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Public Hearings and Meetings

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call the contact person listed for the meeting or hearing with specific information on your request at least 10 days before the date of the scheduled hearing.

A printout of DNR Hearings and Meetings for the upcoming week is also available in portable document format.

November 15-21, 2009 (PDF; 80kb)

Hearings

  • November 30 - Pursuant to Wis. Stat. § 30.03(4)(a), a Class 2 contested case public hearing in the matter of the abatement action on motion of the Department of Natural Resources to remove alleged illegal material placed and maintained by Jan Bax on the bed of Long Lake, Located in the Town of Dayton, Waupaca County, will be held at 10:30 a.m., in Meeting Room A at the Waupaca Area Public Library, 107 South Main Street, Waupaca. It will continue, if necessary, on December 1, at the same location. Department of Natural Resources staff conducted field investigations and allege: between September 2006 - August 25, 2007, Dr. Bax and his agent removed most of the natural vegetation on the bank and placed fieldstone along the shore on the bed and bank (i.e., below and above the ordinary high water mark (OHWM)) of the lake and a flat stone behind the fieldstone. DNR staff determined that posts, concrete pads, and invisible fence had also been placed below the OHWM at this site. DNR staff verified they had not issued a Wis. Stat. § 30.12 permit to place material on the bed and bank of the lake at this site. DNR staff advised Dr. Bax, his attorney, and his agent that placing rock riprap at this location required but did not have a Wis. Stat. § 30.12 permit; that because Long Lake was an area of special natural resource interest, shore erosion control structures (including riprap and bioengineered structures) were not exempt from permitting under Wis. Stat. §§ 30.01(1am) and 30.12(1g)(i), (j), or (k); that based on the shoreline energy calculation for this location and pursuant to Wis. Admin. Code § NR 328.07(3), placement of new riprap was prohibited at low energy sites; that DNR could only approve rock riprap for this location if it met the general permit requirements of Wis. Stat. § 30.12(3)(a)3c., that allow placement of riprap under a general permit to replace or repair existing riprap; that Dr. Bax did not establish that riprap existed at the site before the new rock was added, and photos of the site from September 2006 do not show existing riprap; and that the rock that had been placed on the shoreline had to be removed by May 1, 2008, to avoid further enforcement action. DNR issued two citations to Dr. Bax for obstructing navigable waters pursuant to Wis. Stat. § 30.15(1)(d) on May 25 and June 11, 2008. Dr. Bax pled not guilty on both counts and requested a jury trial. On November 11, 2008, the court dismissed the citations on motion of the prosecutor. Based on these factors, DNR alleges that the existing unpermitted rock riprap and other materials below the OHWM violate Wis. Stat. § 30.12(1)(a) and therefore constitute a public nuisance under Wis. Stat. § 30.294. DNR seeks an order directing Dr. Bax by a specified date to remove all rock riprap and any other unauthorized material or structures below the OHWM, stabilize the bank against erosion using natural revegetation or bioengineering, revegetate the bank above the OHWM for a minimum of 10 feet, and monitor the site for the presence of exotics. The hearing may result in the issuance of an order abating the maintenance of the rock riprap and directing the current owner(s) to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the interests of the public in these navigable waters. For more information contact the Division of Hearings and Appeals at (608) 266-7709.
  • December 1 - Pursuant to §§ 227.16 and 227.17, Wis. Stats, the Department of Natural Resources will hold a public hearing on proposed revisions to chs. NR 404, 438, and 484, Wis. Admin. Code, relating to ambient air quality standards for ozone and lead and new reporting requirements for lead compounds at 1 p.m. in Room 140-141 of the DNR Southeast Region Headquarters, 2300 N. Dr. Martin Luther King Jr. Drive, Milwaukee. The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under § 285.11(6), Wis. Stats., will be revised. Chapter NR 404, Wis. Adm. Code, contains ambient air standards which are intended to be the same as the federal NAAQS promulgated by EPA, as is required under §285.21(1)(a), Wis. Stats. Chapter NR 438, Wis. Adm. Code, establishes requirements for submission of reports for owners or operators of air contaminant sources related to the ambient air standards that are employed by the Department. The Clean Air Act requires EPA to review the latest scientific information every five years and promulgate NAAQS which are designated to protect public and public welfare. In 2008, EPA strengthened the 8-hour ozone NAAQS to 0.075 ppm and revised the NAAQS for lead from 1.5 micrograms/cubic meter (µg/m3) to 0.15 µg/m3. The DNR is proposing to amend chs. NR 404 and 438, Wis. Adm. Code, to maintain consistency with the federal NAAQS. Specifically, the proposed rule revisions would: A) adopt the ozone and lead NAAQS into ch. NR 404, Wis. Adm. Code; and B) incorporate the corresponding lead reporting requirements into ch. NR 438, Wis. Adm. Code. The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar. The proposed rule and supporting documents, including the fiscal estimate, may also be obtained by contacting Robert B. Eckdale, Bureau of Air Management Rules Coordinator, by e-mail at robert.eckdale@wisconsin.gov or by calling (608) 266-2856. Comments on the proposed rule must be received on or before Monday, Dec. 14, 2009. Written comments may be submitted by mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to: Larry Bruss, DNR Bureau of Air Management (AM/7), PO Box 7921, Madison, WI 53703-7921. For more information contact Larry Bruss at (608) 267-7543.
  • December 3 - Pursuant to § 283.49, Wis. Stats., a public hearing for the purpose of giving all interested persons an opportunity to make a statement with respect to the proposed modification of Wisconsin Pollutant Discharge Elimination System (WPDES) Permit No. WI0063959-01 for Rosendale Dairy LLC, located in Sec. 9, T16N, R15E, Town of Rosendale, Fond du Lac County. The hearing will be held at 5 p.m., at Royal Ridges, 1 Westgate Drive (just off W. Fond du Lac St. which is also known as Hwy 23/49), Ripon. Rosendale Dairy is a WPDES permitted dairy. Discharge is to the West Branch of Fond du Lac River and groundwater of the West Branch of the Fond du Lac River Basin. The current permit, issued for Phase I of the operations, limits the number of cattle to a maximum of 4000 dairy cows and 150 beef cattle (maximum of 5,750 Animal Units or AUs). Rosendale Dairy has requested modifications to the permit to account for Phase II of their operation in order to increase animal numbers at the site to 8,000 milking cows and 300 beef cattle (11,500 AUs). The proposed increase in the maximum allowable number of animal units is based upon the amended nutrient management plan which increases the available land spreading acreage. Phase II of the operation will include the addition of a second free-stall barn and a second 80-cow rotary milker to house and milk the additional animals. No structures requiring DNR approval will be constructed as part of Phase II. Only the following items are being modified and subject to public comment; (1) increase in the maximum allowable number of animal units at the site to 11,500 AUs and the changes to the nutrient management plan which increases the land spreading acreage, (2) allowance for reduced monitoring frequency for parameters associated with the groundwater monitoring system around the production area and (3) a compliance schedule for evaluating process wastewater and storm water discharges to the North Feed Pond. A more detailed description of the proposed changes is included in the Fact Sheet for this modification and is available at: http://dnr.wi.gov/org/water/wm/ww/drafts/pubnot.htm and information on how to obtain information on the Nutrient Management Plan is available at: http://dnr.wi.gov/runoff/ag/permits.htm - click on the “Statistics” tab. For more information contact Elizabeth Spaeth Werner, DNR, 625 E County Road Y, Suite 700, Oshkosh, WI 54901, (920) 303-5426, elizabeth.spaethwerner@wisconsin.gov.
  • December 3 – A public hearing in the matter of the of the sale of 2.92 acres of land located in the Kettle Moraine State Forest-Southern Unit, Jefferson County, to Charles Kilmer will be held at 9 a.m. in the Jefferson County Courthouse (Rm. 202), 320 South Main St., Jefferson. For information contact Joe Renville at - (608) 266-9454.
  • December 11, 14, 15 & 16 - Pursuant to §§ 281.12(1), 281.15, 281.19(1) and 299.11, Wis. Stats., and ch. 160, Wis. Stats., the Department of Natural Resources will hold public hearings on amendments to ch. NR 140, Wis. Adm. Code, relating to groundwater quality. Chapter 160, Wis. Stats., requires the DNR to develop numerical groundwater quality standards, consisting of enforcement standards and preventive action limits. Chapter NR 140, Wis. Adm. Code, establishes groundwater standards and creates a framework for implementation of the standards. These proposed amendments to ch. NR 140 would add new state groundwater quality standards for 15 substances and revise existing standards for another 15 substances. In accordance with ch. 160, Stats., amendments to ch. NR 140 groundwater quality standards are based on recommendations from the Department of Health Services. New public health related groundwater quality standards are proposed for: 1,4-Dioxane, Acetochlor, Acetochlor - ESA + OXA, Aluminum, Ammonia, Chlorodifluoromethane, Chlorpyrifos, Dimethenamid/Dimethenamid-P, Dinitrotoluenes, Ethyl Ether, Manganese, Metolachlor - ESA + OXA, Perchlorate, Propazine and Tertiary Butyl Alcohol. Revised public health related groundwater quality standards are proposed for: 1,3-Dichlorobenzene, 1,3-Dichloropropene, Acetone, Boron, Carbaryl, Chloromethane, Dibutyl Phthalate, Ethylene Glycol, Methyl Ethyl Ketone, Metolachlor, Metribuzin, Phenol, Prometon, Toluene and Xylene. Minor revisions, to clarify rule language and update rule reference information, are also proposed to ch. NR 140. These revisions can be reviewed in the complete proposed rule changes and fiscal estimate available on the Wisconsin Administrative Rules Web site (search this site using NR 140). Written comments may also be submitted electronically through this Web site. Written comments on the proposed rule may be submitted until December 30, 2009 via U.S. mail to: Mike Lemcke, Wisconsin DNR, Bureau of Drinking Water & Groundwater, PO Box 7921, Madison, WI, 53707. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. For more information or a copy of the proposed rule and fiscal estimate contact Mike Lemcke at - (608) 266-2104. The hearings will be held on the following dates at the locations listed:
    • December 11, Madison - 10 a.m., in the State Natural Resources Building (GEF 2), Room G09, 101 South Webster St.
    • December 14, Baraboo - 10 a.m. at the Sauk County - UW Extension, West Square Administration Building, Room B30, 505 Broadway.
    • December 15, Eau Claire - 10 a.m. at the Eau Claire State Office Building, Room 139, 718 West Clairemont Ave.
    • December 15, Stevens Point - 4 p.m. at the UW-Stevens Point, Communications Arts Center (CAC), Room 211, 1101 Reserve St.
    • December 16, Oshkosh - 10 a.m. at the UW-Oshkosh, Halsey Science Center, Room 259, 921 Elmwood Ave.
  • December 15 - Pursuant to §§ 23.09(2), 23.091, 23.11(1), 23.22(2)(b) 1., 23.28(3), 27.01(2)(j) and 227.11(2)(a), Wis. Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapter NR 45.04 (1) (g), Wis. Admin. Code, relating to regulation of firewood entering department lands. The purpose of this rule is to reduce the risk of introduction and spread of emerald ash borer and other invasive insects and diseases of trees by reducing the distance firewood used on the properties is moved. Currently, EAB is moving primarily on firewood and parks and campgrounds in other states have been sites of new introductions as a result (Muirhead et al. 2006). This rule will provide additional protection for state parks and forests, set a good example for county, municipal and private campgrounds and reduce a reason people move firewood: for use while camping. While this rule may cause some inconvenience for campers, it is dwarfed by the cost of infestation or establishment of this pest to the public and the state. To minimize any inconvenience, the department is working with firewood dealers and the Wisconsin DATCP to assure a sufficient supply of safe and affordable firewood at department campgrounds. Pursuant to §§ 23.09(2), 23.091, 23.11(1), 23.22(2)(b) 1., 23.28(3), 27.01(2)(j) and 227.11(2)(a), Wis. Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapter NR 45.04 (1) (g), Wis. Admin. Code, relating to regulation of firewood entering department lands. The purpose of this rule is to reduce the risk of introduction and spread of emerald ash borer and other invasive insects and diseases of trees by reducing the distance firewood used on the properties is moved. Currently, EAB is moving primarily on firewood and parks and campgrounds in other states have been sites of new introductions as a result (Muirhead et al. 2006). This rule will provide additional protection for state parks and forests, set a good example for county, municipal and private campgrounds and reduce a reason people move firewood: for use while camping. While this rule may cause some inconvenience for campers, it is dwarfed by the cost of infestation or establishment of this pest to the public and the state. To minimize any inconvenience, the department is working with firewood dealers and the Wisconsin DATCP to assure a sufficient supply of safe and affordable firewood at department campgrounds. The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the Wisconsin Administrative Rules (Search this Web site using the Natural Resources Board Order No. FR-25-09). Written comments on the proposed rule may be submitted via U.S. mail to Dr. Andrea Diss-Torrance, DNR Division of Forestry, PO Box 7921, Madison, WI 53707 or by e-mail to Andrea.DissTorrance@wisconsin.gov. Comments may be submitted until December 31, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. For more information or a copy of the proposed rule and supporting documents, including the fiscal estimate contact, Dr. Andrea Diss-Torrance, DNR Division of Forestry, at (608) 264-9247. The hearing will be held at 7 p.m. at the following sites: The hearing will be held at 7 p.m. at the following sites:
    • Madison - Pyle Center, 702 Langdon St., University of Wisconsin, Rm. 315
    • Green Bay – Instructional Services Building, University of Wisconsin-Green Bay, 2420 Nicolet Drive, Rm. IS1034
    • Wausau - University of Wisconsin, Marathon County, 518 S. Seventh Ave., Rm. 220
    • b<>Eau Claire - University of Wisconsin, 105 Garfield Ave, Old Library, Rm. 1118
  • December 16 - Pursuant to § 283.63 Wis. Stat. and NR 203 and NR 243, Wis. Admin. Code the State of Wisconsin Division of Hearings and Appeals will initiate a telephone prehearing conference in the matter of the petition for a contested case hearing on Wisconsin Pollution Discharge Elimination System Permit No. WI-0063959-01-0 Issued to Rosendale Dairy, LLC, at 10 a.m. Any person, organization or governmental unit wishing to become a party to this proceeding must appear at the conference in person or by an authorized representative. To so participate, said persons must write to the Division of Hearings and Appeals, by, Dec. 11 2009. If necessary, the purpose of the prehearing conference will be to identify parties to the proceeding, to simplify the issues which may be contested at the hearing, establish a discovery schedule and set a date for hearing. No testimony will be heard at the prehearing conference; however, a date may be set for the hearing on the merits at the conference. When the hearing is held it will be a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a) and the fair play provisions of Wis. Stat. ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code ch. NR 2 will be followed. The procedure that will be followed at the public hearing will closely resemble that normally followed at a court hearing. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the public hearing. The permits, petitions and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file for the applicant may be obtained by writing to the Department of Natural Resources, WPDES Permit Section, PO Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets. For information contact the Division of Hearings and Appeals at (608) 266-3865.
  • December 17 - A telephone prehearing conference in the matter of the application of the Town of Egg Harbor to discontinue two undeveloped ways that provide access to Green Bay, Town of Egg Harbor, Door County, Wisconsin will be initiated by the Division of Hearings and Appeals at 11 a.m. For more information or to participate in this conference contact the Division of Hearings and Appeals at (608) 266-7709.

Meetings

  • Wisconsin Conservation Congress public meeting notices
  • December 2 - The Lower Fox River TMDL Technical and Outreach Teams will be having a meeting in rooms C190 A, B & C at the Fox Valley Technical College, 1825 N. Bluemound Drive, Appleton. The meeting will begin at 10:30 a.m. and end by 4 p.m. This will be an interactive meeting to solicit feedback for the different scenarios presented for allocating total phosphorus and sediment loads in the Lower Fox River Basin. Other stakeholders in the basin are welcome to participate. Please RSVP to Erin Hanson (920-662-5419) or Erin.E.Hanson@wisconsin.gov by November 30, so we can plan accordingly for the public participation component of the meeting.
  • December 8 - The Department of Natural Resources will host a Technical Advisory Committee meeting to discuss development of an administrative rule creating standards for high-quality compost from source-separated organic materials and modifying current regulations in § NR 502.12, Wis. Admin. Code governing compost facilities. The meeting will take place from 10 a.m. to 12:30 p.m. at the University of Wisconsin West Madison Agricultural Research Station, 8502 Mineral Point Road, Madison. For more information about the meeting, contact Brad Wolbert at (608) 264-6286.
  • December 8-9 - The State Natural Resources Board will in Room G09 of the State Natural Resources Building (GEF 2), 101 South Webster St., Madison. The agenda is available on the Natural Resources Board Web pages. For more information contact Laurie Ross, Natural Resources Board Liaison at (608) 267-7420.
  • December 12 - The Brule River State Forest will hold their Fall Public Meeting at 1:00pm at the Cloverland Town Hall, East Highway 13 (1.5 miles west of the Brule River), Maple, WI 54854. Property staff with expertise in forest management, operations, enforcement, and recreation will be available to discuss the state forest's plans for the next year. For more information contact Dave Schulz, Forest Superintendent at (715)-372-5678.
  • December 15 - The Wisconsin Council on Forestry [PDF exit DNR] will meet at 9:30 a.m. at the Forest Products Lab at 1 Gifford Pinchot Drive, Madison. Invasive Best Management Practices for Rights-of-Way, Managed Forest Law Legislative Council Study, and BMPs for Water Quality revisions are among the agenda items. For more information contact Mary Brown at 608-261-7599.
Last Revised: Friday November 20 2009