Section NR 131.120 - Prospecting permit and plan modification(1) If the department after review of the prospecting permit, prospecting plan and reclamation plan determines that the permit or plans should be modified or the bond amount changed, it shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modifications or changes shall be deemed accepted.(2) An operator, at any time, may apply for amendment or cancellation of a prospecting permit or for a change in the prospecting plan, reclamation plan, or monitoring plan for any prospecting operation that the operator owns or leases. (a) The operator shall submit any application for the amendment, cancellation, or change in a format specified by the department. The request shall identify the tract of land to be added to or removed from the permitted prospecting site or to be affected by a change in the prospecting or reclamation plans. The request shall clearly identify any proposed changes in the prospecting plan, reclamation plan, or monitoring plan, reasons for the changes and anticipated environmental and economic impacts of the proposed changes.(b) The department shall determine if any change in the prospecting plan, reclamation plan, or monitoring plan substantially broadens or changes the scope of the original prospecting project and provide notice of its determination in the same manner as specified under s. 293.43(2m) (b), Stats.(c) The department shall provide notice of any modification that involves an increase or decrease in the area of a prospecting site or a substantial change in the prospecting plan, reclamation plan, or monitoring plan in the same manner as an original application for a prospecting permit under s. 293.43(2m), Stats. If 5 or more interested persons do not request a hearing in writing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.(d) If the department holds a hearing, it shall be conducted as an informational hearing and shall be subject to the notice and procedural provisions under s. 293.43(3m), Stats. Any information presented in a prior hearing on either the original application or any previous modification may be offered as part of the hearing record on the proposed modification.(e) If the application is to cancel any portion of a prospecting site, the department shall verify that prospecting has not occurred on the portion of the prospecting site identified in the request. If the department finds that no prospecting has occurred, the department shall modify the prospecting permit accordingly and, if applicable, shall authorize the operator to modify the financial securities required under s. NR 131.116 to reflect the decrease in the prospecting site.(3) To the extent that testimony and evidence submitted at the original prospecting permit proceedings or from previous modification hearings is relevant to the issues of modification or granting or denial of the amendment, it may be adopted in the subsequent proceedings, subject to the opportunity for cross-examination and rebuttal, if not unduly repetitious.Wis. Admin. Code Department of Natural Resources NR 131.120
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (c) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022