Section NR 182.109 - Plan of operation(1) No person may establish or construct a mining waste site or expand an existing mining waste site until a plan of operation has been submitted to the department in accordance with this section and approved in writing by the department. No person may establish, construct, operate, maintain, close, provide long-term care for, or terminate a mining waste facility except in accordance with the approved plan of operation. The plan of operation shall be prepared and submitted to the department in accordance with s. NR 182.104. The plan of operation 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. For new facilities on permitted mining or prospecting sites, a person may submit a plan of operation with the feasibility report or at any time after the feasibility report is submitted. No person may submit a plan of operation for a facility prior to the time the person submits a feasibility report to the department for that facility. If the proposed waste site is a surface mine backfilled with mining waste, a person may satisfy the requirements for submitting the plan of operation under this section by including the information required by this section in the mining permit application submitted to the department under ch. NR 132 and issuance by the department of the mining permit shall constitute approval of the plan of operation requirements.(2) All plans of operation for waste sites shall be consistent with the feasibility report and mining permit application for the waste site and shall contain detailed plans and specifications necessary for the construction, operation, closure, long-term care and termination of the project. All information shall be presented in a clear and understandable manner. The plan of operation shall contain all of the following information:(a) A set of engineering plans drawn on standard 24-inch by 36-inch plan sheets. If facility details cannot be shown on standard plan sheets at a 1:100 scale, the engineering plans may be drawn on 30-inch by 42-inch plan sheets. All plan sheets except the title sheet, existing conditions sheet, cross-sections, and details sheets shall utilize the existing conditions sheet as a base map. For complex plans, existing conditions within the mining waste facility area may be shown by lighter lines or may be eliminated. All plan sheets shall also be submitted in digital form using appropriate geographic information system format. The engineering plans shall include all of the following: 1. A title sheet that indicates the project title, who prepared the plans, the date the plans were prepared, the applicant for whom the plans were prepared, a table of contents, a map showing the location of the facility relative to the other mining project facilities, the location of the facility within the county or multicounty area, and the location of the county or multicounty area within the state.2. An existing conditions plan consisting of a detailed topographic map of the proposed facility and all areas within 1,500 feet of the proposed limits of filling prior to development. The minimum scale shall be 1" = 200 feet with a maximum 2-foot contour interval. The contour interval selected shall be sufficiently small to clearly show surface water flow patterns within and around the facility. All elevations shall be related to USGS datum. The existing conditions plan shall identify and define all of the following:a. The surface waters including intermittent and ephemeral streams and wetlands.b. The property boundaries, the proposed waste facility boundary, and the proposed limits of filling.c. A north arrow, mining waste facility survey grid, a formula for converting grid locations to the state plane coordinate system, and the locations of all existing and proposed survey monuments.d. Any nearby residential and commercial structures and other buildings.e. The locations of all soil borings, all existing and abandoned groundwater monitoring wells, all public and private water supply wells, and the general locations of all known septic system drain fields within 1,000 feet of the mining waste facility or within 500 feet of any monitoring well.f. Any utility lines, underground pipelines and electrical lines, access control, and other constructed topographic and drainage features.3. Plan sheets that depict the sub-base grades, all sub-base appurtenances, such as lysimeters or drain pipes, and the base grades.4. Separate plan sheets that depict the overall mining waste facility area and the limits of liner construction and filling. The plan sheets shall depict the layout and slope of the liner system and leachate collection system including pipes, sumps, riser pipes on interior sideslopes, manholes, trenches, berms, lift stations, permanent storm water control structures, pipe cleanouts, and other pertinent structures. Invert elevations shall be provided at any changes in grade for all leachate and groundwater collection and transfer systems.5. A series of phasing plan sheets that show facility development through time. The location of peripheral features such as support buildings, access roads, drainage ditches, sedimentation basins, any other storm water management features, and screening berms shall be indicated on this plan. At a minimum, the engineering plan shall provide a separate plan sheet for initial construction and for each subsequent phase of development or new area where substantial construction is to be performed. These subsequent phasing plan sheets shall present the final filling surfaces in the previous phases of development; the limits of clearing, grubbing, and topsoil removal; the base grades of the new phase of filling; the anticipated surface contours of soil stockpiles at the time depicted on the plan sheet; and storm water management features. Each plan shall include a list of construction items and quantities necessary to prepare the phase of development indicated on the plan.6. Plan sheets that depict the features to be constructed for storm water management at the time of initial construction, during phased development, and after closure of the mining waste facility. Plan sheets shall include the locations of sediment basins, drainage ditches, auxiliary sediment traps, and the anticipated extent of cleared ground and stockpiles during each major phase of facility development. Plan sheets shall include a list of anticipated actions and materials needed for sediment and erosion control.7. A final waste grades plan sheet that indicates waste final grades. The engineering plan shall include a final topography plan sheet to indicate the condition of the entire facility following closure including storm water drainage features and the location of all other penetrations of the final cover, if applicable.8. A facility monitoring plan that shows the location of the design management zone as determined under s. NR 182.107 and all devices for the monitoring of leachate quality and quantity, unsaturated zone water quality and flow rate, groundwater quality, storm water quality, and surface settlement.9. A long-term care plan sheet that shows the topography of site at the completion of closure. This plan sheet shall include a table identifying those items anticipated to be performed during the period of long-term care for the site including the proposed schedule for monitoring and maintenance of the facility. The applicant may include the information in this subdivision in the final site topography plan sheet if clarity is not compromised, or reference may be made to the appropriate section of the operations manual and design report.10. Detailed plan review sheets that show a minimum of 2 cross-sections in each direction drawn perpendicular and parallel to the facility baseline through the major dimensions of the facility. The applicant shall illustrate the location of the cross-sections using a reduced scale plan view on each cross-section. Each combined engineering and geologic cross-section shall show all of the following: b. Sub-base, base, top of leachate collection blanket grades, and final grades.c. Soil borings and monitoring wells that the depicted cross-section passes through or that are adjacent to the cross-section.d. Soil and bedrock types. For clarity, a number or symbol shall be used to label major soil units instead of extensive shading.e. Stabilized water table contours.f. Leachate collection and monitoring systems.g. Limits of waste filling.h. Erosion, storm water, and sediment control structures.i. Access roads and ramps on the perimeter of the disposal area and within the active fill area.j. Filling sequence or phasing interfaces and other facility features.k. Important construction features of the liner, final cover, lysimeters, leachate collection trenches and sumps, liner penetrations, sideslope risers, and drainage systems for storm water.11. Drawings showing details and typical cross-sections for all of the following: a. Storm water control structures.d. Final cover and base liner systems.e. Leachate collection system components, including pipe bedding, manholes, transfer lines, force mains, and storage tanks.f. Leachate transfer lines that extend through the liner.g. Groundwater and unsaturated zone monitoring devices.(b) An operations manual and design report consisting of all of the following information: 1. A table of contents that outlines, by section title and page number, the discussion required in this section.2. General information that identifies all of the following:a. The name of the facility.b. The registered professional engineer who prepared the plans.c. The facility owner, licensee, and operator.d. The location by quarter-quarter section.e. The proposed limits of filling.f. The anticipated life and approximate closure date.g. The disposal capacity.h. The waste tonnages and corresponding volumes.i. The waste types and quantities to be disposed.j. Any exemptions requested from the department.3. A discussion of the considerations and rationale behind design of the major engineering features of the facility. As appropriate for the specific facility design, the discussion shall include base grade configuration and relationship to subsurface conditions, liner design, phases of facility development and closure, traffic routing, storm water management, erosion, and sediment control measures, final cover systems, and monitoring systems. Specific attention shall be given to sidewall penetrations, sideslope riser and sump area volumes and construction, and piping located outside of the limits of filling. In addressing each of the above design items, the report shall indicate how the anticipated waste types and characteristics influenced the chosen design.4. A discussion of all of the following:a. Initial site preparations and construction methods relating to clearing and grubbing, topsoil stripping, and other excavations.b. Soil storage and visual screening development.c. Storm water control features.d. Base liner and granular drainage layers.e. Leachate collection systems.f. Access roads and entrance area screening and fencing.g. Environmental monitoring device installation.h. Other special design features.5. A certification plan for initial site preparations that specifies a schedule of field measurements, photographs to be taken, sampling and testing procedures to be utilized to verify that the in-field conditions encountered were the same as those defined in the feasibility report and that documents that the site was constructed according to the engineering plans and specifications.6. A description of storm water management at the time of initial construction, during phased development, and after closure of the mining waste facility that includes all of the following: a. A narrative demonstrating compliance with s. NR 182.106(3).b. A detailed description of temporary and permanent erosion and sediment control measures to be used to accomplish the concepts in s. NR 182.106(3).c. The specifications for the design of sediment basins, culverts, drainage ditches, auxiliary sediment traps, and the anticipated extent of cleared ground and stockpiles during each major phase of facility development.d. A maintenance and follow-up program designed to ensure compliance with the concepts in s. NR 182.106(3) following initial implementation.e. The tentative schedules for the following activities: cleaning sediment basins and ditches; seeding and stabilization of stockpiles and drainage channels; and topsoil placement, seeding, and stabilization of disturbed areas and areas affected by erosion.7. A summary of soil testing protocols and soil specification related to facility construction that includes all of the following:a. The proposed testing schedule to document the placement of all general soil fill and backfill, base liner, final cover layers and all venting or drainage layers used in any phase of development or closure. The report shall contain an explicit statement and description of testing methods.b. The proposed gradations of soil materials and the proposed size of the perforations used in leachate collection system piping and the drainage layer in the final cover system. The report shall include an analysis of the pipe and soil materials to demonstrate whether the gradation of sand and gravel and the pipe opening sizes are stable and self-filtering. The report shall describe the use of filter layers or other mechanisms used to maintain the porosity in the leachate collection blanket, collection trenches and sumps.8. A proposed program to monitor the volume and quality of groundwater, surface water, unsaturated zone, and leachate. The proposed monitoring program shall include a table listing frequencies of sampling, parameters to be analyzed, and a schedule for the anticipated installation or abandonment of sampling points. The table shall indicate existing and proposed sampling points and devices and the anticipated periods during which the points and devices will be monitored before mining waste facility development, during each major phase of facility development, and during the period of long-term care.8m. A list of all groundwater elevation data collected from all groundwater sampling points subsequent to preparation of the feasibility report.9. A description of typical daily operations including all of the following: a. Discussion of the timetable for the construction of each phase of liner or final cover.b. Waste types accepted or excluded.c. Typical waste handling techniques and methods for handling unusual waste types.f. Storm water management.g. Sediment and erosion control.h. Windy, wet, and cold weather disposal operations.i. Anticipated staffing requirements.k. Leachate removal procedures.10. A description of the mining waste facility operations and the development of subsequent phases. A description required under this subdivision shall define the critical stage of waste disposal for each phase as it relates to the start of construction of subsequent phases. The purpose of this planning is to ensure that the scheduling of future construction takes into account the length of the construction season, limitations imposed by weather and season, and the capacity remaining in existing phases such that an orderly transition is maintained. The report shall describe the anticipated construction in each phase for storm water management, monitoring, abandonment of fill areas, and the installation and maintenance of leachate control structures.11. A description of facility operations, actions taken when phases of the facility reach final waste grades, and closure of phases at final waste grades. The report shall include a discussion of the anticipated sequence of the required events for closure of the facility and a discussion of those actions necessary to prepare the facility for long-term care and final use.12. A proposed long-term care schedule that describes the procedures to be utilized for the inspection and maintenance of cover vegetation, storm water control structures, refuse or ground surface settlement or siltation, erosion damage, leachate control features, leachate and groundwater monitoring, and other long-term care needs. The report shall include a final use plan for the facility and shall be consistent with the reclamation plan submitted under ch. NR 131 or 132.13. The specifications for construction, operation, and closure of the facility. These specifications shall include detailed instructions to the operator and any contractors for all aspects of construction and operation. References to specifications on the plan sheets shall be described. The specifications under this subdivision may include information such as geosynthetic material installation instructions, tank manufacturer installation instructions and pump performance criteria, materials, and construction methods for sideslope risers, sidewall penetrations, sump areas, and all piping located outside the limits of filling.14. All design calculations and an explanation of those calculations that will facilitate department review, including a discussion of all calculations, such as base liner and final covering soils materials needs related to available borrow soil volumes, stockpile sizing estimates, required interface shear strength, and shear strength of the soil materials where the interfaces evaluated include the upper and lower interfaces for all geosynthetics such as geomembranes, geotextiles, and geosynthetic clay liners, design of the storm water management system, infiltration and leachate collection, and leakage volumes. All calculations shall be summarized with the detailed equations presented in the appendix of the report. References to the appropriate plan sheets from which variables are obtained for these calculations shall be included in these summaries.15. A slope stability analysis of any mining waste facility dams and embankments taking into consideration all of the following:a. Geology of the mining waste facility including type and homogeneity of the foundation.b. Materials and methods to be used for embankment construction.c. Engineering modifications to be included in the design and interim and final waste slopes for all waste facilities, incorporating in-field waste densities, settlement, leachate recirculation, precipitation, and any other factors that affect strength of waste or final cover. The analyses shall include interior slopes between filling phases and exterior slopes after attainment of waste final grades.d. Haul roads and access ramps on interim slopes at waste final grades and on final cover, including passive load of cover soils and dynamic loads due to construction, hauling, and maintenance vehicles.e. Physical and chemical characteristics of the waste as deposited and predicted changes through time.f. Endangerment to human safety.g. Potential area to be affected in case of failure, considering land use and the surrounding environment.h. Any applicable requirements specified under federal mine safety regulations.16. A detailed analysis of the costs associated with closure of the facility and the cost of completing all tasks related to long term care of the facility for each year of the long-term care period. All assumptions used in developing the cost estimates shall be listed, including sources of the cost estimates and rationale for the selected cost factors. The anticipated operating life and replacement schedule of all engineering design features shall be addressed and reflected in the cost estimates. The analysis shall specify the proposed methods of establishing proof of financial responsibility required under s. 289.41, Stats.17. An analysis of the reasonably anticipated costs during the period between 40 and 250 years after closure of the mining waste facility to repair or replace any engineered cover systems or tailings water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences. The report shall list all assumptions used in developing the cost estimates, including sources of the cost estimates and rationale for the selected cost factors. The anticipated operating life and replacement schedule of all engineering design features shall be addressed and reflected in the cost estimate. The analysis shall specify the proposed methods of establishing proof of financial responsibility required under s. 293.51(1r), Stats.18. An appendix that includes lists of the references used and includes any additional data not previously presented, supplemental design calculations, material specifications, operating agreements, such as draft leachate treatment agreements or signed soil borrow agreements, documents related to long-term care funding, and other appropriate information.(c) For a plan of operation for any facility that includes a composite liner or composite capping layer or that utilizes a geomembrane for a liner or utilizes a geomembrane or geomembrane-GCL for a capping layer, all of the following design details and specifications for the geosynthetic components together with any additional requirements specified by the department for other geosynthetic materials used in significant structural features of the mining waste facility: 1. A description of the proposed geomembranes, GCLs and other geosynthetics to be used in construction of the facility, including resins and additives, physical properties, bentonite characteristics, chemical resistance properties and potential suppliers. For GCLs, this shall include identification of the geotextile properties and reinforcement.2. The design calculations that demonstrate the stability of the facility and its components against failure along potential failure surfaces, such as the leachate collection system and final cover, during operations as well as after closure. Potential failure surfaces considered shall include the interfaces both below and above the geomembrane in the liner and final cover. Potential failure scenarios considered shall include both saturated and unsaturated conditions for the cover. The design calculations may use typical data or specifications from technical literature rather than values from testing of site-specific materials if the sources of the typical data or specifications and the test methods used to generate the data or specifications are cited with the calculations and a safety factor of at least 1.3 is used to assess stability.3. The construction methods and supervisory controls for preparing the surface of the topmost lift of compacted clay prior to the installation of a geomembrane or soil barrier layer prior to installation of a GCL. The plan of operation shall propose inspection methods and removal of coarse gravel or cobbles after rolling the topmost lift of compacted clay or soil barrier layer to achieve a smooth surface.4. A description of all of the following: a. The measures to be taken to store and protect all geomembranes, GCLs, and geocomposite drains.b. The measures to transport geomembrane, GCL, and geocomposite drain panels from storage to the working area.c. The construction methods to be used to place geomembrane, GCL, and geocomposite drain panels.5. The proposed orientation of all geomembrane and GCL panels for the facility liner and capping layer in relation to slope, collection trenches, penetrations, anchor trench and phase boundaries, seaming methods, and phased construction.6. The design details of geomembrane and GCL seams and seaming methods, anchor trenches, patches, collars for all penetrations, installation in corners, and leachate collection trenches. The plan of operation shall describe acceptable working conditions for geomembrane, GCL and geocomposite drain installation, installation instructions for working under weather variations and extremes, and criteria for halting or limiting GCL and geomembrane installation.7. The proposed methods for testing welds or other joining methods for geomembranes and other components or penetrations if geomembranes used in previously constructed phases are obtained from different manufacturers or are made from different resins. The plan of operation shall also include measures to preserve the edges of geomembranes and GCLs to be joined to future phases and describe measures to repair all geomembrane, GCL and geocomposite drain defects, unacceptable wrinkling, and unacceptable seams.8. The construction methods for placing the leachate collection system, sump backfill, and sideslope riser over the composite liner; placement of the first 10 feet of waste materials over the leachate collection system; and placing the subsurface drain layer and rooting zone soils over the composite cap. The measures under this subdivision shall assure that the geomembrane and GCLs are not damaged by construction of soil layers, placement or compaction of wastes, waste consolidation, or mass movements or puncturing of the geomembrane.9. A construction quality control plan that will be followed by all contractors preparing the surface of the compacted clay liner or soil barrier layer, constructing the geomembrane liner, or placing drainage blanket. The construction quality control plan shall describe how progress in construction, as well as any variations from the approved plans, will be recorded and reported. The construction quality control plan shall include means for determining and documenting all of the following: a. Receipt of the proper geomembrane, GCL, and geocomposite drain material.b. Acceptable subgrade and weather conditions for work to occur.c. Seamer qualifications and procedures for trial seams.d. Acceptability of test welds and machine settings.e. Acceptable seaming practices.f. Achieved seam quality and procedures for dealing with failing tests.h. Sealing of geomembrane penetrations.10. A construction quality assurance plan that will be followed by the registered professional engineer and qualified technician responsible for evaluating the construction and ensuring that the fabrication and installation meet design specifications. The construction quality assurance plan shall include continuous observation of all aspects of geomembrane, GCL, and geocomposite drain installation activities by qualified engineers or technicians. The construction quality assurance plan applicable to liner and cover system components shall include use of nondestructive and destructive testing of seams and samples and shall follow a schedule of tests and associated frequencies in a manner that is consistent with the requirements of s. NR 516.07. The construction quality assurance plan shall include proposed methods of verifying the acceptability of the prepared subgrade, repairs, patches, penetrations, seams, and adaptations by the owner and contractors to unforeseen conditions.11. A construction quality assurance plan for conducting a leak location survey on the installed geomembrane. The leak location survey shall be conducted after placement of the leachate collection layer for a composite liner. The quality assurance plan shall include continuous observation of all aspects of the leak location survey testing by qualified professional engineers or technicians. The quality assurance plan shall include use of nondestructive methods to detect, locate, and verify repairs of defects in geomembrane. The quality assurance plan may include electrical resistivity testing or other testing methods acceptable to the department.(d) A contingency plan to prevent or minimize human health and environmental impacts in the event of an accidental or emergency discharge or other condition not anticipated in the feasibility report or plan of operation that does not comply with license conditions or other applicable standards. As a minimum, the contingency plan shall do all of the following: 1. Follow the provisions of 33 USC 1251 et seq. related to spill prevention, control and counter-measures plan, as applicable.2. Incorporate the requirements specified in s. NR 182.107(1s) related to evaluation of groundwater monitoring results.3. For the various monitoring programs required by this chapter, indicate threshold levels that, if exceeded, trigger implementation of the contingency plan.4. Include a provision for additional monitoring locations, more frequent monitoring, additional sampling parameters, or other types of monitoring in the area of any excessive measurement.5. Describe possible accidental or emergency discharges or other unplanned events and identify the corresponding corrective action or alternative action to be implemented if the criteria for action are exceeded.6. Identify the time necessary for successful completion of each of the identified actions.7. Provide for revisions in cases of changed circumstances, changed regulations, or failure of the plan to be adequate in an emergency.(e) Proof that a notation of the existence of the facility has been recorded in the office of the register of deeds in each county in which a portion of the facility is located. Owners of facilities applying for re-licensure need only submit this proof if the legal description of the facility has changed from that identified previously.(3)(a) The department shall review a plan of operation submitted under this chapter in accordance with the time limitations specified in ss. 293.40 and 293.495, Stats.(b) The department may not approve or disapprove a plan of operation unless the applicant has obtained a favorable determination of feasibility for the mining waste facility. The department shall either approve or disapprove the plan of operation in writing within the time limits specified in s. 293.40 or 293.495, Stats., or within 60 days after the department issues a determination of feasibility if the determination is not issued as part of its decision following the hearing held under s. 293.43, Stats.Wis. Admin. Code Department of Natural Resources NR 182.109
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (d) 1. made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022