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 131.08Reclamation 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 131.10Denial.
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 131.11Monitoring.
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.
NR 131.11(3)(c) (c) If the analyses of samples indicate that the quality of the groundwater is statistically significantly different from either baseline or background the owner shall notify the department immediately.
NR 131.11(4) (4) Any request for modification of the monitoring plan contained in the prospecting permit shall comply with the procedures in s. NR 131.12.
NR 131.11(5) (5) Bacteriological analyses of water samples, and all radiological analyses, shall be performed by the state laboratory of hygiene or at a laboratory certified or approved by the department of health and social services. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149. The following tests are excluded from this requirement:
NR 131.11(5)(a) (a) Physical testing of soil,
NR 131.11(5)(b) (b) Air quality tests,
NR 131.11(5)(d) (d) Chlorine residual,
NR 131.11(5)(e) (e) Temperature.
NR 131.11 Note Note: The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.
NR 131.11 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; cr. (5) Register, April, 1986, No. 363, eff. 8-28-86; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.12 NR 131.12Permit review and modification.
NR 131.12(1) (1) Eighteen months after the issuance of a prospecting permit and annually thereafter until prospecting ceases, the department shall review the operator's prospecting permit, reclamation plan and bond to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit and technological currency.
NR 131.12(2) (2) If the department after review determines that the plan should be modified or the bond amount changed, the department shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modification or changes shall be deemed accepted.
NR 131.12(3)(a)(a) If the permit holder desires to modify the permit, an amended application shall be submitted to the department on forms provided by the department. If the proposed amendment substantially changes the scope of the original prospecting proposal, the department shall process the amended application in the same manner as an original application for a prospecting permit.
NR 131.12(3)(b) (b) If the amended application is to cancel any or all of a prospecting site where no prospecting has taken place, the department shall order the release of the bond or security or portions thereof posted on the land being removed from the permitted prospecting site and cancel or amend the operator's prospecting permit.
NR 131.12 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 131.13 NR 131.13Certificates of completion and bond release.
NR 131.13(1)(1) Not less than 2 years after notification to the department of completion of the reclamation plan, the operator may petition the department to reduce the amount of the bond. After public hearing conducted pursuant to s. 293.43, Stats., the department shall issue a certificate of completion provided the operator has fulfilled its duties under the reclamation plan.
NR 131.13(2) (2) Upon issuance of a certificate of completion, the department shall reduce the amount of the bond or security to an amount equal to the estimated cost of reclamation of the portion of the prospecting site for which a certificate of completion has not been issued.
NR 131.13(3) (3) Upon issuance of a certificate or certificates of completion of reclamation for the entire prospecting site, the department shall require the operator to maintain a bond equal to at least 10% of the cost to the state of reclaiming the entire prospecting site.
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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.