Contested Case Hearing Prehearing Conference – Denial Of After-The-Fact Permit Application By TDM Estate, LLC & Nuisance Abatement Action
Date: 05/16/2024
Time: 10:00 a.m. - End of Agenda
Location: Virtual
Susan Burns, Susan.Burns2@wisconsin.gov
TDM Estate, LLC has filed an After-the-Fact Permit Application with the Wisconsin Department of Natural Resources (DNR) under Wis. Stat. §§ 30.12 and 30.208 for the placement of fill material and riprap below the ordinary high water mark (OHWM) of Lake Puckaway at its property located at NW1/4, SE1/4, Section 21, Township 15 North, Range 11 East in the Town of Mecan, Marquette County, Wisconsin (Permit Application IP-NE-2023-30-00989). DNR denied the application by order dated Oct. 3, 2023.
On Nov. 2, 2023, TDM Estate, LLC 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 ch. NR 2. By letter dated Dec. 4, 2024, DNR granted the request for a contested case hearing, which DNR limited to the following issues: (1) whether the proposed project to place fill material and riprap below the OHWM of Lake Puckaway was detrimental to the public interest and therefore failed to meet the standard in Wis. Stat. § 30.12(3m)(c)(2); (2) whether the riprap placed below the OHWM of Lake Puckaway met the exemption criteria in Wis. Stat. § 30.12(1g)(jm); and (3) whether a decision issuing the permit must be considered to be rendered pursuant to Wis. Stat. § 30.208(3)(f).
On Feb. 20, 2024, 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) TDM Estate, LLC’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.
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 16, 2024 at 10 a.m. To connect to the conference call, dial 608-571-2209 and then enter Meeting ID: 256-301-958# when prompted.
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, and address any other matters as may aid in the disposition of the action. No testimony will be heard at the prehearing conference.
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.
