Section NR 131.107 - Application to prospect(1) No person may engage in prospecting or reclamation at any prospecting site without securing a prospecting permit issued under s. 293.45, Stats., and this chapter.(2)(a) An applicant for a prospecting permit shall submit an application and additional documents specified under sub. (4) to the department in writing and in reproducible form and shall provide the department with paper copies of the application in a quantity specified by the department. The applicant shall also submit a complete copy of the application in an electronic format prescribed by the department.(b) Upon receipt of the application under sub. (2), the department shall give public notice of the department's receipt of the application and the availability, for review, of the prospecting permit application and other documents specified under sub. (4), in the same manner as provided under s. 293.43(2m) (b), Stats., and to the government of any American Indian tribe or band whose reservation boundaries are within 60 miles of any portion of the proposed project, and to the government of those American Indian tribes or bands with federally recognized treaty rights in the area of the project.(3) The application for a prospecting permit shall include all of the following: (a) A prospecting plan in accordance with s. NR 131.108.(b) A reclamation plan in accordance with s. NR 131.109 that includes an itemized statement showing the estimated costs that will be incurred by the state if it is necessary for the state to implement and fulfill the reclamation plan.(c) A proposed monitoring and quality assurance plan consistent with the requirements of this chapter, ch. NR 182, and s. 1.11, Stats. The monitoring plan shall provide for adequate monitoring of project-related 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 the financial securities required under s. 293.51(1), Stats. The monitoring plan shall include monitoring locations on the prospecting site and locations both upgradient and downgradient of the prospecting site. The plan shall summarize all project-related environmental monitoring programs and may cross reference monitoring provisions required under other permits, approvals, or licenses issued by the department.(d) A list of names and addresses of each owner of land within the prospecting site and each person known by the applicant to hold any option or lease on land within the prospecting site and all prospecting and mining permits in this state held by the applicant.(e) Evidence satisfactory to the department that the applicant has applied for necessary approvals and permits under all applicable zoning ordinances.(f) Information specified in s. 293.35(1), Stats., related to forfeiture of mining reclamation bonds, by the applicant or related persons within the preceding 20 years.(g) Information relating to whether unsuitability may exist for prospecting and surface mining to the extent not fully considered under s. 293.45, Stats.(h) A description of the land contiguous to the proposed prospecting site that the applicant owns, leases, or has an option to purchase or lease.(i) A summary of project-related impacts to wetlands and steps to minimize impacts to wetlands in accordance with s. 281.36, Stats.(j) A summary of project-related impacts to water supply wells and surface water bodies as result of groundwater pumping or prospecting site dewatering, if applicable, and steps to mitigate the impacts as provided under s. 293.65(3) (b), Stats.(k) A summary of environmental management and pollution control technologies that will be implemented at the proposed prospecting site.(l) If the prospecting project does not include a mining waste facility, a contingency plan consistent with the provisions of s. NR 182.109(2) (d), as appropriate for the proposed prospecting operation.(m) A description of any requested exemptions or variances to provisions of ch. 293, Stats., or this chapter, in accordance with s. NR 131.112.(n) Other relevant information or documentation that the department may require.(4) At the time an applicant submits a prospecting permit application, the applicant shall also submit an environmental impact report, if required by the department, consistent with the requirements of ch. NR 150, and applications and supporting documentation for other approvals, licenses, and permits relating to the proposed prospecting project and identified by the department in the response provided under s. NR 131.105(5). These documents shall be provided in the format and quantities prescribed by the department.(5) The hearing procedure outlined in s. 293.43, Stats., shall govern all hearings on the prospecting permit application, any statements prepared under s. 1.11, Stats., and, to the fullest extent possible, all other applications for approvals, licenses, and permits relating to the proposed prospecting project issued by the department.Wis. Admin. Code Department of Natural Resources NR 131.107
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022