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Supervisor Patrick Miles <br />December 1 9,.2013 <br />If O.A. 26 is adopted, it will only affect land upon which a mineral extraction operation <br />was once in existence, but has been inactive for over a year. But its very operation it does not <br />implicate the diminishing asset rule, because as clearly required by the Wisconsin courts, the <br />operator is not "digging" on any portion of the land. O.A. 26 would simply bring Dane County's <br />Zoning. Ordinance into conformance with the common law of nonconforming uses. A <br />nonconforming mineral extraction use would be deemed terminated if discontinued for more <br />than one year. It. is also important to note that adoption of O.A. 26 will not prohibit future <br />mineral extraction on these sites. Future mineral extraction would simply require a conditional <br />use permit in conformance with the ordinance. To my knowledge such a CUP has never been <br />denied. <br />Please contact me if I can provide additional assistance on this issue. <br />Sincerely, <br />David R. Gault <br />Assistant Corporation Counsel <br />3 <br />