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COMPOSITE REPORT-Page 2 Application No. CUP 1478 DANE COUNTY PLANNING DIVISION STAFF COMMENTS (REVISED 3/9/98) I. BACKGROUND A. The applicant is requesting an amendment to an existing conditional use permit to allow an extension in the expiration date for a mineral extraction operation from December 28, 1998 to December 7, 2001. The applicant is extracting clay from this 150 acre site. B. The subject property is in the Town of Blooming Grove, south of I-94 and east of Sprecher Road. The City of Madison recently annexed lands directly west and south of the subject property. The Town of Cottage Grove is east of the subject property. The property is currently not within an urban service area, but expansion of the service area to include the subject property and several hundred additional acres is pending. C. In 1993, the subject property was rezoned to A-2 and a CUP was granted for a mineral extraction operation for clay removal. That approval was subject to one condition: "This permit shall be subject to the conditions of the agreement between J&H of Wisconsin, Inc. and the Town of Blooming Grove dated October 2, 1993, copy attached hereto." D. That agreement between J&H and Blooming Grove, dated October 20, 1993, included the following specifications (summarized): 1. The term of the agreement is five years from the date of CUP approval. 2. J&H may not transfer property without written consent of Blooming Grove. 3. J&H will provide payments and financial assurance to ensure maintenance and any required repair to Sprecher Road and the service road which provides primary access to the property. That service road connects the subject property to Sprecher Road, and is located directly south of the I-94 right-of-way. 4. Only clay, topsoil and clean fill can be removed from the property; no other minerals such as gravel and rock shall be extracted. (NOTE: S. 10.191, County Zoning Ordinance,requires that"topsoil from the area of operation shall be saved and stored on site for reclamation of the area.") 5. J&H agrees to pay Blooming Grove $0.20 per cubic yard of clay removed. 6. Material removal shall be limited to Monday through Friday from 7:00 a.m. to 4:30 p.m., but if City of Madison requests clay removal on Saturday, the same hours on Saturday are also permitted. 7. No blasting is permitted. 8. Materials shall not be excavated closer than 1000 feet from Door Creek or any mapped wetland area. 9. For dust control, J&H agrees to maintain on site a water wagon and street sweeper and shall "cease excavating activities when dust conditions exceed reasonable current agricultural activities." 10. J&H shall remit to the Town funds for additional screening between the service road along the I-94 right-of-way and the Lehr property, which is the land directly west of the subject property.