AB426,128,2423 (p) "Water management unit" means a subdivision of a water basin that is
24established on a hydrological basis by the department.
AB426,129,2
1(q) "Watershed" means an area of land where all of the water drains into a
2common waterway.
AB426,129,43 (r) "Wetland water quality standard" means a water quality standard specified
4under sub. (6).
AB426,129,7 5(2) Scope. This section applies to any water quality certification, or any other
6approval that involves an evaluation of impact to wetlands, that is associated with
7mining or bulk sampling.
AB426,129,19 8(3) Wetland determinations and delineations. For purposes of this section,
9wetland determinations and wetland boundary delineations shall be consistent with
10the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and any final
11regional supplement to the manual. The department may rely on wetland
12determinations and wetland boundary delineations made by other agencies and
13consultants. If the applicant for a water quality certification or for any other
14approval for an activity involving impacts to wetlands has provided information to
15the department that is identified in the manual or any final regional supplement as
16being sufficient to make a wetland determination or a delineation of boundaries, the
17department may visit the site to conduct surveys or gather additional site-specific
18quantitative data provided that the department does not discontinue the processing
19of the application to do so.
AB426,130,2 20(4) Water quality certification for federal wetlands. (a) For purposes of
21issuing a water quality certification that is required pursuant to 33 USC 1341 (a) for
22a discharge associated with a mining operation or bulk sampling into a federal
23wetland or for issuing any other approval associated with a mining operation for an
24activity that involves any impact to a federal wetland, the department shall review

1the federal compensatory mitigation requirements proposed as part of the federal
2permit application.
AB426,130,143 (b) For purposes of determining whether to issue a water quality certification
4or other approval that requires an evaluation of impacts to federal wetlands, the
5department shall determine whether it has reasonable assurance that the federal
6permitting process and federal compensatory mitigation requirements will offset
7any significant adverse impact to the functional values and water quality of the
8federal wetland. For purposes of areas of special natural resource interest and
9federal wetlands that are ASNRI wetlands, the department shall determine that
10reasonable assurance exists if significant adverse impacts have been avoided or
11minimized to the extent practicable and any remaining significant adverse impacts
12are offset by compensation or mitigation. If the department determines that
13reasonable assurance exists, the department may not impose any additional
14conditions.
AB426,130,2115 (c) If the department determines that reasonable assurance does not exist
16under par. (b), it may impose conditions in the water quality certification or other
17approval if such conditions are limited to those that are necessary to offset any
18significant adverse impacts to the federal wetland that are not offset by the federal
19compensatory mitigation requirements in the federal permit or other approval. Any
20conditions imposed by the department shall permit a compensation and mitigation
21program as provided in sub. (8).
AB426,130,2422 (d) In imposing conditions under par. (c), the department may not increase the
23number of acres to be mitigated under the federal compensatory mitigation
24requirements that are applicable to the federal wetland.
AB426,131,4
1(e) The department shall issue a water quality certification under this
2subsection if the federal permitting process, including any federal compensatory
3mitigation requirement, offsets the significant adverse impacts to the functional
4values and water quality of the federal wetland.
AB426,131,8 5(5) Water quality certification for nonfederal wetlands. (a) Certification
6required.
No person may discharge dredge or fill material associated with a mining
7operation or bulk sampling into a nonfederal wetland unless the discharge is
8authorized under a water quality certification issued under this section.
AB426,131,189 (b) Avoidance or minimization of impacts. For purposes of issuing a water
10quality certification for a discharge subject to par. (a) or evaluating impacts to
11nonfederal wetlands for any approval requiring an evaluation of impacts to
12nonfederal wetlands, the department shall first determine whether any impact to
13the nonfederal wetland caused by the mining operation or bulk sampling can be
14avoided or minimized to the extent practicable. If the impacts have been avoided or
15minimized to the extent practicable, any remaining impacts to nonfederal wetlands
16or to areas of special natural resource interest may not be a basis for a denial of a
17water quality certification provided that any remaining significant adverse impacts
18are offset under a compensation and mitigation program under sub. (8).
AB426,131,2119 (c) Siting analysis. 1. An applicant for a water quality certification for a
20nonfederal wetland shall submit a siting analysis to the department for review. In
21reviewing the siting analysis, the department shall recognize all of the following:
AB426,131,2322 a. The limitations associated with the proposed location of the ferrous mineral
23deposits to be mined or associated with bulk sampling.
AB426,131,2524 b. The need for the mining waste sites and any processing facilities to be
25contiguous to the location of the ferrous mineral deposits to be mined.
AB426,132,1
1c. The presumption that nonfederal wetlands will be impacted.
AB426,132,42 2. The siting analysis shall be limited to an analysis of alternative
3configurations associated with the areas of the proposed ferrous mineral deposits to
4be mined at the mining site and with the areas that are contiguous to those deposits.
AB426,132,95 3. If it is impracticable to avoid an impact to, or the use of, a nonfederal wetland,
6the applicant shall identify in the siting analysis, and the department shall review,
7those configurations that would result in impacts to the fewest acres of nonfederal
8wetlands to the extent practicable. The department shall determine which
9configuration will minimize the impacts to the fewest acres.
AB426,132,1210 4. After the department makes the determination under subd. 3., the
11department shall evaluate the impact of the mining operation to the functional
12values and water quality of the nonfederal wetland.
AB426,132,16 13(5m) Evaluation of impacts. The department shall determine the impact of a
14proposed activity upon the functional values and water quality of a wetland by using
15wetland ecological evaluation methods jointly accepted by the U.S. Army Corps of
16Engineers and the department and appropriate to the affected wetland.
AB426,132,18 17(6) Wetland water quality standards. The following wetland water quality
18standards shall apply to any water quality certification under sub. (4) or (5):
AB426,132,2319 (a) Adverse impacts to the functional values and water quality of wetlands and
20adverse impacts to other waters of the state that are influenced by wetlands shall be
21minimized, and any significant adverse impacts remaining after minimization shall
22be subject to a compensation and mitigation program under sub. (8). For purposes
23of this section, functional values and uses consist of all of the following:
AB426,132,2524 1. Storm and flood water storage and retention and the moderation of water
25level fluctuation extremes.
AB426,133,3
12. Hydrologic functions including the maintenance of dry season streamflow,
2the discharge of groundwater to a wetland, the recharge of groundwater from a
3wetland to another area, and the flow of groundwater through a wetland.
AB426,133,54 3. Filtration or storage of sediments, nutrients, or toxic substances that would
5otherwise adversely impact the quality of waters of the state.
AB426,133,76 4. Shoreline protection against erosion through the dissipation of wave energy
7and water velocity and anchoring of sediments.
AB426,133,118 5. Habitat for aquatic organisms in the food web including fish, crustaceans,
9mollusks, insects, annelids, and planktonic organisms and the plants and animals
10upon which these aquatic organisms feed and depend upon for their needs in all life
11stages.
AB426,133,1412 6. Habitat for resident and transient wildlife species, including mammals,
13birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel
14corridors, and food.
AB426,133,1615 7. Recreational, cultural, educational, scientific, and natural scenic beauty
16values and uses.
AB426,133,2017 (b) All of the following shall be minimized in order to avoid significant adverse
18impacts for the purpose of maintaining or enhancing the functional values and water
19quality identified under par. (a), and any minimization of the following must be taken
20into account in the department's evaluation of significant adverse impacts:
AB426,133,2121 1. The use of liquids, fill, or other solids or gases.
AB426,133,2222 2. The presence of floating or submerged debris, oil, or other material.
AB426,133,2323 3. The use of materials producing color, odor, taste, or unsightliness.
AB426,133,2524 4. The presence of concentrations or combinations of substances that are toxic
25or harmful to human, animal, or plant life.
AB426,134,3
15. Adverse effects on hydrological conditions necessary to support the biological
2and physical characteristics that are naturally present in wetlands. For purposes
3of this subdivision, the hydrological conditions include of all of the following:
AB426,134,44 a. Water currents and erosion and sedimentation patterns.
AB426,134,55 b. Water temperature variations.
AB426,134,66 c. The chemical, nutrient, and dissolved oxygen regime of the wetland.
AB426,134,77 d. The movement of aquatic fauna.
AB426,134,88 e. The pH of the wetland.
AB426,134,99 f. Water levels or elevations.
AB426,134,1110 6. Adverse effects on existing habitat and populations of animals and
11vegetation found in wetlands.
AB426,134,15 12(6m) Scope of evaluation. For purposes of issuing a water quality certification
13under sub. (4) or (5), the department shall evaluate whether an activity will result
14in a significant adverse impact to the functional values and water quality associated
15with a wetland by doing all of the following:
AB426,134,1916 (a) Comparing the functional values and water quality of the wetland with
17other wetlands located within the boundaries of the mining site or within the same
18water management unit as the mining site and with other waters of the state that
19are located in the same water management unit.
AB426,134,2120 (b) Taking into consideration the floristic province in which the mining site is
21located.
AB426,134,24 22(7) Approval by department; nonfederal wetlands. The department shall
23issue a water quality certification under this section for a nonfederal wetland, if the
24department determines all of the following:
AB426,135,2
1(a) All practicable measures will be taken to minimize the adverse impacts to
2wetlands.
AB426,135,43 (b) Any significant adverse impacts to functional values and water quality that
4remain are offset through a compensation or mitigation program under sub. (8).
AB426,135,7 5(8) Compensation and mitigation program. (a) Contents. A compensation and
6mitigation program to offset significant adverse impacts to functional values and
7water quality of wetlands shall contain all of the following:
AB426,135,118 1. Proposed projects for compensation or mitigation and a schedule for
9implementing the projects. The projects may include riparian restoration projects.
10These projects may be performed by a person other than the applicant, subject to the
11department's approval of the projects and schedule.
AB426,135,1312 2. If the program is applicable to a federal wetland, all federal compensatory
13mitigation requirements associated with the federal wetland application.
AB426,135,1514 (b) Option of applicant. An applicant submitting a program under par. (a) may
15submit proposals for compensation or mitigation or any combination thereof.
AB426,135,1916 (c) Ratios for mitigation. The amount of mitigation required may not exceed
171.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of
18credits in a mitigation bank, each acre that is subject to mitigation shall count as at
19least one credit.
AB426,135,2520 (d) Sequence. If it is not practicable or ecologically preferable to conduct
21compensation or mitigation at an on-site location or if there is no on-site location
22that will provide sufficient wetland acreage, the department shall allow the
23applicant to conduct compensation or mitigation at a site other than an on-site
24location. Compensation or mitigation shall be accomplished through the following
25options:
AB426,136,4
11. Implementation of a project for compensation or mitigation. Projects for
2compensation at a site other than an on-site location may include projects to protect
3upland groundwater recharge areas, shoreline stabilization projects, and riparian
4restoration projects.
AB426,136,65 2. Purchase of credits from a mitigation bank for a site in a mitigation bank that
6is located anywhere in the state.
AB426,136,107 3. Purchase of mitigation credits from a mitigation bank established prior to
8February 1, 2002, if the department determines that the bank sponsor is in
9compliance with any applicable memorandum of understanding between the bank
10sponsor and the department.
AB426,136,13 11(9) Mining permit. Any water quality certification issued by the department,
12including all of the conditions imposed as part of the certification, shall be included
13in the mining permit.
AB426,136,23 14(10) Conservation easements. (a) A person who is the holder of a water quality
15certification that authorizes mitigation to be implemented by the holder of the
16certification at an on-site location shall grant a conservation easement under s.
17700.40 to the department to ensure that the wetland that is subject to the mitigation
18will not be destroyed or substantially degraded by any subsequent proprietor of or
19holder of interest in the property on which the wetland is located. The department
20shall suspend the mining permit if the holder of the permit fails to grant the
21easement within the time limit set forth in the mining permit. If the holder
22subsequently grants the conservation easement to the department, the department
23shall reinstate the mining permit.
AB426,136,2524 (b) Notwithstanding par. (a), the department shall modify or release a
25conservation easement granted under par. (a) if all of the following apply:
AB426,137,2
11. The department determines that part or all of the wetland subject to the
2mitigation ceases to be a wetland.
AB426,137,43 2. The person who is required to grant the conservation easement did not
4contribute to the loss of the wetland as specified in subd. 1.
AB426,137,75 3. Any subsequent proprietor of or holder of interest in the property on which
6the wetland specified in subd. 1. is located did not contribute to the loss of the
7wetland.
AB426,137,11 8(11) Exemptions. (a) Artificial wetlands. All of the following artificial wetlands
9that are associated with a mining operation are exempt from the water quality
10certification provisions and compensation and mitigation provisions under this
11section and under any other statute or rule relating to impacts on wetlands:
AB426,137,1412 1. An artificial wetland that is a sedimentation or stormwater detention basin
13or associated conveyance feature operated and maintained only for sediment
14detention and flood storage purposes.
AB426,137,1615 2. An artificial wetland that is an active sewage lagoon, cooling pond, waste
16disposal pit, fish rearing pond, or landscape pond.
AB426,137,1817 3. An artificial wetland that is actively maintained farm drainage and roadside
18ditches.
AB426,137,1919 4. An artificial wetland as part of an active mining operation.
AB426,137,2420 (c) Other exempted activities. For nonfederal wetlands, all of the following
21activities that are associated with a mining operation or bulk sampling are exempt
22from the water quality provisions and compensation and mitigation provisions under
23this section and any other law relating to impact on wetlands if the applicant
24minimizes any adverse effect on the environment as a result of the activities:
AB426,138,2
11. Maintenance, emergency repair, or reconstruction of damaged parts of
2structures that are in use in a wetland.
AB426,138,33 2. Construction or maintenance of irrigation or drainage ditches.
AB426,138,64 3. Construction or maintenance of farm roads, forest roads, or temporary
5mining roads that is performed in accordance with best management practices, as
6determined by the department.
AB426,138,8 7(12) Relationship to other laws. None of the following apply to a mining
8operation or bulk sampling:
AB426,138,109 (a) Sections 281.36 and 281.37, except as otherwise specifically provided in this
10section.
AB426,138,1311 (b) Any rule promulgated by the department relating to wetlands that conflicts
12with this section, except that no rule promulgated by the department under s. 281.36
13or 281.37 applies to a mining operation or bulk sampling.
AB426,138,16 14295.605 Impacts to navigable waters. (1) Definition. In this section,
15"navigable water activity" means an activity for which a permit or contract is
16required under s. 30.12, 30.123, 30.19, 30.195, or 30.20.
AB426,138,19 17(2) Permit or contract required. No person may engage in any navigable
18water activity associated with bulk sampling or mining unless the person has been
19issued a permit or entered into a contract as provided under sub. (4).
AB426,138,22 20(3) Application; riparian status. (a) Any person who intends to engage in a
21navigable water activity associated with bulk sampling or mining need not be a
22riparian owner to do any of the following:
AB426,138,2423 1. Apply for and be issued an individual permit for a navigable water activity
24under s. 30.12, 30.123, 30.19, or 30.195.
AB426,138,2525 1m. Enter into a contract under s. 30.20.
AB426,139,2
12. Engage in an activity that is exempt under s. 30.12, 30.123, 30.19, 30.195,
2or 30.20.
AB426,139,43 3. Seek authorization under a general permit issued under s. 30.12, 30.123,
430.19, or 30.20.
AB426,139,85 (b) If a person is applying for more than one permit or contract for a navigable
6water activity associated with bulk sampling or mining, the person may file a single
7application. The application shall include any information requested by the
8department under s. 295.45 (3).
AB426,139,11 9(4) Requirements. (a) Generally. The department shall issue a permit, or enter
10into a contract, for a navigable water activity if the navigable water activity meets
11all of the following requirements:
AB426,139,1312 1. The navigable water activity will not significantly impair public rights and
13interests in a navigable water.
AB426,139,1514 2. The navigable water activity will not significantly reduce the effective flood
15flow capacity of a stream.
AB426,139,1716 3. The navigable water activity will not significantly affect the rights of
17riparian owners or the applicant obtains the consent of the riparian owners.
AB426,139,1818 4. The navigable water activity will not significantly degrade water quality.
AB426,139,2219 (b) Measures. The person applying for the permit or contract shall submit a
20plan to the department containing proposed measures to to meet the requirements
21under par. (a) and a proposed schedule for implementing the measures. The plan
22shall include one or more of the following measures:
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