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PCR2015007RESOLUTION #P.C. 007-2015 APPROVAL OF PERMIT RENEWAL FOR THE CONDITONAL USE GRANT #37 AND THE APPROVAL FOR THE RENEWAL OF 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 asphalt plant, and WHEREAS, All fees have been paid and the public hearing will be held befor e the Plan Commission on March 3, 2015, and WHEREAS, There is an existing $287,000 bond for site restoration on file with the City, and WHEREAS, In 2010 the Plan Commission wanted the bond amount to be re-evaluated ever five (5) years to ensure the bond is sufficient enough to be able to properly reclaim the site if needed, and WHEREAS, Payne & Dolan re-evaluated the bond amount and have agreed to raise the bond to $317,000 based on the scope of work and the consumer price index, 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 Grant, 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 approve 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 asphalt plant on Crowbar Road. BE IT FURTHER RESOLVED, That Payne & Dolan are altering their site restoration bond to $317,000 and said bond must be filed with the City of Muskego. Plan Commission City of Muskego Adopted: March 3, 2015 Defeated: Deferred: Introduced: March 3, 2015 ATTEST: Kellie McMullen, Recording Secretary