Section NR 131.115 - Prospecting permit denial(1) DENIAL. Within 60 days of the completion of the record for the public hearing held under s. 293.43, Stats., the department shall deny the prospecting permit if it finds any of the following: (a) The prospecting site is unsuitable for prospecting or, absent certification under s. 293.35(1), Stats., surface mining.(b) The prospecting plan and the reclamation plan will not comply with the minimum standards for prospecting and reclamation as provided in ss. NR 131.108 and 131.109.(c) The applicant is in violation of ch. 293, Stats., and the provisions of this chapter.(d) The applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state.(e) Any officer or director of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40 percent interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state.(f) The proposed prospecting operation may reasonably be expected to create any of the following situations:1. Landslides or substantial deposition from the proposed operation in stream or lake beds which cannot be feasibly prevented.2. Significant surface subsidence which cannot be reclaimed because of the geologic characteristics present at the proposed site.3. Hazards resulting in irreparable damage to any of the following, which cannot be prevented under the requirements of ch. 293, Stats., avoided to the extent applicable by removal from the area of hazard or mitigated by purchase or by obtaining the consent of the owner: f. Commercial or institutional buildings.h. Other public property designated by the department.4. Irreparable environmental damage to lake or stream bodies despite adherence to the requirements of ch. 293, Stats. This subdivision does not apply to an activity which the department has authorized pursuant to statute, except that the destruction or filling in of a lakebed shall not be authorized notwithstanding any other provision of the law.(2) NOTICE OF DENIAL. If the department denies an application for a prospecting permit, the department shall furnish the operator findings of fact, conclusions of law, and an order setting forth the reasons for denial.Wis. Admin. Code Department of Natural Resources NR 131.115
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022