NR 182.103(59)
(59) “
Statistically significant change" means an amount of change determined by the use of valid statistical procedures for measuring significance at a level of 0.05.
NR 182.103(60)
(60) “
Storage" means the temporary placement of nonferrous mining waste in such a manner as to not constitute ultimate disposal, in compliance with a mining permit or prospecting permit and plans approved under this chapter.
NR 182.103(61)
(61) “
Tailings" means waste material resulting from the washing, concentration, chemical extraction or treatment of crushed ore.
NR 182.103(62)
(62) “
Termination" means the final actions taken by an owner or operator of a nonferrous mining waste facility when formal responsibilities for long-term care cease.
NR 182.103(63)
(63) “
Topsoil" means natural loam, sandy loam, silt loam, silt clay loam, or clay loam humus-bearing soils or other material that will easily produce and sustain dense growths of vegetation capable of preventing wind and water erosion of the material itself and other materials beneath.
NR 182.103(64)
(64) “
USGS" means the United States Geological Survey.
NR 182.103(65)
(65) “
Waste rock" means consolidated rock that has been removed during mining or prospecting but is not of sufficient value at the time of removal to constitute an ore.
NR 182.103(66)
(66)
“Waste site" or “waste sites and facilities" means any land or appurtenances used for the storage or disposal of nonferrous mining waste, but does not include land or appurtenances used in the production or transportation of nonferrous mining waste, such as the concentrator, haul roads, or tailings pipelines, which are permitted under ch.
NR 131 or
132.
NR 182.103(67)
(67) “
Well" means any drillhole or other excavation or opening constructed for the purpose of obtaining or monitoring groundwater.
NR 182.103(68)
(68) “
Well nest" means 2 or more wells installed within 10 feet of each other at the ground surface and constructed to varying depths.
NR 182.103(69)
(69) “
Wetland" 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 that has soils indicative of wet conditions.
NR 182.103 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (15), (51) made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.104
NR 182.104 General submittal requirements. Unless otherwise specified in this chapter, all submittals for review and approval of any feasibility report, plan of operation, construction documentation report, or closure plan shall include the following:
NR 182.104(1)
(1)
Paper and electronic copies. Unless otherwise specified, an applicant shall submit 5 paper copies and one electronic copy of the plan or report prepared pursuant to the appropriate section of this chapter, and an additional reproducible digital or electronic copy of any plan sheets or drawings submitted as a part of the plan or report. The paper copies and electronic copies shall be submitted to the department's waste and materials management program in Madison unless otherwise specified by the department. The complete electronic copy of the report and the separate digital or electronic copy of any plan sheets or drawings shall be provided in formats and on media acceptable to the department.
NR 182.104(2)
(2)
Cover letter. An applicant shall prepare a letter detailing the desired department action or response in reference to the submittal.
NR 182.104(3)(a)(a) An applicant shall prepare and submit the reports and plan sheets under the seal of a licensed professional engineer. In addition, the applicant shall include the following certification:
“I, __________________________, hereby certify that I am a licensed professional engineer in the State of Wisconsin in accordance with the requirements of ch.
A-E 4, Wis. Adm. Code; that this document has been prepared in accordance with the Rules of Professional Conduct in ch.
A-E 8, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements ch.
NR 182, Wis. Adm. Code."
NR 182.104(3)(b)
(b) An applicant shall prepare feasibility reports, plans of operation, site investigation, and any other reports that require interpretation of geology or hydrogeology under the seal of a licensed professional geologist. In addition, an applicant shall include the following certification:
“I, __________________, hereby certify that I am a licensed professional geologist in the State of Wisconsin in accordance with the requirements of ch.
GHSS 2, Wis. Adm. Code; that the preparation of this document has not involved any unprofessional conduct as detailed in ch.
GHSS 5, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in ch.
NR 182, Wis. Adm. Code."
NR 182.104(4)
(4)
Technical procedures. An applicant shall use the current standard procedures as specified by ASTM International, USGS, U.S. environmental protection agency's standard methods for the examination of water and wastewater, or other equivalent or appropriate methods approved by the department to complete all technical procedures used to investigate a mining waste facility. An applicant shall specify the test procedures used in the report. An applicant shall explain in detail, with reasons provided, any deviation from a standard method used in the report.
NR 182.104(5)
(5)
Visuals. An applicant shall provide maps, figures, photographs and tables to clarify information or conclusions. The visuals shall be legible and submitted in reproducible printed form and electronic format, specified by the department. All paper copies of maps, plan sheets, drawings, isometrics, cross-sections and aerial photographs shall meet all of the following requirements:
NR 182.104(5)(a)
(a) Printed visual materials may not be larger than 32 inches by 44 inches and may not be smaller than 8 1/2 inches by 11 inches. Printed photographs may not be smaller than 4 inches by 6 inches. Engineering plans shall be drawn on standard 24 inch by 36-inch plan sheets, except that if facility details cannot be adequately depicted on standard plan sheets at a 1:100 scale, the engineering plans may be drawn on 30 inch by 42 inch plan sheets.
NR 182.104(5)(b)
(b) Be of appropriate scale to show all required details in sufficient clarity.
NR 182.104(5)(c)
(c) Be numbered, referenced in the narrative, titled, have a legend of all symbols used, contain horizontal and vertical scales, where applicable, and specify drafting or origination dates.
NR 182.104(5)(g)
(g) Contain a survey grid based on monuments established in the field that utilizes a coordinate system and datum acceptable to the department.
NR 182.104 Note
Note: Examples of acceptable coordinate systems include state plane, Universal Transverse Mercator, and Wisconsin Transverse Mercator.
NR 182.104(5)(h)
(h) Show original topography and the grid system on all plan sheets showing construction, operation, or closure topography. For complex plans, existing conditions within the mining waste facility area may be shown by lighter lines or may be eliminated.
NR 182.104(5)(i)
(i) Show survey grid location and reference major plan sheets on all cross-sections. A reduced diagram of a cross-section location plan view map shall be included on the sheets with the cross-sections.
NR 182.104(6)
(6)
Table of contents. An applicant shall include a table of contents listing all sections of the submittal.
NR 182.104 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (b) made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.105
NR 182.105 Location criteria. No person may establish, construct, operate, maintain, or permit the use of property for a nonferrous mining waste facility within any of the following areas, except pursuant to an exemption granted under s.
NR 182.119:
NR 182.105(2)
(2) Within 1,000 feet of any navigable lake, pond, or flowage.
NR 182.105(3)
(3) Within 300 feet of a navigable river or stream.
NR 182.105(5)
(5) Except when the site is screened by natural objects, plantings, fences, or other appropriate means so as to be as aesthetically pleasing and inconspicuous as is feasible, within 1,000 feet of the nearest edge of the right-of-way of any of the following:
NR 182.105(5)(a)
(a) Any state trunk highway, interstate highway, or federal primary highway.
NR 182.105(5)(c)
(c) The boundary of a scenic easement purchased by the department or the department of transportation.
NR 182.105(5)(f)
(f) A bike or hiking trail designated by the United States congress or the state legislature.
NR 182.105(6)
(6) Within 1,200 feet of any public or private water supply well.
NR 182.105(7)
(7) Within an area that contains known mineral resources at the time of initial application that are likely to be mined in the future and lie within 1,000 feet of the surface.
NR 182.105(8)
(8) Within 200 feet of a fault that has had displacement in Holocene time.
NR 182.105(12)
(12) Within an area where the department, after investigation, finds that there is a reasonable probability that disposal of mining waste within such an area will result in a violation of applicable surface water quality criteria and standards as specified in chs.
NR 102 to
104.
NR 182.105(13)
(13) Within an area where the department finds, after investigation, there is a reasonable probability that disposal of mining waste within such an area will cause groundwater quality enforcement standards to be attained or exceeded beyond the design management zone specified in s.
NR 182.107.
NR 182.105 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792. NR 182.106
NR 182.106 Minimum design and operation requirements. NR 182.106(1)(1)
An operator shall locate, design, construct, and operate a waste site or facility approved and licensed by the department under this chapter to meet all of the following requirements:
NR 182.106(1)(c)
(c) Comply with ch.
283, Stats., if the facility has a storm water discharge or a point source discharge to the waters of the state, including any point source discharge from a leachate or surface water runoff collection system.
NR 182.106(1)(d)
(d) Have the approval of the municipal authority for a point source discharge regulated under ch.
283, Stats., if the facility discharges to a publicly owned treatment works.
NR 182.106(1)(e)
(e) Prevent air emissions from such site or facility from causing a violation of standards or rules promulgated under ch.
285, Stats.
NR 182.106(1)(f)
(f) Ensure consistency with the requirements of ch.
293, Stats., chs.
NR 131 and
132, and all permits and plans approved under those rules.
NR 182.106(2)
(2) In addition to all other requirements of this chapter, no person may construct, establish, operate, or maintain a waste site except in conformance with the conditions attached to the feasibility approval pursuant to the hearing under s.
293.43, Stats., the approved plan of operation, and all of the following requirements:
NR 182.106(2)(a)
(a) An operator may not deposit waste in a manner that the waste or leaching therefrom will result in a violation of any groundwater standard or surface water quality criteria or standards as specified in chs.
NR 102 to
104 or in this chapter.
NR 182.106(2)(b)
(b) An operator shall divert surface water drainage away from and off the active fill area and treat as necessary to ensure compliance with applicable water quality standards and criteria.
NR 182.106(2)(c)
(c) An operator shall restrict access to the site or facility, particularly the active disposal area, through the use of fencing, natural barriers, or other methods approved by the department.
NR 182.106(2)(d)
(d) An operator shall make the entire perimeter of the active disposal site accessible for inspection and appropriate heavy equipment and other vehicular access required for emergency maintenance.
NR 182.106(2)(e)
(e) An operator shall strip any area to be utilized for the disposal of mining waste or borrow areas of all topsoil to ensure that adequate amounts are available for closure or other measures approved by the department to protect topsoil. An operator shall consider environmental and reclamation factors, unless the department determines that such action will be environmentally undesirable.
NR 182.106(2)(f)
(f) An operator shall use effective means to control dust resulting from the site or facility as under s.
NR 415.04.
NR 182.106(2)(g)
(g) An operator shall abandon all soil borings and monitoring wells in accordance with the requirements of ch.
NR 141.
NR 182.106(2)(h)
(h) An operator shall make provisions for back-up equipment in the event of critical operating equipment breakdown.
NR 182.106(2)(i)
(i) An operator shall include contingencies for emergency conditions in design and operation specifications for mining waste facilities. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.
NR 182.106(2)(j)
(j) An operator shall ensure that any mining waste facility designed with a liner or situated in sufficiently low permeability soils to either partially or totally contain leachate are designed with a leachate management system that can effectively remove leachate, prevent surface seeps, and promote adequate settlement to permit final reclamation.
NR 182.106(2)(k)
(k) An operator may dispose or store only waste types and sources listed on the license or otherwise approved by the department in writing, in an approved mining waste facility.
NR 182.106(2)(L)
(L) An operator shall maintain the final slopes of a closed mining waste site to be no less than 2 percent and no greater than 33 percent unless the site or facility is specifically designed for a final use compatible with other slopes.
NR 182.106(2)(m)
(m) An operator shall ensure that all sites have a final cover designed to minimize infiltration and subsequent leachate production unless the department approves an alternate cover in the reclamation plan or unless the department determines that such cover is not necessary to comply with the environmental standards of this chapter.
NR 182.106(2)(n)
(n) An operator shall make provisions for the collection and treatment of leachate for all sites designed to contain leachate.
NR 182.106(2)(o)
(o) An operator shall locate, design, construct, and operate a waste site so that any liner system or naturally occurring soil barrier is compatible with all disposed or stored mining waste.
NR 182.106(2)(p)
(p) An operator shall ensure that tailings impoundments and other water-holding facilities constructed as part of the mining waste site are designed to contain the 100-year, 24-hour rainfall event and to prevent overtopping by waves during this design storm, or designed to contain the 100-year, 24-hour rainfall event and maintain a minimum of 5 feet of freeboard. The size of the storm event shall be determined based on current rainfall probability data, including models or forecasts, approved by the department for this purpose.
NR 182.106(2)(q)
(q) An operator shall select and design drainage or filter bed material to promote drainage, reduce the potential for piping, and be stable under leaching conditions.
NR 182.106(2)(r)
(r) An operator shall ensure that material used in earth embankments or drainage or filter bed material is free, to the extent practicable, of vegetation, organic soils, frozen soils, and other extraneous matter that could affect the compactibility, density, permeability, or shear strength of the finished embankment.
NR 182.106(2)(s)
(s) An operator shall compact embankment materials or drainage or filter bed materials to 95 percent of the maximum dry density as determined by the standard proctor compaction test or to a greater density as dictated by the embankment height. The material shall be compacted in lifts of 6 to 8 inches in thickness. If waste rock is approved by the department for use outside an earth core, compaction and crushing of such waste rock may not be necessary if the applicant demonstrates that stable slopes can be constructed and maintained without compaction and crushing of the waste rock.
NR 182.106(2)(t)
(t) An operator shall provide emergency spill areas along the tailings pipeline corridor to allow for draining the pipeline, if necessary, in case of power interruptions or pipeline failure. Tailings pipelines should be self-draining to the tailings area or to an emergency spill area or both. In some cases, such as a long pipeline over rough country, the department may require several spill areas to be provided.
NR 182.106(3)
(3) An operator shall design and operate mining waste facilities to ensure management of stormwater in a manner that minimizes uncontrolled releases and adverse environmental impacts. Provisions for stormwater management shall incorporate all of the following:
NR 182.106(3)(a)
(a) An operator shall design storm water drainage ditches, structures, and sedimentation basins such that the construction of these items shall occur during the initial stage of construction to control runoff and limit entrained sediment from reaching surface water bodies.
NR 182.106(3)(b)
(b) An operator shall incorporate all of the following concepts in the design of both temporary and permanent erosion and sediment control measures:
