Section NR 132.119 - Reporting and mining permit review(1) RECLAMATION REPORTING. An operator shall submit all the following reports to the department documenting plans, progress, and evaluation of reclamation activities at the mining site. For each report, the operator shall provide the department with a quantity of paper copies specified by the department and shall provide a complete electronic version in a format specified by the department: (a) In January of each year, a report detailing planned reclamation activities the operator intends to complete in that calendar year. The plan shall document the extent of new surface disturbance, areas of the mining site that will be temporarily and permanently reclaimed during the year, site preparation activities, reclamation materials, including seed mixes, bare root stock and other materials, mining site maintenance activities, ongoing reclamation monitoring and test plot evaluation, and any other information specified by the department in the mining permit and reclamation plan approval.(b) By November 30 of each year, a report summarizing the extent of reclamation activities completed at the mining site during the calendar year. The report shall include descriptions, maps, and photographs documenting temporary and permanent reclamation and ongoing site maintenance activities that were completed during the year, a summary of reclamation monitoring results, an evaluation of completed reclamation as related to the reclamation success criteria specified in the approved reclamation plan, and an assessment of the effectiveness of specific reclamation activities conducted that year and recommendations for changes to specific reclamation protocols to consider for future work.(2) ANNUAL REPORT. By January 31 of each year, an operator of a permitted mining site shall submit an annual report to the department summarizing the extent of mining and other activities conducted at the mining site in the preceding calendar year. The operator shall provide the department with a quantity of paper copies specified by the department and shall provide a complete electronic version in a format specified by the department. The annual report shall include text, maps, tabular summaries and graphics as appropriate, documenting all of the following:(a) The extent of additional surface disturbance during the year and total acres of disturbed area on the mining site.(b) A summary of construction, mine development, and reclamation activities completed on the mining site.(c) The volume of material removed, stockpiled, or disposed of on the mining site including ore, concentrates, mining wastes by category, topsoil, merchantable by-product, and non-mining solid waste.(d) A summary of mine dewatering statistics including monthly pumping totals.(e) A summary of water treatment activities including monthly totals of water treated and discharged.(f) A summary of any incidents and related responses concerning spills, pond overflows, embankment failures or leakage, liner failures, pipeline failures or leaks, or other unforeseen environmental releases that occurred at the mining site.(g) A summary of any plan or permit modifications and any deviations from approved plans not subject to a modification.(h) A summary of environmental monitoring activities and results required under the approved monitoring plan, including an analysis of the data to determine the development of any observable trends and a comparison of the data to background values and predicted values, if predictive modeling or similar analyses were conducted as part of the mining permit review process.(i) A discussion of the extent of additional surface disturbance to be expected by the end of the next calendar year including estimates of the volumes of topsoil, ore, mining waste, merchantable by-products, and other materials to be removed.(j) An assessment of the adequacy of the amount of the financial surety posted under s. NR 132.116(1) considering the anticipated condition of the mining site at the end of the next calendar year, applicable provisions of the approved reclamation plan, any changes in reclamation costs or changes in state, federal or local regulatory requirements applicable to the mining operation. This analysis shall clearly identify the amount of financial security necessary to fulfill the reclamation plan relative to the mining site as it is projected to exist at the end of the calendar year.(3) PERMIT REVIEW. The department shall review the mining permit, mining plan, reclamation plan, and required financial securities annually after issuance of the mining permit, or as part of a review as provided in s. NR 132.117(3), to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit, and technological currency. The department shall provide its findings to the operator within 30 days after receipt of the annual report submitted under sub. (2). If the department, after review, determines that the plans should be modified or the bond amount changed, it shall notify the operator of the necessary modifications or changes and establish a schedule for submitting modified plans.Wis. Admin. Code Department of Natural Resources NR 132.119
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022