(2)(a)1. 1. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation shall be determined by the department on the basis of those factors listed in s. NR 131.07. In lieu of a bond, the operator may deposit cash, certificates of deposit or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The department may increase the amount of the bond, cash, certificates of deposit or government securities in lieu of the procedures contained in s. NR 131.12 (2), in order to assure adequate financing for the reclamation plan.
NR 131.09(2)(a)2. 2. The bond shall be issued by a surety company licensed to do business in Wisconsin. If the surety company's license to do business is revoked or suspended, the operator, within 30 days after receiving written notice thereof from the department, shall substitute surety underwritten by a surety company licensed to do business in Wisconsin. Upon failure of the operator to make a substitution, the department shall suspend the operator's prospecting permit until substitution has been made.
NR 131.09(2)(a)3. 3. Each bond shall provide that the bond shall not be canceled by the surety, except after not less than 90 days notice to the department in writing by registered or certified mail. Not less than 30 days prior to the expiration of the 90 day notice of cancellation, the operator shall deliver to the department a replacement bond in the absence of which all prospecting shall cease.
NR 131.09(2)(b) (b) A certificate of insurance certifying that the operator has in force a liability insurance policy issued by an insurance company authorized to do business in this state or in lieu of a certificate of insurance, evidence that the operator has satisfied state or federal self-insurance requirements covering all prospecting of the operator in this state and affording personal injury and property damage protection in a total amount deemed adequate by the department but not less than $50,000.
NR 131.09(3) (3) Upon receipt of satisfactory reclamation bond and the certificate of insurance, the department shall give written authorization to the operator to commence prospecting in accordance with the prospecting and reclamation plans.
NR 131.09 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (2) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.10 NR 131.10 Denial.
NR 131.10(1)(1) The department shall deny a prospecting permit if it finds any of the following:
NR 131.10(1)(a) (a) The prospecting site is unsuitable for prospecting.
NR 131.10(1)(b) (b) The prospecting site is unsuitable for surface mining absent a certification not to surface mine.
NR 131.10(1)(c) (c) The prospecting plan and the reclamation plan will not comply with the minimum standards for prospecting and reclamation as provided in ss. NR 131.07 and 131.08.
NR 131.10(1)(d) (d) The applicant is in violation of ch. 293, Stats., and the provisions of this chapter.
NR 131.10(1)(e) (e) The applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state.
NR 131.10(1)(f) (f) Any officer or director of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40% interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state.
NR 131.10(1)(g) (g) The proposed prospecting operation may reasonably be expected to create any of the following situations:
NR 131.10(1)(g)1. 1. Landslides or substantial deposition from the proposed operation in stream or lake beds which cannot be feasibly prevented.
NR 131.10(1)(g)2. 2. Significant surface subsidence which cannot be reclaimed because of the geologic characteristics present at the proposed site.
NR 131.10(1)(g)3. 3. Hazards resulting in irreparable damage to any of the following, which cannot be prevented under the requirements of ch. 293, Stats., avoided to the extent applicable by removal from the area of hazard or mitigated by purchase or by obtaining the consent of the owner:
NR 131.10(1)(g)3.a. a. Dwelling houses.
NR 131.10(1)(g)3.b. b. Public buildings.
NR 131.10(1)(g)3.c. c. Schools.
NR 131.10(1)(g)3.d. d. Churches.
NR 131.10(1)(g)3.e. e. Cemeteries.
NR 131.10(1)(g)3.f. f. Commercial or institutional buildings.
NR 131.10(1)(g)3.g. g. Public roads.
NR 131.10(1)(g)3.h. h. Other public property designated by the department.
NR 131.10(1)(g)4. 4. Irreparable environmental damage to lake or stream bodies despite adherence to the requirements of ch. 293, Stats. This subdivision does not apply to an activity which the department has authorized pursuant to statute, except that the destruction or filling in of a lake bed shall be authorized notwithstanding any other provision of the law.
NR 131.10(2) (2) If an application for a prospecting permit is denied, the department, within 30 days from date of application denial, shall furnish the operator in writing the reasons for the denial.
NR 131.10 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (1) (d), (g) 3., 4. made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.11 NR 131.11 Monitoring.
NR 131.11(1)(1) The operator shall monitor the prospecting site in accordance with the monitoring plan contained in the prospecting permit. The department may require the operator to perform additional monitoring of environmental changes during the course of the permitted activity and for such additional periods of time as is necessary to satisfactorily complete reclamation.
NR 131.11(2) (2) The department may monitor environmental changes concurrently with the operator as stated in sub. (1) and for an additional period of time after the full bond is released pursuant to s. 293.63 (5), Stats.
NR 131.11(3)(a)(a) Baseline data and monitoring data including the monitoring plan shall be reviewed at the time of annual permit review, or at such time as the operator requests any modification of the prospecting permit or reclamation plan.
NR 131.11(3)(b) (b) Baseline data and monitoring data shall be considered by the department in all enforcement actions including issuance of a stop order to an operator, requiring an immediate cessation of prospecting, in whole or in part, at any time that the department determines that there exists an immediate substantial threat to public health and safety or the environment.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.