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Dane County Zoning & Land Regulation Committee January 19, 2018 Page 4 The town's assessments are not based on site visier"it, thus, are not accurate as Hungerford's valuation, but both together provide undisputed evidence that the concrete batch plant has substantially reduced the Tukiendorfs' property value.. C. Site Compliance l fistory The TukieMOrfs have aside numeropscomplaints about the plant to the Town of Cottage Grove, sheriff's office, Dane County Zoning Department, Dane County Land & Water, and this very committee Separately, it bas complained to the Department of Natural Resources (DNIP and the Environmental Protection Agency. Deese complaints are well- documented but have not always wanted in relief for the Tukicmdm is. One of the most persistent problems has been the facility's hours of operation. The CUP permits the plant to run train 6 AM to 6PM.on weekdays, 6 AM to 4 PM on Saturdays "when necessary;' and Operation outside of those times up to 30 total days each year with seven days' notice m. the neighbors. This is already a significant time range which Permits all the noise, dust, and disturbance assoclated with the plant during most waking hours and many times when neighbors are trying to sleep. TheTukiendorls have also witnessed the facility Operate outside of these hours and have cepertcdly complained to dre Town and County, with few results. (See, for example, Exhibit J) The facility has not consistently provided seven days notice in neighbors, but when it has, it has confirmed It is doing highway work; contrary to its prior representations. (Exhibit F.) The Tukiendorfs have also complained about dust. The DNR.agreed in 2013 that the facility gevuatel too mach most (Exhibit G), and took action which has reduced but not eliminated the dust problem. Dane County claimed that since the dust was generated from aprivate drive that it did not have jurisdiction Over the problem. I'he Tukiendorfs requested that this Committee modify the CUP in 2013 to address the concrete plant's excessive noise and hours Of The Committee d'sscussed these conceres at its meeting on May 28, 2013, and delegated to Dane County zoning staff the task of addressing excess noise. (Exhibit IE) Mc Tukiendorf was not Included in any subaequcnt discussions of the problem; and noddng came of the Committee's direction. Dane County Z.oninghas at times claimed it cannot address complaints since the problematic activities are tar the non- eontormlng mine site and not the concrete batch plant. The Tukiendorfs literally have afront- row, seat to the site and cancordirin the concrete plant is a significant source of the problems they haveexperienced. Further, Anaelwtent 1, p8.4