Section NR 132.114 - Mining permit issuance(1) Unless denied pursuant to s. NR 132.115 and except with respect to property specified in s. 41.41(11), Stats., within 90 days of the completion of the record for the public hearing held under s. 293.43, Stats., the department shall issue the mining permit if it finds all of the following:(a) The mining plan and reclamation plan are reasonably certain to result in reclamation of the mining site consistent with this chapter and ch. 293, Stats., and the mining plan and reclamation plan are approved as part of the mining permit.(b) The proposed operation will comply with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules implemented by the department.(c) The technology that will be used at the proposed operation 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.(d) In the case of a surface mine, the site is not unsuitable for mining.(e) The proposed mining operation will not endanger public health, safety, or welfare.(f) The proposed mining operation will result in a net positive economic impact in the area reasonably expected to be most impacted by the activity.(g) The proposed mining operation conforms with all applicable zoning ordinances.(2) The department shall make an approval or denial in findings of fact, conclusions of law, and an order setting forth reasons with clarity and in detail. The department may modify or conditionally approve the operator's proposed mining or reclamation plans in order to meet the requirements of this chapter, and, as modified or conditioned, grant its approval.(3) Except as otherwise provided in ss. 293.53(2), 293.55 to 293.59, 293.63, 293.81, and 293.83, Stats., mining permits shall be valid for the life of the project unless canceled under s. 293.83(1) or (3) or 293.85, Stats., or revoked under s. 293.87(2) or (3), Stats. Unless previously modified, canceled, or revoked, the mining permit issued under this section shall remain valid until reclamation of the entire mining site has been certified as complete under s. NR 132.122 and the department issues a revised mining permit under s. NR 132.122(7) (b).Wis. Admin. Code Department of Natural Resources NR 132.114
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022