Permits and Approvals Required
Nicolet Minerals Company (NMC) must satisfy numerous federal, state, and local requirements prior to initiating site construction and development. Plans submitted by the company must also be approved by Department staff prior to mining.
| Statutory Authority | Administering Agency | Activity | Action |
|---|---|---|---|
| FEDERAL | |||
| 33 U.S.C. 1344 | U.S. Army Corps of Engineers | Activities in or affecting navigable streams and wetlands (dredge/fill) | Permit issuance |
| 33 U.S.C. 1321 | U.S. Environmental Protection Agency | Spill prevention control and counter measure plan | Plan submittal, on file on-site |
| STATE | |||
| Chapter 293 Wis. Statutes | DNR | Mining | Permit issuance and mining authorization |
| Chapter 289 Wis. Statutes | DNR | Feasibility Report and Plan of Operation for the Tailings Management Area | Plan approval |
| Chapter 289 Wis. Statutes | DNR | Feasibility Report and Plan of Operation for the Type II Waste Rock Management Area | Plan approval |
| Section 281.41 Wis. Statutes | DNR | Wastewater and sewage treatment plant systems | Plan approval |
| Chapter 283 Wis. Statutes | DNR | Treated wastewater discharge | Permit issuance |
| Section 283.33 Wis. Statutes | DNR | Stormwater discharge during construction activities | Permit issuance, coverage under a general permit |
| Section 281.17(1) Wis. Statutes | DNR | High capacity wells, mine dewatering | Plan approval |
| Sections 285.60 to 285.66 Wis. Statutes | DNR | Air emissions construction and operation permits | Permit issuance |
| Sections 30.12(2), 30.12(3)(a)3, and 30.123 Wis. Statutes | DNR | Culvert installations in five waterway locations for the access road, railroad spur, and TMA access road | Permit issuance |
| Section 30.12(3)(a)3 Wis. Statutes | DNR | Riprap placement at the Skunk Lake and other mitigation outfall structures | Permit issuance |
| Sections 30.12(2), 30.12(3)(a)3, 30.123, and 30.20 Wis. Statutes | DNR | Construction of two bridges over Swamp Creek, one for the access road, and one for the rail spur | Permit issuance |
| Section 30.12(2) Wis. Statutes | DNR | Ditch plugging and culvert removal at the wetland mitigation site | Permit issuance |
| Section 30.12(2) Wis. Statutes | DNR | The placement of a gage structure in the outlet of Little Sand Lake for flow monitoring purposes | Permit issuance |
| Sections 30.19(1)(a)and(b) and 30.195 Wis. Statutes | DNR | Site grading on banks of navigable waterway, installation and relocation of culverts, and stream rerouting and widening at the wetland mitigation site | Permit issuance |
| Section 31.05 Wis. Statutes | DNR | Dike construction across ditches discharging into Duchess Creek at the wetland mitigation site | Permit issuance |
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1997 Wisconsin Act 171 - Mining Moratorium Law
Under Section 293.50 Wisconsin Statutes, the Department cannot issue a metallic mining permit for the mining of a sulfide ore body unless the applicant has demonstrated that a mine located in the U.S. or Canada -- in a sulfide ore deposit which together with the host rock has a net acid generation potential -- has operated for a ten year period, and the same mine or another mine has been closed for a ten year period without causing the pollution of groundwater or surface water from acid drainage. The final determination of compliance with this law would be made by the hearing examiner following appropriate testimony and examination during the Master Hearing.
Stormwater Management
Under Section 283.33 Wisconsin Statutes, stormwater management plans and discharge permits are required for both the construction and operation phases of large industrial facilities. For mining projects, provisions of the mining law and mining permit provide for comparable stormwater discharge requirements. As mentioned in the above table, the construction phase would be regulated under Section 283.33 Wis. Statutes, but stormwater management during operations would be covered by the mining permit.
Electric and Gas Transmission
Operation of the Crandon Mine would require a supply of electric power and natural gas. Wisconsin Public Service Corporation (WPS) proposed to construct a 115 kV electric transmission line and a six inch diameter natural gas pipeline to the mine site. WPS must receive approval from the Wisconsin Public Service Commission (PSC) in accordance with Sections 196.491 and 196.49 Wisconsin Statutes before it can construct and operate a 115 kV transmission line. If approved, the PSC issues a Certificate of Public Convenience and Necessity for the line.
In addition, depending upon the route(s) approved, the electric transmission line and natural gas pipeline could need one or more of the following permits:
- Wisconsin Department of Transportation permits to cross Federal or State highways;
- Chapter 30 permits from the DNR to cross rivers or streams;
- U.S. Army Corps of Engineers [Section 404(b)] permits for river or stream crossings; and county/township zoning permits at stream and road crossings.
A preliminary review by PSC of the proposed natural gas pipeline extension to the mine does not indicate that the proposed natural gas pipeline extension would result in significant environmental impact. In addition, the estimated cost of the extension is below the cost threshold for projects that require a Certificate of Authority from the PSC, and the extension does not involve creation of a new franchise territory. Therefore, no PSC authorization would be necessary for the natural gas pipeline to be constructed by WPS to serve the mine.
Local Zoning
Under Section 293.41 of the Wisconsin Statutes, municipalities with zoning or other land use authority over a metallic mining project may develop local agreements with the mining company through a process of negotiation. Several local governments have signed such agreements with Nicolet Minerals Company, including Forest County, the City of Crandon, and the Towns of Nashville and Lincoln. In these agreements local zoning approval is assured in exchange for various concessions by the mining company. All local zoning requirements must be satisfied before Department permit issuance may occur. The following local zoning ordinances are in effect:
- Forest County Zoning Ordinance: There are no sections or requirements in the ordinance prohibiting or restricting the construction and operation of the proposed mine. However, the County does have authority for wetland and shoreland zoning permits. The County cannot negotiate away state or federally mandated requirements related to shorelands and wetlands, although, variances to the County zoning ordinance may be granted where permitted by the law.
- Town of Lincoln Zoning Ordinance, Forest County: The Township zoning ordinance is based on the Forest County ordinance with the relevant mining section found in Chapter 15 - Planned Development.
- Town of Nashville Comprehensive Zoning Ordinance, Forest County: The Township ordinance has sections pertinent to mining activities.
- City of Crandon: Through its airport zoning ordinance, the City of Crandon has regulatory authority over the height of the proposed head frame located near the Plant/Mill site. The head frame would require a conditional permit under the current zoning ordinance.
Withdrawal of County Forest Lands
Under Section 28.11(11) Wisconsin Statutes, the affected county must apply to the Department for approval to withdraw any lands from the county forest program that the county intends to sell to Nicolet Minerals Company. This section of the law also establishes the procedures that the county must follow before requesting such a withdrawal, and the specific criteria the Department must consider in response to this request.
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