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Mr. Bond stated, "Munn and Perkins doesn't want to work with the neighbors and not provide any sound wall or help to mitigate this noise or odor from this operation." He said, "The significant impacts identified in the EIR should not be ignored". The residences have been there as long as the plant and are equal players when it comes to being a good neighbor, but the facility does not play fair. When the plant is idle and is working to keep the mix warm he can smell the asphalt even though he lives one mile away from the project site. He also stated, "this is a double standard and if it generates tax revenue to the County it is fine to keep people awake, the plant is located in an agricultural zone and should be relocated to an industrial zone. How can this project be approved and justified when there is clearly a double standard?" Tom Terpstra (578 North Wilma Avenue, Ripon) His clients are the real people who need a voice tonight. The real impacts noise and odor cannot be mitigated. The subjective impacts are as real as the objective impacts. The FEIR tends to sanitize the impacts and when only looking diagrams, models and projections it doesn't put a human face on the project. These impacts are very real and personal and the studies prove it that these impacts are truly significant to the people who are left to deal with them. How does the 125 nights work when there are unexpected delays and how do the people get noticed when a delay occurs. The families are left to suffer with more days of nighttime operations. Finding No. 3 requires the Commission to find that the project will not be injurious to neighbors and adjacent properties. Tom stated, "The public is adversely affected by the noise and odor from this project." Moreover the approval of this project will result in a decline of property values in the area because families will have to disclose the fact that they live next to a Quarry that could operate 24 hours a day. Also,the amount of aggregates that will be produced at night are additional impacts because they will be increasing there production to meet the demand. Terpstra said, "There are confirmed reports that odor is an issue and the mitigation measure requires the applicant to consider any technological improvements to reduce odors". If the applicant is to only consider this implementation measure then how does it really work when the cost might be too expensive for Munn and Perkins, again my clients are impacted tremendously by odor. The San Joaquin Valley Air Pollution Control district has sent the Community Development Department a letter that odor will be a significant impact and that additional mitigation measures could be adopted. Also,the City of Riverbank and the Public Utilities Commission oppose the project. The noise will still be an issue and the opponents Noise consultant also identified noise mitigation measures that should be included and adopted. Terpstra said, again,the applicant has conformed that noise and odor are issues and they would like for the Commission to accept a Statement of Overriding Considerations, but, CEQA requires all mitigation measures to be considered. The FEIR fails to do this and should not be certified because it's inadequate. So Finding No. 3 should not be made because of the odor and noise. I would like for the neighbors to give actual stories and testimony. Diana Adrian (22201 Burwood Lane, Escalon) In 2000, 1 built a home, and the plant was a small facility not generating much noise, however, over the past few years the plant has become a nuisance. She stated, "I have had to build a ten foot fence and berms to shield the plant and help alleviate the noise. The plant ignores all County regulations and has built additions without building permit approvals. After an investigation by the District Attorney the operator stopped but still continued to operate out of compliance by not obtaining the proper approval to operate at night". She said, I am continuously awakened at night by loud noises from the plant and deprived of enjoying any summer nights in my backyard because of the noxious smell of burning rubber. After nighttime operations hardened rubberized asphalt is left on the roads surrounding the facility. The number of people that were contacted does not represent the number of people affected by this operation because only people within a 1,400' radius from the project site need to be contacted. Munn and Perkins should move its nighttime operations to another location. The plant has robbed us of our lives and the FEIR shows that noise and odor are a problem. She stated, "Sleep deprivation is a significant health risk causing major health problems." PC MINUTES 4. PC: 2-2-12