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U. ENFORCEMENT: Except as otherwise provided in State Mining Regulations, the County shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the County Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation. (Development Title Section 9-1415.3[t]) v. NOISE (1) 4.5.1 a: At the start of stripping operations for each phase, the applicant shall construct an earthen berm along the portions of the project site that face sensitive receptors located within 2,000 feet of mining operations for that phase. This includes residences R4 and R5 northeast of Phase I (this earthen berm would also attenuate noise to residences R5, R6, and R7) and residences R1, R2, and R3, west of Phase III and southwest of Phase IV. The sound barriers must be at sufficient height (approximately 10 feet) to block the line of sight to the nearest sensitive receptor. If continuous earthen berms of adequate size are already in place, additional berms would not needed. (2) 4.5.1b: The Applicant shall conduct additional noise measurements after the completion of initial stripping activities to evaluate the effectiveness of Mitigation Measure 4.5.1 a in reducing resultant sound levels at outdoor activity areas of nearby sensitive receptors. For those residences existing as of project approval requiring additional sound reduction, the Applicant shall fund the construction of solid walls (masonry walls or other similar construction) along those property lines of the residences facing the project site, if desired and allowed by the subject property owners. (3) 4.5.1c: For any residences existing as of project approval that would exceed an interior noise level of 45 dBA, Leq indoors, the applicant shall upgrade house noise reduction via window and door upgrades on the side of the houses facing the mine, if the landowner desires and allows the work to be done. (4) 4.5.1d: Nighttime mining shall be prohibited within 1,000 feet of residences unless noise measurements confirm that noise levels are below 45 dBA, Leq at the outdoor activity areas of adjacent residences. (5) 4.5.3: Depending on the selected Haul Route Option, the Applicant shall notify the homeowners (of residences existing as of project approval) located along the roadway segments that would experience significant traffic-related noise of the noise impacts associated with traffic from project operations. (6) At the request of homeowners along the affected segments(limited to a reasonable number of complaints as determined by the County and not to exceed one year), the Applicant shall retain a qualified acoustical consultant to evaluate outdoor activity area and interior noise levels to determine if roadway traffic associated with the project is resulting in exterior noise levels that exceed 65 dBA DNL or interior noise levels that exceed 45 dBA DNL(the exterior and interior noise level standards contained in the San Joaquin County Development Title, respectively). For interior noise measurements, residences with air-conditioning units will be evaluated with windows closed; residences with no air conditioning units will be evaluated with windows open if that is the normal operating condition. (7) In those cases where interior noise levels exceed 45 dBA DNL, the Applicant will identify and implement building treatments or sound insulating features to reduce interior noise to 45 dBA DNL or less. Sound insulating features may include treatments such as installation of air- Conditions of Approval - 5 - QX-01-0002