RESCHEDULED CONTESTED CASE HEARING FOR DNR Case Nos. DNR-22-049 and DNR-23-010
Date: 08/02/2023
Time: 8:30 a.m. - End of Agenda
Location: Milwaukee State Office Building, 819 N. 6th St. - Room 518
Susan Burns, 608-266-3865
In the Matter of the Denial of After-the-Fact Permit Application IP-NE-2022-15-03206 resulting in the placement of steel seawall and fill material along the shoreline and below the OHWM of Lake Michigan, in the Town of Sevastopol, Door County
Investigation on Motion of the Department of Natural Resources and Abatement of an Alleged Unlawful Structure on the bed of Lake Michigan, in the Tow
NOTICE IS HEREBY GIVEN that the contested hearing on the above-captioned matter has been rescheduled. The State of Wisconsin Division of Hearings and Appeals will hold the contested case hearing 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 518, 819 N. 6th Street., Milwaukee, Wisconsin on Aug. 2, Aug. 3, Aug. 4, and Aug. 8, 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 issues for hearing are as follows. On Aug. 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 Nov. 22, 2022.
On Dec. 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 Jan. 20, 2023, the DNR granted the request for a contested case hearing, which the DNR limited to the following issue: whether the 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 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.
