Hearings and Meetings Archive
Prehearing Conference: Gordondale Farms Inc., DNR-24-0005
Date: 10/02/2024
Time: 10:00 a.m. - End of Agenda
Location: Virtual
Division of Hearings and Appeals, 608-266-7709
On May 30, 2024, the Wisconsin Department of Natural Resources (Department) noticed the final determination to issue WPDES Permit WI-0062359-03-01 to Gordondale Farms Inc. (Permittee). On June 18, 2024, Lisa Anderson, Gary Anderson, Katy Bailey, Stacy O’Carroll, and Marianne Walker (Petitioners) filed a Petition for a Contested Case Hearing with the Department pursuant to Wis. Stat. §§ 227.42-227.50 and 283.63.
By letter dated July 2, 2024, the Department granted the Petitioners’ request for a contested case hearing on six issues. The issues for hearing are:
(1). When the Department issued the Modified Permit did the Department fail to follow state law public participation requirements in Wis. Stat. §§ 283.39, 283.49 and Wis. Admin. Code §§ NR 203.04, 203.08, 203.12 and 203.135? If the Department failed to follow public participation requirements, is the Modified Permit invalid?
(2). Is the Modified Permit invalid because there was a pending contested case petition on the previously issued permit for Gordondale Farms which the Department had granted but had not transmitted to the Division of Hearings and Appeals in accordance with Wis. Stat. § 227.43(2)(a) and Wis. Admin. Code § NR 2.055?
(3). Are Sections 2 and 3.7 of the Modified Permit unreasonable because they fail to ensure compliance with groundwater quality standards under Wis. Stat. §§ 283.31(3) and (4), and Wis. Admin. Code §§ NR 243.13(1), 243.13(5), 243.14(2), 243.14(2)(b)(3), 243.15(7), and 243.19(1)?
(4). Are Sections 2 and 3.7 of the Modified Permit unreasonable because the modified terms and conditions removed the requirement for Phase 2 groundwater monitoring?
(5). Are Sections 2 and 3.7 of the Modified Permit unreasonable because the modified terms removed the requirement that groundwater monitoring occur at a field where Gordondale Farms conducts typical tillage, cropping, and nutrient application practices?
In the matter of WPDES Permit No. WI-0062359-03-2 for Gordondale Farms Inc.
DHA Case No. DNR-24-0005
DNR Case Nos. 24-017
DNR-23-0009
Page 2 of 3
(6). Are Sections 2 and 3.7 of the Modified Permit unreasonable because the sampling frequency for groundwater monitoring is insufficient?
On August 7, 2024, the Division of Hearings and Appeals received, for filing, an original request for hearing from the Department. The parties have conferred and agreed to a date for a prehearing conference.
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, at 10:00 am on October 2, 2024, via Microsoft Teams. Interested persons may request an email invitation to the Teams Telephone Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. In the alternative, those interested may participate by telephone by calling (608) 571-2209 and entering Phone Conference ID 906 042 222#.
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 hearing in this matter 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 permits, petitions 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. Copies of documents on file related to the permit 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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Public hearing on a permanent rule (WA-11-22) relating to chs. NR 500 to 524 and landfills, solid waste management fees, financial responsibility and reporting requirements
Date: 09/30/2024
Time: 2:30 p.m. - End of Agenda
Location: Virtual
Kate Strom Hiorns, Kathrynm.Stromhiorns@wisconsin.gov or 608 294-8663
This is a public hearing on a proposed rule, Board Order WA-11-22, relating to chs. NR 500 to 520 and landfills, solid waste management fees, financial responsibility and reporting requirements.
Preregistration is strongly encouraged if you plan to provide spoken comments during the hearing. To preregister, please save and complete the fillable appearance slip and send it to Kathrynm.Stromhiorns@wisconsin.gov.
You may also send written comments on the rule to DNRAdministrativeRulesComments@wisconsin.gov by 11:59 p.m. on Oct. 7, 2024. Written comments will have the same weight and effect as spoken testimony presented at the hearing.
View the hearing notice, proposed rule and hearing appearance form online.
Join this hearing on Microsoft Teams.
Join by phone: 608-571-2209
Meeting ID 538869272#
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Remediation And Redevelopment Rule Advisory Committee
CANCELED
Date: 09/27/2024
Time: 12:00 p.m. - 2:00 p.m.
Location: In-Person & Virtual Options; See Details for Information
Molly Schmidt, MollyE.Schmidt@wisconsin.gov or 608-219-2153
The Rule Advisory Committee (RAC) is advising DNR Remediation and Redevelopment Program staff in developing administrative rule changes affecting Wis. Admin. Code chs. NR 700-799.
The DNR and the RAC will discuss rule changes relating to continuing obligations under the scope statement for board order RR-14-23, which proposes developing administrative rules that affect chapters NR 700, 708, 714, 722, 724, 725, 726, 727 and 749 related to definitions, notifications, fees, agreements, reports and procedures for interim action and remedial action continuing obligations for environmental contamination.
Note: This meeting is tentatively scheduled to allow continued discussions if needed following the Sept. 20, 2024, meeting of the RAC. Visit the DNR's NR 700 Rule Changes webpage to check the meeting status and find meeting agendas, materials and additional information.
Register to join this meeting on Zoom.
Join in-person:
State Natural Resources Building (GEF 2)
Rm. G09
101 S Webster St.
Madison, WI
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Xcel Energy’s W3351/ W3353 Saxon Pump Transmission Line Rebuild Project-Wetland Permit Public Informational Meeting
Date: 09/27/2024
Time: 10:00 a.m. - 12:00 p.m.
Location: Virtual
Weston Matthews, Weston.Matthews@wisconsin.gov or 608-228-9164
Xcel Energy c/o Sarah Schwartz, 1414 W. Hamilton Ave., PO Box 8, Eau Claire, WI, 54701, has applied to the Department of Natural Resources (DNR) for a permit for wetland impacts and temporary clear span bridge installation. The project is located in Section 35, Township 47N, Range 01E, Sections 1 and 2, Township 46N, Range 01E, and Sections 6, 8, 9, 10, 15, 22 and 23, Township 46N, Range 02E, in the town of Kimball, Iron County.
The Project proposes to rebuild the existing W3351 88 kilovolt (kV)/W3353 34.5 kV Saxon Pump transmission line. The overall Project is approximately 8.2 miles long. The rebuild will occur both within the existing right of way (ROW) corridor and within new ROW corridor as new alignment. Approximately 6.6 miles will be rebuilt within the existing ROW corridor and will require expansion of the ROW to 100 feet in width. Approximately 1.6 miles will be rebuilt in new alignment within a new ROW corridor 50 feet in width. A new alignment will run straight north along Valley Road to Highway 2, then back east along Highway 2 to structure 261. The new alignment is planned to remove structures from Northwoods Paving’s quarry. The Project is planned to take place in two phases. Clearing will be begin in October of 2024 and February 2025. Phase 1 will take place between March and October 2025 and will begin at N. County Highway D at structure 314 and run northwest to Valley Road at Structure 268. Phase 2 rebuild will take place between March and October 2026 and will begin just north of Highway 2 at structure 260 and run northwest to the Saxon Pump Substation. Areas that require restoration will be temporarily restored promptly upon completion of construction and permanent stabilization will occur as soon as possible.
The Project as proposed will result in a total of up to 8.303 acres of temporary wetland fill from the placement of construction matting, 0.067 acres of permanent wetland fill from the replacement, installation, and/or removal of pole structures, and 7.891 acres of wetland conversion. Multiple waterways intersect the Project. Waterways located within the temporary access roads will be traversed for vehicle and equipment access; a total of 13 temporary clear span bridges (TCSB’s) are proposed as part of the project.
The DNR will review the proposal provided by the applicant and any information from public comments and the public informational hearing. The DNR will determine whether the proposal complies with ss. 1.11, 30.123, 30.208, and 281.36, Wis. Stats., and ch. NR 150, Wis. Adm. Code, and ensure that the required mitigation meets the standards in s. 281.36(3r), Stats. if the project impacts wetlands.
Join this meeting via Zoom.
Meeting ID: 839 2013 8770; Passcode: 545473
Join this meeting via phone: 312-626-6799
Meeting ID: 839 2013 8770; Passcode: 545473
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Remediation And Redevelopment Rule Advisory Committee
CANCELED
Date: 09/27/2024
Time: 9:00 a.m. - 11:00 a.m.
Location: In-Person & Virtual Options; See Details for Information
Molly Schmidt, MollyE.Schmidt@wisconsin.gov or 608-219-2153
The Rule Advisory Committee (RAC) is advising DNR Remediation and Redevelopment Program staff in developing administrative rule changes affecting Wis. Admin. Code chs. NR 700-799.
The DNR and the RAC will discuss rule changes relating to continuing obligations under the scope statement for board order RR-14-23, which proposes developing administrative rules that affect chapters NR 700, 708, 714, 722, 724, 725, 726, 727 and 749 related to definitions, notifications, fees, agreements, reports and procedures for interim action and remedial action continuing obligations for environmental contamination.
Note: This meeting is tentatively scheduled to allow continued discussions if needed following the Sept. 20, 2024, meeting of the RAC. Visit the DNR's NR 700 Rule Changes webpage to check the meeting status and find meeting agendas, materials and additional information.
Register to join this meeting on Zoom.
Join in-person:
State Natural Resources Building (GEF 2)
Rm. G09
101 S Webster St.
Madison, WI
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Public Hearing for Microsoft MKE 09-14 Wetland Individual Permit Application
Date: 09/26/2024
Time: 6:00 p.m. - End of Agenda
Location: In-Person & Virtual Options; See Details for Information
Tom Pearce, Thomas.Pearce@wisconsin.gov or 608-800-1643.
This is a public informational hearing for the proposed wetland individual permit application for the Microsoft data center project in Mt. Pleasant, Wis., MKE 09-14.
The DNR will provide an overview of the project, and any member of the public may provide comments. Public comments are also welcome until ten days after this hearing, Oct. 6, 2024. See the public notice for more information.
Join this meeting via Microsoft Teams.
Meeting ID: 257 453 263 032; Passcode: deMun7
Join in-person:
Mount Pleasant Auditorium
8811 Campus Drive
Mt Pleasant, WI 53406
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Laboratory Certification Standards Review Council Quarterly Meeting
Date: 09/24/2024
Time: 9:00 a.m. - End of Agenda
Location: In-Person & Virtual Options; See Details for Information
Tom Trainor, Tom.Trainor@wisconsin.gov or 920-412-5970
This is a regular meeting (quarterly) of the Laboratory Certification Standard Review Council. The agenda for this meeting can be found on the Laboratory Certification Standards Review Council webpage.
Join this meeting on Microsoft Teams.
Meeting ID: 259 429 994 288; Passcode: AZnS2Q
Join by phone: 608-571-2209; Phone Conference ID: 114 034 930#
Join in-person:
Wisconsin State Laboratory of Hygiene
Fish Bowl Conference Room (Second Floor)
2601 Agriculture Drive
Madison, WI 53718
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Remediation and Redevelopment Rule Advisory Committee
CANCELED
Date: 09/20/2024
Time: 12:00 p.m. - 2:00 p.m.
Location: In-Person & Virtual Options; See Details for Information
Molly Schmidt, MollyE.Schmidt@wisconsin.gov or 608-219-2153
The Rule Advisory Committee (RAC) advises DNR Remediation and Redevelopment Program staff on administrative rule changes affecting Wis. Admin. Code chs. NR 700-799.
The DNR and the RAC will discuss rule changes relating to soil standards under the scope statement for board order RR-15-23, which proposes developing Wisconsin administrative rules that affect chapters NR 700, 720 and 722 related to definitions, land use classifications, procedures for identifying environmental standards for soil and soil cleanup standards used to investigate and remediate environmental contamination.
Visit the DNR's NR 700 Rule Changes webpage for meeting agendas, materials and additional information.
Register to join this meeting on Zoom.
Join in-person:
In-person attendees must register to enter the meeting location. To register, contact MollyE.Schmidt@wisconsin.gov by noon on Sept. 19, 2024.
State Natural Resources Building (GEF 2)
Room G-09
101 S. Webster St.
Madison, WI
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Urban Forestry Council Meeting
Date: 09/20/2024
Time: 9:30 a.m. - 3:00 p.m.
Location: Milwaukee DNR Service Center, 1027 W. St. Paul
Jenn Janness, Jennipher.Janness@wisconsin.gov
This is a quarterly meeting of the Urban Forestry Council.
Event location:
Wisconsin Department of Natural Resources
Harbor Room 107
1027 W St Paul Ave.
Milwaukee, WI 53233
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Remediation and Redevelopment Rule Advisory Committee
CANCELED
Date: 09/20/2024
Time: 9:00 a.m. - 11:00 a.m.
Location: In-Person & Virtual Options; See Details for Information
Molly Schmidt, MollyE.Schmidt@wisconsin.gov or 608-219-2153
The Rule Advisory Committee (RAC) advises DNR Remediation and Redevelopment Program staff on administrative rule changes affecting Wis. Admin. Code chs. NR 700-799.
The DNR and the RAC will discuss rule changes relating to continuing obligations under the scope statement for board order RR-14-23, which proposes developing administrative rules that affect chapters NR 700, 708, 714, 722, 724, 725, 726, 727 and 749 related to definitions, notifications, fees, agreements, reports and procedures for interim action and remedial action continuing obligations for environmental contamination.
Visit the DNR's NR 700 Rule Changes webpage for meeting agendas, materials and additional information.
Register to join this meeting on Zoom.
Join in-person:
In-person attendees must register to enter the meeting location. To register, contact MollyE.Schmidt@wisconsin.gov by noon on Sept. 19, 2024.
State Natural Resources Building (GEF 2)
Room G-09
101 S. Webster St.
Madison, WI
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