Metallic Mining in Wisconsin

Metallic mining has occurred in Wisconsin since the time of the Copper Culture (about 2,000 to 5,000 years before present). Native Americans also mined for metallic minerals in the southwestern part of the state in the 1600's. Mining for metals such as copper, lead, iron and zinc shaped the history of several regions of Wisconsin from the beginning of European settlement and played a major role in the development of Wisconsin as a state.

While mining is potentially economically significant on a multi-county regional scale, mining also has the potential to seriously harm natural resources. The state legislature recognized that potential and began to specifically regulate the environmental aspects of metallic mining (which does not include gravel mining or quarrying) with the passage of the state's first comprehensive mining law in 1974. This law enabled the Department to write rules that would regulate metallic mining activities.

The Wisconsin Department of Natural Resources (DNR) is the state agency with primary responsibility for regulating environmental aspects of metallic mining activities in Wisconsin. Within DNR, the Bureau of Waste Management has the lead role in reviewing applications for mining permits. The Bureau of Integrated Science Services, Environmental Analysis and Liaison Program has the lead role in orchestrating the required environmental impact analysis of a proposed mining project. Under laws created by the Wisconsin Legislature, mining is a legal activity subject not only to the state mining law, but also to all other state environmental regulations.

That means that staff from the Waste Management, Watershed Management, Drinking Water and Groundwater and Air Management programs have major roles in evaluating the technical aspects of proposed mining projects that relate to the requirements of the state laws they administer. Specialists from a number of other programs (including, for example, Fisheries, Wildlife and Forestry) are also involved in the review of any major mining project.

Bur Oak Swamp, near the proposed Crandon Mine, is a unique wetland community located just northwest of the proposed tailings management area.

Before a mining permit may be issued, an applicant must provide the Department with considerable information about the proposed project. Metallic mining (site construction and mine development) may proceed only if a mining permit is granted by the DNR with its approval of the environmental monitoring, mining and reclamation plans. Additionally, the applicant may be required to apply for permits from other regulatory agencies, such as the state Public Service Commission or the U.S. Army Corps of Engineers.

If a DNR review concludes that requirements of any of the applicable state laws and rules could not be met by a proposed mine, the Department cannot issue a mining permit. Conversely, if the proposed mine is found to meet all environmental protection standards, comply with all applicable laws, and receives local zoning approval, the Department must issue a mining permit.

Because the Department regulates mining in Wisconsin, it has no "position" for or against mining. When performing their job duties, Department staff are neither in favor of nor against mining, but are responsible for determining and assuring compliance with all applicable laws and codes to the best of their professional ability. Therefore the Department's "position" is that all applicable environmental protection standards will be upheld, and all conditions in any mining permit issued will be monitored and enforced.

Department staff must work closely with mining company officials and their consultants, not only to familiarize them with the mining regulations, standards, and environmental and public review processes, but also to minimize potential environmental degradation from a proposed project. For mining projects, this process can last several years. Developing effective communications with company officials makes this process smoother and more effective. However, some observers of this process may conclude that the Department is primarily "helping" an applicant gain approval for its mining plan.

In reality, a close working relationship with an applicant is necessary for the Department to be effective in shaping any regulated project to avoid adverse impacts, whether it is a mining project or some other regulated activity. The entire process is open to public scrutiny, and the Department welcomes public review of its regulatory activities.

Need more information? Contact Philip Fauble