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PCR20021130 RESOLUTION #P.C. 113-2002 APPROVAL PF THE NON-METALLIC MINNG RECLAMATION PLAN FOR THE PAYNE &DoLAN ASPHALT PLANT ON CROWBAR ROAD (NW %AND SW % OF SECTION 18 T5E R20E AND NE AND SE % OF SECTION 13, T5N. R19E) WHEREAS, Plans were received on July 17, 2002 for the non-metallic mining reclamation operations for the Payne and Dolan property located in the NW % and SW % of Section 18 T5E R20E and the NE % and SE % of Section 13, T5N. R19E, and WHEREAS, The property is currently zoned 1-2, General Industrial District, and the extractive operations and the operation of the portable asphalt plant have been previously approved by Conditional Use Grant #37, and WHEREAS, The City of Muskego Common Council adopted Ordinance #I069 on May 31, 2002 establishing Chapter 38 of the Municipal Code, titled Code for Non-Metallic Minim Reclamation, as required by Chapter NR135 of the Wisconsin Administrative Code, 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, and WHEREAS, Chapter 38.03(2)(b) of the Municipal Code requires that all existing mines submit a reclamation plan to the City prior to August 1, 2002, and the petitioner has met this requirement, and WHEREAS, Chapter 38.03(2)(e) of the Municipal Code requires the City to approve, conditionally approve, or deny the reclamation plan in writing, and WHEREAS, There is an existing $150,000 cash bond on record with the City for site restoration, and the amount is sufficient to conduct site restoration, and WHEREAS, The reclamation plan illustrates a lake measuring 133 acres more-or-less resulting from the natural infill of ground water after extractive operations cease, and a typical section is shown to outline bank restoration, and WHEREAS, Details outlining the preservation of topsoil and subsoil, and seed operation are illustrated, and WHEREAS, The reclamation plan makes no reference to intended land uses after reclamation has occurred, and depicts only open space land uses. 0 THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego 0 does hereby approve of the non-metallic mining operation reclamation plan submitted by Payne and Dolan for the properties located in the NW % and SW % of Section 18 T5E R20E and the NE % and SE % of Section 13, T5N, R19E as required by Chapter 38 of the Municipal Code and NR135 of the State of Wisconsin Natural Resources Code. BE IT FURTHER RESOLVED, That the City of Muskego Prairie Seed Specifications shall be utilized for all restoration with the approval of the City’s Conservation Coordinator BE IT FURTHER RESOLVED, That the City of Muskego Planning Commission and Common Council will make future land use decisions for the Payne and Dolan site at the time reclamation is to occur BE IT FURTHER RESOLVED, That Note VI1 of the reclamation plan regarding Public Access shall be amended to indicate that the public access site provided by Payne & Dolan shall not measure less than 2.0 acres and not less than 100-feet in width at the Ordinary High-Water Mark. Plan Commission City of Muskego 0 Adopted: August 20,2002 Defeated: Deferred: Introduced: August 20, 2002 ATTEST. Sandi Asti, Recording Secretary bd l24l.L