Section NR 132.113 - Timeline for review of mining permit application(1) Subject to subs. (4) and (5), within 180 days after an applicant submits an application for a mining permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the mining operation, the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed mining project. The applicant shall provide any additional information required under this section in a manner and format prescribed by the department.(2) Subject to subs. (4) and (5), if the department requests additional information from an applicant under sub. (1), within 90 days after the applicant provides additional information the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed mining project.(3) Subject to sub. (5), if the department requests additional information from an applicant under sub. (2), within 180 days after the applicant provides additional information the department shall prepare a draft environmental impact statement, a draft mining permit, and draft approvals, licenses, or permits relating to the mining operation. If the department requests additional information from an applicant under sub. (1), but not under sub. (2), the department shall prepare these draft documents within 180 days after the expiration of the 90-day period under sub. (2). If the department does not request additional information from an applicant under sub. (1) or (2), the department shall prepare those draft documents within 180 days after the expiration of the 180-day period under sub. (1).(4) Subject to sub. (5), if before the expiration of the 90-day period under sub. (2) the secretary of the department determines that the applicant has made a substantial modification to the mining plan or reclamation plan that significantly changes the information necessary to prepare an environmental impact statement or adequately review an application, the department shall notify the applicant of the secretary's determination and request additional information from the applicant. In reaching this determination, the department shall consider the extent to which the modification necessitates new data collection programs and analyses or substantive expansions or modifications of ongoing monitoring activities and analyses. Upon submission of additional information by the applicant, the timeline under this section shall begin again, starting with the period described in sub. (1). A determination by the secretary under this subsection is not subject to administrative or judicial review and may be made only once during an applicant's permitting process.(5) The department and the applicant may agree to modify all or part of the timeline under this section.(6) The department may request additional information needed to process a mining permit application or any other application for an approval, license, or permit related to the mining operation after making requests for additional information under this section, but the department may not delay the application and review process based on another request for additional information.Wis. Admin. Code Department of Natural Resources NR 132.113
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022