Prehearing Conference for Contested Case Hearing on Mathy Construction/Milestone Materials’ application for Wis. Stat. Chapter 30 permits to conduct nonmetallic mining
Date: 12/08/2021
Time: 10:00 a.m. - End of Agenda
Location: Virtual
Division of Hearings and Appeals, 608-266-7709
On May 28, 2021, the Wisconsin Department of Natural Resources (DNR) denied Mathy Construction/Milestone Materials’ (“Petitioner”) application for Wis. Stat. Chapter 30 permits to conduct nonmetallic mining by removing materials form the bed and bank of Taylor Creek as well as an additional pond connected to the Chippewa River. Petitioner had been granted permits for this nonmetallic mining in 2010, which was extended and expires April 29, 2022. The DNR determined that the Petitioner’s proposed mining activity is and has been detrimental to the public interest in Taylor Creek and the Chippewa River and denied the application.
On June 24, 2021, the Petitioner filed a Petition for Administrative Review with the DNR to review the decision to deny the application, pursuant to Wis. Stat. § 30.209(1m) and Wis. Admin. Code § NR 310.18(1).
By letter dated July 26, 2021, the DNR granted the request for a contested case hearing and limited the hearing to the following issue: whether the DNR properly determined that Permit Application IP-WC-2020-18-00477 failed to meet the standards of Wis. Stat. §§ 30.19 and 30.20 and Wis. Admin. Code Chs. NR 299 and 340.
On Oct. 1, 2021, 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 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 the BlueJeans videoconferencing platform Dec. 8, 2021 at 10 a.m.
Interested persons must contact the Division of Hearings and Appeals at (608) 266-7709 for instructions on how to attend the prehearing conference.
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.
