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i a condition of approval, the Environmental Health Department states that individual domestic water wells + under permit are subject to inspection by EHD. The applicant is required to satisfy all conditions of approval prior to development. Appeal Statement No. 7: "Finding#>`5: The use is compatible with adjoining land uses. "The State of California and the County of San Joaquin are on record with specific factual findings- that indingsthat many uses, such as residential, are incompatible with surface mining. i ? "Applications for new quarry permits near existing residences, which would bring a new nuisance near an existing use, are routinely denied throughout California. The other side of that coin is that applications for new residential uses near quarries, which would bring new residential uses near an existence nuisance, are routinely denied." Response to Appeal Statement No. 7: The Initial Study did not identify any significant project related impacts on existing surrounding uses. New quarries are subject to the same discretionary review at the time of submittal, at which time any potentially significant impacts to surrounding uses would be identified and dealt with accordingly. Appeal Statement No.8: "In approving the application for Site Development Review, Staff imposed conditions of approval. However, Staff did not impose a single condition of approval to mitigate the noise, dust and vibration that will be experienced by the residential users. Common mitigation measures include substantial setbacks, landscaped berms, foliage barriers, and special windows. � 4 - F "Furthermore, Staff did not impose a single condition of approval designed to protect the quarrying 4 operations for the future complains of the proposed residents. Common measures include deed I restrictions, mandatory disclosures, and `noise easements,'which allow the passage of noise, dust and vibration across the residential lands. The recordation of such an easement provides that all future owners of the property receive advance notice of the unavoidable negative aspects of living next to the extensive quarry operations." Response to Appeal Statement No. 8: The Initial Study did not identify any significant project related impacts. The existing quarry's processing facility is located on the northwest corner of its property, west of Koster Road, approximately 1,500 feet from the closest project property line. The haul routes for quarries in the area do not include the portion of Koster Road along the project properties. The Delta Mendota Canal provides a 370-foot barrier between the Project parcels and any potential quarry activity on the opposite side. Along the eastern property line of the five 5 and seven 7 feet in quarry on the west side of Koster Road is a berm measuring between { } ( ) DSS qu ry ( ) 9 height and approximately eight(8)feet across. The berm is also planted with oleanders along Koster Road. According to the site manager for DSS, all of their regularly traveled dirt roads are treated with Magnesium Chloride(Dust off),which controls dust. As a result, potential noise and air pollution impacts were not considered significant. San Joaquin County PA-02-3081Towers Community Development Page 8