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3. REVISIONS OF APPROVED ACTIONS APPLICATION NO. QX-89-0002 AND ENVIRONMENTAL IMPACT REPORT NO. PA-1100114 OF AGGREGATES. INC. (C/O MUNN & PERKINS) to amend Ordinance Development Requirement No. 4. of a previously approved quarry excavation permit (QX-89-0002) as follows: Hours of Operation:With the exception of periods of declared National, State, or County emergency, daily operations shall be restricted to the period between 5:00 a.m. and 9:00 p.m. The extended hours of 9:00 p.m. to 5:00 a.m.will be permitted only or projects that contain spec cations that limit work to nighttime hours. The number of extended nights will not exceed 125 nights per year provided there are no unexpected delays in construction work. Nighttime work will be limited to the asphalt batch plant, loaders, trucks including a water truck, and scale house. The crushing of rock and excavation activities will not be permitted between the nighttime hours of 9:00 p.m. and 5:00 a.m. The project is located at the southwest intersection of east river road and Harrold Avenue, Escalon (Supervisorial District 4). (This item was continued from the Planning Commission meetings of December 1, 2011 and January 19, 2012) John Funderburg, Principal Planner, introduced the staff report in the record. PUBLIC HEARING OPENED: PROPONENTS: Tom Shephard (509 West Weber, Stockton) stated the site has existed since the early 1930's and the request is to only permit for special nighttime operations only.Also important to note that the site receives 50% of its aggregate material (sand)from another pit across the street(northeast corner of Harold and River Most of the site now has been reclaimed and is farmed by independent contractors. He said the landscape is changing for aggregate operators and Caltrans is requiring more nighttime paving operations to avoid daytime traffic on local highways.Also, nighttime operations are not an increase in production as the San Joaquin Valley Air Pollution Control District sets limits on how much can be produced daily. In order to achieve this site would reduce its daytime production and shift the production to night for specific jobs. He said roads are now requiring rubberized asphalt and that the recycling of tires for these types of project is important. Disposing of old tires has become a problem and this is a better use of the tires besides placing them in landfills. Many times it is not the use of the operator which requires rubberized asphalt but it is contained in the specifications of paving jobs or the client. Shephard stated, Munn and Perkins accepts the Conditions of Approval for this project and he agrees that the Final Environmental Impact Report (FEIR) is adequate under the provisions of CEQA. He said the FEIR contains two unavoidable impacts odor and noise.The use of rubberized asphalt has created an odor which is a subjective impact. The Air District has tested but has not confirmed there is a problem. However,the Air District has received numerous complaints regarding the odor. The second impact is the potential for awakenings at night by the passage of trucks. He noted that the majority of trucks at night are not from the Munn and Perkins facility. In the case of both odor and noise they meet the Air District and Development Title Standards, however these are subjective impacts that might affect some individuals as discussed in the FEIR. He stated they(Munn and Perkins)do not disagree with this FEIR conclusion. Also, Munn and Perkins has agreed to all Mitigation Measures as identified in the FEIR and is looking into incorporating a new specification that helps to reduce odor. He stated, Caltrans is about to adopt a specification which will allow the use of"warm" mix rubberized asphalt, as opposed to"hot" mix Munn and Perkins has agreed to retro-ft the facility for the"warm' mix rubberized asphalt application. Retrofitting will begin in 2012 and Munn and Perkins will begin using "warm" mix in 2013 as specked for certain jobs. PC MINUTES i PC: 2-2-12