Contested case hearing regarding Keith and Colleen Mustain permit application to fill in wetlands in town of Oshkosh
Date: 12/09/2024
Time: 8:30 a.m. - 5:00 p.m.
Location: In-Person; See Details for Information
608-266-3865
On or about March 24, 2023, Keith and Colleen Mustain (Petitioners) filed an after-the-fact permit application with the Wisconsin Department of Natural Resources (DNR) under Wis. Stat. § 281.36 for the placement of fill into wetlands on their property located at Government Lot 3, Section 32, Township 19 North, Range 16 East, Town of Oshkosh, Winnebago County (Permit Application IP-NE-2023-71-0090). The DNR denied the application by order dated Sept. 11, 2023.
On Oct. 10, 2023, the Petitioners filed a petition for a contested case hearing with the DNR to review the denial pursuant to Wis. Stat. §§ 227.42 and 281.36 and Wis. Admin. Code ch. NR 2. By letter dated Nov. 9, 2023, the DNR granted the request for a contested case hearing, which the DNR limited to the following issues: (1) whether the DNR properly applied the requirements under Wis. Stat. § 281.36(3b) and (3m) to the Petitioners’ March 24, 2023, individual permit application; and (2) whether the proposed project represents the least environmentally damaging practicable alternative taking into consideration practicable alternatives that avoid wetland impacts and whether all practicable measures to minimize the adverse impacts to wetland functional values will be taken (Wis. Stat. § 281.36(3n)(c)1. & 2.). On Feb. 27, 2024, the Division of Hearings and Appeals received, for filing, an original request for a hearing from the DNR.
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 ch. NR 2 and Wis. Admin. Code § HA 1.12, at 4321 W. College Ave., Suite 260, Appleton, WI 54914 on Dec. 9 through 11, commencing at 8:30 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 should enter an appearance either prior to or at the commencement of the contested case hearing. Information about the hearing may be found on the DNR website 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.
