Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management
Section NR 182.108 - Feasibility report
Universal Citation: WI Admin Code ยง NR 182.108
Current through August 26, 2024
(1) An applicant is encouraged to contact the department during the early stages of project planning and development to determine what permits and approvals may be required and to assure that submissions are consistent with department requirements.
(2) No person may establish or construct a mining waste site or expand an existing mining waste site without first obtaining approval of a feasibility report and a plan of operation from the department. The purpose of the feasibility report is to determine whether the site may be approved for the purpose intended and to identify any conditions that must be included in the plan of operation and in the license issued under this chapter. The feasibility report shall be prepared and submitted to the department in accordance with s. NR 182.104. The feasibility report shall be submitted at the same time as the permit application and plans submitted under ch. NR 131 or 132 and shall be consistent with the applications and plans submitted under ch. NR 131 or 132. If the proposed mining waste site is a surface mine backfilled with mining waste, the feasibility report submittal provisions of this section may be satisfied by including the information required by this section in the mining permit application submitted under ch. NR 132 and issuance of the mining permit shall constitute approval of the feasibility report and favorable determination of site feasibility. The amount of regional and site-specific information and data required for each waste site may vary and shall be based on results of the waste characterization studies, but shall, at a minimum, contain the items in subs. (3) to (13), unless such information is contained in the submittal of documents required under ch. NR 131, 132, or 150 or s. 23.11(5), Stats.
(3) The feasibility report shall contain a general overview of the proposed mining waste facility that includes all of the following:
(a) The project
title.
(b) The name, address and
phone number of the person who has been designated by the applicant as the
primary contact for departmental correspondence.
(c) The owner of the proposed
facility.
(d) The location of the
proposed facility.
(e) The proposed
licensed acreage of the proposed facility.
(f) The proposed facility life and range of
disposal capacity of the proposed facility.
(g) The estimated waste types and quantities
to be contained in the proposed facility.
(4) The feasibility report shall include discussion of waste characterization studies and analysis of all mining wastes that may be disposed of or stored in the mining waste site. Waste characterization studies shall be conducted in accordance with all of the following:
(a) Waste characterization and
analysis shall identify the characteristics of the wastes necessary to enable
the applicant to comply with the requirements of these regulations. The waste
characterization shall include an evaluation of the quantities, variability,
and physical, radiologic, and chemical properties of each waste type at a level
of detail necessary to support predictive modeling and assessment of potential
environmental impacts related to waste handling, storage, and disposal that is
sufficient to allow the department to evaluate the effectiveness of facility
design and to determine the appropriate regulatory controls and monitoring
requirements. The evaluation under this paragraph may include a review of the
literature and results from similar existing facilities, materials, or studies
in addition to project-specific characterization and analyses.
(b) Testing shall be performed on
representative samples of material available or obtained through additional
sampling programs, on individual wastes from the mining and milling process,
and on composite wastes where mixed storage or disposal of individual wastes is
proposed. When either physical or chemical segregation of a waste is proposed,
each individual waste shall be tested. If representative samples of waste
materials are not available and the applicant demonstrates the cost of
obtaining the samples are prohibitive or technically infeasible, the analyses
shall be based on the most suitable surrogate information, as determined by the
department, and reasonable worst case assumptions and analyses, as determined
by the department, shall be incorporated into the waste characterization
evaluation and related analyses in the absence of direct analytical results.
The major components of waste characterization and analysis shall include all
of the following:
1. Identification of all
wastes that will be disposed of or stored in the waste site. Identification
shall include classification of waste types, estimation of the generation rates
and volumes of each waste type, and an explanation of the ultimate disposition
of each waste type.
2. Chemical,
mineralogical, petrological, and radiological analyses of the wastes.
3. Particle size analyses of the wastes
including specific surface area as a function of particle size.
4. Laboratory dissolution testing, of
appropriate duration, to determine the acid producing characteristics of the
wastes, the acid-consuming characteristics of the waste and how the waste
composition and physical characteristics affect the overall acid-generation and
dissolved solids dissolution from the wastes. Testing shall include both static
and kinetic testing protocols appropriate for the specific waste material and
shall follow the best available test methodology recommended by ASTM
International or other appropriate authority.
5. Determination of the leaching potential of
the wastes and determination of the composition of the resulting
leachate.
6. Assessment of the
presence, distribution, and abundance of asbestiform minerals in the waste
materials.
7. A discussion and
evaluation of the physical, radiologic, and chemical properties of the wastes
materials that are critical in developing facility storage or disposal plans
and designs.
8. An evaluation of
the reagents proposed for use in the mining operation and how the degradation
and transport of reagents may affect mineral dissolution of the waste
materials, particularly tailings and leached ore materials.
9. The applicant shall describe in detail the
testing methods and chain of custody protocols employed in evaluating the waste
characteristics and shall provide to the department justification for the use
of such methods. Test methods shall include static testing and kinetic testing
of adequate duration so reactions are reasonably complete and shall also
develop appropriate geochemical modeling to assess the waste characterization
results and for use in predictive analyses. If the department cannot reasonably
verify the methods utilized by the applicant or the results therefrom other
than by independent testing, the department may require that the applicant
provide representative samples to the department for such independent testing.
Use of these samples shall recognize the effect of time upon the
representativeness of sample analysis results.
(c) When appropriate, and if sufficient
quantities of materials from bulk sampling or prospecting are available, the
applicant shall conduct, if required by the department, a field-testing program
to both supplement and verify literature survey and laboratory-scale testing
programs.
(d) The applicant is
encouraged to develop methods of waste handling that will result in the reuse
or recovery of such materials. Accordingly, the feasibility report shall
include a discussion of alternative methods of disposal of waste materials,
including an analysis of the practicability of the reuse, sale, recovery, or
processing of such wastes for other purposes.
(e) The applicant shall use the results of
the waste characterization and geochemical modeling analyses, combined with
information from the evaluation of regional and other site-specific
information, in the feasibility report and plan of operation to evaluate
facility siting alternatives, determine necessary site specific information,
and develop appropriate design, construction, operation, monitoring, and
long-term care requirements for each category of waste.
(f) The applicant shall provide a summary of
the waste characterization as it relates to the handling, storage, and disposal
of the waste.
(5) The feasibility report shall include a discussion of the regional site setting to provide a basis for comparison and interpretation of site-specific information obtained through field investigations. The applicant shall limit the discussion to information available from state agency files and publications although some field verification and updating may be necessary. The applicant shall collect and synthesize regional information from that area that may affect or be affected by the proposed mining waste site, which in most instances will be the proposed site, and the area within a radius up to 5 miles from the site. The applicant shall supplement the discussion with maps or cross-sections, when appropriate. In the discussion, the applicant shall address all of the following:
(a) Topography.
(b) Hydrology, including surface water
drainage patterns and important hydrologic features such as navigable waters,
springs, drainage divides, and wetlands.
(c) Geology, including the nature and
distribution of bedrock and unconsolidated deposits.
(d) Hydrogeology, including depth to
groundwater, flow directions, recharge and discharge areas, groundwater
divides, aquifers and the identification of the aquifers used by all public and
private wells within at least 1,200 feet of each proposed site, and other
information needed to establish the depth of useable groundwater under s. NR 182.107(1) (c).
(e) Groundwater and
surface water quality and precipitation chemistry.
(f) Climatology.
(g) Identification of adjacent
landowners.
(h) Zoning.
(i) Present land uses, with emphasis on known
recreational, historic, archaeological, scientific, cultural, or scenic
significance and whether any portion of the facility lies within an area in
which Indian tribes retain federally guaranteed treaty rights.
(j) Present or proposed access roads and any
weight restrictions for those roads.
(k) Factors identified in s. NR 182.105.
(l) Identification of aquatic and
terrestrial ecosystems such as stream orders and habitat classifications and
any sensitive water resources including areas of special natural resource
interest as defined in s.
30.01(1m),
Stats.
(6)
(a) The feasibility report shall include
site-specific information and the applicant shall perform field and laboratory
investigations to further define site physical, chemical and biological
characteristics in accordance with all of the following:
1. Perform field investigations to define the
site-specific topography, soil types, hydrogeologic characteristics including
initial assessment of the depth of useable groundwater, surface water
characteristics including drainage patterns and flow rates and the presence and
nature of wetlands.
2. Prepare an
existing site conditions plan sheet to include a detailed topographic survey of
the area of investigation. All elevations shall be tied to USGS mean sea level
datum. The map, if practicable, shall have a scale no greater than 1:2,400 with
a contour interval of 0.1 to 4 feet.
3. Prepare the plan in compliance with
requirements of s. NR 182.104 and delineate the property boundaries, proposed
waste facility and site boundaries, survey grid, buildings, water supply wells,
utility lines, man-made features, soil boring locations, observation well
locations and other pertinent information.
(b) The department shall determine the number
and depth of soil borings required depending on the relative homogeneity of the
soils at the site, the size of the area, character of the wastes and the
geotechnical design requirements for the waste site. The applicant shall drill
borings to define sub-surface conditions both inside and outside the proposed
limits of filling. The department shall determine the number and location of
borings sufficient to sample adequately major geomorphic features such as
ridges and lowlands. The applicant shall classify each major soil layer
encountered during the boring investigation according to the unified soil
classification system. The applicant shall bore the site subject to all of the
following provisions:
1. At a minimum, drill
borings in 10 separate locations distributed over the first 5 or less acres of
the proposed fill area. Drill a minimum of 2 additional borings for each
additional 5 or less acres of proposed fill area. The applicant shall ensure
that borings are located on a grid pattern covering the proposed facility and
are located in or within 300 feet of the proposed limits of filling.
2. Extend borings a minimum of 25 feet below
the anticipated sub-base grade. If the boring is located outside the proposed
limits of filling, the applicable sub-base grade is the elevation of the bottom
of the proposed base liner nearest to the borehole.
3. If regional information suggests that
bedrock is within 50 feet of the lowest elevation of the proposed sub-base
grades, extend one boring at least 5 feet into bedrock. Every attempt shall be
made to locate this boring outside the proposed limits of filling. The
applicant shall perform bedrock drilling in accordance with ch. NR
141.
4. Collect and retain samples
and prepare boring logs. In each log, the applicant shall include soil and rock
descriptions, method of drilling, method of sampling, sample depths, date of
boring, and water level measurements and dates. The applicant shall refer all
elevations to USGS mean sea level datum. The applicant shall prepare borings
using a format and terminology consistent those recommended by the USGS,
American Society of Testing and Materials or other industry
standards.
5. Abandon borings not
converted to wells in accordance with s.
NR 141.25.
(c)
1. The
applicant shall collect soil samples to adequately determine the geology and
ensure proper design and monitoring of the site. The applicant shall collect
soil samples at maximum 5-foot depth intervals, unless physical conditions,
such as soil homogeneity, indicate that greater intervals would be adequate.
When appropriate, the applicant shall collect samples using generally accepted
undisturbed soil sampling techniques. The applicant shall classify all soil
samples according to the unified soil classification system.
2. The applicant shall perform soil tests
including grain-size distribution and Atterburg limits as required for
classification and correlation purposes and to develop necessary geotechnical
design parameters for the waste site. The applicant may not composite samples
for testing purposes.
3. The
applicant shall include other physical, chemical, and biological testing as
appropriate in soil testing.
(d) The applicant shall determine the
hydraulic conductivity of the various soil strata. The applicant shall use in
situ hydraulic conductivity testing procedures to confirm laboratory
values.
(e) The applicant shall
install groundwater wells and piezometers at locations sufficient to define the
hydrogeologic and groundwater quality conditions of the proposed mining waste
facility and for determining whether the proposed facility will be capable of
complying with applicable groundwater standards required under s. NR 182.107.
The applicant shall comply with all of the following requirements:
1. Install observation wells to adequately
define the water table surface and horizontal and vertical hydraulic gradients
in and around the proposed site. At a minimum, install 5 water table
observation wells for the first 5 or less acres of disposal area and one
additional observation well for each additional 5 or less acres of disposal
area. Construct the observation wells so that the water table intersects the
well screens at all times during the year.
2. Install a piezometer adjacent to a water
table observation well at 2 separate locations to create well nests for the
first 5 or less acres of disposal area. Install one additional piezometer for
each additional 10 or less acres of disposal area to create additional well
nests. For every 20 acres of disposal area, place at least one well nest within
the proposed limits of filling.
3.
For proposed limits of filling located in a fine-grained soil environment, each
well nest required under subd. 2. shall consist of 3 wells: a water table
observation well, a piezometer installed at or just below the proposed sub-base
grades, and a deeper piezometer installed at least 15 feet below the bottom of
the upper piezometer's well screen.
4. Ensure that wells are located upgradient
and downgradient of the proposed facility, within the limits of filling, within
and at the mandatory intervention boundary and within and at the design
management zone.
5. Construct water
table observation wells and piezometers in compliance with ch. NR 141 unless an
alternative method of well design and installation is approved by the
department prior to well construction.
6. Collect and analyze soil samples as
described in par. (c) 1. to 3. from all observation wells and piezometers, or
the deepest well of a well nest, or a sampled boring within 20 feet of such a
well if the soil boring is of similar depth.
7. Document well construction in accordance
with ch. NR 141 and include the elevation of the ground surface, the top of the
pipe, the bottom of each boring, the well seals, the screened interval, a
description of well construction, and a boring log, as required in par. (b)
4.
8. Upon completion, develop each
well in accordance with s.
NR 141.21.
9.
Make successive water level measurements in each well or piezometer until
stabilized readings are obtained.
10. Design, install, develop, document and
sample all wells in accordance with ch. NR 141. The department may approve
alternative methods of well design and installation that achieve comparable
results prior to well construction.
(f) The applicant shall prepare an
environmental characterization report that describes the structure and
functional relationships of potentially impacted ecosystems. The report shall
include an analysis of all relevant site-specific environmental information
data and all of the following:
1. A baseline
environmental monitoring program consistent with the requirements of ss. NR 132.105 and 132.117. The baseline program shall address physical-chemical and
biological monitoring in the vicinity of the proposed mining waste facility
necessary to evaluate the potential environmental impacts associated with
construction and operation of the facility. The applicant shall select
physical-chemical parameters based on transport and transformation mechanisms
in the environment as well as other factors affecting the mobility and toxicity
of pollutants. The applicant shall select biological parameters based on the
environmental characterizations, the degree of impact predicted, and the
potentially affected organisms' sensitivity to contaminants. The applicant
shall select monitoring programs of sufficient scope and duration to adequately
characterize seasonal and spatial variability in natural conditions.
2. A land use map showing plant communities,
wildlife habitat, endangered and threatened species occurrences, to the extent
that disclosure of such information is not restricted, archeological or
historic sites, buildings, and areas of social and cultural importance. The
applicant shall use the existing site conditions map as a base map.
3. The baseline groundwater quality at all
wells that were installed outside the proposed limits of filling to evaluate
the proposed mining waste facility. The applicant shall analyze samples for
appropriate indicator parameters including, calcium, magnesium, sodium,
potassium, iron, manganese, bicarbonate, sulfate, nitrate, chloride and
alkalinity, public welfare related parameters identified in ss.
NR 140.12 and 140.20, and other constituents based on the
specific waste types and waste characteristics. The department may require
additional parameters based on the results of ongoing monitoring and
characterization studies. To determine baseline groundwater quality for the
parameters, the applicant shall collect and analyze a minimum of 8 samples,
with at least 30 days between samples, and submit the results to the department
with the feasibility report and plan of operation.
4. A table showing existing water quality of
all potentially affected surface waters. The table shall include navigable
waters, as defined in s.
30.01(1m),
Stats., and important aquatic habitat, including wetlands, springs and area of
special natural resource interest, as defined in s.
30.01(4m),
Stats.
5. Local climatological data
for seasonal precipitation, evaporation, air temperature, and wind velocity and
direction. The applicant shall collect meteorological data in the vicinity of
the proposed facility to facilitate correlation of the on-site conditions with
data from existing regional sites with long-term meteorological
records.
(7) The applicant shall propose a facility design, based on the conclusions resulting from the analysis of site data and waste characterization, capable of ensuring compliance with applicable standards. The proposed facility design shall consist of the preliminary type, size, and location of the proposed facility, engineering plans, a general discussion of proposed operating procedures, and a proposed monitoring program. This section of the feasibility report shall include, for each waste site, all of the following:
(a) A map, using the existing site conditions
map as a base, that shows proposed access, lateral extent of filling, and
phases of facility development.
(b)
A series of cross-sections showing present topography, proposed base grades,
and final grades, using the geological sections as a base.
(c) The preliminary earth work balance
calculations.
(d) The proposed
methods for leachate minimization, collection, and treatment.
(e) The proposed operating procedures
including the method of site development, phasing, erosion control, and
stormwater management, screening, access control, and other special design
features.
(f) The estimated
material balances prepared from best available information showing the
quantities of the wastes identified in par. (a). These material balances shall
include all of the following:
1. The projected
conditions existing at the end of a typical year of production.
2. The projected conditions existing before
and after a significant change in operating practice of the mine waste site or
facility, such as the end of active filling and subsequent closure of a cell of
a tailings disposal area and the establishment of another.
3. The projected conditions existing at the
end of operations.
4. The projected
conditions existing at the end of closure and final reclamation.
(g) A discussion of the reasoning
and logic behind the design of the major features of the site, such as traffic
routing, base grade, and relationships to subsurface conditions, phases of
development, anticipated waste types and characteristics, acid-generation
controls, liner system and final cover system design, facility monitoring, and
similar design features necessary to ensure compliance with applicable
standards.
(h) A proposed
monitoring program developed for the purpose of determining whether the
proposed facilities meet all environmental standards. The initial monitoring
program design and specifications should be based on potential variations in
the quality and quantity of waste materials, methods of processing, transport
and disposal, and the variability of important environmental
conditions.
(i) The information,
based on predictive modeling, to demonstrate that there is a reasonable
certainty that the facility, as designed, will not result in a violation of the
groundwater quality standards, specified in ch. NR 140, beyond the design
management zone and within the depth of useable groundwater. The operator shall
demonstrate compliance with applicable groundwater and surface water quality
standards for a period consisting of the time period in which the mining waste
site is proposed to operate, plus 250 years after closure of the mining waste
site, unless a shorter time period is specified by the department. If any
statistically significant change in baseline groundwater quality is predicted,
the applicant shall prepare a specific assessment of any adverse environmental
impacts reasonably expected to result. If the background concentration of a
substance attains or exceeds a preventive action limit for that substance or if
it is expected, with reasonable certainty, that a preventive action limit will
be exceeded beyond the design management zone, the applicant shall request an
exemption under ss.
NR 140.28 and 182.119.
(j) For expansion of existing facilities, an
evaluation of the effectiveness of the existing site design and
operation.
(8) The applicant shall complete a groundwater modeling analysis of potential impacts. The analysis shall include enough information to assess existing groundwater flow conditions and to predict possible impacts to groundwater quality and quantity from the mining waste facility and other facilities on the mining site in compliance with the requirements of sub. (7) (i) and s. NR 182.107. The groundwater modeling analysis shall be completed in coordination with groundwater studies conducted to comply with chs. NR 132 and 150, ss. 281.34 and 293.65, Stats., and other applicable laws and rules of the department. The modeling analysis shall include the following:
(a) A
clear statement of the purpose and objectives of the model.
(b) A discussion of the hydrologic data
necessary to construct the groundwater model and the methods proposed to obtain
the necessary data.
(c) A
discussion of the formulation of the conceptual hydrologic model of the study
area, including dimensionality, transience, and boundary conditions.
(d) A discussion of the selection criteria
for choosing the model code used to simulate the study area and forecast future
conditions. Models used for groundwater flow and contaminant transport analyses
shall consist of public domain open source software. Secondary models used to
generate and organize input files, process model outputs or evaluate model
boundaries are not required to consist of public domain open source software
but must be fully documented and verified.
(e) A description of the design and
construction of the model, including how the conceptual understanding of
groundwater flow is translated to the groundwater model.
(f) A discussion of model calibration and
verification, including what model parameters were adjusted, what targets were
used in the calibration process, how well the model performs at
verification/history matching, and why the history matching process and
selected targets are appropriate for the modeling purpose. Also included in the
model calibration should be a discussion of statistics used to quantify model
calibration.
(g) A sensitivity
analysis to determine how uncertainty in model parameters or boundary
conditions might impact the model predictions.
(h) The predictive simulations that address
the modeling objectives and that simulate a range of possible
outcomes.
(i) The uncertainty
analyses of the model overall to help quantify the underlying uncertainty of
assumptions made during the modeling process, and analysis of how this
uncertainty impacts the model predictions.
(j) A modeling report that addresses all the
information in this subsection, as well as all modeling files and data
necessary to review the modeling effort.
(9) The feasibility report shall include a preliminary water budget for 3 time periods: before construction, during active operation, and after facility closure. The water budget calculations shall be made for 3 climatological situations depicting dry, wet, and average precipitation - evaporation conditions based on climatologic records. The water budget shall describe the estimated amount and quality of seepage and discharge to surface and groundwater. The applicant shall consider all of the following factors in preparation of the water budget: precipitation, slurry water input and return, evaporation, surface runoff, infiltration, evapotranspiration, groundwater recharge rates, soil and waste moisture holding capacity, and groundwater flow velocities and volume.
(10) The feasibility report shall include an analysis of the impact of the waste disposal site on aesthetics and how such impact can be minimized.
(11) The feasibility report shall include a summary of the slope stability analyses of all mining waste facilities conducted as part of the plan of operation under s. NR 182.109(2) (b) 15., in the feasibility report.
(12) The feasibility report shall include a discussion of design, location and operational alternatives that includes all of the following:
(a) Identification and
evaluation of alternatives to the design and location of any new proposed waste
site, including an economic analysis of sites that are both environmentally and
economically feasible. Operation alternatives shall be discussed to the extent
they have a significant impact on design and location alternatives.
(b) Identification and analysis of various
alternative sites so that a legitimate comparison between several of the most
viable sites can be made. In order to minimize the total adverse environmental
impact, a viable site shall be chosen that will result in the least total
overall adverse environmental impact.
(c) Documentation of the process by which the
preferred site and critical design elements were selected. The analysis shall
document that the preferred site and design will result in the least overall
environmental impact compared to other viable sites and designs.
(d) Supporting data for all viable
alternative waste sites and designs considered by the applicant in the siting
and design alternatives analysis.
(13) The feasibility report shall include an appendix that contains all of the following:
(a) Boring logs, soil tests, well
construction data, and water level measurements.
(b) The measured baseline values for all
parameters monitored, the spatial and temporal variability of these baseline
values, and the error associated with the baseline values and the natural
variability. For all parameters with significant variability or sample
frequency problems that will make comparison with subsequent analyses less
reliable than expected or desired, the applicant shall identify additional
monitoring or analytical measures to achieve the desired levels of precision.
The applicant shall provide sufficient data, documentation of statistical
procedures, and summary statistics to allow independent evaluation of baseline
values.
(c) Methods and assumptions
used in the analysis of the raw data.
(d) References.
(14)
(a)
The department shall review a feasibility report submitted under this chapter
in accordance with the time limitations specified in ss.
293.40 and
293.495,
Stats.
(b) Following completion of
the hearing and within the time periods specified under s.
293.43,
Stats., the department shall issue a final determination of feasibility that
states the findings of fact and conclusions of law upon which the determination
is based. The site may be found feasible if it meets the design, operation,
location, and environmental standards contained directly or by cross-reference
in this chapter. The department may condition the issuance of the final
determination of feasibility upon special design, operational, or other
requirements deemed necessary to ensure compliance with applicable standards.
The final determination of feasibility shall specify the design capacity of the
proposed facility. The issuance of a favorable final determination of
feasibility constitutes approval of the facility for the purpose stated in the
application but does not guarantee plan approval under s. NR 182.109, or
licensure under s. NR 182.111.
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