Section NR 132.105 - Preapplication notification and data collection(1) At least 12 months before filing an application for a mining permit under s. NR 132.107 a person proposing to engage in a mining project shall notify the department in writing of the person's intention to apply for a mining permit and submit to the department a project review fee under s. NR 132.106. The person submitting the preapplication notification shall provide the department with a complete electronic version of the notice in a format prescribed by the department and shall provide duplicate paper copies of the notice in a quantity specified by the department. The notice shall include all of the following information: (a) The name, address, and telephone number of the person submitting the preapplication notification.(b) A map showing the approximate location of the mining site including anticipated project boundaries, locations of surface waters, roads, railroads, pipelines and utilities within the project area and identification of property ownership of lands included in the project site and adjacent areas.(c) The expected date when a mining permit application may be submitted under s. NR 132.107.(d) A preliminary project description addressing all of the following: 1. A topographic map showing the location of the ore body and preliminary location of major project facilities.2. A general description of the ore body including available details on size, shape, and orientation, faulting and fracturing systems and patterns, origin, lithology, and mineralogic composition, including approximate metal grades and content.3. A discussion of the anticipated mining and ore processing methods, a general description of the wastes expected to be generated, and potential locations of anticipated mining, milling, and mining waste facilities.4. The following information pertaining to potential mining sites: a. A discussion of land uses at the proposed mining site and the surrounding area which may have an impact on the suitability of the property as a mining site or on groundwater quality.b. A discussion of land use zoning, with particular attention given to areas where zoning variances will be required, where agricultural impact statements may be required, or where floodplain, conservancy, shoreland or wetland zoning is designated.c. Identification of known recreational, historical, archaeological areas, areas that contain threatened or endangered species per s. 29.604, Stats., and ch. NR 27, state or local natural areas and county forest lands.d. A discussion of the regional setting of the proposed mining site generally documented by currently available public information addressing the topography, surface hydrology including the presence of any resources designated as areas of special natural resources interest under s. 30.01(1am), Stats., geology and hydrogeology of the area surrounding the potential mining site.5. An estimate of the project schedule.(e) A proposed scope of study that includes all of the following: 1. Identification of data requirements needed for preparation of the mining permit application, environmental impact report, mining waste site feasibility report and plan of operation and other applications for permits, licenses, and approvals issued by the department.2. Specific methodologies to be utilized in data collection, data processing and synthesis, laboratory methods, and analyses.3. Description of the format in which the data will be presented in the environmental impact statement and applications for other approvals, permits and licenses.4. Tentative schedule for collection of field data.5. Names, addresses, and qualifications of persons who will be responsible for data collection, laboratory work, and impact analysis. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data.6. Quality assurance programs employed in obtaining, collecting, generating, and evaluating all baseline data.7. Identification of anticipated modeling studies necessary to evaluate facility design and complete environmental impact assessments.(f) Other pertinent information as requested by the department.(2) The person giving notice under sub. (1) may submit, as part of the notification, specific environmental data that were obtained, collected, or generated prior to submitting a preapplication notification under this section including data reviewed under s. NR 132.104 and data that were not reviewed under s. NR 132.104. To the extent such information is available, the person shall include substantiating background information that will assist the department in establishing the validity of the data including the following: (a) The data obtained, the method of data collection, and the analytical methods employed.(b) The identity of persons obtaining, collecting, and generating the data and their qualifications. Data shall be submitted under the seal of a licensed professional engineer, geologist or hydrologist registered with or licensed by the Wisconsin department of safety and professional services or other professional with expertise directly applicable to the data.(c) Permits, licenses, and approvals that were in effect when the data and information were obtained, collected, and generated prior to submitting the preapplication notification.(3) Upon receipt of the preapplication notification under sub. (1), the department shall give public notice of the department's receipt of the preapplication notification 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. The department shall make the preapplication notification available for review in the county, city, village, or town in which the mining site is located. The notice under this subsection shall invite interested persons to submit comments regarding information those interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and information that the interested persons believe the department should seek through independent studies. The department shall hold a public informational hearing to receive comments from interested persons and the hearing shall be completed within 45 days after public notice required under this subsection is given.(4) The department shall receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (3) as to information that the interested persons believe should be requested from the person submitting a preapplication notification under sub. (1) and the information that the interested persons believe the department should seek through independent studies.(5) No later than 90 days after the period for receiving and considering comments from interested persons under sub. (4), the department shall inform the person giving notice under sub. (1) of the type and quantity of information that the department believes to be needed to support an application for a mining permit and the methodology to be used in gathering information and shall identify preliminary verification procedures to be conducted by the department under sub. (9). The department shall specifically inform the person submitting a preapplication notification under sub. (1) of the type and quantity of information on the characteristics of groundwater resources in the area in which mining is anticipated to occur that the department believes is needed to support an application, including the information that the department believes should be included in the applicant's environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform the person submitting a preapplication notification under sub. (1) of the application timelines and other filing requirements for all other approvals, licenses, and permits relating to the proposed mining project.(6) No later than 90 days after receiving the information from the department in sub. (5), the person submitting a preapplication notification under sub. (1) shall submit to the department a final scope of study incorporating information provided by the department in sub. (5).(7) All environmental baseline data gathered by a person submitting a preapplication notification under sub. (1) shall be submitted to the department as soon as it is in final form as described in the scope of study. The department may require the person to submit any raw field data collected either by the applicant or by a consultant.(8) The department may at any time after consultation with the person submitting a preapplication notification under sub. (1) revise or modify its requirements regarding information that must be gathered and submitted as part of the information needed for preparation of the mining permit application, environmental impact report, mining waste site feasibility report, plan of operation, or other applications for permits, licenses, and approvals issued by the department. (9) The department may conduct studies necessary to verify information that may be submitted in support of the environmental impact report, mining permit application, or applications for other permits and approvals issued by the department. The department shall develop studies and quality assurance and verification programs in a manner consistent with future monitoring requirements.Wis. Admin. Code Department of Natural Resources NR 132.105
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (d) 4. c. made under s. 35.17, Stats., and correction in numbering of (2) (a) to (c) made under s. 13.92(4) (b) 1, Stats., Register December 2021 No. 792, eff. 1/1/2022