Section 131.10. Denial.

 

(1)  The department shall deny a prospecting permit if it finds any of the following:

(a) The prospecting site is unsuitable for prospecting.

(b) The prospecting site is unsuitable for surface mining absent a certification not to surface mine.

(c) The prospecting plan and the reclamation plan will not comply with the minimum standards for prospecting and reclamation as provided in ss. NR 131.07 and 131.08 .

(d) The applicant is in violation of ch. 293 , Stats. , and the provisions of this chapter.

(e) The applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state.

(f) Any officer or director of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40% interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state.

(g) The proposed prospecting operation may reasonably be expected to create any of the following situations:

1. Landslides or substantial deposition from the proposed operation in stream or lake beds which cannot be feasibly prevented.

2. Significant surface subsidence which cannot be reclaimed because of the geologic characteristics present at the proposed site.

3. Hazards resulting in irreparable damage to any of the following, which cannot be prevented under the requirements of ch. 293 , Stats. , avoided to the extent applicable by removal from the area of hazard or mitigated by purchase or by obtaining the consent of the owner:

a. Dwelling houses.

b. Public buildings.

c. Schools.

d. Churches.

e. Cemeteries.

f. Commercial or institutional buildings.

g. Public roads.

h. Other public property designated by the department.

4. Irreparable environmental damage to lake or stream bodies despite adherence to the requirements of ch. 293 , Stats. This subdivision does not apply to an activity which the department has authorized pursuant to statute, except that the destruction or filling in of a lake bed shall be authorized notwithstanding any other provision of the law.

(2)  If an application for a prospecting permit is denied, the department, within 30 days from date of application denial, shall furnish the operator in writing the reasons for the denial.

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