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March 27, 2010 San Joaquin County Community Development Department Re: Opposition to Aggregates Inc. Application #OX-89-0002 This letter is in opposition to the new permit for the gravel plant to forgo their case-by-case authorization to work night hours from 9:00 p.m.to 5:00 a.m. 7 days a week. This case-by-case review was revoked in 2005 due to the plant working excessive nights. At that time it was decided that something MORE than case-by-case review needed to take place. It makes no sense why the plant should be granted a permit to allow them total freedom with the possibility of running every single night if the work is available, leaving the residents with no way to be able to voice their concerns, or have a review of the situation when case-by-case management failed. In addition, the plant is already allowed to run all equipment 16 hours a day 7 days a week starting at 5:00 a.m., which has a daily and continual negative impact on all surrounding residents. Most importantly however, seems to be this companies long and quite alarming history of non- compliance. It began in 2002, when it installed night lights, and started working night jobs without getting approval from the county. In the next few years it would work additional unpermitted hours along with permitted hours and by 2005 and working over 100 nights that year,the county put a stop to their excessive night jobs and canceled night work all together.The plant immediately began to build a new 3 story plant with additional rock crushers and sand plants that increased their noise level at our home 10 times over. Of course, they did this with no permits or notification of any kind to the county. It soon got a NOTICE OF VIOLATION for crushing too much rock in one day. Next, it began excavating in an area without a permit. All of these matters led to the involvement of District Attorney David Irey who has been leading a very serious ongoing investigation into the matter. I urge you to contact him at 468-2305. There have been many other non-compliance issues, but I have chosen to highlight the major ones. Please read the following complaint letters from last summer regarding the more than two months we were forced to live with the results of"ONE"night job and the enormous negative effects than we were burdened with,and you will have a much better understanding of our situation. After looking over and studying the Environmental Noise Assessment prepared on October 7, 2009, 1 have to wonder why the plant did not go ahead and actually do a factual report, as it a prime opportunity to do so last summer while it had over two months of actually working round the clock, with more than 100 trucks in-hauling, dumping the old roadway and loading up asphalt for another trip each night. The decibel levels we took at our home during this time from the plant were extremely high, and this may be why. The Environmental Noise Assessment states"historical data" on page 28 that the most the plant worked was 26 nights in 2004. This is untrue. The county approved more than 52 approved nights in 2005, and