Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management
Section NR 182.105 - Location criteria
Current through August 26, 2024
No person may establish, construct, operate, maintain, or permit the use of property for a nonferrous mining waste facility within any of the following areas, except pursuant to an exemption granted under s. NR 182.119:
(1) Within areas identified as unsuitable in s. 293.01(28), Stats., and in s. NR 131.103 or 132.103(27). In addition to the areas specified in s. 293.01(28) (a), Stats., the presence of endangered and threatened species as designated by the department under s. 29.604, Stats., shall be considered.
(2) Within 1,000 feet of any navigable lake, pond, or flowage.
(3) Within 300 feet of a navigable river or stream.
(4) Within a floodplain.
(5) Except when the site is screened by natural objects, plantings, fences, or other appropriate means so as to be as aesthetically pleasing and inconspicuous as is feasible, within 1,000 feet of the nearest edge of the right-of-way of any of the following:
(6) Within 1,200 feet of any public or private water supply well.
(7) Within an area that contains known mineral resources at the time of initial application that are likely to be mined in the future and lie within 1,000 feet of the surface.
(8) Within 200 feet of a fault that has had displacement in Holocene time.
(9) Within seismic impact zones.
(10) Within unstable areas.
(11) Within 200 feet of the property line.
(12) Within an area where the department, after investigation, finds that there is a reasonable probability that disposal of mining waste within such an area will result in a violation of applicable surface water quality criteria and standards as specified in chs. NR 102 to 104.
(13) Within an area where the department finds, after investigation, there is a reasonable probability that disposal of mining waste within such an area will cause groundwater quality enforcement standards to be attained or exceeded beyond the design management zone specified in s. NR 182.107.
(14) Within wetlands, except pursuant to the provisions under s. 281.36, Stats.