PCR2003015RESOLUTION #P.C. 015-2002
APPROVAL OF AN AMENDMENT TO THE NON-METALLIC MINING RECLAMATION PLAN
FOR THE PAYNE & DOLAN PROPERTY ON CROWBAR ROAD (NW ¼ AND SW ¼ OF
SECTION 18 T5E R20E AND NE ¼ AND SE ¼ OF SECTION 13, T5N, R19E)
WHEREAS, Plans were received on February 7, 2003 to amend the adopted non-metallic mining
reclamation plan for the Payne and Dolan property located in the NW ¼ and SW ¼ of Section 18
T5E R20E and the NE ¼ and SE ¼ of Section 13, T5N, R19E, and
WHEREAS, The property is currently zoned I-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 #1069 on May 31, 2002
establishing Chapter 38 of the Municipal Code, titled Code for Non-Metallic Mining 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, and the Plan Commission approved the previous reclamation plan in
Resolution #PC 113-2002 on August 20, 2002, and
WHEREAS, Section 38.03(4) of the Municipal Code does not require public notice, informational
hearings, or public hearings for reclamation plan approvals or revisions to reclamation plans at
existing mines, and
WHEREAS, The revised reclamation plan illustrates the removal of a 4.0 acre parcel from the
reclamation plan, and the remainder of the plan is unchanged from Resolution #PC 113-2002,
including: 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, 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, 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.
THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby
approve of the revised non-metallic mining operation reclamation plan submitted by Payne and
Dolan on February 7, 2003 for the properties located in the NW ¼ and SW ¼ of Section 18 T5E
R20E and the NE ¼ and SE ¼ 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 Planning Commission and Common
Council will make future land use decisions for the Payne and Dolan site at the time reclamation
is to occur.
Plan Commission
City of Muskego
Adopted: February 18, 2003
Defeated:
Deferred:
Introduced: February 18, 2003
ATTEST: Sandi Asti, Recording Secretary