Plan commission approves 30-year conditional use permit for nonmetallic mining at 7795 West Avenue with conditions

The Western Plan Commission approved a conditional use permit May 12 to allow phased nonmetallic mineral extraction and on‑site processing at 7795 West Avenue, subject to conditions the commission added to address drainage, hours and operational impacts.

The permit covers extraction and off‑site transport from a roughly 15‑acre excavation area in three phases; staff and the applicant told the commission the project team has obtained a Wisconsin Department of Natural Resources notice of intent (NOI) and will provide the county reclamation documentation required by Marathon County. Marathon County land use analyst Theo Fixon told the commission he would answer questions about the county’s reclamation requirements and said reclamation issues fall under the county’s jurisdiction.

Commissioners and neighbors focused on surface‑water and dewatering impacts. Planning staff member Jen (surname not given) told the commission the applicant had submitted a stormwater pollution prevention plan and civil designs; staff recommended approval with several conditions that would be attached as permit exhibits. Several neighbors said they were worried that pumping and dewatering during excavation would increase flooding on downstream properties. Neighbor Brian Zinzer said he owns property immediately south of the site and that the area already is “very wet,” adding: “I don't need any more water downstream from a project like that.” Applicant representatives said the project includes ponding and grading intended to add storage and relieve regional flooding; applicant Gary Gurn said the pond “isn't really gonna affect anything to do with the neighboring properties” and that the team would coordinate with village staff on dewatering.

The commission discussed hours, crushing operations, security and fuel storage. Staff recommended limiting crushing activity and aligning crushing hours with prior permits; commissioners asked that crushing be limited to Monday–Friday 7 a.m.–5 p.m. (with seasonal or other limits to be reflected in the permit language). The applicant said on‑site fuel would be kept in a portable tank rather than a permanent bulk storage system. Marathon County staff confirmed the county reclamation permit runs with the life of the mine; the commission nonetheless added a 30‑year expiration on the village conditional use permit so the local land‑use approval would be revisited if the site remained active long term.

Action: Commissioner Jordan moved to approve the conditional use permit with the written conditions prepared by staff, modification of crushing hours, removal of a full‑site fencing requirement in favor of a gated security entrance, requirement that on‑site fuel be portable (no permanent bulk tank), and a 30‑year village permit expiration; Commissioner Mumper seconded. On voice vote the motion carried and the commission approved the permit.

The permit approval includes (1) the applicant’s stormwater pollution prevention plan and civil plan set as Exhibit A; (2) county and state permits to be provided to village staff; (3) hours of operation and a specific crushing‑hours limitation; (4) a requirement that fuel storage be portable rather than permanent bulk tanks; (5) a security/gate requirement at the site entrance rather than a full site fence; and (6) a 30‑year village conditional use permit expiration (with county reclamation to proceed under county rules). The commission recorded that Marathon County will oversee reclamation standards and that the applicant must comply with DNR and county requirements before site work proceeds.

Commissioners and applicants said they will continue coordination with village staff and Marathon County on culvert upgrades, discharge routing and other drainage measures intended to reduce risk to neighboring properties. The commission’s written findings and the permit conditions will be finalized in the permit document to be issued by staff.