AB426,69,2017 (e) The department shall release a bond submitted under this subsection one
18year after the time for completing the bulk sampling and the revegetation set forth
19in the bulk sampling plan if the department determines that the person who engaged
20in bulk sampling has complied with this section.
AB426,70,3 21(6) (a) If the department determines that proposed bulk sampling will have an
22adverse effect, as defined in s. 44.31 (1), on a historic property, as defined in s. 44.31
23(3), that is a listed property, as defined in s. 44.31 (4), that is on the Wisconsin
24inventory of historic places, as defined in s. 44.31 (12), or that is on the list of locally
25designated historic places under s. 44.45, but that the applicant is taking measures

1to minimize that adverse effect, no notice to the state historic preservation officer
2under s. 44.40 (1) or negotiations between the department and state historic
3preservation officer under s. 44.40 (3) are required.
AB426,70,84 (b) If an adverse effect described in par. (a) cannot practicably be minimized,
5any negotiations between the department and state historic preservation officer
6shall be concluded no later than 60 days after the date on which the application for
7the approval that authorizes the bulk sampling activity that will have an adverse
8effect is considered to be complete under sub. (4).
AB426,70,11 9(7) Notwithstanding any provision in ch. 23, 29, 30, 169, 281, 283, 285, 289, or
10291 or a rule promulgated under those chapters applicable to an approval identified
11under sub. (3), all of the following apply:
AB426,70,1612 (a) When considering an application for an approval identified under sub. (3),
13the department shall recognize the fixed location of the metallic mineral deposits,
14the water needs inherent in mining, and the need for mining waste sites and
15processing facilities, including wastewater and sludge storage or treatment lagoons,
16to be contiguous to the location of the ferrous mineral deposits.
AB426,70,1917 (b) When issuing an approval, the department shall require the bulk sampling
18activity for which the approval is issued to be conducted at locations that result in
19the fewest overall adverse environmental impacts, to the extent practicable.
AB426,70,24 20(8) In determining whether to approve or deny an application for an approval
21identified under sub. (3), the department shall consider the site-specific erosion
22control plan, the revegetation plan, and any compensation or mitigation under s.
23295.60, any measures under s. 295.605, or any conservation measures under s.
24295.61 that the applicant proposes to take.
AB426,71,5
1(9) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281, 283,
2285, 289, or 291 or in a rule promulgated under those chapters that is applicable to
3an approval identified under sub. (3), the department shall approve or deny the
4application within 30 days after the day on which the application is considered to be
5complete under sub. (4) if any of the following apply:
AB426,71,86 (a) The application is for a waiver, exemption, or exception to an approval for
7a bulk sampling activity or for a determination that the proposed bulk sampling
8activity is below the threshold that requires an approval.
AB426,71,109 (b) The application is for a determination of eligibility for coverage under a
10general permit or a registration permit.
AB426,71,18 11(10) (a) Notwithstanding any inconsistent period in ch. 23, 29, 30, 169, 281,
12283, 285, 289, or 291 or in a rule promulgated under those chapters that is applicable
13to an approval identified under sub. (3), the department shall approve or deny any
14application for an approval identified under sub. (3) to which sub. (9) does not apply
15within 60 days after the date on which the application is considered to be complete
16under sub. (4), unless the application is for an individual permit for which federal law
17requires the opportunity for public comment or the ability to request a public hearing
18prior to issuance of the approval.
AB426,72,219 (b) The department shall publish a class 1 notice, under ch. 985, that describes
20the availability of information concerning the activity for which an approval
21described in par. (a) is required, its proposed decision, its draft approval, information
22or summaries related to the approval, the department's analyses and preliminary
23determinations relating to the approval, the preapplication description under s.
24295.46, any additional information that a law concerning the approval requires to be

1made available, and the opportunity to submit written comments within 30 days
2after the notice is published.
AB426,72,73 (c) In the notice under par. (b), the department shall also specify the date, time,
4and location of the public informational hearing. The department shall send the
5notice to any person to whom the department is required to give notice of any
6proposed determination, application, or hearing concerning an approval described
7in par. (a) under the laws relating to the issuance of the approval.
AB426,72,148 (d) If there is more than one approval described in par. (a), the department shall
9issue one notice and coordinate the public comment period for all of the approvals.
10If possible, the department shall coordinate the notice and the public comment
11period for an approval that is an individual permit for which federal law requires the
12opportunity for public comment or the ability to request a public hearing prior to
13issuance of the approval with notice and the public comment period for the approvals
14described in par. (a).
AB426,72,2515 (e) The department shall hold a public informational hearing within 30 days
16after publishing the notice under par. (b). The department shall hold the public
17informational hearing in the county where the majority of the proposed bulk
18sampling site is located. If there is more than one approval described in par. (a), the
19department shall hold a single public informational hearing covering all of the
20approvals and the preapplication description under s. 295.46. If possible, the
21department shall include consideration of an approval that is an individual permit
22for which federal law requires the opportunity for public comment or the ability to
23request a public hearing prior to issuance of the approval in the public informational
24hearing under this paragraph. The public informational hearing under this
25paragraph is not a contested case hearing under ch. 227.
AB426,73,7
1(10g) (a) If it is not possible to coordinate the public comment period and public
2informational hearing for an approval that is an individual permit for which federal
3law requires the opportunity for public comment or the ability to request a public
4hearing prior to issuance of the approval with the public comment period and public
5informational hearing under sub. (10), the department shall issue a separate public
6notice and hold a separate public informational hearing for the approval in
7accordance with the law governing the approval.
AB426,73,108 (b) The department shall approve or deny the application for an approval to
9which par. (a) applies within 180 days after the date on which the application is
10considered to be complete under sub. (4).
AB426,73,12 11(10r) An approval identified under sub. (3) is issued upon mailing and is final
12and effective upon issuance.
AB426,73,15 13(11) The department is not required to prepare an environmental impact
14statement or an environmental assessment for an approval required for bulk
15sampling.
AB426,73,23 16295.46 Preapplication description. (1) A person who files a bulk sampling
17plan under s. 295.45 with regard to a proposed mining project shall file, together with
18the bulk sampling plan, a general description of the proposed mining project. A
19person who proposes to engage in a mining project, but who does not file a bulk
20sampling plan, shall file a general description of the proposed mining project with
21the department at the time that the person provides the notice of intent to file an
22application for a mining permit under s. 295.465. The general description shall
23include all of the following:
AB426,73,2424 (a) A description of the proposed mining site.
AB426,73,2525 (b) A map that shows all of the following:
AB426,74,2
11. The boundaries of the area of land that will be affected by the proposed
2mining project.
AB426,74,43 2. The location and names of all streams, roads, railroads, pipelines, and utility
4lines on or within 1,000 feet of the proposed mining site.
AB426,74,55 3. The name or names of the owner or owners of the proposed mining site.
AB426,74,86 4. The name of each city, village, or town in which the proposed mining site is
7located and the name of any other city, village, or town that is located within 3 miles
8of the proposed mining site.
AB426,74,109 5. The federal natural resources conservation service land capabilities
10classifications of the area affected by the proposed mining project.
AB426,74,1111 6. The elevation of the water table.
AB426,74,1412 (c) A general description of the nature, extent, and final configuration of the
13proposed excavation and mining site, including an estimate of the production of
14tailings, waste rock, and other refuse and the location of their disposal.
AB426,74,1615 (d) A general conceptual description of the likely operating procedures of the
16proposed mining project.
AB426,74,1817 (e) The likely location, and a general description, of the excavation, waste site,
18and processing facilities relating to the proposed mining project.
AB426,75,2 19(2) (a) If the department provides notice to an applicant under s. 295.45 (3) that
20no approvals are required for bulk sampling or if a person who proposes to engage
21in a mining project files a preapplication description of the proposed mining project
22at the time that the person provides the notice of intent to file an application for a
23mining permit under s. 295.465 because the person did not file a bulk sampling plan,
24the department shall publish a class 1 notice, under ch. 985, of a public informational
25hearing on the proposed mining project. The department shall publish the notice

1when if notifies the applicant that no approvals are required or after it receives the
2notice of intent.
AB426,75,33 (b) In a notice under par. (a), the department shall do all of the following:
AB426,75,44 1. Describe the availability of the preapplication description.
AB426,75,65 2. Describe the opportunity to submit written comments within 30 days after
6the notice is published.
AB426,75,77 3. Specify the date, time, and location of the public informational hearing.
AB426,75,88 (c) The department shall send a notice under par. (a) to all of the following:
AB426,75,109 1. The clerk of any city, village, town, or county within which any part the
10proposed mining site lies.
AB426,75,1211 2. The clerk of any city, village, or town, contiguous to any city, village, or town
12within which any portion of the proposed mining site is located.
AB426,75,1413 3. Any regional planning commission for the area within which the affected
14area lies.
AB426,75,1615 4. Any state agency that the department knows may be required to grant a
16permit or other authorization necessary for the proposed mining project.
AB426,75,1717 5. Any interested person who has requested notification.
AB426,75,2118 (d) The department shall hold a public informational hearing within 30 days
19after publishing the notice under par. (a). The department shall hold the public
20informational hearing in the county in which the majority of the proposed mining site
21is located.
AB426,76,4 22295.465 Preapplication notification. (1) At least 12 months before filing
23an application for a mining permit under s. 295.47, a person proposing to engage in
24a mining project shall notify the department in writing of the intention to file an
25application for a mining permit. After receiving the notification, the department

1shall hold at least one meeting with the person to make a preliminary assessment
2of the project's scope, to make an analysis of alternatives, to identify potential
3interested persons, and to ensure that the person making the proposal is aware of
4all of the following:
AB426,76,65 (a) The approvals, including the filing requirements for the approvals, that the
6person may be required to obtain for the mining project.
AB426,76,97 (b) The requirements for submission of an environmental impact report and for
8submission of any other information required by the department to prepare an
9environmental impact statement under s. 295.53.
AB426,76,1110 (c) The information the department will require to enable the department to
11process the application for the mining permit in a timely manner.
AB426,76,13 12(2) Within 60 days of a meeting under sub. (1), the department shall provide
13all of the following to the person:
AB426,76,1414 (a) A detailed written summary of the requirements under sub. (1) (a) to (c).
AB426,76,1815 (b) Any available information relevant to the potential impacts of the mining
16project on rare, threatened, or endangered species and historic or cultural resources
17and any other information relevant to potential impacts that may occur from the
18project that are required to be considered under s. 1.11.
AB426,77,219 (c) Available information to evaluate the environmental impact of the project
20and to expedite the preparation of the environmental impact report and the
21environmental impact statement, including information concerning preliminary
22environmental reviews, field studies, and investigations; monitoring programs to
23establish baseline water quality; laboratory studies and investigations; advisory
24services; and the timing and the processes associated with any necessary
25consultations with other state or federal agencies and within the department, such

1as those required for endangered resources and cultural resource consultations and
2approvals.
AB426,77,14 3295.47 Application for mining permit. (1) (a) No person may engage in
4mining or reclamation at any mining site unless the mining site is covered by a
5mining permit and by written authorization to mine under s. 295.59 (3). An
6applicant shall submit an application for a mining permit to the department in
7writing and in reproducible form and shall provide the number of copies that are
8requested by the department. An application and a mining permit are required for
9each separate mining site. The applicant shall distribute copies of the application
10to the clerk of any city, village, town, or county with zoning jurisdiction over the
11proposed site, to the clerk of any city, village, town, or county within whose
12boundaries any portion of the proposed mining site is located, and to the main public
13library of each city, village, town, or county with zoning jurisdiction over the proposed
14site or within whose boundaries any portion of the proposed site is located.
AB426,77,1815 (b) If a person proposes to conduct mining at a mining site that includes an
16abandoned mining site, the person shall include plans for reclamation of the
17abandoned mining site, or the portion of the abandoned mining site that is included
18in the mining site, in its mining plan and reclamation plan.
AB426,77,20 19(2) As a part of each application for a mining permit, the applicant shall furnish
20all of the following:
AB426,77,2121 (a) A mining plan under s. 295.48.
AB426,77,2222 (b) A reclamation plan under s. 295.49.
AB426,77,2323 (c) A mining waste site feasibility study and plan of operation under s. 295.51.
AB426,78,3
1(e) The name and address of each owner of land within the mining site and each
2person known by the applicant to hold any option or lease on land within the mining
3site.
AB426,78,44 (f) A list of all mining permits in this state held by the applicant.
AB426,78,85 (g) Evidence the applicant has applied or will apply for necessary permits or
6other permissions under all applicable zoning ordinances and that the applicant has
7applied or will apply to the department for any approval and has applied or will apply
8for any other license or permit required under state law.
AB426,78,109 (h) 1. The information specified in subd. 2. concerning the occurrence of any of
10the following within 10 years before the application is submitted:
AB426,78,1511 a. A forfeiture by the applicant, principal shareholder of the applicant, or a
12related person of a mining reclamation bond that was sufficient to cover all costs of
13reclamation and was posted in accordance with a permit or other approval for a
14mining operation in the United States, unless the forfeiture was by agreement with
15the entity for whose benefit the bond was posted.
AB426,78,1816 b. A felony conviction of the applicant, a related person, or an officer or director
17of the applicant for a violation of a law for the protection of the natural environment
18arising out of the operation of a mining site in the United States.
AB426,78,2119 c. The bankruptcy or dissolution of the applicant or a related person that
20resulted in the failure to reclaim a mining site in the United States in violation of a
21state or federal law.
AB426,78,2522 d. The permanent revocation of a mining permit or other mining approval
23issued to the applicant or a related person if the permit or other mining approval was
24revoked because of a failure to reclaim a mining site in the United States in violation
25of state or federal law.
AB426,79,2
12. The applicant shall specify the name and address of the person involved in
2and the date and location of each occurrence described in subd. 1.
AB426,79,43 (i) A description of any land contiguous to the proposed mining site that the
4applicant owns or leases or has an option to purchase or lease.
AB426,79,65 (j) Any other pertinent information that the applicant believes may be useful
6to the department.
AB426,79,12 7295.48 Mining plan. (1) General. An applicant for a mining permit shall
8submit as part of the application a mining plan that includes a description of the
9proposed mining site and either a detailed map drawn to a scale approved by the
10department or aerial photographs, if the photographs show the details to the
11satisfaction of the department, prepared and certified by a competent engineer,
12surveyor, or other person approved by the department that show all of the following:
AB426,79,1313 (a) The boundaries of the area of land that will be affected.
AB426,79,1414 (b) The drainage area above and below the area that will be affected.
AB426,79,1615 (c) The location and names of all streams, roads, railroads, pipelines, and
16utility lines on or within 1,000 feet of the mining site.
AB426,79,1717 (d) The name or names of the owner or owners of the mining site.
AB426,79,1918 (e) The name of the city, village, or town in which the mining site is located and
19the name of any other city, village, or town that is within 3 miles of the mining site.
AB426,79,21 20(2) Descriptive data. The applicant shall provide descriptive data to
21accompany the map or photographs under sub. (1), including all of the following:
AB426,79,2322 (a) The federal natural resources conservation service land capabilities
23classifications of the affected area.
AB426,79,2424 (b) The elevation of the water table.
AB426,80,3
1(c) Details of the nature, extent, and final configuration of the proposed
2excavation and mining site, including the total estimated production of tailings,
3waste rock, and other refuse and the location of their disposal.
AB426,80,44 (d) The nature and depth of the overburden.
AB426,80,7 5(3) Operating procedures. The applicant shall also include in the mining plan
6the details of the proposed operating procedures, including descriptions of all of the
7following:
AB426,80,88 (a) The sequence of mining operations.
AB426,80,99 (b) The handling of overburden materials.
AB426,80,1010 (c) The production, handling, and final disposition of tailings.
AB426,80,1211 (d) The milling, concentrating, refining, and other processing of ferrous
12minerals.
AB426,80,1313 (e) The storage, loading, and transportation of the final product.
AB426,80,1714 (f) Groundwater and surface water management techniques, including
15provisions for erosion protection and drainage control, and a water management
16plan showing water sources, flow paths and rates, storage volumes, and release
17points.
AB426,80,1918 (g) Plans for collection, treatment, and discharge of any water resulting from
19the mining.
AB426,80,2020 (h) Plans for protecting air quality under ch. 285.
AB426,80,2121 (hm) A plan for monitoring environmental changes at the mining site.
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