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