Section NR 131.108 - Prospecting plan The prospecting plan shall include all of the following:
(1) A detailed map of the proposed prospecting site.(2) Details of the nature, extent, and final configuration of the proposed excavation and prospecting site including location and total production of mining waste, refuse and the nature and depth of overburden.(3) Details of the proposed operating procedures, including all of the following: (a) Prospecting operation sequence including site preparation and construction.(b) Handling of topsoil, overburden, and waste rock materials.(c) Storage, loading, and transportation of material to be transported off of the prospecting site for further analyses.(d) Groundwater and surface water management techniques including provisions for erosion prevention and control, drainage control and a detailed water management plan showing sources, flow paths and flow rates, storage volumes, and release points. The water management plan shall include a detailed water budget that includes groundwater and surface water and plans for collection, treatment, and discharge of water resulting from the operation.(e) Plans for adequate covering or isolation of all pollutant-bearing minerals or materials handled on the site.(f) Plans for the collection, disposal, and recycling of refuse and solid waste materials generated during the life of the project but not regulated as mining waste under ch. NR 182.(g) Plans for air quality protection as required under ch. 285, Stats.(h) A risk assessment of possible accidental health and environmental hazards potentially associated with the prospecting operation. Contingency measures with respect to these risks and hazards, and the assumptions in this assessment, shall be explicitly stated.(i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions including the movement or accumulation of contaminants in groundwater and surface water, soils, and vegetation and other consequences of the operation of importance to public health, safety and welfare.(j) Description of all surface facilities associated with the prospecting site.(k) Description of anticipated geological and geotechnical investigations and drilling programs to be conducted on the prospecting site.(4) Evidence satisfactory to the department that the proposed prospecting operation will be consistent with the reclamation plan and will comply with all of the following minimum standards:(a) Grading and stabilization of excavations, sides, and benches to conform with state and federal environmental and safety requirements and to prevent environmental pollution and prevent and control erosion.(b) Grading and stabilization of deposits of prospecting refuse in conformance with applicable state and federal environmental and safety requirements and applicable solid waste laws and regulations.(c) Adequate diversion and drainage of water from the prospecting site to prevent contamination of surface water and groundwater and prevent and control erosion.(d) Notwithstanding the provisions of ch. NR 812, excavations shall be backfilled when the backfilling procedure will not interfere with the prospecting operation and will not do any of the following: 1. Cause an exceedance of any groundwater quality standards implemented under this chapter and ch. NR 182.2. Adversely affect public health or welfare.(e) Handling and storage, including covering as needed, of all materials on the prospecting site in an environmentally sound manner as determined by the department. Materials not licensed as mining waste under ch. NR 182, but deemed by the department to present a potential threat to the environment, shall be appropriately characterized in a manner consistent with procedures specified in s. NR 182.108.(f) Removal and stockpiling, or other measures to protect topsoil or other soil materials from erosion and leaching, consistent with environmental considerations and reclamation, during prospecting site preparation and active prospecting unless the department determines that such action will be environmentally undesirable.(g) Maintenance of adequate vegetative cover where feasible to prevent and control erosion.(h) Impoundment of water where necessary in a safe and environmentally acceptable manner.(i) Adequate planning of the site to achieve the aesthetic standards for the entire prospecting site described in ss. NR 131.110(1) (e) and 131.111(1).(j) Identification and prevention of pollution, as defined in s. 281.01(10), Stats., resulting from leaching of waste materials or other stockpiled materials, in accordance with state and federal solid waste laws and regulations.(k) Identification and prevention of significant environmental pollution.(l) Maintenance of appropriate emergency procedures to minimize damage to public health, safety, and welfare and the environment from events described under sub. (3) (k).(5) Submission of a plan for a pre-blasting survey, if applicable, to document the condition of permanent structures and buildings within the area potentially affected by blasting at the prospecting site as determined under s. SPS 307.41(2), with such survey being completed and submitted to the department prior to any blasting.Wis. Admin. Code Department of Natural Resources NR 131.108
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (h) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022