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PCR2002028RESOLUTION #PC. 028-2002 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 BDOLAN (NE AND SE ?4 OF SECTION 13, T5N, R19E) WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal of Conditional Use Grant #37. held by Payne 8 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 held before the Plan Commission on March 5,2002. and WHEREAS, There is an existing $150,000 bond for site restoration on file with the City, 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 if Wisconsin Natural Resources Code, and as such received an automatic permit for operation from the Wisconsin DNR, and THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby Conditional Use Grant #37 and the approval for the renewal of the permit for continued operation recommend to the Common Council approval for the renewal of the extraction permit for the of the portable asphalt plant on Crowbar Road. BE IT FURTHER RESOLVED, That the asphalt plant process no more than 350 tons per hour as amended in Resolution #P.C. 07-98. BE IT FURTHER RESOLVED, That Payne B Dolan shall provide a reclamation plan to the City for approval before the Plan Commission prior to August 1, 2002 at outline in Chapter 38 of the Muskego Municipal Code. THEREFORE BE IT FURTHER RESOLVED, That included in the conditional use. the petitioner will self-regulate the monitoring of trucking and provide neighbors with information of contact personnel to resolve potential disputes. Plan Commission City of Muskego Adopted: March 5, 2002 Defeated: Deferred: Introduced: March 5, 2002 ATTEST. Sandi Asti. Recording Secretary