Other areas of a type designated as unique or unsuitable for surface mining.
“Waste rock" means consolidated material which has been excavated during the mining process but is not of sufficient value to constitute ore.
“Wetlands" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
NR 132.03 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; corrections in (3), (13), (21), and (22) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529
; CR 13-057
: am. (8), renum. (9) to (15m) and am., am. (11), (14), (17), (23) Register July 2015 No. 715
, eff. 8-1-15.
NR 132.05 Notification of intent to collect data. NR 132.05(1)(1)
Any person intending to submit an application for a mining permit shall notify the department by registered mail prior to the collection of data or information intended to be used to support the permit application.
The notice shall contain the following information:
The name, address and telephone number of the person submitting the notice of intent.
A map showing the approximate location of the mining site.
Specific environmental data which were obtained, collected or generated prior to the notice of intent to collect data together with any substantiating background information which would assist the department in establishing the validity of the data. The substantiating background information shall include but not be limited to the following:
Persons obtaining, collecting and generating the data and their qualifications.
Permits, licenses and approvals that were in effect when the data and information were obtained, collected and generated prior to the notice of intent to collect data.
A preliminary project description addressing the following:
A description of the ore body including available details on size, shape, and mineralogic composition.
To the extent possible, a description of the anticipated mining and processing methods and wastes expected to be generated.
If applicant so desires, a proposed scope of study including such information as required under sub. (7) (a)
, if such information is available to the applicant.
Quality assurance program employed in obtaining, collecting, generating and evaluating all baseline data.
Within 10 days of receipt of the notification under this section, the department shall give notice of a public informational hearing to be held not less than 45 nor more than 90 days after the notice is given. This notice shall be given by mail to the applicant, to any known state agency required to issue a permit for the proposed operation, to the regional planning commission for the affected areas, to the county, city, village, town and tribal government within which any part of the affected area lies and to all persons who have requested such notice. The hearing shall be a public informational hearing to solicit public comments on the following:
Anticipated environmental impacts and desired baseline studies to be conducted by the applicant or the department in order to evaluate the anticipated environmental impacts;
Information and data needed for a mining permit application and an environmental impact report, if required;
Information the department may seek through independent studies and verification;
A list of persons desiring to receive notification of any departmental actions with regard to the proposed mining project;
Verification procedures to be employed by the department;
Quality assurance procedures to be employed by the applicant; and
Anticipated permits, approvals, certifications and licenses for the proposed mining project required by federal, state and local agencies.
After review of the notice of intent and the oral and written testimony given during and after the public hearing, the department shall, within 90 days of the close of the public hearing, advise the person giving the notice of the following:
Specific informational and quality assurance requirements that the person must provide for a mining permit application and an environmental impact report, if such a report is required, the methodology and quality assurance procedures to be used in gathering information, and specifically the type and quantity of information on the characteristics of natural resources including groundwater in the proposed mining site and a timely application date for all necessary approvals, licenses and permits.
The department shall accept general environmental data or information such as soil characteristics, hydrologic conditions and air and water data contained in publications, maps, documents, studies, reports and similar sources, whether public or private, not prepared by or for the person. The department shall accept the data which is otherwise admissible that is collected prior to notification for purposes of evaluating another site or sites and which is not collected with intent to evade the provisions of this chapter. The department shall inform the person giving notice if the data will or will not be accepted by the department. The department shall state in writing the reasons for not accepting all the data or portions thereof. The acceptance of the data by the department shall not attest to the validity of the data.
Preliminary verification procedures to be conducted by the department.
All information gathered by a person giving notice shall be submitted to the department as soon as it is in final form. The department may revise or modify the requirements regarding information which must be gathered and submitted. The department shall notify the person by registered mail of the revisions or modifications of its requirements and the reasons therefor, and if a scope of study pursuant to sub. (7)
will be required.
A county, town, village, city or tribal government in which a proposed mining site is to be located or which is likely to be substantially affected by the proposed mining operation shall be provided copies by the department of its response pursuant to sub. (4)
and of any scope of study and department comments provided to the same resulting from sub. (7)
. The department shall, upon the establishment of a local impact committee by any of the above groups, pursuant to s. 293.33
, Stats., send copies of such documents to the local impact committee rather than directly to the county, town, village, city or tribal government.
If requested by the department, the applicant shall develop a scope of study designed to comply with the department's informational requirements for departmental approval. The scope of study shall include the following:
Identification of data requirements specified by the department;
Specific methodologies to be utilized in data collection, data processing, laboratory work and analysis;
Description of the format in which the data will be presented in the environmental impact report, if such report is required;
Names, addresses and qualifications of persons who will be responsible for data collection, laboratory work and impact analysis; and
The scope of study shall be submitted to the department within 120 days after the date of the department's request for the study.
The department shall review the proposed scope of study and shall accept, reject or make modifications in the scope of study within 60 days of its receipt. In reviewing the proposed scope of study, the department shall reconsider all comments made at the informational hearing held pursuant to sub. (3)
The department may require the person to submit any or all raw field data collected either by or for it by a consultant.
The department shall develop studies and quality assurance and verification programs in a manner consistent with future monitoring requirements.
NR 132.05 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529
No person may engage in mining or reclamation at any mining site that is not covered by a mining permit and a written authorization to mine as provided in s. NR 132.09 (3)
Any person wishing to engage in mining shall file an application in reproducible form and 25 copies thereof with the department upon forms prepared and furnished by the department. A mining permit application shall be submitted for each mining site. No application for surface mining will be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for a site had certified under s. 293.35 (1)
, Stats., that he or she would not subsequently make application for a permit to conduct surface mining at the site. Copies of the application shall be distributed to the clerk of any county, city, village or town with zoning jurisdiction over the proposed site, to the clerk of any county, city, village or town within whose boundaries any portion of the proposed site will be located, and to the main public library of each county or municipality with zoning jurisdiction over the proposed site within whose boundaries any portion of the proposed site will be located.
The application shall be accompanied by the following:
A fee of $10,000 to cover the estimated cost of evaluating the operator's mining permit application. Upon completion of its evaluation, the department shall adjust this fee to reflect the actual cost of evaluation less any fees paid for the same services to satisfy other requirements. Evaluation of a mining permit application shall be complete upon the issuance of an order to grant or deny a mining permit.
A proposed monitoring and quality assurance plan consistent with the requirements of this chapter, ch. NR 182
and s. 1.11
, Stats. The proposed monitoring plan shall be considered at the s. 293.43
, Stats., hearing.
A list of names and addresses of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site and all prospecting and mining permits in this state held by the applicant.
Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances and that the applicant has applied for all necessary approvals, licenses or permits required by the department.
Information as to whether the applicant, its parent, its principal shareholders, subsidiaries or affiliates in which it owns more than a 40% interest, has forfeited any mining bonds in other states within the past 20 years, and the dates and locations, if any.
Information relating to whether unsuitability may exist for surface mining to the extent not fully considered in s. 293.45
An itemized statement showing the estimation of the cost to the state of reclamation.
Descriptions of land contiguous to the proposed mining site which the applicant owns, leases or has an option to purchase or lease.
Other information or documentation that the department may require.
The burden of proof to establish compliance with the requirements of this chapter shall be on the operator.
The hearing procedure outlined in s. 293.43
, Stats., shall govern all hearings on the operator's mining permit application.
NR 132.06 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82;
correction in (4) (g) made under s. 13.93 (2m) (b) 1., Stats., Register, September, 1995, No. 477
; corrections in (2), (3) (d) and (g), (4) (e) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529
; 2017 Wis. Act 134: r. (4) Register January 2018 No. 745, eff. 7-1-18.
The mining plan shall include the following:
Details of the nature, extent and final configuration of the proposed excavation and mining site including location and total production of tailings and other mining refuse, and nature and depth of overburden.
Details of the proposed operating procedures, which may be furnished by reference to documents submitted pursuant to ch. NR 182
Ore processing including milling, concentrating, refining, etc.
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.
Plans for collection, treatment and discharge of any water resulting from the operation.
The applicant shall prepare a risk assessment of possible accidental health and environmental hazards potentially associated with the mine operation. Contingency measures with respect to these risks and hazards, and the assumptions in this assessment, shall be explicitly stated.
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.