Hearings and Meetings Calendar

Regulations | Regulations

Contested Case Hearing To Dredge Materials From Lake Beulah in the town of East Troy

Date: 05/30/2024

Time: 9:00 a.m. - End of Agenda

Location: Waukesha DNR Service Center, Lee Sherman Dreyfus State Office Building - Room 153

Susan Burns, Susan.Burns2@wisconsin.gov

On Aug. 15, 2023, the Wisconsin Department of Natural Resources (Department) issued Permit #IP-SE-2022-65-00919 to Susan Guthart to dredge materials from Lake Beulah located in the SW 1/4, NE 1/4., Section 08, Township 04, Range 18E, in the Town of East Troy, Walworth County. On or about Sept. 14, 2023, RE3 Legal, LLC (Petitioner) filed for a Petition for a Contested Case Hearing with the department pursuant to Wis. Stat. § 30.209.

By letter dated Oct. 16, 2023, the department granted the Petitioner’s request for a contested case hearing on the following issues: (1) whether the department complied with the procedural requirements specified in Wis. Stat. §§ 30.208(3)-(5) prior to issuing the dredging permit; and (2) whether the issuance of the dredging permit was consistent with the public interest in Lake Beulah and therefore met the standard in Wis. Stat. § 30.20(2)(c).

On November 7, 2023, the Division of Hearings and Appeals received, for filing, an original request for hearing from the Department. The hearing was originally scheduled for April 22, 2024. Based on the agreement of the parties, the contested case hearing has been rescheduled.

NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a contested case hearing on the above-captioned matter pursuant to Wis. Stat. § 227.44, Wis. Admin. Code § NR 2.13 and Wis. Admin. Code § HA 1.12 at the Lee Sherman Dreyfus State Office Building, 141 NW Barstow St., Waukesha, Wisconsin on May 30, 2024, in Room 153, and continuing if necessary on May 31, 2024, and June 3, 2024, in Room 151, commencing at 9 a.m. each day. Members of the public desiring to participate in this hearing pursuant to Wis. Admin. Code § NR 2.08 will be allowed the opportunity to do so at the end of the presentation of evidence. Such interested persons must enter an appearance either prior to or at the commencement of the contested case hearing. Information about the hearing may be found at the Department Website (https://dnr.wi.gov/Calendar/Hearings/) and can also be requested from Susan Burns at (608) 266-3865. Please monitor the Department website for updates.

The hearing is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the 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. Said procedures will closely resemble those that are normally followed at a trial in State circuit court. 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 contested case hearing.

The permit application and other information relating to this matter 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 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.

Pursuant to the Americans with Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at 608-266-3865 with specific information on your request prior to the date of the scheduled prehearing or hearing.

Regulations

Contested Case Hearing Prehearing Conference – Denial Of After-The-Fact Permit Application By Keith and Colleen Mustain

Date: 07/24/2024

Time: 1:00 p.m. - End of Agenda

Location: Virtual

Susan Burns, Susan.Burns2@wisconsin.gov

On or about March 24, 2023, Keith and Colleen Mustain (Petitioners) filed an After-the-Fact Permit Application with the Wisconsin Department of Natural Resources (DNR) under Wis. Stat. § 281.36 for the placement of fill into wetlands on their property located at Government Lot 3, Section 32, Township 19 North, Range 16 East, Town of Oshkosh, Winnebago County (Permit Application IP-NE-2023-71-0090). DNR denied the application by order dated September 11, 2023.

On October 10, 2023, the Petitioners filed a petition for a contested case hearing with the DNR to review the denial pursuant to Wis. Stat. §§ 227.42 and 281.36 and Wis. Admin. Code ch. NR 2. By letter dated November 9, 2023, DNR granted the request for a contested case hearing, which DNR limited to the following issues: (1) whether DNR properly applied the requirements under Wis. Stat. § 281.36(3b) and (3m) to the Petitioners’ March 24, 2023 individual permit application; and (2) whether the proposed project represents the least environmentally damaging practicable alternative taking into consideration practicable alternatives that avoid wetland impacts and whether all practicable measures to minimize the adverse impacts to wetland functional values will be taken (Wis. Stat. § 281.36(3n)(c)1. & 2.).

On February 27, 2024, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR.

NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, via Microsoft Teams on July 24, 2024 at 1 p.m. To connect to the conference call, dial 1-608-571-2209, and then enter Meeting ID: 445-725-908# when prompted.

Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a scheduling order, address any other matters as may aid in the disposition of the action, and choose the date(s) for the contested case hearing. No testimony will be heard at the prehearing conference.

The permit application and other information relating to this matter 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 may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.

Pursuant to the Americans with Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at 608-266-3865 with specific information on your request prior to the date of the scheduled prehearing or hearing.