Section NR 130.109 - Notice procedure and exploration plans(1) The explorer shall notify the department of the explorer's intent to drill on a parcel by registered mail at least 30 days in advance of the anticipated commencement of drilling. Notice shall be considered as given upon the date of receipt by the department of the notice. The notice of intent to drill shall include all of the following: (a) A legal description of the parcels where the exploration will take place including identification of land ownership and maps showing the approximate drilling site locations and anticipated site access routes.(b) A description of the means and methods that will be used for the exploration including drilling methods, anticipated drillhole locations, diameter, and depth, source of drilling water, and anticipated use of drilling additives, if any.(c) A description of drilling site access and site preparation needed to accommodate the drilling activity including site grading and stabilization methods.(d) A description of how any diversion, retention, or drainage of water, including stormwater, drilling water, and water from flowing drillholes, on or around the drilling site will be conducted.(e) A description of how drilling mud, drill cuttings, any pollutant-bearing minerals or materials, including fuel, lubricants, and drilling additives, will be handled during exploration and a description of spill prevention, containment and remediation procedures.(f) A description of drillhole abandonment methodology. The explorer shall conduct the drillhole abandonment procedures in compliance with s. NR 130.111.(g) A description of measures that will be taken to remove, stockpile, or otherwise protect topsoil during exploration.(h) A description of methods and materials used to establish temporary vegetative cover, if necessary, to stabilize any part of the drilling sites and measures to control invasive species as a result of the temporary measures.(i) Identification and prevention of pollution, as defined in s. 281.01(10), Stats., resulting from leaching of waste materials and identification and prevention of significant environmental.(j) A reclamation plan designed to minimize adverse effects to the environment during and after exploration that includes all of the following: 1. A description of how all liquid and solid waste generated during the exploration activity will be disposed of or otherwise managed in an environmentally sound manner.2. A description of how topsoil, if removed and stockpiled, will be redistributed during reclamation of the drilling site.3. A description of final drilling site reclamation and revegetation methods and materials that will be used to stabilize disturbed soils and prevent air and water pollution.4. A description of any nearby wetlands that could be affected by the exploration activity and the measures that will be taken to minimize disturbance to wetlands, including the use of best management practices for construction in or adjacent to wetlands, and relocating or modifying the configuration of drilling sites or restricting exploration activity to the winter months.5. A total cost estimate for drilling site termination including unit costs for drillhole permanent abandonment and drilling site reclamation.(2) Within 5 business days after receipt of a notice under sub. (1), the department shall publish a public notice on the department's internet site describing the proposed drilling activity and the availability of the notice that was provided under sub. (1). The department shall also send the public notice to all of the following: (a) The clerk of any city, village, town, or county within whose boundaries any portion of the proposed exploration activity is located.(b) The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed exploration activity located.(c) The Historic Preservation Officer of any federally recognized Indian tribes in the state.(3) Within 15 business days after receipt of a notice under sub. (1), the department shall inform the explorer if additional information is required and shall identify all other approvals, licenses, or permits, issued by the department, including those under chs. 23, 30, 281, 283, and 289, Stats., that are required before exploration may commence.(4) The department shall approve, conditionally approve, or deny the notice, in writing, within 30 business days of receiving the notice under sub. (1) or within 15 business days after receiving all supplemental information identified in sub. (3). The approval, if granted, may include site-specific conditions placed on the exploration to ensure compliance with the minimum standards under s. 293.13(2) (b) and (c), Stats., and this subchapter.(5) A notice of intent to drill shall remain in effect for one year, commencing on the date the department approves the notice. At the time of exploration license renewal under s. NR 130.106, if the explorer plans to continue exploration on the designated parcels and wishes to extend the notice of intent to drill, the explorer shall notify the department that the explorer wishes to continue exploration on those parcels and shall note if any changes are being proposed. Any changes to the notice of intent to drill shall be approved or denied by the department in writing.(6) The explorer shall notify the department prior to the commencement of drilling any exploration drillhole and shall specify the parcel on which the drillhole will be located and the specific anticipated date on which drilling will begin. This notice may be oral or written and shall be provided at least 48 hours before commencing drilling on any exploration drillhole.(7) The explorer shall give the department at least 24 hours' notice, orally or in writing, of the explorer's intent to permanently abandon a drillhole. The 24-hour requirement may be reduced by the department, if appropriate due to case-specific circumstances.Wis. Admin. Code Department of Natural Resources NR 130.109
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (i), (7) made under s. 35.17, Stats.,and correction in (2) (a), (3), (4) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022