Contested Case Hearing on Mathy Construction/Milestone Materials’ application for Wis. Stat. Chapter 30 permits to conduct nonmetallic mining
CANCELED
Date: 01/27/2022
Time: 8:30 a.m. - 4:30 p.m.
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 conducting nonmetallic mining by removing materials from 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 October 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 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 Eau Claire State Office Building, in Room 129, 718 W. Clairemont Avenue, Eau Claire, WI 54701 on Jan. 24, 2022 through Jan. 27, 2022, commencing at 8:30 a.m. and concluding no later than 4:30 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 should 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 fair play provisions of Wis. Stat. ch. 227 will apply. The procedures relating to contested cases are 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 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 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. The current pandemic may impact the availability of in-person inspection of records. Copies of documents on file for the petitioners 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 608-266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.
