NR 670.409(1)(a) (a) The application and any supporting data furnished by the applicant.

NR 670.409(1)(b) (b) Fact sheets required under s. NR 670.408 and all documents cited in the fact sheets.

NR 670.409(1)(c) (c) The environmental analysis if required by ch. NR 150.

NR 670.409(1)(d) (d) Other documents contained in the supporting file for the preliminary determination.

NR 670.409(1)(e) (e) Any other information considered by the department.

NR 670.409(2) (2) The department shall base final license decisions under s. NR 670.415 on the administrative record which consists of the following:

NR 670.409(2)(a) (a) The administrative record for the preliminary determination in sub. (1).

NR 670.409(2)(b) (b) The public notices.

NR 670.409(2)(c) (c) All comments and written materials received during the public comment period provided under s. NR 670.410.

NR 670.409(2)(d) (d) The response to comments required by s. NR 670.417 and any new material placed in the record under that section.

NR 670.409(2)(e) (e) Other documents contained in the supporting file for the license.

NR 670.409(2)(f) (f) Any other information considered by the department.

NR 670.409(3) (3) If a contested case hearing under s. 289.27, Stats., is held, the department’s final determination shall also consider all comments received during the written comment periods and at any informational hearings, and shall consider the department’s responses to comments.

NR 670.409(4) (4) Material readily available at the department, or published materials which are generally available and which are included in the administrative record under this section need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the fact sheet or in the response to comments.

NR 670.409 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 13-022: am. (1) (c) Register March 2014 No. 699, eff. 4-1-14; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699.

NR 670.410 NR 670.410 Public notice and public comment period.

NR 670.410(1) (1) Scope.

NR 670.410(1)(a) (a) The department shall give public notice that any of the following actions have occurred:

NR 670.410(1)(a)1. 1. The department has completed the environmental review process under ch. NR 150.

NR 670.410(1)(a)2. 2. A license application has been determined to be complete under s. NR 670.403 (3).

NR 670.410(1)(a)3. 3. A preliminary determination has been issued to approve or deny the license application under s. NR 670.406.

NR 670.410(1)(a)4. 4. A hearing has been scheduled under s. NR 670.412.

NR 670.410(1)(b) (b) No public notice is required when a request for license modification, revocation and reissuance, or revocation or denial is denied under s. NR 670.405 (2). Written notice of that denial shall be given to the requester and to the licensee.

NR 670.410(1)(c) (c) Public notices may describe more than one license or license actions.

NR 670.410(2) (2) Timing.

NR 670.410(2)(a) (a) Public notice of the preliminary determination required under sub. (1) shall allow at least 45 days for public comment.

NR 670.410(2)(b) (b) If a hearing is to be held under ss. 289.26 or 289.27, Stats., public notice of the hearing shall be given at least 30 days before the hearing.

NR 670.410(3) (3) Methods. Public notice of activities described in sub. (1) (a) shall be given by the following methods:

NR 670.410(3)(a) (a) By mailing a copy of a notice to the following persons (any persons otherwise entitled to receive notice under this paragraph may waive their rights to receive notice for any classes and categories of licenses).