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RECE/VED San Joaquin Valle OCT 2 0 2005 Air Pollution Control District Community Development Dept, October 19, 2005 Reference No. 0200501284 Cealy Lein San Joaquin County Community Development Dept. Development Services Division 1810 E. Hazelton Ave. Stockton, CA 95205 Subject: PA-0500642 (MS) 9120 E. Liberty Road Dear Ms. Lein: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above and offers the following comments: The entire San Joaquin Valley Air Basin is designated non-attainment for ozone and particulate matter (PM10 and PM2.5). Preliminary analysis indicates that this project would not generate significant air emissions. However, a concerted effort should be made to reduce project-related emissions as outlined below: Based on the information provided, the proposed project will be subject to the following District rules. These have been adopted by the District to reduce emissions throughout the San Joaquin Valley, and are required. This project may be subject to additional District Rules. To identify additional rules or regulations that apply to this project, or for further information, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (209) 557-6446. Current District rules can be found at http://www.valleyair.org/rules/1 ruleslist.htm. Regulation VIII (Fugitive PM10 Prohibitions)- Regulation VIII (Rules 8011-8081) is a series of rules designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and trackout, landfill operations, etc. The District's compliance assistance bulletin for construction sites can be found at: http://www.valleyair.org/busind/complv/PM10/Req%20VIII%20CAB.pdf. If a residential site is 1.0 to less than 10.0 acres, an owner/operator must provide written notification to the District at least 48 hours prior to his/her intent to begin any earthmoving activities as specified in Section 6.4.1 of Rule 8021. A template of the District's Construction Notification Form is available at: http://www.vallevair.org/busind/comply/PM10/forms/Req%20VIII%20Notification%20-%2011-17-2004 pdf. Rule 4102 (Nuisance) applies to any source operation that emits or may emit air contaminants or other materials. In the event that the project or construction of the project creates a public nuisance, it could be in violation and be subject to District enforcement action. Rule 4103 (Open Burning) regulates the use of open burning and specifies the types of materials that may be open burned. Agricultural material shall not be burned when the land use is converting from agriculture to non- agricultural purposes (e.g., commercial, industrial, institutional, or residential uses). Section 5.1 of this rule prohibits the burning of trees and other vegetative (non-agricultural) material whenever the land is being developed for non-agricultural purposes. In the event that the project applicant burned or burns agricultural material, it would be in violation of Rule 4103 and be subject to District enforcement action.