AB426,52,24 18(2m) Confidentiality. The department shall protect as confidential any
19information, other than effluent data, contained in an application for an exploration
20license, upon a showing that the information is entitled to protection as a trade
21secret, as defined in s. 134.90 (1) (c), and any information relating to the location,
22quality, or quantity of a ferrous mineral deposit, to production or sales figures, or to
23processes or production unique to the applicant or that would tend to adversely affect
24the competitive position of the applicant if made public.
AB426,53,6
1(3) Bond. (a) An applicant shall submit, as part of the application for an
2exploration license, a bond in the amount of $5,000 that is conditioned on faithful
3performance of the requirements of this section, that is issued by a surety company
4licensed to do business in this state, and that provides that the bond may not be
5canceled by the surety, except after not less than 90 days' notice to the department
6in writing by registered or certified mail.
AB426,53,117 (b) If the surety for a bond submitted under par. (a) issues a cancellation notice,
8the explorer shall deliver a replacement bond at least 30 days before the expiration
9of the 90 day notice period. If the explorer fails to submit a replacement bond, the
10explorer may not engage in exploration until the explorer submits a replacement
11bond.
AB426,53,1612 (c) If the license of the surety company for a bond submitted under par. (a) is
13revoked or suspended, the explorer, within 30 days after receiving written notice
14from the department, shall deliver a replacement bond. If the explorer fails to submit
15a replacement bond, the explorer may not engage in exploration until the explorer
16submits a replacement bond.
AB426,53,2017 (d) The department may require that the amount of the bond submitted under
18this subsection be increased at any time, if the department determines that the level
19of activity by the explorer makes it likely that the bond would be inadequate to fund
20the termination of all drillholes for which the explorer is responsible.
AB426,53,2421 (e) The department shall release a bond submitted under this subsection one
22year after the issuance of the last certificate of completion of exploration under sub.
23(9) (c) 3. if the explorer no longer holds an exploration license and the department
24determines that the explorer has complied with this section.
AB426,54,9
1(4) Issuance or denial of exploration license. (a) Except as provided in par.
2(c), within 10 business days of receiving an administratively complete application for
3an exploration license, the department shall issue the exploration license or provide
4the notice required under par. (f) of intent not to issue the exploration license, unless
5the application is for an upcoming license year. If an application is for an upcoming
6license year, the department shall issue the exploration license or provide the notice
7required under par. (f) of intent not to issue the exploration license within 10
8business days of receiving an administratively complete application or on the next
9July 1, whichever is later.
AB426,54,2210 (b) An application for an exploration license is considered to be
11administratively complete on the day that it is submitted, unless, before the 10th
12business day after receiving the application, the department provides the applicant
13with written notification that the application is not administratively complete. The
14department may determine that an application is not administratively complete only
15if the application does not include an exploration plan; a reclamation plan; an
16exploration license fee; a bond; a certificate of insurance; or a copy of the applicant's
17most recent annual report to the federal securities and exchange commission on form
1810-K, or, if this is not available, a report of the applicant's current assets and
19liabilities or other data necessary to establish that the applicant is competent to
20conduct exploration in this state. The department may not consider the quality of
21the information provided. In a notice provided under this paragraph, the
22department shall identify what is missing from the application.
AB426,55,523 (c) If the department provides notification, in compliance with par. (b), that an
24application is not administratively complete, the department shall issue the
25exploration license or provide the notice required under par. (f) of intent not to issue

1the license within 7 business days of receipt of the missing item, unless the
2application is for an upcoming license year. If the application is for an upcoming
3license year, the department shall issue the exploration license or provide the notice
4required under par. (f) of intent not to issue the exploration license within 7 business
5days of receipt of the missing item or on the next July 1, whichever is later.
AB426,55,106 (d) If the department does not comply with par. (a) or (c), the application is
7automatically approved and the department shall issue an exploration license that
8includes the requirements in sub. (5). The explorer may engage in exploration based
9on the automatic approval, notwithstanding any delay by the department in issuing
10the license.
AB426,55,1511 (e) Subject to par. (f), the department shall deny an application for an
12exploration license if the department finds that, after the activities in the exploration
13plan and the reclamation plan have been completed, the exploration will have a
14substantial and irreparable adverse impact on the environment or present a
15substantial risk of injury to public health and welfare.
AB426,56,516 (f) Before denying an application, the department shall provide the applicant
17with written notification of its intent not to issue the exploration license, setting
18forth all of the reasons for its intent not to issue the exploration license, including
19reference to competent evidence supporting its position. The department shall
20provide the person with an opportunity to correct any deficiencies in the exploration
21plan or restoration plan within 10 business days. If the person amends the
22exploration plan or reclamation plan and corrects the deficiencies, the department
23shall issue the exploration license within 10 business days of receipt of the amended
24exploration plan or reclamation plan, unless the application is for an upcoming
25license year. If an application is for an upcoming license year, the department shall

1issue the exploration license within 10 business days of receipt of the amended
2exploration plan or reclamation plan or on the next July 1, whichever is later. If the
3department determines that the deficiencies have not been corrected, it shall deny
4the application, in writing, setting forth all of the reasons for its determination,
5including reference to competent evidence supporting the determination.
AB426,56,7 6(5) Requirements in exploration license. The department shall include all of
7the following in an exploration license:
AB426,56,118 (a) A requirement that if the explorer wishes to temporarily abandon a drillhole
9so that the explorer may use the drillhole for future exploration, the explorer leave
10the well casing in place and seal the upper end of the casing with a watertight
11threaded or welded cap.
AB426,56,1412 (b) A requirement to permanently abandon a drillhole 4 inches in diameter or
13smaller by filling the drillhole from the bottom upward to the surface of the ground
14with concrete grout or neat cement grout.
AB426,56,1715 (c) A requirement to abandon a drillhole larger than 4 inches in diameter by
16filling the drillhole from the bottom upward to the surface of the ground with
17concrete grout or neat cement grout or in one of the following ways:
AB426,56,2518 1. If the drillhole is constructed in limestone, dolomite, shale, or Precambrian
19formations, such as granite, gabbro, gneiss, schist, slate, greenstone, or quartzite, by
20filling the drillhole with gravel or crushed rock or, if it is physically impracticable to
21use gravel or crushed rock and if the department approves, with clay slurry, from the
22bottom upward to a point 20 feet below the top of the first rock formation encountered
23below the surface of the ground or to at least 40 feet below the surface of the ground,
24whichever is the greater depth, and filling the remainder of the drillhole with
25concrete grout or neat cement grout.
AB426,57,7
12. If the drillhole is constructed in sandstone formation, by filling the drillhole
2with disinfected sand or pea gravel or, if it is physically impracticable to use sand or
3pea gravel and if the department approves, with clay slurry, from the bottom upward
4to a point 20 feet below the top of the first rock formation encountered below the
5surface of the ground or to at least 40 feet below the surface of the ground, whichever
6is the greater depth, and filling the remainder of the drillhole with concrete grout or
7neat cement grout.
AB426,57,118 3. If the drillhole is constructed in glacial drift or other unconsolidated
9formation, by filling the hole with clean clay slurry to a point 20 feet below the surface
10of the ground and filling the remainder of the drillhole with concrete grout or neat
11cement grout.
AB426,57,1512 4. If the drillhole is constructed in mixed rock types, by filling the drillhole as
13provided in subds. 1., 2., and 3., and providing a concrete grout or neat cement grout
14plug that extends at least 20 feet above and below the point of surface contact
15between each recognized geologic rock type.
AB426,57,1716 (d) 1. A requirement to use a conductor pipe or, when practical, a dump bailer
17when filling a drillhole.
AB426,57,2018 2. A requirement to keep the bottom end of the conductor pipe submerged in
19concrete grout or neat cement grout at all times when concrete grout or neat cement
20grout is placed under water using a conductor pipe.
AB426,57,2421 3. A requirement to fill the drillhole at the same time that all or part of the
22drillhole casing is removed from an unconsolidated formation, such as sand or gravel,
23that will not remain open upon abandonment of a drillhole and to keep the end of the
24casing below the surface of the fill material throughout the operation.
AB426,58,4
1(e) A requirement to obtain approval from the department of the method of
2containing the flow from, and the method of eventual abandonment of, a drillhole
3that penetrates an aquifer under artesian pressure so that the groundwater flows at
4the surface of the ground.
AB426,58,6 5(6) Renewals. (a) An explorer wishing to renew an exploration license shall
6file with the department a renewal application that includes all of the following:
AB426,58,77 1. A renewal fee of $150.
AB426,58,88 2. A bond that satisfies sub. (3) (a).
AB426,58,99 3. A certificate of insurance that satisfies sub. (2) (e).
AB426,58,1310 4. A copy of the applicant's most recent annual report to the federal securities
11and exchange commission on form 10-K, or, if this is not available, a report of the
12applicant's current assets and liabilities or other data necessary to establish that the
13applicant is competent to conduct exploration in this state.
AB426,58,1614 5. Either a statement that no changes are being proposed to the exploration
15plan and reclamation plan previously approved by the department or a new
16exploration plan or reclamation plan if the applicant proposes to make changes.
AB426,58,2017 (b) Except as provided in par. (d), within 10 business days of receiving an
18administratively complete application for renewal of an exploration license, the
19department shall renew the exploration license or provide the notice, required under
20par. (g), of intent not to renew the exploration license.
AB426,59,1021 (c) An application for renewal of an exploration license is considered to be
22administratively complete on the day that it is submitted, unless, before the 10th
23business day after receiving the application, the department provides the explorer
24with written notification that the application is not administratively complete. The
25department may determine that an application is not administratively complete only

1if the application does not include a renewal fee; a bond; a certificate of insurance;
2a copy of the applicant's most recent annual report to the federal securities and
3exchange commission on form 10-K, or, if this is not available, a report of the
4applicant's current assets and liabilities or other data necessary to establish that the
5applicant is competent to conduct exploration in this state; or either a statement that
6no changes are being proposed to the exploration plan and reclamation plan
7previously approved by the department or a new exploration plan or reclamation
8plan if the applicant proposes to make changes. The department may not consider
9the quality of any information provided. In a notice provided under this paragraph,
10the department shall identify what is missing from the application.
AB426,59,1411 (d) If the department provides notification, in compliance with par. (c), that an
12application is not administratively complete, the department shall renew the
13exploration license or provide the notice, required under par. (g), of intent not to
14renew the exploration license within 7 business days of receipt of the missing item.
AB426,59,1615 (e) If the department does not comply with par. (b) or (d), the application for
16renewal is automatically approved.
AB426,59,2217 (f) Subject to par. (g), the department shall deny an application for renewal of
18an exploration license only if the applicant has filed a new exploration plan or
19reclamation plan and the department finds that the exploration, after completion of
20the new exploration plan and the new reclamation plan, will have a substantial and
21irreparable adverse impact on the environment or present a substantial risk of injury
22to public health and welfare.
AB426,60,923 (g) Before denying an application, the department shall provide the person who
24submitted the application with written notification of its intent not to renew the
25exploration license, setting forth all of the reasons for its intent not to renew the

1exploration license, including reference to competent evidence supporting its
2position. The department shall provide the person with an opportunity to correct any
3deficiencies in the exploration plan or restoration plan within 10 business days. If
4the person amends the exploration plan or reclamation plan and corrects the
5deficiencies, the department shall renew the exploration license within 10 business
6days of receipt of the amended exploration plan or reclamation plan. If the
7department determines that the deficiencies have not been corrected, it shall deny
8the application, in writing, setting forth all of the reasons for it's determination,
9including reference to competent evidence supporting the determination.
AB426,60,1110 (h) The renewal of an exploration license takes effect on the date of issuance
11and expires on the following June 30.
AB426,60,14 12(7) Revocation or suspension of exploration license. After a hearing, the
13department may revoke or suspend an exploration license if it determines that any
14of the following apply:
AB426,60,1615 (a) The explorer has not complied with a statute, a rule promulgated by the
16department, or a condition in the exploration license.
AB426,60,1817 (b) The explorer has failed to increase bond amounts to adequate levels as
18provided under sub (3) (d).
AB426,60,25 19(8) Notice procedure. (a) An explorer shall notify the department of the
20explorer's intent to drill on a parcel by registered mail at least 5 days prior to the
21beginning of drilling. Notice is considered to be given on the date that the
22department receives the notice. In the notice, the explorer shall specify which
23drillholes identified in the exploration plan the explorer intends to drill. The
24explorer shall send the notice to the subunit of the department with authority over
25mine reclamation.
AB426,61,4
1(b) A notice of intent to drill provided under par. (a) remains in effect for one
2year beginning on the date that the department receives the notice. If the explorer
3wishes to continue drilling on the parcel after the notice is no longer in effect, the
4explorer shall resubmit a notice of intent to drill on the parcel.
AB426,61,11 5(9) Reports. (a) Within 10 days after completing the temporary or permanent
6abandonment of a drillhole, an explorer shall file with the department an
7abandonment report that describes the means and method used in the abandonment
8and is signed by an authorized representative of the explorer attesting to the
9accuracy of the information contained in the report. The explorer shall submit the
10abandonment report to the department's district office for the district in which the
11drilling site is located.
AB426,61,1612 (b) After permanent abandonment of a drillhole and regrading and
13revegetation of the drilling site, an explorer shall notify the department of
14completion of termination of the drilling site. The explorer shall submit the notice,
15in writing, to the department's district office for the district in which the drilling site
16is located.
AB426,61,2317 (c) 1. After receipt of a notice under par. (b), the department shall notify the
18explorer in writing whether the termination is satisfactory or unsatisfactory. If the
19termination is unsatisfactory, the department shall inform the explorer of the
20necessary corrective measures. Following the completion of corrective measures, the
21explorer shall file written notice with the department's district office for the district
22in which the drilling site is located specifying the means and method used and
23stating that termination is complete.
AB426,62,3
12. If an explorer fails to comply with corrective measures identified under subd.
21., the department may suspend the explorer's exploration license in accordance with
3sub. (7).
AB426,62,64 3. Upon satisfactory completion of termination of a drilling site, the
5department shall issue a certificate of completion. The department may not issue a
6certificate of completion for a drilling site that has only been temporarily abandoned.
AB426,62,13 7(10) Drilling fees. Upon the submission of a report under sub. (9) (a) of
8temporary abandonment of a drillhole, if the drillhole is temporarily abandoned, or
9upon submission of a report under sub. (9) (a) of permanent abandonment of a
10drillhole, if the drillhole is not temporarily abandoned, the explorer shall pay a fee
11to the department. The fee is $100 per drillhole for the first 20 drillholes for which
12a report is filed in a license year and $50 for each subsequent drillhole for which a
13report is filed in that license year.
AB426,62,19 14(11) Inspections. (a) Any duly authorized officer, employee, or representative
15of the department may enter and inspect any property, premises, or place on or at
16which exploration is being performed at any reasonable time for the purpose of
17ascertaining the state of compliance with this section. No explorer may refuse entry
18or access to any authorized representative of the department who requests entry for
19the purposes of inspection and who presents appropriate credentials.
AB426,62,2120 (b) No person may obstruct, hamper, or interfere with any inspection
21authorized in par. (a).
AB426,62,2222 (c) No inspector may obstruct, hamper, or interfere with exploration activities.
AB426,63,2 23(12) Exemption. This section does not apply to an operator with a mining
24permit who is engaged in exploration activities on lands included in a mining plan

1and reclamation plan, if the mining plan or reclamation plan contains provisions
2relating to termination of the exploration activities.
AB426,63,5 3(13) Environmental analysis not required. The department is not required
4to prepare an environmental impact statement or an environmental assessment for
5an application for an exploration license.
AB426,63,9 6295.443 Local impact committee; local agreement. (1) A county, town,
7village, city, or tribal government likely to be substantially affected by potential or
8proposed mining may designate an existing committee, or establish a committee, for
9purposes of:
AB426,63,1010 (a) Facilitating communications between operators and itself.
AB426,63,1111 (b) Analyzing implications of mining.
AB426,63,1212 (c) Reviewing and commenting on reclamation plans.
AB426,63,1313 (d) Developing solutions to mining-induced growth problems.
AB426,63,1414 (e) Recommending priorities for local action.
AB426,63,1715 (f) Formulating recommendations to the investment and local impact fund
16board regarding distribution of funds under s. 70.395 (2) (g) related to mining for
17ferrous minerals.
AB426,63,1818 (g) Negotiating a local agreement under sub. (1m).
AB426,63,25 19(1m) A county, town, village, city, or tribal government that requires an
20operator to obtain an approval or permit under a zoning or land use ordinance and
21a county, town, village, or city in which any portion of a proposed mining site is
22located may, individually or in conjunction with other counties, towns, villages,
23cities, or tribal governments, enter into one or more agreements with an operator for
24the development of a mining operation. The local agreement may include any of the
25following:
AB426,64,2
1(a) A legal description of the land subject to the agreement and the names of
2its legal and equitable owners.
AB426,64,33 (b) The duration of the agreement.
AB426,64,44 (c) The uses permitted on the land.
AB426,64,75 (d) A description of any conditions, terms, restrictions, or other requirements
6determined to be necessary by the county, town, village, city, or tribal government for
7the public health, safety, or welfare of its residents.
AB426,64,98 (e) A description of any obligation undertaken by the county, town, village, city,
9or tribal government to enable the development to proceed.
AB426,64,1110 (f) The applicability or nonapplicability of county, town, village, city, or tribal
11ordinances, approvals, or resolutions.
AB426,64,1212 (g) A provision for the amendment of the agreement.
AB426,64,1413 (h) Other provisions determined to be reasonable and necessary by the parties
14to the agreement.
AB426,64,21 15(2) A county, town, village, city, or tribal government affected in common with
16another county, town, village, city, or tribal government by a proposed or existing
17mine may cooperatively designate or establish a joint committee, but may also
18maintain a separate committee under sub. (1). Committees under this section may
19include representatives of affected units of government, business, and industry,
20manpower, health, protective or service agencies, school districts, or environmental
21and other interest groups or other interested parties.
AB426,65,2 22(3) Persons applying for an exploration license under s. 295.44 shall thereafter
23appoint a liaison person to any committee established under sub. (1) or (2), and shall
24provide such reasonable information as is requested by the committee. Operators
25and persons applying for an exploration license under s. 295.44 shall thereafter

1make reasonable efforts to design and operate mining operations in harmony with
2community development objectives.
AB426,65,15 3(4) Committees established under sub. (1) or (2) may be funded by their
4appointing authority, and may, through their appointing authority, submit a request
5for operating funds to the investment and local impact fund board under s. 70.395.
6Committees established under sub. (1) shall be eligible for funds only if the county,
7town, village or city is also a participant in a joint committee, if any, established
8under sub. (2). The investment and local impact fund board may not grant funds for
9the use of more than one committee established under sub. (1) in relation to a
10particular mining proposal unless a joint committee has been established under sub.
11(2). The investment and local impact fund board shall grant operating funds to any
12committee that submits a request and is eligible under this subsection and s. 70.395
13(2) (fm). Committees may hire staff, enter into contracts with private firms or
14consultants or contract with a regional planning commission or other agency for staff
15services for mining-related purposes or the purposes under s. 70.395 (2) (fm).
AB426,65,22 16295.45 Bulk sampling plan. (1) A person who intends to engage in bulk
17sampling may file a bulk sampling plan with the department. The collection of data
18under a bulk sampling plan may include sampling and analysis related to
19geophysical, geochemical, groundwater, and surface water conditions, as well as any
20other data or studies necessary to prepare an application for a mining permit,
21including the mining plan, reclamation plan, mining waste site feasibility study and
22plan of operation, or any other approval required for the proposed mining.
AB426,65,23 23(2) A person shall include all of the following in a bulk sampling plan:
AB426,66,224 (a) A description and map of the bulk sampling site, including the number of
25acres in the site, the number of acres of land that will be disturbed, if any, associated

1with each bulk sampling location, and the locations and types of sampling or studies
2to be conducted at each bulk sampling location.
AB426,66,33 (b) A description of the methods to be used for the bulk sampling.
AB426,66,64 (c) A site-specific plan for controlling surface erosion that conforms to
5requirements under ss. 281.33 (3) and 283.33 and that identifies how impacts to
6plant and wildlife habitats will be avoided or minimized to the extent practicable.
AB426,66,117 (d) A revegetation plan for each area where bulk sampling will be performed
8that describes how adverse impacts to the environment will be avoided or minimized
9to the extent practicable and how the site will be revegetated and stabilized and that
10identifies how adverse impacts to plant and wildlife habitats will be avoided or
11minimized to the extent practicable.
AB426,66,1312 (e) The estimated time for completing the bulk sampling and revegetation of
13the bulk sampling locations.
AB426,66,1614 (f) A description of any known adverse environmental impacts that are likely
15to be caused by the bulk sampling and how those impacts will be avoided or
16minimized to the extent practicable.
AB426,66,2217 (g) A description of any adverse effects, as defined in s. 44.31 (1), that the bulk
18sampling might have on any historic property, as defined in s. 44.31 (3), that is a
19listed property, as defined in s. 44.31 (4), that is on the Wisconsin inventory of historic
20places, as defined in s. 44.31 (12), or that is on the list of locally designated historic
21places under s. 44.45; or any scenic or recreational areas; and plans to avoid or
22minimize those adverse effects to the extent practicable.
AB426,67,5 23(2m) The department shall protect as confidential any information, other than
24effluent data, contained in a bulk sampling plan and in any application for an
25approval that is required before the bulk sampling may be implemented, upon a

1showing that the information is entitled to protection as a trade secret, as defined in
2s. 134.90 (1) (c), and any information relating to the location, quality, or quantity of
3a ferrous mineral deposit, to production or sales figures, or to processes or production
4unique to the applicant or that would tend to adversely affect the competitive
5position of the applicant if made public.
AB426,67,13 6(3) Within 14 days of receipt of a bulk sampling plan, the department shall
7identify for the applicant, in writing, all approvals that are required before the bulk
8sampling may be implemented, any waivers, exemptions, or exceptions to those
9approvals that are potentially available, and any information that the department
10needs to issue the approvals or to issue a decision on any waiver, exemption, or
11exception. If no approvals are required, the department shall notify the applicant
12that no approvals are required and that the applicant may proceed with the bulk
13sampling.
AB426,67,17 14(3e) If a storm water discharge permit under s. 283.33 (1) (a) or a water quality
15certification under rules promulgated under subch. II of ch. 281 to implement 33
16USC 1341
(a) is required before bulk sampling may be implemented, the person filing
17the bulk sampling plan may apply for and be issued the permit or certification.
AB426,67,21 18(3m) The department shall act on any required construction site erosion
19control and storm water management approval, notwithstanding any authorization
20by the department of a local program to administer construction site erosion control
21and storm water management requirements.
AB426,67,22 22(3s) An applicant shall submit all of the following at the same time:
AB426,67,2323 (a) Applications for individual approvals identified under sub. (3).
AB426,67,2524 (b) Applications for coverage under general permits or registration permits
25identified under sub. (3).
Loading...
Loading...