Section NR 182.108 - Feasibility report(1) An applicant is encouraged to contact the department during the early stages of project planning and development to determine what permits and approvals may be required and to assure that submissions are consistent with department requirements.(2) No person may establish or construct a mining waste site or expand an existing mining waste site without first obtaining approval of a feasibility report and a plan of operation from the department. The purpose of the feasibility report is to determine whether the site may be approved for the purpose intended and to identify any conditions that must be included in the plan of operation and in the license issued under this chapter. The feasibility report shall be prepared and submitted to the department in accordance with s. NR 182.104. The feasibility report shall be submitted at the same time as the permit application and plans submitted under ch. NR 131 or 132 and shall be consistent with the applications and plans submitted under ch. NR 131 or 132. If the proposed mining waste site is a surface mine backfilled with mining waste, the feasibility report submittal provisions of this section may be satisfied by including the information required by this section in the mining permit application submitted under ch. NR 132 and issuance of the mining permit shall constitute approval of the feasibility report and favorable determination of site feasibility. The amount of regional and site-specific information and data required for each waste site may vary and shall be based on results of the waste characterization studies, but shall, at a minimum, contain the items in subs. (3) to (13), unless such information is contained in the submittal of documents required under ch. NR 131, 132, or 150 or s. 23.11(5), Stats.(3) The feasibility report shall contain a general overview of the proposed mining waste facility that includes all of the following:(b) The name, address and phone number of the person who has been designated by the applicant as the primary contact for departmental correspondence.(c) The owner of the proposed facility.(d) The location of the proposed facility.(e) The proposed licensed acreage of the proposed facility.(f) The proposed facility life and range of disposal capacity of the proposed facility.(g) The estimated waste types and quantities to be contained in the proposed facility.(4) The feasibility report shall include discussion of waste characterization studies and analysis of all mining wastes that may be disposed of or stored in the mining waste site. Waste characterization studies shall be conducted in accordance with all of the following:(a) Waste characterization and analysis shall identify the characteristics of the wastes necessary to enable the applicant to comply with the requirements of these regulations. The waste characterization shall include an evaluation of the quantities, variability, and physical, radiologic, and chemical properties of each waste type at a level of detail necessary to support predictive modeling and assessment of potential environmental impacts related to waste handling, storage, and disposal that is sufficient to allow the department to evaluate the effectiveness of facility design and to determine the appropriate regulatory controls and monitoring requirements. The evaluation under this paragraph may include a review of the literature and results from similar existing facilities, materials, or studies in addition to project-specific characterization and analyses.(b) Testing shall be performed on representative samples of material available or obtained through additional sampling programs, on individual wastes from the mining and milling process, and on composite wastes where mixed storage or disposal of individual wastes is proposed. When either physical or chemical segregation of a waste is proposed, each individual waste shall be tested. If representative samples of waste materials are not available and the applicant demonstrates the cost of obtaining the samples are prohibitive or technically infeasible, the analyses shall be based on the most suitable surrogate information, as determined by the department, and reasonable worst case assumptions and analyses, as determined by the department, shall be incorporated into the waste characterization evaluation and related analyses in the absence of direct analytical results. The major components of waste characterization and analysis shall include all of the following:1. Identification of all wastes that will be disposed of or stored in the waste site. Identification shall include classification of waste types, estimation of the generation rates and volumes of each waste type, and an explanation of the ultimate disposition of each waste type.2. Chemical, mineralogical, petrological, and radiological analyses of the wastes.3. Particle size analyses of the wastes including specific surface area as a function of particle size.4. Laboratory dissolution testing, of appropriate duration, to determine the acid producing characteristics of the wastes, the acid-consuming characteristics of the waste and how the waste composition and physical characteristics affect the overall acid-generation and dissolved solids dissolution from the wastes. Testing shall include both static and kinetic testing protocols appropriate for the specific waste material and shall follow the best available test methodology recommended by ASTM International or other appropriate authority.5. Determination of the leaching potential of the wastes and determination of the composition of the resulting leachate.6. Assessment of the presence, distribution, and abundance of asbestiform minerals in the waste materials.7. A discussion and evaluation of the physical, radiologic, and chemical properties of the wastes materials that are critical in developing facility storage or disposal plans and designs.8. An evaluation of the reagents proposed for use in the mining operation and how the degradation and transport of reagents may affect mineral dissolution of the waste materials, particularly tailings and leached ore materials.9. The applicant shall describe in detail the testing methods and chain of custody protocols employed in evaluating the waste characteristics and shall provide to the department justification for the use of such methods. Test methods shall include static testing and kinetic testing of adequate duration so reactions are reasonably complete and shall also develop appropriate geochemical modeling to assess the waste characterization results and for use in predictive analyses. If the department cannot reasonably verify the methods utilized by the applicant or the results therefrom other than by independent testing, the department may require that the applicant provide representative samples to the department for such independent testing. Use of these samples shall recognize the effect of time upon the representativeness of sample analysis results.(c) When appropriate, and if sufficient quantities of materials from bulk sampling or prospecting are available, the applicant shall conduct, if required by the department, a field-testing program to both supplement and verify literature survey and laboratory-scale testing programs.(d) The applicant is encouraged to develop methods of waste handling that will result in the reuse or recovery of such materials. Accordingly, the feasibility report shall include a discussion of alternative methods of disposal of waste materials, including an analysis of the practicability of the reuse, sale, recovery, or processing of such wastes for other purposes.(e) The applicant shall use the results of the waste characterization and geochemical modeling analyses, combined with information from the evaluation of regional and other site-specific information, in the feasibility report and plan of operation to evaluate facility siting alternatives, determine necessary site specific information, and develop appropriate design, construction, operation, monitoring, and long-term care requirements for each category of waste.(f) The applicant shall provide a summary of the waste characterization as it relates to the handling, storage, and disposal of the waste.(5) The feasibility report shall include a discussion of the regional site setting to provide a basis for comparison and interpretation of site-specific information obtained through field investigations. The applicant shall limit the discussion to information available from state agency files and publications although some field verification and updating may be necessary. The applicant shall collect and synthesize regional information from that area that may affect or be affected by the proposed mining waste site, which in most instances will be the proposed site, and the area within a radius up to 5 miles from the site. The applicant shall supplement the discussion with maps or cross-sections, when appropriate. In the discussion, the applicant shall address all of the following:(b) Hydrology, including surface water drainage patterns and important hydrologic features such as navigable waters, springs, drainage divides, and wetlands.(c) Geology, including the nature and distribution of bedrock and unconsolidated deposits.(d) Hydrogeology, including depth to groundwater, flow directions, recharge and discharge areas, groundwater divides, aquifers and the identification of the aquifers used by all public and private wells within at least 1,200 feet of each proposed site, and other information needed to establish the depth of useable groundwater under s. NR 182.107(1) (c).(e) Groundwater and surface water quality and precipitation chemistry.(g) Identification of adjacent landowners.(i) Present land uses, with emphasis on known recreational, historic, archaeological, scientific, cultural, or scenic significance and whether any portion of the facility lies within an area in which Indian tribes retain federally guaranteed treaty rights.(j) Present or proposed access roads and any weight restrictions for those roads.(k) Factors identified in s. NR 182.105. (l) Identification of aquatic and terrestrial ecosystems such as stream orders and habitat classifications and any sensitive water resources including areas of special natural resource interest as defined in s. 30.01(1m), Stats.(6)(a) The feasibility report shall include site-specific information and the applicant shall perform field and laboratory investigations to further define site physical, chemical and biological characteristics in accordance with all of the following: 1. Perform field investigations to define the site-specific topography, soil types, hydrogeologic characteristics including initial assessment of the depth of useable groundwater, surface water characteristics including drainage patterns and flow rates and the presence and nature of wetlands.2. Prepare an existing site conditions plan sheet to include a detailed topographic survey of the area of investigation. All elevations shall be tied to USGS mean sea level datum. The map, if practicable, shall have a scale no greater than 1:2,400 with a contour interval of 0.1 to 4 feet.3. Prepare the plan in compliance with requirements of s. NR 182.104 and delineate the property boundaries, proposed waste facility and site boundaries, survey grid, buildings, water supply wells, utility lines, man-made features, soil boring locations, observation well locations and other pertinent information.(b) The department shall determine the number and depth of soil borings required depending on the relative homogeneity of the soils at the site, the size of the area, character of the wastes and the geotechnical design requirements for the waste site. The applicant shall drill borings to define sub-surface conditions both inside and outside the proposed limits of filling. The department shall determine the number and location of borings sufficient to sample adequately major geomorphic features such as ridges and lowlands. The applicant shall classify each major soil layer encountered during the boring investigation according to the unified soil classification system. The applicant shall bore the site subject to all of the following provisions:1. At a minimum, drill borings in 10 separate locations distributed over the first 5 or less acres of the proposed fill area. Drill a minimum of 2 additional borings for each additional 5 or less acres of proposed fill area. The applicant shall ensure that borings are located on a grid pattern covering the proposed facility and are located in or within 300 feet of the proposed limits of filling.2. Extend borings a minimum of 25 feet below the anticipated sub-base grade. If the boring is located outside the proposed limits of filling, the applicable sub-base grade is the elevation of the bottom of the proposed base liner nearest to the borehole.3. If regional information suggests that bedrock is within 50 feet of the lowest elevation of the proposed sub-base grades, extend one boring at least 5 feet into bedrock. Every attempt shall be made to locate this boring outside the proposed limits of filling. The applicant shall perform bedrock drilling in accordance with ch. NR 141.4. Collect and retain samples and prepare boring logs. In each log, the applicant shall include soil and rock descriptions, method of drilling, method of sampling, sample depths, date of boring, and water level measurements and dates. The applicant shall refer all elevations to USGS mean sea level datum. The applicant shall prepare borings using a format and terminology consistent those recommended by the USGS, American Society of Testing and Materials or other industry standards.5. Abandon borings not converted to wells in accordance with s. NR 141.25.(c)1. The applicant shall collect soil samples to adequately determine the geology and ensure proper design and monitoring of the site. The applicant shall collect soil samples at maximum 5-foot depth intervals, unless physical conditions, such as soil homogeneity, indicate that greater intervals would be adequate. When appropriate, the applicant shall collect samples using generally accepted undisturbed soil sampling techniques. The applicant shall classify all soil samples according to the unified soil classification system.2. The applicant shall perform soil tests including grain-size distribution and Atterburg limits as required for classification and correlation purposes and to develop necessary geotechnical design parameters for the waste site. The applicant may not composite samples for testing purposes.3. The applicant shall include other physical, chemical, and biological testing as appropriate in soil testing.(d) The applicant shall determine the hydraulic conductivity of the various soil strata. The applicant shall use in situ hydraulic conductivity testing procedures to confirm laboratory values.(e) The applicant shall install groundwater wells and piezometers at locations sufficient to define the hydrogeologic and groundwater quality conditions of the proposed mining waste facility and for determining whether the proposed facility will be capable of complying with applicable groundwater standards required under s. NR 182.107. The applicant shall comply with all of the following requirements: 1. Install observation wells to adequately define the water table surface and horizontal and vertical hydraulic gradients in and around the proposed site. At a minimum, install 5 water table observation wells for the first 5 or less acres of disposal area and one additional observation well for each additional 5 or less acres of disposal area. Construct the observation wells so that the water table intersects the well screens at all times during the year.2. Install a piezometer adjacent to a water table observation well at 2 separate locations to create well nests for the first 5 or less acres of disposal area. Install one additional piezometer for each additional 10 or less acres of disposal area to create additional well nests. For every 20 acres of disposal area, place at least one well nest within the proposed limits of filling.3. For proposed limits of filling located in a fine-grained soil environment, each well nest required under subd. 2. shall consist of 3 wells: a water table observation well, a piezometer installed at or just below the proposed sub-base grades, and a deeper piezometer installed at least 15 feet below the bottom of the upper piezometer's well screen.4. Ensure that wells are located upgradient and downgradient of the proposed facility, within the limits of filling, within and at the mandatory intervention boundary and within and at the design management zone.5. Construct water table observation wells and piezometers in compliance with ch. NR 141 unless an alternative method of well design and installation is approved by the department prior to well construction.6. Collect and analyze soil samples as described in par. (c) 1. to 3. from all observation wells and piezometers, or the deepest well of a well nest, or a sampled boring within 20 feet of such a well if the soil boring is of similar depth.7. Document well construction in accordance with ch. NR 141 and include the elevation of the ground surface, the top of the pipe, the bottom of each boring, the well seals, the screened interval, a description of well construction, and a boring log, as required in par. (b) 4.8. Upon completion, develop each well in accordance with s. NR 141.21.9. Make successive water level measurements in each well or piezometer until stabilized readings are obtained.10. Design, install, develop, document and sample all wells in accordance with ch. NR 141. The department may approve alternative methods of well design and installation that achieve comparable results prior to well construction.(f) The applicant shall prepare an environmental characterization report that describes the structure and functional relationships of potentially impacted ecosystems. The report shall include an analysis of all relevant site-specific environmental information data and all of the following:1. A baseline environmental monitoring program consistent with the requirements of ss. NR 132.105 and 132.117. The baseline program shall address physical-chemical and biological monitoring in the vicinity of the proposed mining waste facility necessary to evaluate the potential environmental impacts associated with construction and operation of the facility. The applicant shall select physical-chemical parameters based on transport and transformation mechanisms in the environment as well as other factors affecting the mobility and toxicity of pollutants. The applicant shall select biological parameters based on the environmental characterizations, the degree of impact predicted, and the potentially affected organisms' sensitivity to contaminants. The applicant shall select monitoring programs of sufficient scope and duration to adequately characterize seasonal and spatial variability in natural conditions.2. A land use map showing plant communities, wildlife habitat, endangered and threatened species occurrences, to the extent that disclosure of such information is not restricted, archeological or historic sites, buildings, and areas of social and cultural importance. The applicant shall use the existing site conditions map as a base map.3. The baseline groundwater quality at all wells that were installed outside the proposed limits of filling to evaluate the proposed mining waste facility. The applicant shall analyze samples for appropriate indicator parameters including, calcium, magnesium, sodium, potassium, iron, manganese, bicarbonate, sulfate, nitrate, chloride and alkalinity, public welfare related parameters identified in ss. NR 140.12 and 140.20, and other constituents based on the specific waste types and waste characteristics. The department may require additional parameters based on the results of ongoing monitoring and characterization studies. To determine baseline groundwater quality for the parameters, the applicant shall collect and analyze a minimum of 8 samples, with at least 30 days between samples, and submit the results to the department with the feasibility report and plan of operation.4. A table showing existing water quality of all potentially affected surface waters. The table shall include navigable waters, as defined in s. 30.01(1m), Stats., and important aquatic habitat, including wetlands, springs and area of special natural resource interest, as defined in s. 30.01(4m), Stats.5. Local climatological data for seasonal precipitation, evaporation, air temperature, and wind velocity and direction. The applicant shall collect meteorological data in the vicinity of the proposed facility to facilitate correlation of the on-site conditions with data from existing regional sites with long-term meteorological records.(7) The applicant shall propose a facility design, based on the conclusions resulting from the analysis of site data and waste characterization, capable of ensuring compliance with applicable standards. The proposed facility design shall consist of the preliminary type, size, and location of the proposed facility, engineering plans, a general discussion of proposed operating procedures, and a proposed monitoring program. This section of the feasibility report shall include, for each waste site, all of the following: (a) A map, using the existing site conditions map as a base, that shows proposed access, lateral extent of filling, and phases of facility development.(b) A series of cross-sections showing present topography, proposed base grades, and final grades, using the geological sections as a base.(c) The preliminary earth work balance calculations.(d) The proposed methods for leachate minimization, collection, and treatment.(e) The proposed operating procedures including the method of site development, phasing, erosion control, and stormwater management, screening, access control, and other special design features.(f) The estimated material balances prepared from best available information showing the quantities of the wastes identified in par. (a). These material balances shall include all of the following:1. The projected conditions existing at the end of a typical year of production.2. The projected conditions existing before and after a significant change in operating practice of the mine waste site or facility, such as the end of active filling and subsequent closure of a cell of a tailings disposal area and the establishment of another.3. The projected conditions existing at the end of operations.4. The projected conditions existing at the end of closure and final reclamation.(g) A discussion of the reasoning and logic behind the design of the major features of the site, such as traffic routing, base grade, and relationships to subsurface conditions, phases of development, anticipated waste types and characteristics, acid-generation controls, liner system and final cover system design, facility monitoring, and similar design features necessary to ensure compliance with applicable standards.(h) A proposed monitoring program developed for the purpose of determining whether the proposed facilities meet all environmental standards. The initial monitoring program design and specifications should be based on potential variations in the quality and quantity of waste materials, methods of processing, transport and disposal, and the variability of important environmental conditions.(i) The information, based on predictive modeling, to demonstrate that there is a reasonable certainty that the facility, as designed, will not result in a violation of the groundwater quality standards, specified in ch. NR 140, beyond the design management zone and within the depth of useable groundwater. The operator shall demonstrate compliance with applicable groundwater and surface water quality standards for a period consisting of the time period in which the mining waste site is proposed to operate, plus 250 years after closure of the mining waste site, unless a shorter time period is specified by the department. If any statistically significant change in baseline groundwater quality is predicted, the applicant shall prepare a specific assessment of any adverse environmental impacts reasonably expected to result. If the background concentration of a substance attains or exceeds a preventive action limit for that substance or if it is expected, with reasonable certainty, that a preventive action limit will be exceeded beyond the design management zone, the applicant shall request an exemption under ss. NR 140.28 and 182.119.(j) For expansion of existing facilities, an evaluation of the effectiveness of the existing site design and operation.(8) The applicant shall complete a groundwater modeling analysis of potential impacts. The analysis shall include enough information to assess existing groundwater flow conditions and to predict possible impacts to groundwater quality and quantity from the mining waste facility and other facilities on the mining site in compliance with the requirements of sub. (7) (i) and s. NR 182.107. The groundwater modeling analysis shall be completed in coordination with groundwater studies conducted to comply with chs. NR 132 and 150, ss. 281.34 and 293.65, Stats., and other applicable laws and rules of the department. The modeling analysis shall include the following: (a) A clear statement of the purpose and objectives of the model.(b) A discussion of the hydrologic data necessary to construct the groundwater model and the methods proposed to obtain the necessary data.(c) A discussion of the formulation of the conceptual hydrologic model of the study area, including dimensionality, transience, and boundary conditions.(d) A discussion of the selection criteria for choosing the model code used to simulate the study area and forecast future conditions. Models used for groundwater flow and contaminant transport analyses shall consist of public domain open source software. Secondary models used to generate and organize input files, process model outputs or evaluate model boundaries are not required to consist of public domain open source software but must be fully documented and verified.(e) A description of the design and construction of the model, including how the conceptual understanding of groundwater flow is translated to the groundwater model.(f) A discussion of model calibration and verification, including what model parameters were adjusted, what targets were used in the calibration process, how well the model performs at verification/history matching, and why the history matching process and selected targets are appropriate for the modeling purpose. Also included in the model calibration should be a discussion of statistics used to quantify model calibration.(g) A sensitivity analysis to determine how uncertainty in model parameters or boundary conditions might impact the model predictions.(h) The predictive simulations that address the modeling objectives and that simulate a range of possible outcomes.(i) The uncertainty analyses of the model overall to help quantify the underlying uncertainty of assumptions made during the modeling process, and analysis of how this uncertainty impacts the model predictions.(j) A modeling report that addresses all the information in this subsection, as well as all modeling files and data necessary to review the modeling effort.(9) The feasibility report shall include a preliminary water budget for 3 time periods: before construction, during active operation, and after facility closure. The water budget calculations shall be made for 3 climatological situations depicting dry, wet, and average precipitation - evaporation conditions based on climatologic records. The water budget shall describe the estimated amount and quality of seepage and discharge to surface and groundwater. The applicant shall consider all of the following factors in preparation of the water budget: precipitation, slurry water input and return, evaporation, surface runoff, infiltration, evapotranspiration, groundwater recharge rates, soil and waste moisture holding capacity, and groundwater flow velocities and volume.(10) The feasibility report shall include an analysis of the impact of the waste disposal site on aesthetics and how such impact can be minimized.(11) The feasibility report shall include a summary of the slope stability analyses of all mining waste facilities conducted as part of the plan of operation under s. NR 182.109(2) (b) 15., in the feasibility report.(12) The feasibility report shall include a discussion of design, location and operational alternatives that includes all of the following:(a) Identification and evaluation of alternatives to the design and location of any new proposed waste site, including an economic analysis of sites that are both environmentally and economically feasible. Operation alternatives shall be discussed to the extent they have a significant impact on design and location alternatives.(b) Identification and analysis of various alternative sites so that a legitimate comparison between several of the most viable sites can be made. In order to minimize the total adverse environmental impact, a viable site shall be chosen that will result in the least total overall adverse environmental impact.(c) Documentation of the process by which the preferred site and critical design elements were selected. The analysis shall document that the preferred site and design will result in the least overall environmental impact compared to other viable sites and designs.(d) Supporting data for all viable alternative waste sites and designs considered by the applicant in the siting and design alternatives analysis.(13) The feasibility report shall include an appendix that contains all of the following: (a) Boring logs, soil tests, well construction data, and water level measurements.(b) The measured baseline values for all parameters monitored, the spatial and temporal variability of these baseline values, and the error associated with the baseline values and the natural variability. For all parameters with significant variability or sample frequency problems that will make comparison with subsequent analyses less reliable than expected or desired, the applicant shall identify additional monitoring or analytical measures to achieve the desired levels of precision. The applicant shall provide sufficient data, documentation of statistical procedures, and summary statistics to allow independent evaluation of baseline values.(c) Methods and assumptions used in the analysis of the raw data.(14)(a) The department shall review a feasibility report submitted under this chapter in accordance with the time limitations specified in ss. 293.40 and 293.495, Stats.(b) Following completion of the hearing and within the time periods specified under s. 293.43, Stats., the department shall issue a final determination of feasibility that states the findings of fact and conclusions of law upon which the determination is based. The site may be found feasible if it meets the design, operation, location, and environmental standards contained directly or by cross-reference in this chapter. The department may condition the issuance of the final determination of feasibility upon special design, operational, or other requirements deemed necessary to ensure compliance with applicable standards. The final determination of feasibility shall specify the design capacity of the proposed facility. The issuance of a favorable final determination of feasibility constitutes approval of the facility for the purpose stated in the application but does not guarantee plan approval under s. NR 182.109, or licensure under s. NR 182.111.Wis. Admin. Code Department of Natural Resources NR 182.108
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2), (4) (a), (6) (e) 3., (f) 3., 4., (8) (intro.) made under s. 35.17, Stats., correction in (2) made under s. 13.92(4) (b) 3, correction in (8) (j) made under s. 13.92(4) (b) 7, Stats., and correction in numbering of (14) made under s. 13.92(4) (b) 1, Stats., Register December 2021 No. 792, eff. 1/1/2022