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November 23, 1993 ZONING & NATURAL RESOURCES COMMITTEE OF THE DANE COUNTY BOARD Lyman Anderson, Chair RE: Conditional Use Permit #1100 Wingra Stone - Non-Metallic Mineral Extraction for Governmental Use Purpose For your consideration, this letter is submitted to document the fact that even though it has been established in court of law that blasting at the Wingra Stone quarry on the southwesterly side of Highway PD has in the past significantly damaged homes in the community known as Hillside Heights in the Town of Verona, the residents of that community have bent every quarter to satisfy the immediate needs of the development of Highway 18 and 151 as well as the Verona By-Pass now being readied for bids. Interested residents were invited to attend a meeting at which a number of propositions were presented under which the community could tolerate limited expansion of Wingra Stone requested in CUP #1100. Attached is a full list of same as presented to the Town of Verona Planning Commission and Town Board. The list was developed based on Wingra Stone's own proposal at the June 3, 1980 meeting of the Town of Verona Board, together with current circumstances. The conditions approved by the Town of Verona Planning Commission and the Town Board as a Committee of the Whole for the current CUP #1100 do not include all of the conditions proposed by the residents. Some of the conditions we requested were considered to be covered under Dane County regulations and practices; i.e. an enforcement/revocation procedure should violation of the conditions occur. Others were omitted by deliberation of the Commission and Board members. It is respectfully requested your committee amend the conditions of expansion to include all those stipulations presented by the minutes of the Town Board at it's November 2, 1993 meeting. and append it with a deed restriction that provides that no portion of the approximate 40 acres that remains after extraction of mineral required to complete Highway 18 and 151 reconstruction and the Verona By-Pass may ever be used for mining purposes. The restriction should run in favor of all lands bounded by Highway PD, Maple Grove Road and Nesbitt Road. Formal deed restriction is requested to preclude another long and arduous procedure should Winqra Stone again apply for conditional use for further extraction from the property described in CUP #1100, which they will surely do if your committee does not restrict the deed. We have been denied the procedure for "fast track" independent arbitrator settlement of any alleged damages from ground or air shock waves together with a pre-blasting survey of condition of properties in accordance with DILHR 7.61 awarded the Waunakee residents in the Endres/Raemisch document. We have been denied the same advance notice given the Waunakee residents in the Endres/Raemisch document; i.e. 7 day advance written notice of blasting vs our 24 hr phone notice. Please do not deny this request for deed restriction to protect the interests of our community that was established long before Wingra Stone's blasting operation on the southwesterly side of Highway PD. Respectfully, Joyce Poole, Resident of Hillside Heights since 1955.