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RECEIVED <br /> THOMAS H. TE"STRAA AUG 21 2008 <br /> ATTORNEY AT LAW CQmmun .Development <br /> A PROFESSIONAL CORPORATION dY, elopmentDept <br /> tterpstra@thtlaw.com 578 N.WILMA AVENUE 209.599.5003 <br /> SUITE A F209.599.5008 <br /> RIPON, CA 95366 <br /> August 19, 2008 RECEIVEE) <br /> AUG 2 0 2008 <br /> Mr. Kevin Swanson <br /> San Joaquin County Community Development Department Commtlll#L}! DDVB#O�ltlt De{ . <br /> 1810 East Hazelton Avenue <br /> Stockton, California 95205 <br /> Re: Revision of Approved Actions/QX-89-0002/Munn& Perkins <br /> Dear Mr. Swanson: <br /> Thank you for taking the time to meet with me last week regarding the above-referenced <br /> application. As you know, I represent property owners adjacent to the existing Munn and <br /> Perkins plant, and my clients will be adversely affected by the proposed modification to the <br /> existing Use Permit. To put it simply, allowing what appears to be unlimited night time <br /> operations will impose a severe burden on neighboring property owners, interrupting sleep <br /> patterns and raising additional public safety concerns. <br /> We question whether it is appropriate to allow such a significant extension of operating <br /> hours, with concomitant increases in environmental impacts, for a facility which is so close to <br /> existing residences. At a minimum, before the Planning Commission and Board of Supervisors <br /> consider such a request, comprehensive noise and traffic studies should be performed to <br /> accurately assess the extent of such impacts. The noise study should evaluate impacts from <br /> operation of the batch plant, and truck noise impacts to adjoining residential property owners, <br /> particularly along the anticipated haul routes. For example, we have been informed by <br /> representatives of the applicant that in order to supply the proposed McHenry Avenue project, a <br /> loaded truck will be leaving the plant at least every five minutes. Of course, an unloaded truck <br /> will also be returning to the plant during that time frame. Thus, at a minimum, there will be 24 <br /> truck trips per hour, each of which will be accelerating and braking just a few feet from <br /> neighbors who are trying to.sleep'=::These-ilripacts must be addressed now, and feasible <br /> mitigation measuresxrnuss be imposed both prospectively (that is, to future nighttime projects) <br /> and retroactively to the McHenry-Avenue project, which vwas apparently permitted <br /> admrnrstra ivcly. <br /> I Finally, I would request that you provide my office McHenry Avenue <br /> project's construction schedule and contracts demonstrating the duration of it at:,project and the <br />