DRAFT 2 January 28, 2005

[Notes]

Rule 202. (1) The environmental impact assessment required under Rule 201(1)(c) shall include, but is not limited to, an identification and description of the following:

(a) For each of the environmental conditions and natural and humanmade features listed in subrule (2):

(ii) An identification of the proposed mining activities that may impact the condition or feature, and the environmental pathway [is there a better term?] through which the impact may occur.

(iii) An evaluation of the potential impacts of the each proposed mining operation activity on those the conditions and or features.

(b) An evaluation of the potential cumulative impacts on each of the conditions or features listed in subrule (2) within the mining area and the affected area from all proposed mining activities and through all environmental pathways. The cumulative impact is the impact that results from the proposed mining activities when added to other past, present, and reasonably foreseeable future activities. [Note: this is from the CEQ NEPA regulations, 40 CFR Section 1508.7]

(a) Topography, drainage, soil type(s), and surficial and bedrock geology in the proposed mining area and within a radius of 1320 feet.

(b) Streams, lakes, floodplains, Great Lake shorelines, and wetlands in the proposed mining area and within a radius of 1320 feet.

(c) Residences within 1,000 feet of the mining area.

(d) Schools within 2,000 feet of the mining area.

(e) Commercial developments, public roads, power lines, and pipelines within 500 feet of the mining area.

(f) Areas actively maintained for public recreation within 1000 feet of the mining area. The following recreational resources as designated by state or federal statute, administrative rule, or other documented action: [From Wisconsin Administrative Code]

(g) Ownership patterns and Characterization of the sizes of tracts of land, existing land uses, land access, and land use trends in and adjacent to the mining area.

(h) Aquatic and terrestrial flora and fauna, and.

(i) Fish and wildlife habitats, in the proposed mining area and within a radius of 1000 feet.

(i) (j) Threatened or endangered plant or animal species in the proposed mining area and within a radius of 1320 feet.

(l) Ecological systems as identified in recognized published sources. [Can this be better-defined?]

(j) (m) Cultural, historical, or archaeological resources within 1000 feet of the mining area.

(k) (n) Existing background quality, temperature, and discharge rates of surface water within the proposed mining area and within a radius of 1,000 feet.

(l) (o) Existing background quality, temperature, level, and flow patterns of groundwater within the proposed mining area and within a radius of 1,000 feet.

(m) (p) Air quality within 1,000 feet of the mining area and the potential impact of the proposed mining operation.

(2) The environmental impact assessment shall include a determination as to the geographical extent of the affected area. If the affected area extends beyond a distance specified in subrule (1) for the respective natural and humanmade feature or environmental condition, the environmental impact assessment shall describe the potential impacts of the proposed mining operation on the environmental condition or natural or humanmade feature within the entire affected area.

Rule 204. (1) The hydrogeological report required under Rule 203 (2) shall describe the hydrogeologic conditions, including surface and groundwater conditions, within the mining area and the affected area. A hydrogeological report required by rules promulgated under another part of the act shall satisfy the requirements for a hydrogeological report under these rules to the extent that the hydrogeological report covers the area and activities as required under this part. The hydrogeological report shall:

(a) Define the aerial and vertical extent and physical properties of the site earth materials that assimilate and transmit water.

(b) Identify and describe all aquifers, and determine the groundwater flow direction, groundwater velocity, 3-dimensional flow path within the aquifer, interconnection between aquifers, and background and existing groundwater quality.

(c) Identify whether the proposed mining area will be located within an established designated wellhead protection area.

(d) Describe provisions for monitoring of groundwater and surface water quality, groundwater levels, and surface water stage and discharge rates, during mining operations and during the post-closure monitoring period.

(e) Describe provisions for abandoning wells and structures for monitoring groundwater and surface water upon termination of the post-closure monitoring period.

(2) The hydrogeological report shall identify and describe all proposed features within the mining area that could be potential sources of water contamination, including portals, shafts, underground mine excavations, surface pits, settling ponds, tailings disposal areas, ore and waste rock stockpiles, and beneficiation equipment, where leachable or reactive earth materials will be exposed to air or water or both due to the effects of mining activities, or where leachable or reactive earth materials will be deposited or stored.

(3) For all features identified under subrule (2), the hydrogeological report shall contain all of the following specific elements:

(a) Soil borings or other test methods to determine the composition of subsurface materials, locate usable aquifers, and determine the thickness of the usable aquifer. Soil boring logs shall contain all of the following information:

(i) Soil and rock descriptions.

(ii) Method of sampling.

(iii) Sample depth.

(iv) Date of boring.

(v) Water level measurements.

(vi) United States geological survey ground elevation.

(vii) Soil test data.

(b) If an aquifer is present, well and field testing data sufficient to determine all of the following:

(i) The groundwater flow direction, depth to groundwater, and existing groundwater quality of the aquifer.

(ii) Interconnections between the aquifers in the vicinity of the project location.

(iii) Horizontal hydraulic conductivity of the aquifer(s) in the project location to allow calculation of groundwater flow velocity.

(iv) The vertical gradients within the aquifer.

(c) Data indicating both of the following groundwater quality parameters at the site:

(i) Specific conductance as an indication of dissolved solids.

(ii) Concentration of all of the following substances for inorganic groundwater chemistry comparison of water quality:

(A) Cations of calcium, sodium, magnesium, potassium, and iron.

(B) Anions of chloride, sulfate, and bicarbonate.

(C) The pH.

(D) Any additional substances present or likely to be present.

(d) If groundwater on the site or adjacent to the site is contaminated so that either property is a facility as defined by part 201 of the act, and if the extent or magnitude of the contamination could be affected by the proposed mining activities, information as described in this subrule. If the contamination is on the site, then the hydrogeological report shall contain a delineation of the portion of the aquifer contaminated and a description of each substance that exceeds regulatory criteria. If contamination is on an adjacent property, then the hydrogeological report shall include notice that the contamination is known to exist. The department may require further information on the nature of contamination on the adjacent property if, as a result of other information in the hydrogeological report, the department determines there is a significant likelihood that the extent or magnitude of that contamination could be affected by the proposed mine site.

(e) Supporting information, including all of the following information:

(i) A general description of the geology of the surrounding area and how it relates to the geology and hydrogeology of the proposed mine site, including formations used as water supplies in the area.

(ii) A narrative description of the hydrogeologic data collected and interpretation of the data as it relates to satisfying the requirements of this rule.

(iii) Cross sections showing a 2-dimensional representation of the geology of the site sufficient to reflect the site geology and hydrogeology.

(iv) A map of the site, drawn to scale with a north arrow, which indicates the surveyed locations of soil borings, observation and monitor wells, and test pits and other areas of physical testing and which has a groundwater contour overlay that indicates groundwater flow direction with a maximum contour interval of 1 foot. The top of well casings shall be surveyed and referenced to United States geological survey data accurate to 0.01 foot.

(v) A map of the surrounding area that shows the direction of surface drainage and all of the following within ½ mile of the mining area:

(A) Representative private water supply wells.

(B) All municipal water supply wells.

(C) Irrigation and disposal wells.

(D) Lakes.

(E) Ponds.

(F) Streams.

(G) Springs.

(H) Wetlands.

(vi) Information describing all pertinent current and historical land use practices at the proposed mine site and at properties adjacent to the proposed

(4) Before initiating a hydrogeological report the applicant may submit to the department a work plan for the development of the hydrogeological report.

(a) The department shall approve, or recommend modifications to, the work plan within 45 calendar days of its receipt. If the applicant does not receive a written approval or recommendation within 45 calendar days of receipt by the department, then the work plan shall be considered approved.

(b) A work plan shall contain all of the following information:

(i) A map indicating the surface geology of the area with the proposed mine site.

(ii) A map indicating the topography of the area within the proposed mining area.

(iii) Logs of domestic wells within 1/2 mile in all directions from the proposed mine site. A map shall be provided that correlates each well log to a specific map location.

(iv) A map delineating an established or proposed designated wellhead protection area that may be affected by proposed mine site.

(v) For all proposed observation wells to be drilled on-site, all of the following information:

(A) Number of wells.

(B) Location.

(C) Depth.

(D) Drilling method.

(E) Well construction materials.

(F) Well development method.

(vi) For all proposed soil borings on-site, all of the following information:

(A) Number of soil borings.

(B) Location.

(C) Depth.

(D) Drilling and plugging method.

(vii) A description of all physical testing to be done to identify soil properties and aquifer characteristics and locations where testing is to occur.

(viii) A groundwater sampling and analysis plan. If a map is required, it shall be drawn to scale and have a north orientation arrow.

(c) If conditions not anticipated in an approved work plan are encountered in the field while collecting information for the hydrogeological report, then the person collecting the information shall contact the department to obtain approval of the changes necessary to the original work plan. Modifications may be approved verbally by the department. Written confirmation of all changes shall be provided by the applicant within 10 working days of verbal approval by the department.