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Tuesday November 29

Environmental Protection, Permit | Permits

Contested case hearing on Gollon Bait & Fish Farm permits

Date: 11/29/2022

Time: 9:00 a.m. - 4:30 p.m.

Location: Division of Hearings and Appeals, 4822 Madison Yards Way - S148

Contact 

Sue Burns, susan.burns2@wisconsin.gov

Details 

On Dec. 8, 2020, the Wisconsin Department of Natural Resources (DNR) denied four renewal applications submitted by Gollon Bait & Fish Farm (Petitioner) to renew permits to use natural bodies of water as a fish farm, specifically the applications for Warnke Pond, Cuff Lake, Mack Pond 1, and Breunig Ponds 1&2. On or about January 7, 2021, the Petitioner filed a petition for a contested case hearing pursuant to Wis. Stat. § 227.42, requesting a hearing on the denial of the four permit renewal applications. On Feb. 3, 2021, the DNR reviewed the petition and granted the petition as to some of the issues. On March 4, 2022, the DNR then forwarded the file to the Division of Hearings and Appeals, who assigned the undersigned administrative law judge.

The hearing in this matter was previously scheduled to begin on Aug.15, 2022. At the request of the Petitioner, the matter was rescheduled. The parties have conferred and agreed to a new date for a 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 at the Hill Farms State Office Building, in Room S148, 4822 Madison Yards Way, Madison, Wisconsin 53705 on Nov. 29, 2022 through Dec. 1, 2022, commencing at 9 a.m. and concluding no later than 4:30 p.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 after the parties have presented their evidence and any oral closing argument.

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 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 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. The pandemic may impact the availability of in-person inspection of records. Copies of documents on file for the matter 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.

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