Section NR 131.109 - Reclamation plan The operator shall reclaim prospecting sites in accordance with a reclamation plan approved by the department. If a prospecting site is part of a prospective mining site to be regulated under ch. NR 132, the reclamation plan shall include provisions for interim and permanent reclamation of the prospecting site. Prospecting sites shall be permanently reclaimed within 4 years after completion of prospecting unless the prospecting site is part of a site included under a pre-application notification submitted under s. NR 132.105 or a mining permit application submitted under s. NR 132.107. The reclamation plan for the prospecting site shall include all of the following:
(1) Detailed information and maps on reclamation procedures including all of the following: (a) Manner, location, sequence, and anticipated duration of reclamation.(b) Ongoing reclamation procedures during prospecting operations.(c) Proposed interim and final topography and slope stabilization.(d) Proposed final land use and relationship to surrounding land and land uses.(e) Plans for long-term maintenance of the prospecting site, including all of the following: 1. Monitoring of all of the following, as applicable:a. Wastes, groundwater levels and quality, and surface water levels and quality.b. Leachate, slope stability, vegetation, groundwater elevation, surface water flows and elevations, wetlands, and other aquatic and terrestrial systems.2. Details related to decommissioning or removing monitoring devices that are no longer in use.3. The need for long-term water control, management, and treatment systems necessary to prevent pollution of groundwater or surface water.4. Names of persons legally and operationally responsible for long-term maintenance.(f) Projected costs of reclamation including 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.(g) Projected costs of periodic repair or replacement of any engineered cover systems or water management control systems used at the mining waste site, if one is constructed, to avoid adverse environmental consequences. The estimate shall cover the costs reasonably anticipated to occur during the period between 40 and 250 years after closure of the mining waste site.(h) Proposed quantitative criteria and evaluation methods to demonstrate success and long-term stability of final reclamation for purposes of determining acceptable completion of reclamation and issuance of a certification of completion of reclamation under s. NR 131.122.(2) Evidence satisfactory to the department that the proposed reclamation will conform with all of the following minimum standards:(a) Toxic and hazardous wastes, refuse, and other solid waste shall be disposed of in conformance with applicable state and federal statutes or regulations.(b) Tunnels, shafts, or other underground openings shall be sealed in accordance with applicable safety requirements and in a manner that will prevent seepage of water in amounts that may be expected to create a safety, health, or environmental hazard, unless the applicant can demonstrate alternative uses that do not endanger public health and safety and that conform to applicable environmental protection and mine safety laws and rules.(c) Underground and surface runoff waters from prospecting sites shall be managed, impounded, or treated so as to prevent soil erosion, flooding, damage to agricultural lands or livestock, damage to wild animals, pollution of groundwater or surface waters, damage to public health, or threats to public safety.(d) Surface structures constructed as a part of the prospecting activities shall be removed, unless they are converted to an acceptable alternate use, as determined by the department.(e) Adequate measures shall be taken to prevent significant surface subsidence, but if such subsidence does occur, the affected area shall be reclaimed.(f) Topsoil from surface areas disturbed during the prospecting operation shall be removed and stored in an environmentally acceptable manner for use in reclamation.(g) Disturbed surface areas shall be revegetated as soon as practicable after the disturbance to stabilize slopes and prevent air and water pollution, with the objective of reestablishing a variety of plants and animals indigenous to the area immediately prior to prospecting, unless such reestablishment is inconsistent with the provisions of s. 293.01(23), Stats. Plant species not indigenous to the area may be used if necessary, to provide rapid stabilization of slopes and prevention of erosion, if such species are acceptable to the department, but the ultimate goal of reestablishment of indigenous species shall be maintained.(3) An analysis of alternative viable final land uses for the reclaimed site, including the presumed final use of returning affected areas to their approximate original state. The analysis of all options shall consider the extent to which the option is physically, economically and environmentally achievable and socially acceptable.Wis. Admin. Code Department of Natural Resources NR 131.109
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022