2019 Wisconsin Statutes & Annotations
Chapter 295. Nonmetallic mining reclamation; oil and gas; ferrous metallic mining.
295.47 Application for mining permit.
295.47 Application for mining permit.
(1)
(a) No person may engage in mining or reclamation at any mining site unless the mining site is covered by a mining permit and by written authorization to mine under s. 295.59 (3). An applicant shall submit an application for a mining permit to the department in writing and in reproducible form and shall provide the number of copies that are requested by the department. An application and a mining permit are required for each separate mining site. The applicant shall distribute copies of the application to the clerk of any city, village, town, or county with zoning jurisdiction over the proposed site, to the clerk of any city, village, town, or county within whose boundaries any portion of the proposed mining site is located, to the elected governing body of any federally recognized American Indian tribe or band with a reservation the boundaries of which are within 20 miles of the proposed site, and to the main public library of each city, village, town, or county with zoning jurisdiction over the proposed site or within whose boundaries any portion of the proposed site is located.
(am) For the purposes of s. 295.57 (7) (a), as part of the application for a mining permit, an applicant may specify a deadline for the department to act on the mining permit that is more than 420 days after the day on which the application is administratively complete under s. 295.57 (2).
(b) If a person proposes to conduct mining at a mining site that includes an abandoned mining site, the person shall include plans for reclamation of the abandoned mining site, or the portion of the abandoned mining site that is included in the mining site, in its mining plan and reclamation plan.
(2) As a part of each application for a mining permit, the applicant shall furnish all of the following:
(a) A mining plan under s. 295.48.
(b) A reclamation plan under s. 295.49.
(c) A mining waste site feasibility study and plan of operation under s. 295.51.
(e) The name and address of each owner of land within the mining site and each person known by the applicant to hold any option or lease on land within the mining site.
(f) A list of all mining permits in this state held by the applicant.
(g) Evidence the applicant has applied or will apply for necessary permits or other permissions under all applicable zoning ordinances and that the applicant has applied or will apply to the department for any approval and has applied or will apply for any other license or permit required under state law.
(h)
1. The information specified in subd. 2. concerning the occurrence of any of the following within 10 years before the application is submitted:
a. A forfeiture by the applicant, principal shareholder of the applicant, or a related person of a mining reclamation bond that was sufficient to cover all costs of reclamation and was posted in accordance with a permit or other approval for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted.
b. A felony conviction of the applicant, a related person, or an officer or director of the applicant for a violation of a law for the protection of the natural environment arising out of the operation of a mining site in the United States.
c. The bankruptcy or dissolution of the applicant or a related person that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law.
d. The permanent revocation of a mining permit or other mining approval issued to the applicant or a related person if the permit or other mining approval was revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law.
2. The applicant shall specify the name and address of the person involved in and the date and location of each occurrence described in subd. 1.
(i) A description of any land contiguous to the proposed mining site that the applicant owns or leases or has an option to purchase or lease.
(j) Any other pertinent information that the applicant believes may be useful to the department.
History: 2013 a. 1.
