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Breunig Lakeside Enterprises Contested Case Hearing

Date: 10/21/2024

Time: 2:30 p.m. - End of Agenda

Location: Virtual

State Of Wisconsin Division Of Hearings And Appeals, 608-266-2447

In the Matter of the Denial of Breunig Lakeside Enterprises, LLC’s After-the-Fact Permit Application IP-NE-2023-24-02961 to Place a 550 Linear-Foot Vertical Concrete Jersey Barrier Wall Below the Ordinary High Water Mark (OHWM) of a Channel Off Lake Puckaway in the Village of Marquette, Green Lake County; and
Nuisance Abatement Action on Motion of the Department of Natural Resources for Removal of a 550 Linear-Foot Vertical Concrete Jersey Barrier Wall Below the Ordinary High Water Mark (OHWM) of a Channel Off Lake Puckaway in the Village of Marquette, Green Lake County.

On September 4, 2024, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR. The parties have conferred and agreed to a date for a prehearing conference and dates for the contested case hearing.

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 October 21, 2024 at 2:30 p.m. Interested persons may request an email invitation to the Teams Video Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. In the alternative, those interested in participating may participate by telephone by calling (608) 571-2209 and entering Meeting ID 931 885 96#.

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 discovery schedule, address any other matters as may aid in the disposition of the action, and confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference.

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 Green Lake County Government Center, Second Floor – Courtroom 2, 571 County Road A, Green Lake, Wisconsin on November 18, 2024, and continuing if necessary on November 19 and 20, 2024, 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 DNR Website (https://dnr.wi.gov/Calendar/Hearings/) and can also be requested from Susan Burns at (608) 266-3865. Please monitor the DNR 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.