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SCANNED SEL and the number of events which occur during the nighttime hours (10:00 p.m.—7:00 am.). 2. The original report (October 7, 2009) indicated that since individuals near the project site are located on agriculturally-zoned parcels, and not on residentially zoned property, there is a question regarding the applicability of the County's noise level standards for residential land uses. The report indicates that the Right to Farm Ordinance indicates that since people reside on agriculturally zoned land, there is an expectation that these residences will be exposed to elevated noise levels associated with nearby agricultural activities. in the May 7, 2010 comment letter from the San Joaquin County Community Development Department to BAC states the following: The last paragraph under the subheading "Right to Farm Ordinance," it is implied that this project falls under the exemption of the County Right to farm Ordinance. The Right to Farm Ordinance does not apply to quarries. However, the two revised reports continue to insist that residences in the immediate project vicinity are constructed on agricultural lands, and that there is an expectation that these residences will be exposed to elevated noise levels associated with nearby agricultural activities. It is difficult to find a nexus between the noise generated by seasonal agricultural operations, regardless of the time of day which it occurs, and the nighttime operations of an asphalt batch plant, heavy truck traffic, on-site skip loaders and other mobile equipment. Previous noise level measurements of walnut harvesting operations or agricultural spraying indicate that this occurs once per year, and are usually gone from the immediate vicinity within a few days. It is not unusual for communities to establish higher noise levels for activities which are historically the economic base of the community. Agricultural activities are historically the economic base of the Central Valley. 3. On page 10, second, third and fourth paragraphs, the report states that it is highly unlikely that outdoor activities would be taking place between 1 a.m. and 3 a.m. when the facility will be operating. Although the analysis does evaluate the San Joaquin County nighttime exterior noise level standards, this discussion discounts the applicability of the San Joaquin County nighttime noise level criteria of 45 dB Leq and 65 dB Lmax. It leads the reader to a conclusion that there is no need for nighttime noise standards. However,in review of the City of Orland General Plan Update Noise Section,which was recently developed by BAC,the Noise Element clearly identifies an exterior nighttime noise level criterion of 45 dB Leq. 4