AB426,87,2 23(1m) Location criteria. (a) Except as provided in par. (b), no person may locate
24or operate a mining waste site, excluding the portion of a mining site from which

1ferrous minerals are extracted and that is backfilled with mining waste, within 1,000
2feet of any of the following:
AB426,87,43 1. The nearest edge of the right-of-way of any state trunk highway, as defined
4in s. 340.01 (60).
AB426,87,55 2. The boundary of any state or national park.
AB426,87,76 3. The boundary of a scenic easement purchased by the department or the
7department of transportation.
AB426,87,88 4. The boundary of a designated scenic or wild river.
AB426,87,99 5. A scenic overlook designated by the department by rule.
AB426,87,1010 6. A hiking or biking trail designated by the department or the U.S. Congress.
AB426,87,1511 (b) The prohibition in par. (a) does not apply if, regardless of season, the
12proposed mining waste site is visually inconspicuous due to screening or being
13visually absorbed due to natural objects, compatible natural plantings, earth berm,
14or other appropriate means; or if, regardless of season, the proposed mining waste
15site is screened so as to be as aesthetically pleasing and inconspicuous as is feasible.
AB426,87,1916 (be) Except as provided in par. (bn), no person may locate or operate a mining
17waste site, excluding the portion of a mining site from which ferrous minerals are
18extracted and that is backfilled with mining waste, within 1,000 feet of a navigable
19water that is a lake, pond, or flowage.
AB426,87,2320 (bg) Except as provided in par. (bn), no person may locate or operate a mining
21waste site, excluding the portion of a mining site from which ferrous minerals are
22extracted and that is backfilled with mining waste, within 300 feet of a navigable
23water that is a river or stream.
AB426,88,3
1(bn) The prohibitions in pars. (be) and (bg) do not apply to an activity that is
2associated with a mining waste site and that is approved by the department under
3s. 295.60, 295.605, or 295.61.
AB426,88,64 (bq) No person may locate or operate a mining waste site, excluding the portion
5of a mining site from which ferrous minerals are extracted and that is backfilled with
6mining waste, within a floodplain.
AB426,88,117 (bt) No person may locate or operate a mining waste site, excluding the portion
8of a mining site from which ferrous minerals are extracted and that is backfilled with
9mining waste, in an area within the property owned by the mining operator and on
10which the mining site is located if the area is closer than 200 feet to the outer
11boundary of that property.
AB426,88,1512 (c) No person may locate or operate a mining waste site, excluding the portion
13of a mining site from which ferrous minerals are extracted and that is backfilled with
14mining waste, within 1,200 feet of any public or private water supply well that
15provides water for human consumption.
AB426,88,2016 (d) No person may locate or operate a mining waste site, excluding the portion
17of a mining site from which ferrous minerals are extracted and that is backfilled with
18mining waste, within an area that contains mineral resources that are known at the
19time the application for the mining permit is issued, are likely to be mined in the
20future, and lie within 1,000 feet of the surface.
AB426,88,24 21(1s) Backfilled waste site. For surface mining, the portion of a mining site
22from which ferrous minerals are extracted and that is backfilled with mining waste
23and any buildings, structures, roads, or drainage controls associated with that
24portion of the mining site may be considered a single mining waste site.
AB426,89,4
1(2) General. An applicant for a mining permit shall submit as part of the
2application a mining waste site feasibility study and plan of operation that
3demonstrates the suitability of the proposed mining waste site for the disposal of
4mining wastes and that describes the operation of the mining waste site.
AB426,89,18 5(3) Waste characterization and analysis. For the purposes of this section, the
6applicant shall perform waste characterization and analysis, to identify the
7quantities, variability, and physical, radiological, and chemical properties of each
8mining waste as necessary to assess the potential environmental impact of handling,
9storage, and disposal. The applicant may include in the waste characterization and
10analysis a review of the literature and results from similar existing facilities,
11materials, or studies. For the purpose of the waste characterization and analysis,
12the applicant shall conduct testing on representative samples of materials available,
13on individual mining wastes from the mining process, and if the applicant proposes
14mixed storage or disposal of individual mining wastes, on composite mining wastes.
15If physical or chemical segregation of a mining waste is proposed, the applicant shall
16test each individual waste resulting from the physical or chemical segregation. The
17applicant shall complete all of the following components of the waste
18characterization and analysis:
AB426,89,2219 (a) Identification of all mining wastes that will be disposed of or stored in the
20mining waste site, including classification of mining waste types, estimates of the
21rates of generation and volumes of each type, and an explanation of the proposed
22ultimate disposition of each type.
AB426,89,2423 (b) Chemical, radiological, physical, and mineralogical analyses of each type
24of mining waste.
AB426,89,2525 (c) Analyses of the particle size of the mining wastes.
AB426,90,7
1(d) Chemical and physical characteristics testing, including testing to
2determine the leaching potential of the mining wastes and the composition of the
3resulting leachate, using, at a minimum, the method in federal environmental
4protection agency publication EPA 600/2-78-054, except that this testing is not
5required if the applicant demonstrates, based on the analyses in pars. (b) and (c) or
6on past experience, that there is not a probability for significant environmental
7damage or a probability of an adverse impact on public health, safety, or welfare.
AB426,90,13 8(4) Site specific information. In addition to performing the mining waste
9characterization and analysis under sub. (3), for the purposes of the mining waste
10site feasibility study and plan of operation, an applicant shall conduct field and
11laboratory investigations to determine physical, chemical, and biological
12characteristics of the proposed mining waste site. The applicant shall do all of the
13following:
AB426,90,1514 (a) Perform field investigations to determine the specific topography, soil types,
15and depth to bedrock and groundwater.
AB426,90,1916 (b) Perform at least one soil boring, to bedrock or refusal, every 80 acres,
17characterizing the major geomorphic features such as ridges and lowlands and
18characterizing each major soil layer according to the unified soil classification
19system.
AB426,90,2320 (c) Prepare a boring log for each soil boring, including soil and rock descriptions,
21method of drilling, method of sampling, sample depths, date of boring, and water
22level measurements and dates, with elevations referring to United States geological
23survey mean sea level datum.
AB426,91,3
1(d) Collect soil samples to adequately determine the geology and ensure the
2proper design and monitoring of the mining waste site, including doing all of the
3following:
AB426,91,64 1. Collecting the soil samples at not greater than 5 foot depth intervals, unless
5physical conditions such as soil homogeneity indicate that greater intervals are
6adequate.
AB426,91,87 2. Collecting the soil samples using generally accepted techniques for sampling
8undisturbed soils, where that is appropriate.
AB426,91,109 3. Classifying all soil samples according to the unified soil classification
10system.
AB426,91,1311 (e) Perform soil tests as necessary for classification and correlation purposes
12and to develop necessary geotechnical design parameters for the mining waste site,
13without compositing soil samples.
AB426,91,1614 (f) Determine the hydraulic conductivity of the various soil strata, using in situ
15hydraulic conductivity testing procedures as appropriate to confirm values
16determined in the laboratory.
AB426,91,2017 (g) Determine horizontal and vertical groundwater flow patterns in and around
18the proposed mining waste site based on data obtained from groundwater
19monitoring wells and piezometers constructed in conformity with ch. NR 141, Wis.
20Adm. Code.
AB426,91,2521 (h) Conduct a program to establish baseline water quality through monitoring
22groundwater and surface water in the vicinity of the mine and the proposed mining
23waste site on a monthly basis and establishing physical-chemical and biological
24characteristics of the concentrations of substances in the water before mining begins
25at the mining site. The applicant shall do all of the following:
AB426,92,3
11. Select physical-chemical parameters based on transport and
2transformation mechanisms in the environment as well as other factors affecting the
3mobility and toxicity of pollutants.
AB426,92,64 2. Select biological parameters based on the environmental characterizations
5under sub. (5) (g), the degree of impact predicted, and the potentially affected
6organism's sensitivity to contaminants.
AB426,92,127 3. Establish a final parameter list for groundwater and surface water based on
8preliminary sampling and known information concerning the waters in the vicinity
9of the mine and the mining waste site, consideration of applicable water quality
10standards, and the geology and composition of the ferrous mineral deposit that will
11be mined. At a minimum, in the program under this paragraph the applicant shall
12collect water quality data for all of the following parameters:
AB426,92,1313 a. Specific conductance.
AB426,92,1414 b. Temperature.
AB426,92,1515 c. Hydrogen ion concentration (pH).
AB426,92,1616 d. Dissolved oxygen.
AB426,92,1717 e. The major anions sulfate, chloride, and bicarbonate.
AB426,92,1818 f. The major cations calcium, magnesium, potassium, and sodium.
AB426,92,2019 g. Other total and dissolved metals, including aluminum, iron, and manganese,
20that may be introduced by the mining activities.
AB426,92,2321 h. General chemistry, including total alkalinity, total organic carbon, gross
22alpha, gross beta, ammonia, nitrate, total dissolved solids, total hardness, and total
23suspended solids.
AB426,92,25 24(5) Contents related to waste site feasibility. An applicant shall include all
25of the following in the mining waste site feasibility study and plan of operation:
AB426,93,3
1(a) A description of the mining waste site location, proposed acreage, proposed
2mining waste site life and range of disposal capacity, and estimated types and
3quantities of mining wastes to be contained.
AB426,93,74 (b) A description of the mining waste characterization and analysis conducted
5under sub. (3), including a description of the test methods used in evaluating the
6characteristics of the mining waste and the procedures and records for documenting
7the chain of custody of the test samples.
AB426,93,138 (c) An existing site conditions plan sheet consisting of a topographic survey of
9the area, with elevations tied to United States geological survey mean sea level
10datum, illustrating the property boundaries, proposed boundaries of the mining
11waste site, survey grid and north arrow, buildings, water supply wells, utility lines,
12other man-made features, soil boring locations, observation well locations, and other
13pertinent information.
AB426,93,1614 (d) A series of geologic cross-sections illustrating existing topography; soil
15borings; soil classification; soil properties; interpreted soil stratigraphy; bedrock;
16well and boring locations and constructions; and stabilized water level readings.
AB426,93,1917 (e) A water table map, using the existing site conditions plan under par. (c) as
18a base, that is based on stabilized water level readings and, if seasonal changes in
19groundwater levels are significant, maps those changes.
AB426,93,2220 (f) If more than 2 well nests are constructed, groundwater flow nets to illustrate
21horizontal and vertical flow, which may be illustrated on the geologic cross-sections
22under par. (d), if appropriate.
AB426,93,2523 (g) An environmental characterization that describes the structure and
24functional relationships of ecosystems potentially affected by the proposed mining
25waste site.
AB426,94,2
1(h) A report on the water quality data collected under the baseline monitoring
2program under sub. (4) (h) to establish baseline water quality.
AB426,94,63 (i) A land use map, using the existing site conditions plan under par. (c) as a
4base, showing plant communities, wildlife habitat, places where rare and
5endangered species have been sighted, archaeological or historic sites, buildings,
6and areas of social importance.
AB426,94,87 (j) A table showing existing water quality of all potentially affected surface
8waters, indicating important aquatic habitat.
AB426,94,139 (k) Local climatological data for seasonal precipitation, evaporation, air
10temperature, and wind velocity and direction. The applicant may use an annual
11record on the proposed mining waste site or adequate data to correlate the proposed
12mining waste site conditions to an existing observation station as the basis for this
13data.
AB426,94,1514 (L) A discussion of regional conditions, supplemented with maps or
15cross-sections where appropriate, addressing all of the following:
AB426,94,1616 1. Topography.
AB426,94,1917 2. Hydrology, including surface water drainage patterns and important
18hydrologic features such as navigable waters, springs, drainage divides, and
19wetlands.
AB426,94,2120 3. Geology, including the nature and distribution of bedrock and
21unconsolidated deposits.
AB426,94,2522 4. Hydrogeology, including depth of groundwater, flow directions, recharge and
23discharge areas, groundwater divides, aquifers, and the identification of the aquifers
24used by all public and private wells within at least 1,200 feet of the proposed mining
25waste site.
AB426,95,1
15. Groundwater and surface water quality and precipitation chemistry.
AB426,95,22 6. Climatology.
AB426,95,33 7. Identification of owners of land adjacent to the proposed mining waste site.
AB426,95,44 8. Zoning.
AB426,95,65 9. Existing land uses with particular emphasis on known recreational, historic,
6archaeological, scientific, cultural, or scenic significance.
AB426,95,77 10. Existing or proposed access roads and weight restrictions on those roads.
AB426,95,98 11. Identification of aquatic and terrestrial ecosystems such as stream orders
9and classifications.
AB426,95,1210 (m) A discussion of alternative methods of disposing of mining waste materials,
11including an analysis of the practicability of the reuse, sale, recovery, or processing
12of the mining wastes for other purposes.
AB426,95,1713 (n) An analysis of the results of the mining waste characterizations under sub.
14(3), the site specific information under sub. (4) and this subsection, and the regional
15information under par. (L) in relation to the approach for locating the mining waste
16site and developing appropriate design, construction, operation, monitoring, and
17long-term care requirements for each type of mining waste.
AB426,95,2018 (o) A proposed mining waste site design, based on conclusions resulting from
19analysis of the mining waste characterizations under sub. (3) and the site data under
20sub. (4), that includes all of the following:
AB426,95,2321 1. A map, using the existing site conditions plan under par. (c) as a base, that
22shows proposed access, lateral extent of filling, and phases of mining waste site
23development.
AB426,95,2524 2. A series of cross-sections, using the geological cross-sections under par. (d)
25as the base, that show existing topography, proposed base grades, and final grades.
AB426,96,2
13. Preliminary earthwork balance calculations, showing amounts of materials
2expected to be moved on the mining waste site prior to the disposal of mining waste.
AB426,96,33 4. Proposed methods for leachate control.
AB426,96,54 5. Proposed methods of mining waste site development, phasing, access control,
5and other special design features.
AB426,96,86 6. Expected material balances showing the quantities of each type of mining
7waste identified in par. (a) showing the amounts generated, disposed of on site, and
8taken off site, including all of the following:
AB426,96,99 a. The projected conditions existing at the end of a typical year of production.
AB426,96,1010 b. The projected conditions existing at the end of operations.
AB426,96,1111 c. The projected conditions existing at the end of reclamation.
AB426,96,1512 7. A discussion of the reasoning behind the design of the major features of the
13mining waste site, such as traffic routing, base grade and relationships to subsurface
14conditions, anticipated waste types and characteristics, phases of development,
15mining waste site monitoring, and similar design features.
AB426,96,2016 8. A proposed monitoring program, based on potential variations in the quality
17and quantity of mining waste and methods of processing, transport and disposal, and
18on the variability of important environmental conditions, designed to monitor the
19proposed mining waste site for compliance with all environmental standards that
20are applicable under this subchapter.
AB426,97,821 9. The results of engineering and hydrologic modeling to assess mining waste
22site performance relative to compliance with applicable groundwater quality
23standards to a depth of not more than 1,000 feet into the Precambrian bedrock or to
24the final depth of the mining excavation, whichever is greater, and to compliance
25with applicable surface water quality standards, examining a period equal to the

1proposed period in which the mining waste site is proposed to operate plus 100 years
2after closure of the mining waste site. The applicant may also include information
3from other mining operations and operations for the extraction of nonferrous
4metallic minerals to substantiate that the proposed mining waste site design,
5including associated contingency plans and monitoring and response plans, will
6allow for the operation and closure of the mining waste site in a manner that will not
7substantially adversely affect groundwater and surface water quality in accordance
8with applicable standards.
AB426,97,109 10. If the applicant proposes to expand an existing mining waste site, an
10evaluation of the existing mining waste site design and operation.
AB426,97,1911 (p) Preliminary water budgets for the periods before construction, during
12construction, and after closure of the mining waste site, each addressing
13climatological situations depicting dry, wet, and average precipitation and
14evaporation conditions, based on climatological records. In preparing the water
15budget, the applicant shall consider precipitation, slurry water input and return,
16evaporation, surface runoff, evapotranspiration, the moisture holding capacity of
17soil and mining waste, and the velocities and volumes of groundwater flow. In the
18water budget, the applicant shall describe the estimated amount and quality of
19seepage and discharge to surface water and groundwater.
AB426,97,2120 (q) An analysis of the impact of the mining waste site on aesthetics and how
21any impact can be minimized or mitigated to the extent practicable.
AB426,97,2322 (r) Data regarding the safety factors of tailings basin embankments,
23considering the following, on a case-by-case basis:
AB426,97,2524 1. Geology of the mining waste site including type and homogeneity of the
25foundation.
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