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.Janet P. and .Jay V. Loewi 5642 Lake Mendota Drive Madison WI 53705-1058 H (608) 238-2626 C (608) 345-5548 E-mail: jloewi@aol.com June 8, 2010 Dane County Board of Supervisors, Dane County Zoning and Land Regulation Committee 210 Martin Luther King Blvd Madison WI 53703 Re: Norslien Quarry CUP Application #2135 Dear ZLR Members, We are writing you to request that you deny CUP application #2135. This CUP request would allow the "Norslien Quarry" located behind 4732 Hwy 78, Black Earth WI to operate for an additional 10 years prior to reclamation. I am attaching the summary we handed out at your hearing on May 11, 2010, for your reference. If you determine that the quarry should remain open to allow extraction for the Hwy KP reconstruction next year, which was the only planned project in the area mentioned by the operator at your May 11 hearing, we request that your approval add the 21 conditions recommended in your Staff Comments for the May 11 meeting with the following additions/changes. We request that you require the opertator to: · Limit the CUP to 1 or 2 years from the current expiration of June 17,2010 to allow them to finish planned projects, with reclamation to be completed within 1 year after operations have cease (as currently required). Operator has stated that little material is left to mine on this property. · Install fencing all the way around the area intended to be quarried, as called for in both prior CUPs, with a 5' chain link fence, as Mr. Gohegan and Ms. Burcalow stated at our meeting with them on May 19, 2010 is standard at this time. As your inspection showed, current fencing is only on part of the east end of the property. Parts of the North and South ends have some old farm fencing which is no longer viable , Bench the site for safety purposes, as previously committed to · Install signage as required in prior CUPs .,.. Maintain existing buffer of trees on all sides, as Mr. Gohegan stated in previous applications/maps/approvals they would maintain a vegetative buffer around the quarry, but in no case should they mine closer than 20' from the property line · Pay for our survey showing encroachment onto our property (cost of approx. $4,400.00) · Ensure that this property will be used as ag land when reclaimed, per current zoning and current request, not commercial or a land fill, etc. · Submit new aerial photos and an accurate survey to determine the amount of land already disturbed, and how much remains to be mined prior to allowing any additional blasting. The survey by Thom Grenlie (submitted to Zoning on June 7,2010) is approximate, and that survey and the plan drawn by "L.B" (also submitted June 7) do not appear consistent with each other. For instance, the "Area of Existing Quarry" appears considerably smaller than that shown on the survey, although they are both drawn at a scale of 1" to 200'. Yahara Materials should be required to submit an accurate estimate of potential material left to be mined at the site · Minimize mature tree loss when installing required fencing Also, · We would like to review the blasting records Yahara has been required to keep, as requested in our e-mail of May 25, 2010. · In exchange for allowing the quarry to remain open for up to two additional years, we would like to see the quarry restricted in size to the originally requested and approved 10 acres. The two previously submitted sketches by Tim Gohegan, one of a benching proposal showing the mining limited to property at original elevations between 970' and 1010' plus an additional 10' down and the other of the contours of the property to be mined showing those elevations between the existing tree lines, show that previous requests were to limit the mining operations to the area between the existing trees. Additionally, no attorney that I've spoken with has agreed with defining mined and reclaimed land as undisturbed. This would also limit our exposure to the potential of Yahara Materials further encroaching onto our property. Thank you for your consideration. Sincerely, Janet P. Loewi Jay V. Loewi