Questions from the August 24, 2011 Neighborhood Meeting Pertaining to the Payne & Dolan Berm Enlargement Project

(The following answers, organized by topic, are provided by the City of Franklin Planning Department)

Questions Relating to the Berm: 1. Can the berm be located outside of the extraction limits? (2) Yes, although City of Franklin Ordinance No. 97-1456 (Planned Development District No. 23) does not specifically state where berms can be located, Exhibit 6 of PDD No. 23 does show the then existing berm outside of the ultimate limestone mining setback (i.e., the Extraction Area) and Exhibit 7 shows the then proposed berm outside of the Extraction Area. Berms, subject to the necessary permits and approvals, can also be constructed outside of PDD No. 23 because they are allowed in the City’s residential and business districts. It can be noted that a very small portion of the proposed berm shown on Exhibit 7 was located outside PDD No. 23. It can also be noted that the berm has been modified four times since the approval of PDD No. 23, and each time, the berm was enlarged partly inside and partly outside of PDD No. 23. 2. Why weren’t the citizens notified of the meeting in which the berm was approved? (4) As required by PDD No. 23, the original Berm Plan was approved by the Plan Commission. As noted in answer #1, Payne & Dolan has obtained City review and approval of modifications to the berm four times since approval of PDD No. 23 in 1997. Each time, the Plan Commission required submittal of a Site Plan Amendment application. The same requirement was used in this instance, and according to the City of Franklin Unified Development Ordinance, Site Plan Amendments do not require a public hearing or public notice. 3. Why is the berm being built right up to the road? (5) The enlarged berm is not being “built right up to the road”. Rather, the enlarged berm will be set back the following distances from 51st Street and Drexel Avenue: • • • • Approximately 100-feet away from the street center line; Approximately 80 feet from the existing pavement edge of the street; Approximately 60 feet from the existing road right-of-way; and Approximately 30 to 40 feet from the ultimate road right-of-way.

It should be noted that the existing berm along Rawson Avenue is located much closer to the roadway (approximately 25 feet from the pavement, approximately 15 feet from the sidewalk and about 10 feet from the right-of-way).

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4. Is Payne & Dolan taking dirt out of the southeast corner and adding it to the berm, or are they just moving the berm? (7) Yes, overburden (i.e., loose rock and dirt) will be removed from the southeastern portion of the approved Extraction Area set forth in PDD No. 23 and added to the existing berm. No, Payne & Dolan is enlarging --not moving – the existing berm. The existing berm will be widened by about 200 to 250 feet and increased in height by about 20 feet. 5. Why is the berm being moved? Aesthetically, it looked fine the way it did. It’s not going to deaden noise. (9) As stated in answer #4, the berm will be enlarged, not moved. In its letter of intent to the Plan Commission, Payne & Dolan indicated that the purpose of the enlargement is to “enhance the existing berm which will provide additional buffer between our operations at the Franklin Aggregate Site, PDD No. 23, and our neighbors.” As the landscaping on the enlarged berm will be similar to the landscaping on the existing berm, and some of the existing trees located along 51st Street will be protected, the aesthetic character will be retained. According to numerous studies and authorities, a larger berm should help to further reduce the visual, dust, and noise impacts from quarry operations on adjacent properties. 6. How can a hill so close to the road be aesthetic? It is aesthetic now, but won’t be if it’s moved. I don’t want to look across the street at a hill. Think about the wildlife that lives there – they are going to shoot down the hill right into your car. (10) As stated in answer #3, the berm is not located too close to 51st Street or Drexel Avenue. As stated in answer #5, the berm will be landscaped and its aesthetic character will be retained. As stated in answer #4, the berm will be enlarged, not moved. There is no reason to believe that the number of accidents due to wildlife crossing the roadways will increase because of the berm. 7. Why do you have to move a berm to enhance the quality of a neighborhood? (11) As stated in answer #4, the berm will be enlarged, not moved. The berm is not intended to “enhance the quality of the neighborhood”. Rather, as stated in answer #5, the berm will be landscaped, its aesthetic character will be retained, and the berm will provide a larger buffer between the quarry and the surrounding land uses 8. If the berm stayed in place, would the quarry be allowed to mine under it? If the berm was set originally as a boundary and you cannot mine under it, can you technically mine there if you move the berm? (12) No, Payne & Dolan cannot mine underneath the berm because the berm is located outside the approved Extraction Area set forth in PDD No. 23. The berm is not a boundary, as shown on

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Exhibit 6 of PDD No. 23 the berm is described as a “landscaped enclosure berm to eliminate view of quarry”. 9. Can you mine under an existing berm? If no, how do you have the authority to move it? This is an expansion. (13) No, as stated in answer #8, Payne & Dolan cannot mine underneath the berm. As stated in answer #4, the berm will be enlarged, not moved. As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission. No, this is not an expansion, according to PDD No. 23, berms are defined as part of Quarry-Related Operations and Facilities, and QuarryRelated Operations and Facilities are permitted uses subject to proper review and approval. 10. Why is P&D moving the berm outside of the existing mining limit line, as shown on the most recently submitted plans? If P&D moves the berm, can they move the mining limits line? Why is P&D allowed to move the berm outside the line? (16) As stated in answer #4, the berm will be enlarged, not moved. As stated in answer #1, the berms can and have been located outside of the Extraction Area since approval of PDD No. 23 in 1997. No, Payne & Dolan cannot move the approved boundary of the Extraction Area. In its letter of intent, Payne & Dolan stated that “There will be no expansion of the quarry with this project and the existing mining extraction limits remain set as they were approved in PDD No. 23.” 11. What is the zoning of the property that P&D acquired? Is it residential? If it is, how can berms be placed there, at that height? (24) Payne & Dolan recently acquired property along the west side of 51st Street north of Drexel Avenue and along the north side of Drexel Avenue west of 51st Street. Most of the acquired property is zoned R-6 Single-Family Residence District. A small portion of the acquired property, located at the northwest corner of 51st Street and Drexel Avenue, is zoned B-2 General Business District. As stated in answer #1, berms, subject to the necessary permits and approvals, can and have been constructed outside PDD No. 23 and are allowed in residential and business districts. Typically, the only permit required for berm construction is a Fill or Land Disturbing Permit from the Engineering Department. However, because part of this berm is located within PDD No. 23, the Plan Commission also had to approve it. Neither the City’s general regulations nor PDD No. 23 specifically restrict the height of berms. 12. Can a berm be constructed outside of the PDD limits? (26) Yes, as stated in answer #1, berms, subject to the necessary permits and approvals, can and have been constructed outside of the Extraction Area and outside of PDD No. 23 within the City’s residential and business districts. Typically, the only permit required for berm construction is a Fill or Land Disturbing Permit from the Engineering Department. However, berm modifications proposed within PDD No. 23 require Plan Commission approval. 3

13. There is a plan within the PDD that a lake will eventually be located on the property. Why is the City allowing the berm to be constructed so close to the road? This will discourage development, or take away future development. (29) As stated in answer #3, the berm is not located too close to the road. As it is envisioned that most of the berm will be utilized in the final grading of the quarry lands when quarry operations cease, the berm will not be in the way of future development. 14. Is 51st Street going to be expanded? Why would you want the berm right next to the road if it’s going to be expanded? (30) While the City’s long-range plans envision a possible expansion of 51st Street sometime in the future, final approval from the Common Council would be needed first. As stated in answer #3, the berm is not located too close to the road, it is set back approximately 30 to 40 feet from the envisioned possible ultimate right-of-way of 51st Street and Drexel Avenue. 15. One resident drove by the berms on 51st Street today and said they must have pushed the berm 50 to 100 feet today. Why are they doing this so fast? Why is it being allowed? (32) Staff cannot speak on behalf of Payne & Dolan, but the quick construction could be to avoid work during winter, and the need to install the landscaping before the end of October. As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission. On June 23, 2011, the Plan Commission approved the subject berm enlargement with conditions, and on September 8, 2011, the Plan Commission approved the Landscaping Plan (which was the last condition that needed to be met). 16. If you currently have a berm in place, who has the authority to move the berm? Will it serve the same purpose? (36) As stated in answer #4, the berm will be enlarged, not moved. As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission. As stated in answer #5, the berm will be landscaped, the aesthetic character will be retained, and the berm will provide a larger buffer between the quarry and the surrounding land uses. And as required by PDD No. 23, the landscaped enclosure berm will continue to eliminate view of the quarry. 17. Definition of berms, page 6: If you currently have a berm in place hiding the operations, what authority do you have to move it, and who makes the call? It’s already serving its intended purpose (aesthetics). (37) As stated in answer #4, the berm will be enlarged, not moved. As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission. As stated in answer #15, the Plan Commission approved the subject berm enlargement. As stated in answer #16, the berm will be landscaped, its aesthetic character will be retained, the berm will provide a larger buffer between the quarry and the surrounding land uses, and the berm will continue to eliminate view of the quarry. 4

18. Is the berm being moved so the mining line can be moved? (38) As stated in answer #4, the berm will be enlarged, not moved. As stated in answer #10, Payne & Dolan cannot move the approved boundary of the Extraction Area. 19. The P&D letter says the berms are being “modified”. Isn’t Common Council action required to “modify” something, rather than the Plan Commission? (39) As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission. 20. Has a species list been provided for the berms? Where is the list? Native species are supposed to be used. (41) Yes, the Landscape Plan approved by the Plan Commission includes the following tree species: Sugar Maple, Honey Locust, Red Maple, White Spruce, White Pine, Quaking Aspen, Common Hackberry and Common Juniper. Native species are not required by PDD No. 23 but were encouraged by the Plan Commission, as such, four of the eight trees are native to southeast Wisconsin, and the remaining four are native to at least portions of Wisconsin. 21. In this process of moving the berm, will the large size trees be replaced with mature trees? The trees removed by P&D should be replaced. (42) As stated in answer #4, the berm will be enlarged, not moved. While all large trees will not be replaced, Payne & Dolan has stated on the Landscape Plan that “Existing trees in the project area will be saved and relocated if feasible.” Payne and Dolan will also plant a total of 150 trees on the enlarged berm. The size of these new trees will be a minimum of 2-inches in diameter for deciduous trees and 5-feet in height for evergreens. 22. Can P&D move the berm on Drexel again? (43) As stated in answer #4, the berm will be enlarged, not moved. The berm could be modified in the future, but only if a Site Plan Amendment is reviewed and approved by the Plan Commission first. 23. Where is P&D getting the dirt from? The application says the dirt will come from west of the new berm that they are making, but west of the berm is the existing berm. They should have said they’re moving the berm. (47) A new berm is not being created, as stated in answer #4, the existing berm will be enlarged, not moved, and the overburden (i.e., loose rock and soil) for this enlargement will come from within the approved Extraction Area that is west of the existing berm. 24. The application does not say P&D is moving the berm – but they are moving the existing berm. Why are they doing this? (48)

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As stated in answer #4, the berm will be enlarged, not moved. As stated in answer #16, the berm will be landscaped, the aesthetic character will be retained, the berm will provide a larger buffer between the quarry and the surrounding land uses, and the berm will continue to eliminate view of the quarry. 25. Why is there going to be open space between the existing and proposed berm? (49) A new berm is not being created, as stated in answer #4, the existing berm will be enlarged by widening it and increasing its height. As shown on the Final Grading Plan prepared by Payne & Dolan, the only open space will be between the enlarged berm and 51st Street and Drexel Avenue. 26. How can you enlarge an existing berm when in a sense you are creating a new one? The berms don’t connect. (50) A new berm is not being created, as stated in answer #4, the existing berm will be enlarged by widening it and increasing its height. As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission. As shown on the Final Grading Plan prepared by Payne & Dolan, there will be only one berm. 27. How high is the berm? (51) The existing berm is approximately 40-feet tall, the enlarged berm will be approximately 60 feet tall. 28. If the existing berm is doing its job, and there’s no complaints (e.g., visual or noise) what happens with the new berm if noise becomes a problem? (52) Complaints will be reviewed as they are received. Staff sees no reason to believe that the enlarged berm would cause an increase in noise. As stated in answer #5, according to numerous studies and authorities, a larger berm should further help reduce the visual, dust, and noise impacts from quarry operations on adjacent properties. 29. Why push the berm forward? (53) As stated in answer #4, Payne & Dolan has indicated that they are removing overburden (i.e. loose rock and dirt) from the southeastern portion of the approved Extraction Area and adding it to the existing berm. As stated in answer #5, this will enhance the existing berm by providing an additional buffer between the quarry and adjacent properties. 30. Who in the City authorized movement of the berm for P&D? (56) As stated in answer #2, berm modifications require Site Plan approval by the Plan Commission.

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Aerial Photo Questions: 31. PDD No. 23, subsection R, specifically says the quarry is required to submit two aerial photo prints of the property to the City annually, and that the boundaries of operations are to be shown on the map. Is the City getting this? Mr. Ryan would like to see it. (14) Payne & Dolan has submitted several aerial photographs of the property since PDD No. 23 was approved. However, we have not been able to locate an aerial photo for all of the years since 1998. 32. What is the purpose of the requirement that each quarry submit aerial photographs? (17) Although PDD No. 23 does not state the purpose of these aerial photographs, this requirement is located within the section of the ordinance pertaining to the Extraction Limits, and is likely intended to help keep track of the quarry operations. 33. Are the boundaries near Drexel articulated on an aerial? (54) Although PDD No. 23 did not include a map of the PDD boundary on an aerial photograph, the Planning Department has recently created a map that shows the PDD boundaries on an aerial photograph. 34. Can the City provide an aerial photograph that shows the extraction area limits as governed by the PDD, and where they have currently mined? (23) Yes, the Planning Department is preparing a map that will show quarry property boundaries, the PDD boundaries, and the boundary of the approved Extraction Area on an aerial photograph. Acquisition/Ownership Questions: 35. Did Payne & Dolan buy additional property along 51st Street? (6) Yes, as stated in answer #11, Payne & Dolan recently acquired property along 51st Street and Drexel Avenue. 36. A resident wanted to know if we are talking about the right quarry. Who owns what? (8) The berm enlargement along 51st Street is located on Payne & Dolan’s property, and is immediately south of Vulcan’s property. There are two quarries: the Vulcan quarry is located at the southwest corner of Rawson Avenue and 51st Street, and extends south about 2,600 feet (halfway between Rawson Avenue and Drexel Avenue) and west about 2,600 feet, from the intersection of Rawson Avenue and 51st Street; the Payne & Dolan quarry extends westward from the Vulcan property to the Root River and southward from the Vulcan property to Drexel Avenue. 7

37. Please provide boundaries of the properties newly acquired by P&D. What homes have P&D acquired? What homes are Vulcan’s? (44) As stated in answer #34, the Planning Department is preparing a map that will show quarry property boundaries, the PDD boundaries, and the boundary of the approved Extraction Area on an aerial photograph. Payne & Dolan has acquired all of the properties that were located between their quarry and 51st Street and Drexel Avenue. Vulcan has acquired all but three properties between their quarry and 51st Street. Fiscal Questions: 38. Is the bond still in effect? Can it be executed to correct mistakes? (21) Yes, the performance bond required by PDD No. 23 is still in effect. No, the bond is to ensure that final reclamation of the quarry is properly completed. 39. Can the City use the bond money for correcting a wrong? (22) No, as stated in answer #38, the purpose of the Performance Bond is to ensure that final reclamation of the quarry is properly completed. 40. Is the City being compensated for the property tax loss due to the razing of houses on P&D’s property? Was there any agreement between the City and the quarries that would allow the City to recover lost property values due to the demolishment of the houses? (27) No, compensation for razing of the subject homes has not been provided, nor is such compensation required. The Planning Department is not aware of any agreement that addresses the demolition of houses along 51st Street or Drexel Avenue. 41. If the City issues a permit, are they compensated? Resident answer: They must pay for permits.(28) Yes, fees are required by the City for the review and administration of its permits and applications. Payne & Dolan paid a fee for the Site Plan Amendment and Land Disturbing Permit they were required to obtain. 42. Has anyone who has documented damage tried to get compensation from the quarries for damage done to their property? (33) The Planning Department is not aware of any instances of such compensation. Extraction Limit Questions: 43. There is a limitation that says you cannot mine closer than 650 feet to the Centerline of 51st Street. Can I see the 650-foot setback line on an aerial photo? (15)

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As stated in answer #34, the Planning Department is preparing a map that will show quarry property boundaries, the PDD boundaries, and the boundary of the approved Extraction Area on an aerial photograph. 44. What are the mining extraction limits? (1) As defined by PDD No. 23, extraction is “The process of mining and removing the limestone natural resource by any method, including drilling and blasting, excavating and other means.” As defined by PDD No. 23, the extraction area is the “Location of the permitted Extraction activity on the Property within the setbacks established in subsection R of this Ordinance.” As set forth in Section R.1. of PDD No. 23, the extraction limit setbacks are as follows: A. B. C. D. 200 feet from the centerline of Rawson Avenue; 200 feet from the centerline of the Root River; 650 feet from the centerline of 51st Street; and 850 feet from the centerline of Drexel Avenue

45. According to the PDD, the operator shall not be allowed to expand the extraction limits – why was this approved? Why are we going through this exercise? (18) As stated in answer #18, the boundary of the Extraction Area is not being expanded or moved. As stated in answer #1, the existing and proposed berms were located outside the approved Extraction Area, as shown on the exhibits in PDD No. 23. As stated in answer #2, the Plan Commission reviews and approves all proposed berm modifications within PDD No. 23. Payne & Dolan initiated this process by filing a Site Plan Amendment Application with the Planning Department on May 26, 2011. With that application, Payne & Dolan requested approval for the subject berm enlargement. As stated in answer #15, the Plan Commission approved the subject berm enlargement with conditions on June 23, 2011, and on September 8, 2011, the Plan Commission approved the landscape plan. 46. Has the City been monitoring the extraction line? Whose job is it to monitor the aerial photographs? (31) Yes, the City (most recently the Planning and Administration Departments) have been monitoring quarry activities, including the extraction area. PDD No. 23 does not state who within the City is responsible for general monitoring of the quarry, or who is responsible for specific monitoring of the aerial photographs. Procedural Questions: 47. Can you provide a time-frame for answers to our questions? (46) Answers to the questions generated at the Neighborhood Meeting of August 24, 2011 have been included in this document and are thus now available.

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48. Can there be another meeting? (55) Yes, Neighborhood Meetings can be held whenever the neighborhood organizes such a meeting. If you wish City staff to be present at such a meeting, you must let us know at least a few days before the meeting. We strongly encourage you to provide us with a written description of the purpose of the meeting in advance so we may send the appropriate people and have time to adequately prepare for the meeting. 49. What is the next step? Do we need to put something in writing as a group to get answers to our questions? (40) Due to the number of people interested in the answers to these questions, and the importance of this topic, staff has determined that it will answer these questions to the best of its ability and will provide these answers to those neighbors who provide their email information to the Planning Department. Copies of these questions and answers will also be available at the Planning Department office. Miscellaneous: 50. Who is accountable for all of this? (3) As stated in answer #45, Payne & Dolan filed a Site Plan Amendment Application for Plan Commission review. As stated in answer #2, the Plan Commission is responsible for the review and approval of berm modifications. 51. Page 25, subsection R: Is it true the quarry cannot expand under any circumstances? (19) According to PDD No. 23, Payne & Dolan has waived its right to expand the approved boundaries of its Extraction Area. As such, an expansion of the mining beyond these boundaries cannot occur. However, permitted activities as set forth in PDD No. 23, such as berm modifications, may be approved subject to the necessary permits and approvals. 52. What is the date of the PDD ordinance document? (20) Ordinance No. 97-1456 was adopted by the Common Council on June 3, 1997. 53. Resident: Did the City rezone the parcels? (25) No rezonings took place as part of the Site Plan Amendment to enlarge the berm. 54. Is the scale accurate on the 11 x 17 inch plans most recently submitted by P&D? (34) The plans were reduced in size. Therefore, the noted scale applies to a larger-sized set of plans and is only approximate. 55. Why is this not being stopped right now? (35)

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As stated in answer #1, berms can and have been located outside of the approved Extraction Area, outside of the PDD, and in residential and business districts. As stated in answer #2, berm modifications require review and approval by the Plan Commission. As stated in answer #15, the Plan Commission has approved the subject Site Plan Amendment. 56. What does the CMP call for along 51st street? Residential or not? If it shows residential, why were they allowed to be removed? (45) The City of Franklin 2025 Comprehensive Master Plan identifies the future land uses along 51st Street as industrial, commercial, and residential. As stated in answer #1, berms, subject to the necessary permits and approvals, can and have been constructed outside the approved Extraction Area, outside PDD No. 23, and are allowed in residential and business districts. As stated in answer #13, it is envisioned that the majority of the berms will be removed during final reclamation of the quarry. The future land use of this area is still envisioned to be industrial, commercial, and residential. 57. Question from a resident on 8/25/11: What about the recreational trail? Page 21 item K. (57) At their meeting on June 24, 2004, the Common Council adopted Resolution No. 2004-5718, declaring support for the construction of the Oak Leaf Trail in the City of Franklin and rescinding the August 19, 2003 Common Council acceptance of an eight-foot wide recreational trail on the east side of the quarry, west of 51st Street along the berm on the quarry property as proposed by Payne & Dolan Inc. and Vulcan Materials Company. The Oak Leaf Trail was subsequently constructed in the summer of 2006 on Payne & Dolan’s property with their assistance.

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