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 8-14, 2009 (PDF; 80kb)

• Hearings
• Meetings

Hearings

• November 9 - Pursuant to Wis. Stat. §§ 281.15 and Wis. Admin. Code chs. NR 103 and NR 299, a telephone prehearing conference in the matter of the application of Chuck Bye for Water Quality Certification for four after-the fact road fills affecting 0.98 acres of wetland for the purpose of providing drivable access to upland islands and other upland portions on property located in the Town of Harding, Lincoln County, will be held at 12:30 p.m. Chuck Bye, Bye, Goff & Rhode, Ltd., PO Box 167, River Falls, filed an after-the-fact application with the Department of Natural Resources for water quality certification pursuant to Section 401 of the Federal Clean Water Act and Wis. Admin. Code NR 299. The proposed project is located in Sections 9 and 10, T32N, R5E, Town of Harding, Lincoln County. The proposed project would affect 0.98 acres of wetlands for the purpose of providing drivable access to upland islands and other upland portions on the property. The Department of Natural Resources denied the application for Water Quality Certification as outlined in a letter to Chuck Bye dated June 3, 2009. On July 1, 2009, Attorney Tracy Tool, on behalf of Chuck Bye, filed a request for a contested case hearing. For more information contact the Division of Hearings and Appeals at (608) 266-7709.
• 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 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
• November 6 – The Wisconsin Urban Forestry Council will meet from 9:30 a.m. to 2:30 p.m. at the Forest Products Laboratory, One Gifford Pinchot Drive, Madison. The Council will be discussing best ways to preserve, protect, expand and improve Wisconsin’s urban and community forest resources. For more information contact Laura Wyatt at – (608) 267-0568.
• November 9 & 10 – The Department of Natural Resources will hold public stakeholder meetings to provide information related to an electronics recycling bill that has passed both houses of the state Legislature and has been signed by Governor Doyle. It will go into effect January 1, 2010. Because of the short time that would be available for implementation, the DNR is scheduling meetings around the state for stakeholders to learn more about the requirements in the current version of the bill and how the DNR would plan to handle registration and other program elements should the bill become law. The meetings will be of primary interest to the electronics manufacturers, recyclers, collectors and retailers that would be regulated under the bill. Local governments currently involved in electronics recycling, or that might get involved in the future, are also encouraged to attend. Though not required, registration is encouraged to plan for adequate space and handouts. People may register online. The remaining meetings will be held:
  • November 9, Menasha - 1 to 3:30 p.m., University of Wisconsin-Fox Valley, 1478 Midway Rd.
  • November 10, Bristol - 10 a.m. to 12:30 p.m., Kenosha County Center, 19600 75th St.
• November 10 - A combination of the Technical Focus Group and the Brownfield's Study Group will meet from 1 to 3 p.m. in room 513 of the Natural Resources Building (GEF 2), 101 S. Webster St., Madison. The primary purpose of the meeting is for Group members to provide feedback to the Remediation and Redevelopment Program on proposed changes to several NR 700 rules. For more information, contact Mark Gordon at 608-266-7278 or at mark.gordon@wisconsin.gov.
• November 10 - The Division of Forestry’s Private Land Management Specialist Team will meet at 9:30 a.m. at the DNR South Central Region Headquarters, 3911 Fish Hatchery Road, Fitchburg. The team will continue discussions and decisions related to the review of the Wisconsin Forest Landowner Program review such as priorities, level of cost share by practice, batching periods, how to determine “not to exceed rates. The team will also review of the progress on communicating information to owners of expiring MFL orders and consider topics referred by the Cooperating Forester Sub-team. For more information, contact Carol Nielsen, Private Forestry Specialist; phone 608-267-7508.
• November 10 - The Department of Natural Resources will hold a public information open house to provide information for the Lincoln Park and Milwaukee River Channels Sediment Remediation and Restoration Project from 3 to 7 p.m. at the Lincoln Park Golf Course Club House (North of Hampton Avenue just west of I-43), Milwaukee. Representatives from the EPA Great Lakes National Program Office, DNR and Milwaukee County will be on hand to discuss the project, including the results of a feasibility study that describes clean up alternatives evaluated and presents the recommended alternative. The meeting is an open house format to facilitate one-on-one discussion and information sharing. Contact: Marsha Burzynski (414) 263-8708 or by e-mail marsha.burzynski@wi.gov.
• November 10 - The DNR Bear Committee will meet from 9 a.m. until 3:30 p.m. at Gander Mountain located at 1560 County Trunk Hwy. XX, Rothschild. The committee will meet to discuss 2009 bear nuisance and agricultural damage complaints from USDA-Wildlife Services, UW-Madison bear telemetry research, results of the 2009 bear season, and establish preliminary 2010 bear season harvest quotas and permits levels. For more information, please call Linda Olver at (608) 261-7588.
• November 11 - The Governor's Council on Invasive Species will meet from 9 a.m. to noon in the Gathering Waters Conference Room, DNR South Central Region Headquarters, 3911 Fish Hatchery Road, Fitchburg. The Council will discuss implementation of Chapter NR 40 - Wisconsin's Invasive Species Identification, Classification and Control Rule. For more information contact Diane Greisinger at 608-264-8529.
• November 11 -A public meeting on a sound study of the McMiller shooting ranges in the Southern Unit of the Kettle Moraine State Forest will be held at 7 p.m. in the Auditorium of the Southern Unit Kettle Moraine State Forest Headquarters, S91 W39091 Highway 59, Eagle. Hankard Engineering, a sound consultant hired by the DNR to conduct the study with a goal of identifying feasible measures that will reduce the amount of gunshot noise that reaches area residents as well as other forest users, will present the findings and provide audio recordings to demonstrate what was learned. For more information contact Forest Supervisor Paul Sandgren at (262) 594-6200.
• November 12 - The Council on Recycling will meet at 9 a.m. at the Town of Norway Town Hall, 6419 Heg Road, Wind Lake. The Council will hear updates on electronics, mercury and used oil filters and absorbent legislation and discuss the next steps to implement the Council's strategic plan. The Council will adjourn approximately 10:45 a.m. to witness a materials sort at the Veolia ES Emerald Park Landfill, W124S10629 124th St., Muskego. For more information contact: Dan Fields 608-266-5334 or danielb.fields@wisconsin.gov.
• November 13 - The A special meeting of the State Natural Resources Board will convene via teleconference at 10 a.m. originating from 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. The Board will act on an updated request for authorization for public hearings on Board Order WT-14-08, revisions to NR 151, NR 153, and NR 155 pertaining to performance standards and grant programs to address polluted runoff. This request was tabled at the October 21, 2009 Meeting. The rule package has been modified. The board will also act on a request adoption of modifications to Board Order WT-28-04, revisions to NR 115, Wisconsin Shoreland Management Program. This rule was approved as amended at the June 24, 2009 Meeting. These modifications are the result of legislative review. No public testimony will be taken. For more information contact Laurie Ross, Natural Resources Board Liaison at (608) 267-7420.
• November 13 - The Green Tier Clear Waters Initiative Board will meet at 8:30 a.m. at the office of the City of Madison Engineering, 1600 Emil Street, Madison. The group will be discussing: Board Member activities, erosion silt sock maintenance, the cooperative permitting process, permitting of bridges and culverts, outreach to potential new members, and the annual report. For more information contact Laura Bub, Storm Water Specialist at 608-275-3309.
• 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.