Overview of Permitting Process: Department Review
The following flow diagram can be used to learn more about the metallic mining permit review process, as it pertains to the Department's review and impact analysis:
Environmental Impact Statement
Before a mining permit can be issued, the applicant must provide the Department with considerable information about the proposed project as part of the Mining Permit Application, Feasibility Report and Environmental Impact Report. As determined by the applicant, potential impacts from the project are disclosed in the Environmental Impact Report submitted to the Department. Following the receipt of the information, the Department must review the information submitted and determine if there are additional data needs in order to complete the DNR’s independent analysis of potential impacts from the proposed project.
At this point, The Bureau of Integrated Science Services, Environmental Analysis and Liaison Program (in cooperation with the Bureau of Waste Management and other Department programs) must prepare a required assessment of the environmental impacts of the proposed mining project. Initially, a Draft Environmental Impact Statement is published. This document describes the mining proposal, the affected natural and cultural resources and the environmental and cultural impacts of the proposed mine. Mitigation measures and an analysis of project alternatives are also considered.
An environmental impact statement (EIS) does not contain specific conclusions regarding the permitability of the project. Rather, the EIS is prepared to inform a project’s decision-maker and the public of a proposed action’s (in this case the mine’s) effect on the environment. The EIS is an objective document prepared by the Department with the assistance of independent consultants.
Once a Draft EIS is prepared and released for public review, the Department must hold a public hearing within 30 to 60 days to receive comments on the document. Comments received both orally and in writing during the public comment period are taken into consideration during the Department's preparation of the Final EIS. Approximately four months after the end of the comment period, the Final EIS is released.
Master Hearing
Within six months following the release of the Final EIS, the Department must hold the project Master Hearing on all permits and approvals requested by the applicant. The hearing is generally convened in the county where the proposed mine is located, although it may be adjourned to other locations. During the Master Hearing all aspects of the proposal are examined in a court-like setting. The hearing is divided into two major parts: an open hearing (which may last a few days) where the public is invited to provide comments and a contested case hearing (which may last several weeks to months) where testimony by expert witnesses is under oath, evidence is presented and witnesses may be cross-examined.
During this examination, project-related evidence is closely scrutinized. Information reviewed consists of the Mining Permit Application (which includes a mining plan, reclamation plan, monitoring and contingency plan and an irrevocable trust agreement proposal), the adequacy of the analyses in the Department’s Final Environmental Impact Statement, satisfaction of the mining moratorium law and to the fullest extent possible all other applications for permits, approvals and licenses issued by the Department of Natural Resources.
The decision-maker for all permits, licenses or approvals issued by the DNR is the Secretary of the Department. The Secretary, however, may designate the hearing examiner (or administrative law judge) to make all decisions.
At the conclusion of this hearing, the hearing examiner (or Secretary of the Department) determines whether the project would be capable of complying with all applicable criteria of state environmental protection laws and regulations and also determines whether the Department has complied with the requirements of the Wisconsin Environmental Policy Act in the development of the EIS. If the record of the Master Hearing shows that all criteria have been met, then the DNR must issue the mining permit and other necessary approvals. Any final decision on permits is the open to appeal through the courts.
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