Section NR 130.204 - Bulk sampling license application(1) No person may engage in bulk sampling without obtaining a bulk sampling license from the department.(2) Any person intending to engage in bulk sampling shall file an application for a bulk sampling license with the department. A bulk sampling license application shall include all of the following:(a) A bulk sampling plan that includes all of the following: 1. A description of the potential mining site to be evaluated through the proposed bulk sampling activities, including a map showing the extent of the potential mining site, extent of the bulk sampling site, the location and extent of each excavation site proposed in the bulk sampling plan and the means of access to the sites.2. A description of the bulk sampling site, including the number of acres of land consisting of excavation sites, the total number of acres of land that will be disturbed as part of the bulk sampling activity, a detailed map of each excavation site and a description of the bulk sampling activity including the types of sampling or studies to be conducted as part of the bulk sampling.3. A description of the methods to be used for the bulk sampling, demonstrating that the bulk sampling will comply with the minimum standards specified in s. 293.13(2) (b) and (c), Stats.4. A site-specific plan for controlling surface erosion that conforms to requirements under ss. 281.33(3) and 283.33, Stats., and that identifies how impacts to plant and wildlife habitats will be avoided or minimized to the extent practicable.5. A revegetation plan for all areas which will be disturbed during the bulk sampling that describes how the bulk sampling site will be revegetated and stabilized, how potential introduction and control of invasive species will be addressed, and how adverse impacts to the environment, including impacts to plant and wildlife habitat, will be avoided or minimized to the extent practicable.6. An itemized cost estimate of the costs to stabilize and revegetate the area disturbed during the bulk sampling activity.7. The estimated time for completing the bulk sampling and final stabilization and revegetation of the bulk sampling locations.8. A description of any known adverse environmental impacts that are likely to be caused by the bulk sampling and how those impacts will be avoided or minimized to the extent practicable and an analysis showing that the proposed bulk sampling activity is proposed to be conducted at locations and using methods that result in the least overall adverse environmental impacts.9. A description of any adverse effects, as defined in s. 44.31(1), Stats., that the bulk sampling might have on any historic property, as defined in s. 44.31(3), Stats., that is a listed property, as defined in s. 44.31(4), Stats., that is on the Wisconsin inventory of historic places, as defined in s. 44.31(12), Stats., or that is on the list of locally designated historic places under s. 44.45, Stats., or any scenic or recreational areas and plans to avoid or minimize those adverse effects to the extent practicable.(b) A bond in the amount of $5,000 or the amount equal to the bulk sampling site stabilization and revegetation costs estimated under par. (a) 6., whichever is greater. The bond shall be issued by a surety company licensed to do business in this state and shall be conditioned on faithful performance of the requirements of this subchapter. The bond shall provide that the bond may not be canceled by the surety except after not less than 90 days' notice to the department in writing by registered or certified mail. The bond under this paragraph is subject to all of the following conditions: 1. If the surety for a bond submitted under this paragraph issues a cancellation notice, the person who filed the bulk sampling plan shall deliver a replacement bond at least 30 days before the expiration of the 90-day notice period. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a replacement bond. The original bond shall remain in effect until a satisfactory replacement bond is submitted to the department.2. If the license of the surety company for a bond submitted under this paragraph is revoked or suspended, the person who filed the bulk sampling plan, within 30 days after receiving written notice from the department, shall deliver a replacement bond. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a satisfactory replacement bond. Revocation or suspension of a surety's license does not relieve the bulk sampling licensee from any financial obligation to stabilize and revegetate the bulk sampling site in accordance with the approved bulk sampling plan.3. The department may require that the amount of the bond submitted under this paragraph be increased at any time if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.(3) Within 5 business days after receipt of a bulk sampling license application under sub. (2) the department shall publish a public notice on the department's internet site describing the proposed bulk sampling activity and the availability of the bulk sampling license application. The department shall also send the public notice to the following:(a) The clerk of any city, village, town, or county within whose boundaries any portion of the proposed bulk sampling 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 bulk sampling site is located.(c) The historic preservation officer of any federally recognized Indian tribes in the state.(4) Within 21 days of receipt of a bulk sampling plan and license application, the department shall notify the applicant, in writing, whether the license application and bulk sampling plan are complete and, if they are not complete, the department shall identify any additional information that must be submitted.(5)(a) Within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub. (2), the department shall identify for the applicant, in writing, all approvals, in addition to the bulk sampling license, that are required before the bulk sampling may be implemented, including all of the following:1. Any waivers, exemptions, or exceptions to those approvals that are potentially available.2. Any supplemental information that the department needs to issue the bulk sampling license and other approvals or to issue a decision on any waiver, exemption, or exception.(b) If the bulk sampling license is the only department approval required, within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub. (2), the department shall notify the applicant that no other approvals are required and issue a bulk sampling license to the applicant in accordance with s. NR 130.205, or deny the license, stating the reasons for denial.(c) All approvals identified in par. (a) shall be processed in accordance with s. 293.26(8) and (12) to (16), Stats. (d) If it is necessary for an applicant to revise the bulk sampling plan as a result of requirements imposed under any of the approvals identified under par. (a), the revised plan shall be reviewed as provided in sub. (4) and this subsection.Wis. Admin. Code Department of Natural Resources NR 130.204
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (intro.) made under s. 35.17, Stats., and correction in (5) (d) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022