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condition of approval, the Environmental Health Department states that individual domestic water wells <br /> under permit are subject to inspection by EHD. The applicant is required to satisfy all conditions of approval <br /> prior to development. <br /> Appeal Statement No.T. <br /> "Finding#5: The use is compatible with adjoining land uses. <br /> "The State of California and the County of San Joaquin are on record with specific factual findings <br /> that many uses, such as residential,are incompatible with surface mining. <br /> "Applications for new quarry permits near existing residences,which would bring a new nuisance <br /> near an existing use, are routinely denied throughout California. The other side of that coin is that <br /> applications for new residential uses near quarries, which would bring new residential uses near an <br /> existence nuisance, are routinely denied." <br /> Response to Appeal Statement No.7: <br /> The Initial Study did not identify any Significant project related impacts on existing surrounding uses. New <br /> quarries are subject to the same discretionary review at the time of submittal, at which time any potentially <br /> significant impacts to surrounding uses would be identified and dealt with accordingly. <br /> i <br /> Appeal Statement No.8: � <br /> "in approving the application for Site Development Review, Staff imposed conditions of approval. <br /> However, Staff did not impose a single condition of approval to mitigate the noise, dust and <br /> vibration that will be experienced by the residential users. Common mitigation measures include <br /> substantial setbacks, landscaped berms,foliage barriers, and special windows. <br /> "Furthermore, Staff did not impose a single condition of approval designed to protect the quarrying <br /> operations for the future complains of the proposed residents. Common measures include deed <br /> restrictions, mandatory disclosures, and 'noise easements,'which allow the passage of noise, dust <br /> and vibration across the residential lands. The recordation of such an easement provides that all <br /> future owners of the property receive advance notice of the unavoidable negative aspects of living <br /> next to the extensive quarry operations." <br /> Response to APReal Statement No.8: <br /> The Initial Study did not identify any significant project related impacts. The existing quarry's processing <br /> facility is located on the northwest comer of its property, west of Koster Road, approximately 1,500 feet from <br /> the closest project property line. The haul routes for quarries in the area do not include the portion of Koster <br /> Road along the project properties. The Delta Mendota Canal provides a 370-foot barrier between the <br /> project parcels and any potential quarry activity on the opposite side. Along the eastern property line of the i <br /> oad)is a berm measuring between five(5) and seven (7)feet in <br /> DSS quarry{on the west side of Koster R <br /> ross. The berm is also planted with oleanders along Koster Road. <br /> height and approximately eight(8)feet ac <br /> According to the site manager for DSS, all of their regularly traveled dirt roads are treated with Magnesium <br /> Chloride (Dust off),which controls dust. As a result, potential noise and air pollution impacts were not <br /> considered significant. <br /> 1 <br /> s <br /> PA-02-3061Towers <br /> San Joaquin County Page 8 <br /> Community Development <br />