Section NR 132.107 - Application to mine(1) No person may engage in mining or reclamation at any mining site that is not covered by a mining permit and a written authorization to mine as provided in s. NR 132.116(4).(2) No application for surface mining will be entertained by the department if within the previous 5 years the applicant, or a different person who had received a prospecting permit for a site had certified under s. 293.35(1), Stats., that he or she would not subsequently make application for a permit to conduct surface mining at the site.(3)(a) An applicant shall submit an application 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 par. (a), the department shall give public notice of the department's receipt of the application and the availability, for review, of the mining permit application and additional documents specified under sub. (5), 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.(4) The application shall be accompanied by all of the following: (a) A mining plan in accordance with s. NR 132.108.(b) A reclamation plan in accordance with s. NR 132.109 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 mining site and locations both upgradient and downgradient of the mining 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 mining site and each person known by the applicant to hold any option or lease on land within the mining 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. 293.37(2) (e)1, Stats., related to forfeiture of mining reclamation bonds, felony convictions, bankruptcies, or revocations of mining permits by the applicant or related persons within the preceding 10 years.(g) Information relating to whether unsuitability may exist for surface mining to the extent not fully considered under s. 293.45, Stats.(h) Descriptions of land contiguous to the proposed mining 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 a result of groundwater pumping or mine dewatering 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 mining site and documentation that the proposed technology is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules of the department and is reasonably certain to result in compliance with these laws and rules at the proposed mining site.(l) If not provided in an environmental impact report, information demonstrating the proposed mine will result in a net positive economic impact in the area reasonably expected to be most impacted by the activity.(m) A description of any requested exemptions or variances to provisions of ch. 293, Stats., or this chapter, in accordance with s. NR 132.112.(n) Other pertinent information or documentation that the department may require.(5) At the time an applicant submits a mining permit application, the applicant shall also submit an environmental impact report consistent with the requirements of ch. NR 150, mining waste site feasibility report, mining waste site plan of operation and applications, and supporting documentation for other approvals, licenses, and permits relating to the proposed mining project and identified by the department in the response provided under s. NR 132.105(5). These documents shall be provided in the format and quantities prescribed by the department.(6) The hearing procedure outlined in s. 293.43, Stats., shall govern all hearings on the mining 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 mining project issued by the department.Wis. Admin. Code Department of Natural Resources NR 132.107
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022