Section NR 132.120 - Mining permit and plan modifications(1) MODIFICATION OF MINING PERMIT AND ASSOCIATED PLANS.(a)Application. An operator, at any time, may apply for amendment or cancellation of a mining permit or for a change in the mining plan, reclamation plan, or monitoring plan for any mining operation that the operator owns or leases. 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 mining site or to be affected by a change in the mining or reclamation plans. The request shall clearly identify any proposed changes in the mining plan, reclamation plan, or monitoring plan, reasons for the changes and anticipated environmental and economic impacts of the proposed changes.(b)Procedure. Except as provided under par. (d), the department shall process the application for an increase or decrease in the area of a mining site or for a substantial change in the mining plan, reclamation plan, or monitoring plan in the same manner as an original application for a mining permit.(c)Substantial changes. The department shall determine if any change in the mining plan, reclamation plan, or monitoring plan is substantial and provide notice of its determination in the same manner as specified under s. 293.43(2m) (b), Stats.(d)Notice. The department shall provide notice of any modification that involves an increase or decrease in the area of a mining site or a substantial change in the mining plan, reclamation plan, or monitoring plan in the same manner as an original application for a mining permit under s. 293.43(2m), Stats. If the department receives less than 5 requests in writing from interested persons for a public hearing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.(e)Hearing. 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. The department may offer any information presented in a prior hearing on either the original application or any previous modification as part of the hearing record on the proposed modification.(f)Removal. If the application cancels any portion of the unmined area of a mining site, the department shall verify that mining has not occurred on the portion of the mining site identified in the request. If the department finds that no mining has occurred, the department shall modify the mining permit and the operator's written authorization to conduct mining on the mining site accordingly and, if applicable, shall authorize the operator to modify the financial securities required under s. NR 132.116 to reflect the decrease in the mining site.(2) DEPARTMENT REQUEST FOR MODIFICATION OF MINING OR RECLAMATION PLAN. The department, as provided under s. 293.55(2), Stats., may require an operator to submit amended mining and reclamation plans if the department determines the existing plans are no longer sufficient to reasonably provide for reclamation of the mining site.Wis. Admin. Code Department of Natural Resources NR 132.120
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022