2017 Wisconsin Statutes & Annotations
Chapter 293. Nonferrous metallic mining.
293.31 Preapplication notification; data collection.
293.31 Preapplication notification; data collection.
(1) At least 12 months before filing an application for a prospecting permit under s. 293.35 or a mining permit under s. 293.37, a person proposing to engage in a prospecting or mining project shall notify the department in writing of the intention to apply for a prospecting or mining permit. A person who intends to give notice of intent to apply for a prospecting or mining permit may, prior to obtaining, collecting, or generating environmental data intended to be used to support the permit application, submit to the department the methodology that the person intends to use in obtaining, collecting, or generating the data. The department shall review the proposed methodology and shall either inform the person that the proposed methodology will be accepted by the department or provide the person with the methodology that the department requires to be used. The department may assess the person submitting the proposed methodology a fee equal to the department's costs for reviewing the proposed methodology. If a person obtains, collects, or generates data or information intended to be used to support a prospecting or mining permit application without obtaining department approval of the person's methodology under sub. (4), the department may not exclude any of the data or information that consists of general environmental information such as soil characteristics, hydrologic conditions, and air and water data contained in publications, maps, documents, studies, reports, and similar sources, whether public or private, not prepared by or for the applicant.
Note: Section 293.31 (title) and (1) are shown as affected eff. 7-1-18 by 2017 Wis. Act 134. Prior 7-1-18 they read:
293.31 Data collection. (1) Any person intending to submit an application for a prospecting or mining permit shall notify the department prior to the collection of data or information intended to be used to support the permit application. Specific environmental data which would be pertinent to a specific prospecting or mining application, but which was obtained or collected or generated prior to the notice of intent to apply for a prospecting or mining permit, shall be submitted in writing to the department together with any substantiating background information which would assist the department in establishing the validity of the data. The department shall review the data and, if it concludes that the benefits of permitting the admission of the data outweigh the policy reasons for excluding it, and if the data is otherwise admissible, inform the person giving the notice of intent to prospect or mine that the data will be accepted by the department. Such exclusion shall not relate to general environmental information such as soil characteristics, hydrologic conditions and air and water data contained in publications, maps, documents, studies, reports and similar sources, whether public or private, not prepared by or for the applicant. Such exclusion shall likewise not relate to data which is otherwise admissible that is collected prior to notification under this subsection for purposes of evaluating another site or sites and which is not collected with intent to evade the provisions of this section.
(2) Upon receipt of notification under sub. (1), the department shall give public notice of the notification in the same manner as provided under s. 293.43 (2m) (b).
Note: Sub. (2) is shown as amended eff. 7-1-18 by 2017 Wis. Act 134. Prior to 7-1-18 it reads:
(3) The department shall also receive and consider any comments from interested persons received within 45 days after public notice is given under sub. (2) as to the information which they believe should be requested from the person giving notice of intent to apply for a prospecting or mining permit and the information which they believe the department should seek through independent studies. If the department holds a public informational hearing to receive comments from interested persons under this section, the hearing shall be completed within 45 days after public notice is given under sub. (2).
Note: Sub. (3) is shown as amended eff. 7-1-18 by 2017 Wis. Act 134. Prior to 7-1-18 it reads:
(4) No later than 90 days after the period for receiving and considering comments from interested persons under sub. (3), the department shall inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information that it then believes to be needed to support an application and, where applicable, the methodology to be used in gathering information. The department shall specifically inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information on the characteristics of groundwater resources in the area in which prospecting or mining is anticipated to occur which the department believes is needed to support an application, including the information that the department believes should be included in the applicant's environmental impact report and the information that the department will need to prepare an environmental impact statement. The department shall also inform the person giving notice of intent to apply for a prospecting or mining permit of the application date and other filing requirements for all other approvals, licenses, and permits relating to the proposed prospecting or mining project.
Note: Sub. (4) is shown as amended eff. 7-1-18 by 2017 Wis. Act 134. Prior to 7-1-18 it reads:
(4m) Before providing the information required under sub. (4), the department shall seek to enter into a memorandum of understanding with the applicant, the U.S. army corps of engineers, and any other federal regulatory agency with responsibilities related to the potential prospecting or mining operation to address sampling methodology and any other issue of mutual concern related to processing an application for a prospecting or mining permit. The memorandum may include an agreement between the department and the applicant relating to timelines, including timelines for the parties to conduct environmental studies and for granting or denying the prospecting or mining permit. The U.S. army corps of engineers, and any other federal agency that is a party to the memorandum, is not required to be a party to any agreement relating to timelines between the department and the applicant.
Note: Sub. (4m) is created eff. 7-1-18 by 2017 Wis. Act 134.
(5) The department may conduct studies necessary to verify information which may be submitted at the time of a permit application.
(6) All information gathered by a person giving notice under sub. (1) shall be submitted to the department as soon as it is in final form. The department may at any time after consultation with the person giving notice of intent to apply for a prospecting or mining permit revise or modify its requirements regarding information which must be gathered and submitted.
