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Page -2- Wingra Stone Mining Conditional Use October 17, 1993 D. = A deed restriction from Wingra Stone shall be placed of record which provides no part of the remainder of Wingra's 40 acres may ever by used for mining purposes. The restriction shall run in favor of all lands bounded by CTH PD, Maple Grove Road and Nesbitt Road. 4. LANDSCAPING AND RECLAMATION OF MINING SITE. A. = Buffer planting strips shall be planted created and planted not later then June 1, 1994. B. = An 6 foot berm with 3 : 1 slopes and extensive tree planting including evergreens shall be installed adjacent to west and south boundary of the mined site. C. = The final zoning/use of the excavated site and the balance of the 40 acres should be determined now? The area west of the mined site should be low density residential. 5. DAMAGE CLAIMS RESOLUTION PROCESS A. = Wingra Stone shall establish, in writing, a "fast track" arbitration process to allow neighbors to quickly and inexpensively settle damage claims. The cost of the arbitrator shall be paid by Wingra in addition to any claim. B. = Wingra would be required to post and continue in force a letter of credit or surety bond in the amount of $200,000.00 to insure the performance of all requirements of the conditional use and the payment of all damage claims. C. = The quick settlement procedure shall exclude insurance companies. Wingra shall deal directly with any insurance companies to obtain reimbursement to it in the event it must pay claims for damage to neighbors. D. = Wingra shall agree in advance that a damage claim decision by the arbitrator is not appealable by Wingra. E. = Before blasting starts neighbors, at their option, shall be offered professional appraisals of personal property and a report on the present condition of their houses-- including photos==called a "preblasting survey"--see ILHR 7.61. F. = During blasting their shall be constant monitoring of the edges of the 40 acre mining site by seismograph. At least two (2) machines shall be installed on the southerly boundary of the 40 acre site closest to the nearest neighbors and shall be fully functioning and recording during ALL mining blasts. =There shall be a written procedure to revoke the conditional use permit with a minimal public hearing process if violations occur i.e. a single hearing before the Town Board. The Town should send up to two (2) warning notices of violation of the conditional use permit. The third violation will cause a revocation hearing before the Town Board whose decision will be binding on Wingra Stone.