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2. Construction or maintenance of irrigation or drainage ditches.
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3. Construction or maintenance of farm roads, forest roads, or temporary
18mining roads that is performed in accordance with best management practices, as
19determined by the department.
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20(12) Relationship to other laws. None of the following apply to a mining
21operation or bulk sampling:
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(a) Section 281.36, except as otherwise specifically provided in this section.
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(b) Any rule promulgated by the department relating to wetlands that conflicts
24with this section, except that no rule promulgated by the department under s. 281.36
25applies to a mining operation or bulk sampling.
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1295.605 Impacts to navigable waters. (1) Definition. In this section,
2"navigable water activity" means an activity for which a permit or contract is
3required under s. 30.12, 30.123, 30.19, 30.195, or 30.20.
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4(2) Permit or contract required. No person may engage in any navigable
5water activity associated with bulk sampling or mining unless the person has been
6issued a permit or entered into a contract as provided under sub. (4).
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7(3) Application; riparian status. (a) Any person who intends to engage in a
8navigable water activity associated with bulk sampling or mining need not be a
9riparian owner to do any of the following:
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1. Apply for and be issued an individual permit for a navigable water activity
11under s. 30.12, 30.123, 30.19, or 30.195.
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1m. Enter into a contract under s. 30.20.
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2. Engage in an activity that is exempt under s. 30.12, 30.123, 30.19, 30.195,
14or 30.20.
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3. Seek authorization under a general permit issued under s. 30.12, 30.123,
1630.19, or 30.20.
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(b) If a person is applying for more than one permit or contract for a navigable
18water activity associated with bulk sampling or mining, the person may file a single
19application. The application shall include any information requested by the
20department under s. 295.45 (3).
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21(4) Requirements. (a)
Generally. The department shall issue a permit, or enter
22into a contract, for a navigable water activity if the navigable water activity meets
23all of the following requirements:
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1. The navigable water activity will not significantly impair public rights and
25interests in a navigable water.
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12. The navigable water activity will not significantly reduce the effective flood
2flow capacity of a stream.
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3. The navigable water activity will not significantly affect the rights of
4riparian owners or the applicant obtains the consent of the riparian owners.
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4. The navigable water activity will not significantly degrade water quality.
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(b)
Measures. The person applying for the permit or contract shall submit a
7plan to the department containing proposed measures to meet the requirements
8under par. (a) and a proposed schedule for implementing the measures. The plan
9shall include one or more of the following measures:
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1. Measures to offset significant impacts to navigable waters by providing
11public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
12exchange for each acre of navigable waters that is significantly impacted.
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2. Measures to improve public rights or interests in navigable waters.
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3. Measures to offset significant impacts to water quality or quantity.
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4. Measures to enhance flood storage.
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5. Mitigation as provided under s. 295.60.
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6. Conservation measures as provided in s. 295.61.
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(bn)
Plan review; finding. In reviewing the plan, the department may require
19that measures that are in addition to, or in conjunction with, one or more of the
20measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan
21and application, if the department finds that the requirements under par. (a) will be
22met by implementing some or all of the measures contained in the plan, the
23department shall determine which measures shall be required, shall approve a
24schedule for implementation, and shall issue the permit or enter into the contract.
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1(c)
Applicability of requirements. The requirements that are specified in par.
2(a) 1. to 4. are in lieu of any requirements required for permits under ss. 30.12 (3m)
3(c), 30.123 (8) (c), 30.19 (4) (c), and 30.195 (2) (c) and are in lieu of any requirements
4for contracts under s. 30.20 that relate to the state's or public's interests and shall
5be used, in conjunction with the measures required under par. (b), in any evaluation
6by the department pursuant to
33 USC 1341.
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7(5) Permit conditions. The department may impose conditions in a permit for
8a navigable water activity that it determines to be necessary to ensure that the
9navigable water activities subject to the permit meet the requirements under par. (a).
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10(6) Relationship to other laws. (a) Chapter 30 and any rules promulgated
11under that chapter apply to any navigable water activity subject to this section to the
12extent that they do not conflict with this section, except as provided in par. (b).
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(b) Sections 30.208, 30.209, and 30.2095 and any rules promulgated under
14those sections, do not apply to any navigable water activity that is subject to this
15section.
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16295.607 Shoreland and floodplain zoning. (1) (a) In this section:
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1. "Development or construction activity" means a waste site, structure,
18building, fill, or other development or construction activity.
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2. "Floodplain zoning ordinance" means a municipal floodplain zoning
20ordinance adopted under s. 87.30.
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3. "Shoreland zoning ordinance" means a shoreland zoning ordinance or
22regulation adopted under s. 59.692, 61.351, 62.231, or 281.31.
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23(2) (a) The department may not prohibit a development or construction activity
24to be located in an area that would otherwise be prohibited under a shoreland
1ordinance if the development or construction activity is authorized by the
2department as part of a mining operation covered by a mining permit under s. 295.58.
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(b) A development or construction activity located in an area that would
4otherwise be prohibited under a shoreland zoning ordinance does not violate the
5applicable ordinance if the development or construction activity is authorized by the
6department as part of a mining operation covered by a mining permit under s. 295.58.
7No shoreland zoning variance is required for a development or construction activity
8located as provided under this paragraph.
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9(3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit
10development or construction activity authorized by the department as part of a
11mining operation covered by a mining permit under s. 295.58, except to the extent
12necessary for the municipality to which the floodplain zoning ordinance applies to
13maintain eligibility for participation in the National Flood Insurance Program.
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14295.61 Withdrawals of surface waters and groundwater. (1) 15Definitions. In this section:
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(a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1)
17(b).
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(b) "Environmentally sound and economically feasible water conservation
19measures" has the meaning given in s. 281.346 (1) (i).
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(c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).
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(d) "High capacity well" has the meaning given in s. 281.34 (1) (b).
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(e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).
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(em) "Riparian restoration project" means a project that will restore or enhance
24the natural beneficial uses and value of a watercourse.
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(f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).
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1(g) Unless the context otherwise requires, "use" includes dewatering.
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(h) "Water loss" has the meaning given in s. 281.35 (1) (L).
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(i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).
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4(2) Permit required. No person may engage in any withdrawal or use of surface
5water as part of a mining operation or bulk sampling unless the person has been
6issued a water withdrawal permit under this section. No person may engage in any
7withdrawal or use of groundwater as part of a mining operation or bulk sampling if
8the capacity and rate of withdrawal of all wells involved in the withdrawal of
9groundwater or the dewatering of mines exceeds 100,000 gallons each day unless the
10person has been issued a water withdrawal permit under this section.
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11(3) Permit application. (a)
Application. Any person applying for a water
12withdrawal permit is required to submit only one application. A person applying for
13such a permit need not be a riparian owner. An application for a water withdrawal
14permit shall include any information requested by the department under s. 295.45
15(3).
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(b)
Siting analysis. If withdrawal of water at a mining operation or for bulk
17sampling will involve one or more high capacity wells, the department shall require
18an applicant for a water withdrawal permit to submit a siting analysis for the
19purpose of determining the location of the high capacity wells. The analysis shall
20include alternate proposed locations for each high capacity well. In evaluating a
21submitted analysis, the department shall recognize there is a need for mining waste
22sites, processing facilities, including wastewater and sludge storage or treatment
23lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall
24allow any high capacity well to be located so that need will be met. The department
1shall approve the location of each high capacity well as part of the permit issued
2under sub. (4).
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(c)
Entry to land. After an application for a water withdrawal permit has been
4submitted under this section, the applicant may enter any land from which the
5applicant proposes to withdraw water or use water for the purpose of making any
6surveys required for the mining operation or bulk sampling, but no work may be
7commenced necessary for the mining operation or the bulk sampling until the
8department issues the permit under this section.
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9(4) Permit issuance. (a)
General requirements. The department shall issue
10a water withdrawal permit if it determines that the withdrawal or use of the surface
11water or groundwater meets all of the following requirements:
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1. The proposed withdrawal and uses of the water are substantially consistent
13with the protection of public health, safety, and welfare and will not be significantly
14detrimental to the public interest.
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2. The proposed withdrawal and uses of the water will not have a significant
16adverse impact on the environment and ecosystem of the Great Lakes basin or the
17Upper Mississippi River basin.
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3. The proposed withdrawal and use of the water will not be significantly
19detrimental to the quantity and quality of the waters of the state.
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4. The proposed withdrawal and use of the water will not significantly impair
21the rights of riparian owners or the applicant obtains the consent of the riparian
22owners.
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5. The proposed withdrawal and use of the water will not result in significant
24injury to public rights in navigable waters.
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16. If the withdrawal or the use of the water will result in an interbasin
2diversion, the requirements of s. 281.35 (5) (d) 7. are met.
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7. The proposed withdrawal or use of the water will comply with any
4requirements imposed by the department under par. (cm).
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(b)
Conservation measures. The person applying for the permit shall submit
6a plan to the department containing proposed conservation measures to meet the
7requirements under par. (a) and a proposed schedule for implementing the
8measures. The plan shall include one or more of the following measures:
SB488-SSA2,136,109
1. Environmentally sound and economically feasible water conservation
10measures.
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2. Restoration of hydrologic conditions and functions of the source watershed,
12or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration
13of the hydrologic conditions and functions of that stream.
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3. Protection of important upland groundwater recharge areas.
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4. Stabilization of shorelands.
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5. Restoration or enhancement of the natural beneficial uses and values of a
17stream or river.
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6. Implementation of any feasible methods to offset impacts to water quality
19or quantity.
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7. Supplementation of additional water to water bodies to offset lower water
21levels.
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8. Taking steps to improve public rights or interests in navigable waters, if
23navigable waters are subject to the permit.
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9. Mitigation as provided in s. 295.60.
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110. Measures to offset significant impacts to navigable waters by providing
2public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
3exchange for each acre of natural navigable waters that is significantly impacted.
SB488-SSA2,137,44
11. A riparian restoration project.
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12. Measures as provided in s. 295.605.
SB488-SSA2,137,136
(bn)
Plan review; finding. In reviewing the plan, the department may require
7that conservation measures that are in addition to, or in conjunction with, one or
8more of the conservation measures specified in par. (b) 1. to 12. be included in the
9plan. After reviewing the plan and application, if the department finds that the
10requirements under par. (a) will be met by implementing some or all of the
11conservation measures contained in the plan, the department shall determine which
12measures shall be required, shall approve a schedule for implementation, and shall
13issue the permit.
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(cm)
Impacts to water supplies. If the department determines that a proposed
15withdrawal or use of water will result in a significant impact to a public or private
16water supply, the department shall require the applicant to offset that impact in a
17manner approved by the department, which may include a requirement that the
18applicant provide a replacement water supply of similar quality or provide an
19increased amount of water to the water supply.
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(e)
Use of nonriparian waters. Water withdrawn in accordance with a water
21withdrawal permit may be used on nonriparian property.
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(f)
Limits on permit denials. If the department determines that one of the water
23withdrawal activities subject to an application for a water withdrawal permit does
24not meet the requirements for issuing the permit under par. (a) and will not be
25authorized under the permit, the failure to authorize the activity may not affect the
1department's determination as to whether to approve or deny the permit for other
2water withdrawal activities that are subject to the application.
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3(5) Permit conditions. (a) The department may impose reasonable conditions
4in a water withdrawal permit that, except as provided in par. (b), may not interfere
5with the mining operation or bulk sampling or limit the amount of water needed for
6the mining operation or bulk sampling and that relate to any of the following:
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1. The location of the withdrawal or use.
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2. The authorized base level of water loss from the withdrawal or use.
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3. The dates on which or seasons during which withdrawal or use of the water
10may occur.
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4. The purposes for the withdrawal or use of the water.
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5. The amount and quality of return flow required and the place of the
13discharge.
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6. The requirements for reporting volumes and rates of withdrawal and any
15other data specified by the department.
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7. Any other conditions that the department determines are necessary to
17protect the environment and the public health, safety, and welfare and to ensure the
18conservation and proper management of the waters of the state.
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(b) If the department determines that a high capacity well that would be
20covered by a water withdrawal permit may impair a privately owned high capacity
21well, the department shall include in the water withdrawal permit conditions that
22will ensure that the privately owned high capacity well will not be impaired, unless
23the private high capacity well owner agrees to the impairment.
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24(6) Permit modifications. (a) 1. An operator to whom a permit has been issued
25under this section may request a modification of any condition in the permit.
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12. If the request for a modification under subd. 1. does not result in an increase
2in an existing withdrawal resulting in a water loss averaging more than 2,000,000
3gallons per day in any 30-day period above the operator's authorized base level of
4water loss, within 30 days of receiving the request the department shall approve the
5request and amend the permit to incorporate the modification.
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3. a. If the request for a modification under subd. 1. results in an increase in
7an existing withdrawal resulting in a water loss averaging more than 2,000,000
8gallons per day in any 30-day period above the operator's authorized base level of
9water loss, the department shall determine whether it is required, under ch. NR 150,
10Wis. Adm. Code, to prepare an environmental assessment or environmental impact
11statement and, if so, shall prepare an environmental assessment or an
12environmental impact statement. If the department determines that, under ch. NR
13150, Wis. Adm. Code, the operator must prepare an environmental impact report, the
14department may only request information in the environmental impact report that
15relates to decisions that the department makes under this section related to the
16permit and the department shall limit its analysis to an evaluation of the request for
17the modification.