Contested Case Hearing Regarding Coverage Granted to the Three Lakes School District under Wetland General Permit WDNR-GP04-2018 for Wetland Fill
Date: 07/31/2023
Time: 9:00 a.m. - End of Agenda
Location: Oneida County Courthouse, 1 S. Oneida Ave.
Susan Burns, 608-266-3865
In July 2018 the DNR granted coverage to the School District under Wetland General Permit WDNR-GP04-2018. Permission was granted for the School District to impact .207 acres of wet meadow wetland to develop a shooting range located in the NE 1/4, SE 1/4, Sec. 17, T. 38, R. 10E, Town of Sugar Camp, Oneida County. On Jan. 27, 2023, the Petitioners filed a Petition for a Contested Case Hearing with the DNR to review the decision to grant coverage under the general wetland permit pursuant to Wis. Stat. §§ 227.42 and 281.36.
By letter dated Feb. 16, 2023, the DNR granted the request for contested case hearing but limited the hearing to the following issue:
Whether the proposed project meets the eligibility criteria and conditions of WDNR-GP4-2018.
A prehearing conference was held on April 25, 2023 and a scheduling order was entered setting the contested case hearing commencing on July 31, 2023.
The issue(s) for hearing were clarified to identify the five eligibility criteria under the general permit that the Petitioners are contesting have not been met consistent with Wis. Stat. § 281.36(3g), including the following:
(a) Project discharge does not affect more than 10,000 square feet (0.23 acre) of wetland as part of a single and complete project;
(b) The proposed project cannot avoid wetland impacts;
(c) The proposed project minimizes wetland impacts to the greatest extent practicable;
(d) The discharge will cause only minimal adverse environmental effects; and
(e) The project will be constructed in a manner that will maintain wetland hydrology in the remaining wetland complex.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a contested case hearing in the above captioned case, pursuant to Wis. Stat. § 281.36(3q), Wis. Stat. § 227.44, Wis. Stat. § 227.46, and Wis. Admin. Code § Chapter NR 2, from July 31, 2023 through Aug. 2, 2023, at the Oneida County Courthouse, 1 S. Oneida Avenue, Committee Room #2, 2nd Floor, in Rhinelander, Wisconsin.
Please note that, on Aug. 2, 2023, the contested case hearing will begin at 9 a.m., but will recess at 3 p.m. It is expected that testimony will be heard at the contested case hearing. The contested case hearing will be a Class 1 contested case, pursuant to Wis. Stat. § 227.01(3)(a). The procedures set forth in Wis. Stat. § 227.46(1) and Wis. Admin. Code § Chapter NR 2 will be followed and those procedures will closely resemble those which are normally followed at a trial in State Circuit Court.
Members of the public will be provided an opportunity to present comments at the outset of the hearing consistent with Wis. Admin. Code § NR 2.08(2). Time limits for submission of public comments may be imposed at the discretion of the administrative law judge.
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.
