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PCR2009009 AMENDED RESOLUTION #P.C. 009-2009 RECOMMENDATION FOR THE RENEWAL OF THE PERMIT FOR THE CONDITONAL USE GRANT #37 AND THE APPROVAL FOR THE RENEWAL FOR THE CONTINUED OPERATION OF THE ASPHALT PLANT ON CROWBAR ROAD FOR PAYNE & DOLAN LOCATED IN THE NE AND SE ¼ OF SECTION 13, T5N, R20E WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal of Conditional Use Grant #37, held by Payne & Dolan Company for an extractive permit, and WHEREAS, That request also includes renewal for the operation of the portable asphalt plant, and WHEREAS, All fees have been paid and the public hearing will be held before the Plan Commission on March 3, 2009, and WHEREAS, There is an existing $150,000 bond for site restoration on file with the City, and WHEREAS, A Reclamation Plan was approved by the Plan Commission on August 20, 2002 as per Resolution #P.C. 113-2002, and WHEREAS, Per the conditional use, the petitioner will self-regulate the monitoring of trucking and provide neighbors with information of contact personnel to resolve potential disputes, and WHEREAS, This site is classified as an existing mine as defined by Chapter 38 of the Muskego Municipal Code and NR135 of the State of Wisconsin Natural Resources Code, and as such received an automatic permit for operation from the Wisconsin DNR. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby recommend to the Common Council approval for the renewal of the extraction permit for the Conditional Use Grant #37 and the approval for the renewal of the permit for continued operation of the portable asphalt plant on Crowbar Road. Plan Commission City of Muskego Adopted: March 3, 2009 Defeated: Deferred: Introduced: March 3, 2009 ATTEST: Kellie McMullen, Recording Secretary