293.35 Cross-reference
Cross-reference: See also ch.
NR 134, Wis. adm. code.
293.37
293.37
Application for mining permit. 293.37(1)(a)(a) No operator may engage in mining or reclamation at any mining site that is not covered by a mining permit and by written authorization to mine under
s. 293.51 (3). Applications for mining permits shall be made in writing and in reproducible form to the department upon forms prepared and furnished by it and in such multiples as required by rule of the department. An application shall be made, and a mining permit obtained for each separate mining site. No application for surface mining at a site may be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for the site had certified under
s. 293.35 (1) that he or she would not subsequently make application for a permit to conduct surface mining at the site.
293.37(1)(b)
(b) If a person commences mining at a mining site which includes an abandoned site, plans for reclamation of the abandoned site, or the portion of the abandoned site which is included in the mining site, shall be included in its mining plan and reclamation plan.
293.37(2)
(2) As a part of each application for a mining permit, the applicant shall furnish:
293.37(2)(a)
(a) A mining plan, including a description and a detailed map of the proposed mining site drawn to a scale approved by the department. Aerial photographs may be accepted if the photographs show the details to the satisfaction of the department. The map, plan, or photograph shall be prepared and certified by a competent engineer, licensed professional surveyor, or other person approved by the department, and shall show the boundaries of the area of land which will be affected; the drainage area above and below the area; the location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the site; the name of the owner or owners of the site; the name of the city, village, or town in which the site is located; and the name of any other city, village, or town if within 3 miles of the site. The map or photograph shall be accompanied by descriptive data as required by the department, including but not limited to the soil conservation service soil capabilities classifications of the affected area, the anticipated geometry of the excavation, the estimated total production of tailings produced, the nature and depth of the overburden, the elevation of the water table, and such other information about the geology of the deposit as the department, after consultation with the geological and natural history survey, finds is necessary to evaluate the applicant's mining plan and reclamation plan.
293.37(2)(b)
(b) In addition to the information and maps otherwise required by this subsection, a detailed reclamation plan showing the manner, location and time for reclamation, including ongoing reclamation during mining, of the proposed mining site. The reclamation plan shall be accompanied by a map subject to the requirements in
par. (a) which shall show the specific reclamation proposal for each area of the site. The reclamation plan shall conform to any applicable comprehensive plan created under
sub. (4) (b), and to any applicable minimum standard created under
ss. 293.13 (2) and
293.35 (2) and
(3).
293.37(2)(c)
(c) The name and address of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site and all prospecting and mining permits in this state held by the applicant.
293.37(2)(d)
(d) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances and that the operator has applied for the necessary approval, licenses or permits required by the department including, but not limited to, those under
chs. 30,
31,
107,
280 to
285,
289 to
292,
295 and
299 and this chapter.
293.37(2)(e)1.1. The information specified in
subd. 2. concerning the occurrence of any of the following within 10 years before the application is submitted:
293.37(2)(e)1.a.
a. A forfeiture by the applicant, principal shareholder of the applicant or a related person of a mining reclamation bond that was sufficient to cover all costs of reclamation and was posted in accordance with a permit or other approval for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted.
293.37(2)(e)1.b.
b. A felony conviction of the applicant, a related person or an officer or director of the applicant for a violation of a law for the protection of the natural environment arising out of the operation of a mining site in the United States.
293.37(2)(e)1.c.
c. The bankruptcy or dissolution of the applicant or a related person that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law.
293.37(2)(e)1.d.
d. The permanent revocation of a mining permit or other mining approval issued to the applicant or a related person if the permit or other mining approval was revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law.
293.37(2)(e)2.
2. The applicant shall specify the name and address of the person involved in and the date and location of each occurrence described in
subd. 1.
293.37(2)(f)
(f) Information relating to whether unsuitability may exist for surface mining to the extent not fully considered under
s. 293.45.
293.37(2)(g)
(g) A description of any land contiguous to the proposed mining site which he or she owns, leases or has an option to purchase or lease.
293.37(2)(h)
(h) Such other pertinent information as the department requires.
293.37(3)(a)(a) A reclamation plan shall accompany all applications for mining permits. If it is physically or economically impracticable or environmentally or socially undesirable for the reclamation process to return the affected area to its original state, the plan shall set forth the reasons therefor and shall discuss alternative conditions and uses to which the affected area can be put.
293.37(3)(b)
(b) The reclamation plan shall specify how the applicant intends to accomplish, to the fullest extent possible, compliance with the minimum standards under
s. 293.13 (2) (c).
293.37(4)(a)(a) The department shall require an applicant for a mining permit, amended mining permit or change in either the mining or reclamation plan to furnish, as part of the mining permit application, an itemized statement showing the applicant's estimation of the cost to the state of reclamation. The department may, at the applicant's expense, contract with an independent person to estimate the cost to the state of reclamation if it has reason to believe that the applicant's estimated cost of reclamation may not be accurate.
293.37(4)(b)
(b) If the department finds that the anticipated life and total area of a nonferrous metallic mineral deposit are of sufficient magnitude that reclamation of the mining site consistent with this chapter requires a comprehensive plan for the entire affected area, it shall require an operator to submit with the application for a mining permit, amended mining site or change in mining or reclamation plan, a comprehensive long-term plan showing, in detail satisfactory to the department, the manner, location and time for reclamation of the entire area of contiguous land which will be affected by mining and which is owned, leased or under option for purchase or lease by the operator at the time of application. Where a nonferrous metallic mineral deposit lies on or under the lands of more than one operator, the department shall require the operators to submit mutually consistent comprehensive plans.
293.37 Cross-reference
Cross-reference: See also s.
NR 182.17, Wis. adm. code.
293.39
293.39
Environmental impact statement. 293.39(1)
(1) The department shall prepare an environmental impact statement for every mining permit under
s. 293.49. In preparing the environmental impact statement, the department shall comply with
sub. (2) and
s. 1.11 (2).
293.39(2)
(2) A statement prepared under
sub. (1) shall include a description of the significant long-term and short-term impacts, including impacts after the mining has ended, on all of the following:
293.39(3)
(3) To the extent that an environmental impact statement on a prospecting permit application under
s. 293.35, if prepared, fully considered unsuitability of the prospecting site for surface mining by virtue of unique features of the land as enumerated in
s. 293.01 (28), that portion of the previous impact statement may be adopted in the impact statement on the mining permit application.
293.39 History
History: 1991 a. 259;
1995 a. 227 s.
780,
782; Stats. 1995 s. 293.39.
293.41
293.41
Local agreements. 293.41(1)(1) A county, town, village, city or tribal government that requires an operator to obtain an approval or permit under a zoning or land use ordinance and a county, town, village or city in which any portion of a proposed mining site is located may, individually or in conjunction with other counties, towns, villages, cities, or tribal governments, enter into one or more agreements with an operator for the development of a mining operation.
293.41(2)
(2) An agreement under
sub. (1) shall include all of the following:
293.41(2)(a)
(a) A legal description of the land subject to the agreement and the names of its legal and equitable owners.
293.41(2)(d)
(d) A description of any conditions, terms, restrictions or other requirements determined to be necessary by the county, town, village, city or tribal government for the public health, safety or welfare of its residents.
293.41(2)(e)
(e) A description of any obligation undertaken by the county, town, village, city or tribal government to enable the development to proceed.
293.41(2)(f)
(f) The applicability or nonapplicability of county, town, village, city or tribal ordinances, approvals or resolutions.
293.41(2)(g)
(g) A provision for the amendment of the agreement.
293.41(2)(h)
(h) Other provisions deemed reasonable and necessary by the parties to the agreement.
293.41(3)
(3) A county, town, village, city or tribal government may authorize the local impact committee appointed under
s. 293.33 to negotiate an agreement under this section, but the agreement may not take effect until approved by the county, town, village, city or tribal government in accordance with
sub. (4).
293.41(4)
(4) The county, town, village, city or tribal government shall hold a public hearing on an agreement under
sub. (1) before its adoption. Notice of the hearing shall be provided as a class 2 notice, under
ch. 985. After the public hearing, the governing body of each county, town, village, city or tribal government which is to be a party to the agreement must approve the agreement in a public meeting of the governing body.
293.41(5)
(5) A state agency shall assist a county, town, village, city or tribal government in enforcing those provisions of a local agreement that are within the expertise of the state agency.
293.41 History
History: 1987 a. 399;
1991 a. 259;
1995 a. 227 s.
763; Stats. 1995 s. 293.41.
293.41 Annotation
This section is an express delegation to towns of the power to enter into local agreements with mining companies, creating an exemption to general zoning statutes. When a town negotiates under this section, it has only local zoning permits and approvals to give the mining company in exchange for the mining company addressing its land-use concerns. Nicolet Minerals Company v. Town of Nashville,
2002 WI App 50,
250 Wis. 2d 831,
641 N.W.2d 497,
01-1339.
293.43
293.43
Hearings on permit applications. 293.43(1)
(1)
Applicability. This section, and
ch. 227 where it is not inconsistent, shall govern all hearings on applications for prospecting or mining permits.
293.43(1m)(a)(a) The hearing on the prospecting or mining permit shall cover the application and any statements prepared under
s. 1.11 and, to the fullest extent possible, all other applications for approvals, licenses and permits issued by the department. The department shall inform the applicant as to the timely application date for all approvals, licenses and permits issued by the department, so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permits.
293.43(1m)(b)
(b) Except as provided in this paragraph, for all department issued approvals, licenses and permits relating to prospecting or mining including solid waste feasibility report approvals and permits related to air and water, to be issued after April 30, 1980, the notice, hearing and comment provisions, if any, and the time for issuance of decisions, shall be controlled by this section and
ss. 293.45 and
293.49. If an applicant fails to make application for an approval, license or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by the specific statutory provisions with respect to that application. If notice under those specific statutory notice requirements can be given for consideration of the approval, license or permit at the hearing under this section, the application shall be considered at that hearing; otherwise, the specific statutory hearing provisions, if any, with respect to that application shall control. The substantive requirements for the issuance of any approval, permit or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit or license is conducted as part of a hearing under this section.
293.43(2)
(2) Location. The hearing shall be held in the county where the prospecting or mining site, or the largest portion of the prospecting or mining site, is located, but may subsequently be adjourned to other locations.
293.43(3)
(3) Timing of notice and of hearing; giving of notice. 293.43(3)(a)(a) If it is determined that a statement under
s. 1.11 is not required, the hearing shall be scheduled for a date not less than 60 days nor more than 90 days after the announcement of that determination, and the scheduling and providing of notice shall be completed not later than 10 days following the announcement. Notice of the hearing shall be given by mailing a copy of the notice to any known state agency required to issue a permit for the proposed operation, to the regional planning commission for the affected area, to the county, city, village and town within which any part of the affected area lies, to all persons who have requested this notification and, if applicable, to all persons specified under
par. (b) 3. and
s. 281.35 (5) (b) and
(6) (f). Written comments may be submitted to the department within 30 days of the date of notice.
293.43(3)(b)
(b) If it is determined that a statement under
s. 1.11 is required, or if an environmental impact statement is required under
s. 293.39, the department shall hold at least one informational meeting regarding the preliminary environmental report within 60 days of its issuance. The meeting shall be held not sooner than 30 days nor later than 60 days after the issuance of the report. The scheduling and providing of notice of the meeting shall be completed not later than 10 days following the issuance of the preliminary environmental report. A hearing referred to under
sub. (1m) shall be scheduled for a date not less than 120 days nor more than 180 days after the issuance of the environmental impact statement. The scheduling and providing of notice of the hearing shall be completed within 30 days from the date of issuance of the environmental impact statement. The providing of notice shall be accomplished by:
293.43(3)(b)1.
1. Mailing a copy of the notice to all known departments and agencies required to grant any permit necessary for the proposed operation, to any regional planning commission within which the affected area lies, to the governing bodies of all towns, villages, cities and counties within which any part of the proposed prospecting or mining site lies, to the governing bodies of any towns, villages or cities contiguous to any town, village or city within which any part of the proposed prospecting or mining site lies and to any interested persons who have requested such notification.
293.43(3)(b)2.
2. Publication of a class 2 notice, under
ch. 985, utilizing a display advertising format, in the weekly newspaper published in the closest geographic proximity to the proposed prospecting or mining site, in the newspaper having the largest circulation in the county within which the proposed site lies and in those newspapers published in counties contiguous to the county within which the proposed site lies which have a substantial circulation in the area of, or adjacent to, the proposed prospecting or mining site.
293.43(3)(b)3.
3. Mailing a copy of the notice to the U.S. environmental protection agency, U.S. army corps of engineers and other states potentially affected by the proposed discharge if a water discharge permit under
ch. 283 is to be considered at the hearing under this section and to the U.S. environmental protection agency and appropriate agencies in other states which may be affected if an air pollution control permit under
ch. 285 is to be considered at the hearing under this section.
293.43(3)(c)
(c) Written comments may be submitted by any governmental agency within 80 days of the date of issuance of the statement under
par. (b). Individual persons may submit written comments within 120 days of the date of issuance of the statement. The last day for receipt of comments shall be specified by the department in all notices.
293.43(4)
(4) Participation by local governments. Any county, town, village or city receiving notice of the filing of an application in the manner provided under
sub. (3) (a) or
(b) shall refer the application and reclamation plan to a committee established under
s. 293.33 (1) or
(2), if any, for review and comment. Such counties, towns, villages or cities may participate as a party in the hearing on the application and may make recommendations on the reclamation plan and future use of the project site.
293.43(5)(a)(a) At the opening of the hearing, the hearing examiner shall advise all persons present of their right to express their views either orally or in writing, under oath or otherwise, and of the legal effect of each form of testimony. All interested persons, at the hearing or at a time set prior to the hearing, shall be given an opportunity, subject to reasonable limitations on the presentation of repetitious or irrelevant material, to express their views on any aspect of the matters under consideration. The presentation of these views need not be under oath nor subject to cross-examination. A written record of unsworn testimony shall be made.
293.43(5)(b)
(b) Persons who wish to participate as parties shall file a written notice with the hearing examiner setting forth their interest at least 30 days prior to the scheduled time of the hearing or prior to the scheduled time of any prehearing conference, whichever is earlier, unless good cause is shown.
293.43(5)(c)
(c) The record shall consist of the contested case portion of the proceeding. Views given under
par. (a) and all written comments submitted from any source shall be placed in the file of the proceeding and shall be given appropriate probative value by the hearing examiner or decisionmaker.
293.43(5)(d)
(d) Hearings conducted under this section may be continued for just cause.
293.43(5)(e)
(e) If evidence of conformance with applicable zoning ordinances as required by
s. 293.49 (1) (a) 6. is not presented by the time testimony is completed, the department shall close the record and continue the hearing. The duration of the continuance of the hearing shall be specified by the department at the time the continuance begins, after first requesting the applicant to state the anticipated time at which the evidence will be provided. The continuance may be extended by the department prior to its expiration upon notice to all parties if good cause is shown.
293.43(5)(f)
(f) Each approval or denial of a license or permit considered at the hearing under this section shall be made in findings of fact, conclusions of law and an order setting forth reasons with clarity and in detail.
293.43 History
History: 1977 c. 421;
1979 c. 221,
355;
1985 a. 60;
1991 a. 259;
1995 a. 227 ss.
759,
760,
762,
994; Stats. 1995 s. 293.43.
293.43 Cross-reference
Cross-reference: See also ch.
NR 182, Wis. adm. code.
293.45
293.45
Prospecting; department grant or denial of permit. 293.45(1)(1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under
s. 293.35 (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with
ss. 293.13 (2) and
293.35 (2) and
(3) and rules promulgated under
ss. 293.13 (2) and
293.35 (2) and
(3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under
s. 293.83 (1) or
(3) or
293.85 or revoked under
s. 293.87 (2) or
(3).
293.45(2)
(2) The department shall deny a prospecting permit within 60 days following the date of the completion of the hearing record if it finds that the site is unsuitable for prospecting or, absent certification under
s. 293.35 (1), surface mining, or the reclamation plan, including the bond, does not comply with
ss. 293.13 (2) and
293.35 (2) and
(3) and rules promulgated under
ss. 293.13 (2) and
293.35 (2) and
(3) or that the applicant is in violation of this chapter or any rules adopted under this chapter. If the applicant has previously failed and continues to fail to comply with this chapter, or if the applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state, the department may not issue a prospecting permit. The department may not issue a prospecting permit if it finds that any officer, director or manager of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders or members, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40% interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state. In this subsection, "forfeited any bond" means the forfeiture of any performance security occasioned by noncompliance with any prospecting or mining laws or implementing rules. If an application for a prospecting permit is denied, the department, within 30 days from the date of application denial, shall furnish to the applicant in writing the reasons for the denial.
293.45(3)
(3) The department, in granting a permit under this section, shall require the permit holder to perform adequate monitoring of environmental changes during the course of the permitted activity and for such additional period of time as is necessary to satisfactorily complete reclamation and completely release the permit holder from any bonds required.
293.45 Cross-reference
Cross-reference: See also ch.
NR 182, Wis. adm. code.
293.47
293.47
Prospecting data. 293.47(1)(a)
(a) "Economic information" means financial and economic projections for any potential mining of an ore body including estimates of capital costs, predicted expenses, price forecasts and metallurgical recovery estimates.
293.47(1)(b)
(b) "Geologic information" means information concerning descriptions of a nonferrous ore body, descriptions of reserves, tonnages and grades of nonferrous ore, descriptions of a drill core or bulk sample including analysis, descriptions of drill hole depths, distances and similar information related to the nonferrous ore body.
