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2(1) That attracting and aiding new mining enterprises and expanding the
3mining industry in Wisconsin is part of Wisconsin public policy.
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4(2) That mining for nonferrous metallic minerals is different from mining for
5ferrous minerals because in mining for nonferrous metallic minerals, sulfite
6minerals react, when exposed to air and water, to form acid drainage.
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7(3) That if the mineral products and waste materials associated with
8nonferrous metallic sulfide mining operations are not properly managed and
9controlled, they can cause significant damage to the environment, affect human
10health, and degrade the quality of life of the affected community.
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11(4) That the special concerns surrounding nonferrous metallic mining warrant
12more stringent regulatory measures than those warranted for ferrous mining
13operations.
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14(5) That the provisions in ch. 293, 2009 stats., are a deterrent to ferrous mining
15in this state and are not necessary to ensure that ferrous mining will be conducted
16in an environmentally sound manner.
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17(6) That simplifying and shortening the permitting process for ferrous metallic
18mineral mining when compared to nonferrous metallic mineral mining, as
19Minnesota and Michigan have done, will encourage ferrous metallic mineral mining
20in Wisconsin and create jobs and generate resources for the state.
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21(7) That because of the fixed location of ferrous mineral deposits in the state,
22it is probable that mining those deposits will result in adverse impacts to areas of
23special natural resource interest and to wetlands, including wetlands located within
24areas of special natural resource interest and that, therefore, the use of wetlands for
25bulk sampling and mining activities, including the disposal or storage of mining
1wastes or materials, or the use of other lands for mining activities that would have
2a significant adverse impact on wetlands, is presumed to be necessary.
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3295.41 Definitions. In this subchapter:
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4(1) "Air pollution" means the presence in the atmosphere of one or more air
5contaminants in such quantities and of such duration as is injurious to human health
6or welfare, animal or plant life, or property.
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7(2) "Applicant" means a person who applies for, or is preparing to apply for, an
8exploration license or a mining permit or who files a bulk sampling plan.
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9(3) "Approval" means any permit, license, certification, contract, or other
10authorization that the department issues, or any other action by the department,
11that is required for exploration, to engage in bulk sampling at a bulk sampling site,
12or to construct or operate a mining site, including any action required for any of the
13following:
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(a) The withdrawal of land entered as county forest land under s. 28.11 and any
15modification of, or amendment to, a county forest land use plan necessitated by the
16withdrawal of the land.
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(b) The withdrawal of land entered as forest cropland under s. 77.10.
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(c) The withdrawal of land designated as managed forest land under subch. VI
19of ch. 77 and any modification of, or amendment to, a managed forest land
20management plan necessitated by the withdrawal of the land.
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21(4) "Background water quality" means the concentration of a substance in
22groundwater as determined by monitoring at locations that will not be affected by
23a mining site.
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1(5) "Baseline water quality" means the concentration of a substance in
2groundwater or surface water as determined by monitoring before mining operations
3begin.
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4(6) "Borrow materials" means soil or rock used in construction or reclamation
5activities.
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6(7) "Bulk sampling" means excavating in a potential mining site by removing
7less than 10,000 tons of material for the purposes of obtaining site-specific data to
8assess the quality and quantity of the ferrous mineral deposits and of collecting data
9from and analyzing the excavated materials in order to prepare the application for
10a mining permit or for any other approval.
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11(8) "Closing" means the time at which a mining waste site ceases to accept
12mining wastes.
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13(9) "Closure" means the actions taken by an operator to prepare a mining waste
14site for long-term care and to make it suitable for other uses.
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15(10) "Construct" means to engage in a program of on-site construction,
16including site clearing, grading, dredging, or filling of land.
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17(11) "Department" means the department of natural resources.
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18(12) "Disposal" means the discharge, deposit, injection, dumping, or placing of
19a substance into or on any land or water.
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20(14) "Environmental impact report" means a document submitted by a person
21seeking a mining permit that discloses environmental impacts of the proposed
22mining.
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23(15) "Environmental impact statement" means a detailed statement under s.
241.11 (2) (c).
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1(16) "Environmental pollution" means contaminating or rendering unclean or
2impure the air, land, or waters of the state, or making the air, land, or waters of the
3state injurious to public health or animal or plant life.
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4(17) "Exploration license" means a license under s. 295.44.
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5(18) "Ferrous mineral" means an ore or earthen material in natural deposits
6in or on the earth that primarily exists in the form of an iron oxide, including taconite
7and hematite.
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8(19) "Fill area" means an area proposed to receive or that is receiving direct
9application of mining waste.