Section 131.07. Prospecting plan.

  The prospecting plan shall include the following:

(1)  A detailed map of the proposed prospecting site in accordance with s. 293.35 (1) , Stats.

(2)  Details of the nature, extent and final configuration of the proposed excavation and project site including location and total production of refuse, and nature and depth of overburden.

(3)  Details of the proposed operating procedures which may be furnished by reference to documents submitted pursuant to ch. NR 182 including:

(a) Prospecting operating sequence.

(b) Handling of overburden materials.

(c) Prospecting waste production, loading, transportation, storage and final disposition.

(d) Bulk sample production, loading, transportation, storage and final disposition.

(e) Ground and surface water management techniques including provisions for erosion prevention and drainage control and a detailed water management plan showing source, flow paths and rates, storage volumes and release points.

(f) Plans for collection, treatment and discharge of any water resulting from the operation.

(g) Plans for air quality protection pursuant to ch. 285 , Stats.

(h) The applicant shall prepare a risk assessment of possible accidental health and environmental hazards potentially associated with the prospecting operation. Contingency measures with respect to these risks and hazards, and the assumption in this assessment, shall be explicitly stated.

(i) Measures for notifying the public and responsible governmental agencies of potentially hazardous conditions including the movement or accumulation of toxic wastes in ground and surface water, soils, and vegetation and other consequences of the operation of importance to public health, safety and welfare.

(j) Description of all surface facilities associated with the prospecting site.

(k) Description of all geological/geotechnical investigations and drilling programs.

(4)  Evidence satisfactory to the department that the proposed prospecting operation will be consistent with the reclamation plan and will comply with the following minimum standards:

(a) Grading and stabilization of excavation, sides, and benches to conform with state and federal environmental and safety requirements and to prevent erosion and environmental pollution.

(b) Grading and stabilization of deposits of refuse in conformance with state and federal safety and environmental requirements and solid waste laws and regulations.

(c) Stabilization of merchantable by-products.

(d) Adequate diversion and drainage of water from the prospecting site to prevent erosion and contamination of surface and groundwaters.

(e) Backfilling of excavations where such procedure will not interfere with the prospecting operation.

(f) Handling and storage of all materials on the prospecting site in an environmentally sound manner as determined by the department. Materials not licensed pursuant to ch. NR 182 but deemed by the department to present a potential threat to the environment shall be subject to the waste characterization analysis procedure set forth in s. NR 182.08 (2) (b) .

(g) Removal and stockpiling, or other measures to protect topsoils consistent with environmental considerations and reclamation, prior to prospecting, unless the department determines that such actions will be environmentally undesirable.

(h) Maintenance of adequate vegetative cover where feasible to prevent erosion.

(i) Impoundment of water where necessary in a safe and environmentally acceptable manner.

(j) Adequate planning of the site to achieve the aesthetic standards for the prospecting site described in ss. NR 131.17 and 131.18 (1) (e) .

(k) Identification and prevention of pollution as defined in s. 281.01 (10) , Stats., resulting from leaching of waste materials in accordance with state and federal solid waste laws and regulations.

(L) Identification and prevention of significant environmental pollution as defined in s. 283.01 (6m) , Stats.

(m) Maintenance of appropriate emergency procedures to minimize damage to public health, safety, welfare and the environment from events described under sub. (3) (h) .

(5)  Submission of a plan for a preblasting survey. This survey shall be completed and submitted to the department prior to any blasting.

Cr. Register, August, 1982, No. 320 , eff. 9-1-82; corrections in (1), (3) (g), (4) (j), (k), (L) made under s. 13.92 (4) (b) 7. , Stats., Register March 2011 No. 663 .