2019 Wisconsin Statutes & Annotations
Chapter 295. Nonmetallic mining reclamation; oil and gas; ferrous metallic mining.
295.465 Preapplication notification.
295.465 Preapplication notification.
(1) Except as provided in sub. (3), at least 12 months before filing an application for a mining permit under s. 295.47, a person proposing to engage in a mining project shall notify the department and the U.S. army corps of engineers in writing of the intention to file an application for a mining permit. After receiving the notification, the department shall hold at least one meeting with the person to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:
(a) The approvals, including the filing requirements for the approvals, that the person may be required to obtain for the mining project.
(b) The requirements for submission of an environmental impact report and for submission of any other information required by the department to prepare an environmental impact statement under s. 295.53.
(c) The information the department will require to enable the department to process the application for the mining permit in a timely manner.
(2) Within 60 days of a meeting under sub. (1), the department shall provide all of the following to the person:
(a) A detailed written summary of the requirements under sub. (1) (a) to (c).
(b) Any available information relevant to the potential impacts of the mining project on rare, threatened, or endangered species and historic or cultural resources and any other information relevant to potential impacts that may occur from the project that are required to be considered under s. 1.11.
(c) Available information to evaluate the environmental impact of the project and to expedite the preparation of the environmental impact report and the environmental impact statement, including information concerning preliminary environmental reviews, field studies, and investigations; monitoring programs to establish baseline water quality; laboratory studies and investigations; advisory services; and the timing and the processes associated with any necessary consultations with other state or federal agencies and within the department, such as those required for endangered resources and cultural resource consultations and approvals.
(3) A person who files an application under s. 295.47 for a mining proposal is not required to provide notice under sub. (1) if the person files the application no more than one year after the department denied the person's application for the same mining proposal.
(4) After providing notice to the U.S. army corps of engineers under sub. (1), a person shall make a good faith effort to meet with the U.S. army corps of engineers to discuss the mining project, the environmental impact report, and information related to federal requirements that may be applicable to the mining project.
(5) After receiving notice under sub. (1), the department shall seek to enter into a memorandum of understanding with any federal regulatory agency with responsibilities related to the potential mining operation covering timelines, sampling metrology, and any other issue of mutual concern related to processing an application for a mining permit.
History: 2013 a. 1; 2015 a. 196.
