Prehearing Conference On Contested Case Hearing To Dredge Materials From Lake Beulah in the town of East Troy
Date: 01/02/2024
Time: 10:00 a.m. - End of Agenda
Location: Virtual
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 Nov. 7, 2023, the Division of Hearings and Appeals received, for filing, an original request for a hearing from the department. 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 telephonic 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 Jan. 2, 2024 at 10 a.m. Those interested in participating may join the conference by calling 608-571-2209 and entering Meeting ID 832 189 526#. Alternatively, interested persons may request an email invitation to the Teams Phone Conference by contacting the Division of Hearings and Appeals at 608-266-7709.
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
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.
