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The following are the appeal statements submitted by Geoffrey C. Etnire on behalf of RMC Pacific Materials, Inc.: Appeal Statement No. 1: "There are at least three properties in the immediate area that are owned or controlled by sand and companies.aggregate mining The RMC property, including the owned and leased portions, consists of approximately 691 acres and is located to the east of the proposed project. The DSS quarry consists of approximately 144 acres and is located directly west of the Proposed Project. Telchert Materials owns in excess of 1,500 acres within one-quarter mile of the Proposed Project." Response to Appeal Statement No. 1: The properties east of the Delta Mendota Canal are currently used for agricultural production. RMC recently submitted a Quarry Excavation (QX-01-2)application to excavate resources from those properties. QX-01- 2 requires the preparation of an Environmental Impact Report(EIR). The EIR process has not yet commenced. DSS currently operates a quarry(QX-96-1) located to the west of the project site across Koster Road. Teichert currently operates a quarry(QX-91-5) on the west side of Interstate 5 and leases properties on the east side of 1-5 for future excavation. The processing facility is approximately one(1) mile west of the project site. The leased properties are approximately one-half mile west of the project site. j There is no evidence in the file to indicate that the three proposed residences will have a negative impact on the excavation of adjacent or nearby properties. Appeal Statement No. 2: "The importance of the aggregate deposits in the area is reflected by the fact that the State of California has classified this area as an 'area of regional significance.' The Surface Mining and Reclamation Act of 1975 provides as follows: l "The Legislature hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of society...." (Section 2711[a]) "Areas of regional significance' means an area designated by the board pursuant to Section 2790 which is known to contain a deposit of minerals,the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state in which the minerals and located and which, if prematurely developed for alternate incompatible land uses could result in the permanent loss of minerals that are of more than local significance(Section 2726)." Response to Appeall Statement No.2: The applicant submitted a Site Approval to construct(3) single family residences and one (1)second unit dwelling on three separate parcels(Use Type: Family Residential-Single Family). The Site Approval was approved because the findings required to approve a Site Approval could be made, including consistency with the General Plan. A telephone conversation with the Department of Conservation, Division of Mines and Geology, clarified that proposed development not involving excavation is regulated by the local jurisdiction and is not in violation of the Surface Mining and Reclamation Act(SMARA). San Joaquin County PA-02-3061Towers i Page 4 Community Development