Public Hearing On Alleged Unlawful Structure On The Bed Of Lake Michigan In The Town Of Sevastopol
Date: 05/17/2023
Time: 10:30 a.m. - End of Agenda
Location: Virtual
Susan Burns, Susan.Burns2@wisconsin.gov or 608 266-3865
On August 29, 2022, David R. Krause filed an After-the-Fact Permit Application with the Wisconsin Department of Natural Resources (DNR) under Wis. Stat. §§ 30.12 and 30.28 for the placement of a steel seawall and fill material along the shoreline and below the ordinary high water mark (OHWM) of Lake Michigan located at 4696 Bark Road in the NE 1/4, SE 1/4, Sec. 16, T. 28N, R. 27E, Town of Sevastopol, Door County (Permit Application IP-NE-2022-15-03206). DNR denied the application by order dated November 22, 2022.
On December 21, 2022, Mr. Krause filed a petition for a contested case hearing with the DNR to review the denial pursuant to Wis. Stat. §§ 30.209 and 227.42 and Wis. Admin. Code § NR 2.05. By letter dated January 20, 2023, DNR granted the request for a contested case hearing, which DNR limited to the following issue: whether DNR properly determined that After-the-Fact Permit Application IP-NE-2022-15-03206 failed to meet the standards of Wis. Stat. § 30.12.
On March 16, 2023, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR. The request is for a consolidated hearing on two issues: (1) Mr. Krause’s request for administrative review of DNR’s denial of the After-the-Fact Permit Application; and (2) a request by DNR for nuisance abatement under Wis. Stat. § 30.03.
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 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 May 17, 2023 at 10:30 a.m. Interested persons must contact the Division of Hearings and Appeals at (608) 266-7709 for instructions on how to attend the prehearing conference.
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.
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 Milwaukee State Office Building, Room 310, 819 N. 6th Street., Milwaukee, Wisconsin on June 26, 2023 through June 30, 2023, 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 at 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.
