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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:
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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.
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11. A riparian restoration project.
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12. Measures as provided in s. 295.605.
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(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.
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b. The department shall publish a class 1 notice, under ch. 985, of the
19availability of information about a request to which this subdivision applies, its
20proposed decision on the request, the opportunity to comment within 30 days after
21the notice is published, and the opportunity to request a public informational
22hearing. The department shall also provide the notice to the applicant, the persons
23specified in s. 30.18 (4) (a), and if the modification involves a structure through which
24water transferred from the Great Lakes basin would be returned to the source
25watershed through a stream tributary to one of the Great Lakes, the governing body
1of each city, village, and town through which the stream flows or that is adjacent to
2the stream downstream from the point at which the water would enter the stream.
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c. Within 180 days of receiving a request to which this subdivision applies, the
4department shall approve or deny as provided in sub. (4) the request and, if it
5approves the request, shall amend the permit to incorporate the modification.
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(b) 1. The department may propose modifications to any of the conditions in the
7water withdrawal permit. If it proposes a modification, the department shall
8determine whether it is required, under ch. NR 150, Wis. Adm. Code, to prepare an
9environmental assessment or environmental impact statement and, if so, shall
10prepare an environmental assessment or an environmental impact statement. If the
11department determines that, under ch. NR 150, Wis. Adm. Code, the operator must
12prepare an environmental impact report, the department may only request
13information in the environmental impact report that relates to decisions that the
14department makes under this section related to the permit and the department shall
15limit its analysis to an evaluation of the proposed modification.
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2. The department shall publish a class 1 notice, under ch. 985, of the
17availability of information about a proposed modification under this paragraph, the
18opportunity to comment within 30 days after the notice is published, and the
19opportunity to request a public informational hearing. The department shall also
20provide the notice to the applicant, the persons specified in s. 30.18 (4) (a), and if the
21modification involves a structure through which water transferred from the Great
22Lakes basin would be returned to the source watershed through a stream tributary
23to one of the Great Lakes, the governing body of each city, village, and town through
24which the stream flows or that is adjacent to the stream downstream from the point
25at which the water would enter the stream.
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13. The department may not impose the modification until after the end of the
2public comment period under subd. 2.
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4. Any modified condition under this paragraph may not interfere with the
4mining operation or limit the amount of water needed for the mining operation if the
5holder of the water withdrawal permit is implementing any conservation measures
6that are applicable under the permit.
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7(7) Relationship to other laws. None of the following apply to water
8withdrawal or use that is associated with mining operations or bulk sampling:
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(a) Sections 30.18, 281.34, and 281.35 and any rules promulgated under those
10sections, except as specifically provided in this section.
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(b) Any provision of ch. NR 812, Wis. Adm. Code, that conflicts with this section,
12except that s. NR 812.08, Wis. Adm. Code, does not apply to water withdrawal or use
13that is associated with mining operations or bulk sampling.
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14(8) Damage claims. (a) As used in this subsection, "person" does not include
15a city, village, or town.
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(b) A person claiming damage to the quantity or quality of the person's private
17water supply caused by bulk sampling or mining may file a complaint with the
18department and, if there is a need for an immediate alternative source of water, with
19the city, village, or town where the private water supply is located. The department
20shall conduct an investigation and if the department concludes that there is reason
21to believe that the bulk sampling or mining is interrelated to the condition giving rise
22to the complaint, it shall schedule a hearing.
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(c) The city, village, or town in which is located the private water supply that
24is the subject of a complaint under par. (a) shall, upon request, supply necessary
25amounts of water to replace the water formerly obtained from the damaged private
1supply. Responsibility to supply water begins at the time the complaint is filed and
2ends at the time the decision of the department made at the conclusion of the hearing
3is implemented.
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(d) If the department concludes after the hearing that bulk sampling or mining
5is the principal cause of the damage to the private water supply, it shall issue an order
6to the operator requiring the provision of water to the person found to be damaged
7in a like quantity and quality to that previously obtained by the person and for a
8period of time that the water supply, if undamaged, would be expected to provide a
9beneficial use, requiring reimbursement to the city, village, or town for the cost of
10supplying water under par. (c), if any, and requiring the payment of compensation
11for any damages unreasonably inflicted on the person as a result of damage to the
12person's water supply. The department shall order the payment of full compensatory
13damages up to $75,000 per claimant. The department shall issue its written findings
14and order within 60 days after the close of the hearing. Any judgment awarded in
15a subsequent action for damages to a private water supply caused by bulk sampling
16or mining shall be reduced by any award of compensatory damages previously made
17under this subsection for the same injury and paid by the operator. The department
18shall change the dollar amount under this paragraph annually, beginning with 1978,
19according to the method under s. 70.375 (6). Pending the final decision on any appeal
20from an order issued under this paragraph, the operator shall provide water as
21ordered by the department. The existence of the relief under this section is not a bar
22to any other statutory or common law remedy for damages.
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(e) If the department concludes after the hearing that bulk sampling or mining
24is not the cause of any damage, reimbursement to the city, village, or town for the
1costs of supplying water under par. (c), if any, is the responsibility of the person who
2filed the complaint.
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(f) Failure of an operator to comply with an order under par. (d) is grounds for
4suspension or revocation of a mining permit or any approval required for bulk
5sampling.
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6(9) Costs reimbursed. (a) Costs incurred by a city, village, or town in
7monitoring the effects of bulk sampling or mining on surface water and groundwater
8resources, in providing water to persons claiming damage to private water supplies
9under sub. (8) (c), or in retaining legal counsel or technical consultants to represent
10and assist the city, village, or town appearing at the hearing under sub. (8) (b) are
11reimbursable through the investment and local impact fund under s. 15.435.
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(b) Any costs paid to a city, village, or town through the investment and local
13impact fund under par. (a) shall be reimbursed to the fund by the city, village, or town
14if the city, village, or town receives funds from any other source for the costs incurred
15under par. (a).
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(c) If an order under sub. (8) (d) requiring the operator to provide water or to
17reimburse the city, village, or town for the cost of supplying water is appealed and
18is not upheld, the court shall order the cost incurred by the operator in providing
19water or in reimbursing the city, village, or town pending the final decision to be
20reimbursed from the investment and local impact fund under s. 15.435.
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21295.62 Mining waste site construction and completion reports. (1) An
22operator shall construct a mining waste site substantially in accordance with the
23approved mining waste site feasibility study and plan of operation.
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24(2) The operator shall inspect the mining waste site before it is used and ensure
25that all associated structures are in substantial compliance with the mining waste
1site feasibility study and plan of operation. The operator shall have a professional
2engineer, registered as such under ch. 443, document mining waste site construction
3and render an opinion as to whether the mining waste site has been constructed in
4substantial conformance with the mining waste site feasibility study and plan of
5operation. The engineer may use aerial or ground photographs to document the
6inspection, but photographs do not in themselves constitute compliance with this
7subsection. The operator shall maintain a complete file describing the items
8inspected and their condition.
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9(3) An operator shall notify the department in writing when the mining waste
10site has been constructed in substantial compliance with the mining waste site
11feasibility study and plan of operation.
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12(4) (a) Within 5 business days of receipt of written notice from an operator that
13the mining waste site has been constructed in substantial compliance with the
14mining waste site feasibility study and plan of operation, the department shall either
15review and inspect the mining waste site to ensure that it was constructed according
16to the approved mining waste site feasibility study and plan of operation or notify the
17operator that the department will not conduct a review and inspection before
18disposal of mining waste in the mining waste site. Within 3 business days of any
19review and inspection, the department shall notify the operator that the mining
20waste site may be used for the disposal of mining waste or identify all steps that must
21be completed to bring the mining waste site into substantial compliance with the
22mining waste site plan of operation. After the operator completes the steps, the
23operator shall notify the department that the steps have been completed.
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(b) An operator may dispose of mining waste in a mining waste site after one
25of the following occurs:
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11. The operator receives notice from the department under par. (a) that the
2department will not conduct a review and inspection before disposal of mining waste
3in the mining waste site.
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2. The operator receives notice from the department under par. (a) that the
5mining waste site may be used for the disposal of mining waste.
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3. The operator provides notice to the department under par. (a) that any steps
7required by the department to be completed under par. (a) have been completed.
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8295.63 Modifications; reporting. (1) (a) An operator at any time may
9request a change to a mining permit, the mining plan, the reclamation plan, or the
10mining waste site feasibility study and plan of operation for any mining site that the
11operator owns or leases, or request cancellation of the mining permit for any or all
12of the unmined part of a mining site. The operator shall submit an application for
13the change or cancellation in the form of a letter giving notice to the department of
14the proposed change or cancellation and shall identify in the letter the tract of land
15to be affected by a change in the mining plan, reclamation plan, or mining waste site
16feasibility study and plan of operation or to be removed from the permitted mining
17site.
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(b) The department shall grant a request under par. (a) unless it determines
19that the requested change makes it impossible for the permit holder to substantially
20comply with the approved mining plan, reclamation plan, or mining waste site
21feasibility study and plan of operation. If the department determines that the
22requested change would make substantial compliance impossible, it shall follow the
23procedure in sub. (3).
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(c) If the request under par. (a) is to cancel any or all of the unmined part of a
25mining site, the department shall ascertain, by inspection, if mining has occurred on
1the land. If the department finds that no mining has occurred, the department shall
2order release of the bond or other security posted for the land being removed from
3the permitted mining site and cancel or amend the operator's written authorization
4to conduct mining on the mining site. The department may not approve the removal
5of land where mining has occurred from a permitted mining site, or release that land
6from the bond or other security under this subsection, unless the operator has
7completed reclamation to the satisfaction of the department.
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8(2) The operator shall furnish the department with a report for each mining
9site within 30 days after the end of every 12-month period after issuance of the
10permit, within 30 days after completion of all mining at the mining site, and within
1130 days after completion of the mining plan and of the reclamation plan, describing
12any reclamation work accomplished, or experimental reclamation work performed,
13during the preceding year. The operator shall include in the reports an annual plan
14map, color-coded and with a legend, showing all of the following, as of December 31
15of the previous year, or as near to December 31 of the previous year as mining
16operations permit: