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The Statement of Overriding Considerations are in contradiction as stated on Page 12, the availability of sand and gravel aggregate resources does not, in itself, induce or encourage growth. If the reason why the Statement of Overriding Considerations is being considered is because the project will create new jobs,this is a contradiction because the availability of supplies will not encourage growth. There is no real evidence that this request will create new county jobs. If the plant is not able to serve projects then other suppliers will serve the projects. Additionally, how can the project applicant state shorter haul routes reduces emissions when more than Y (half) of the material that comes to the site is from Waterford or Table Mountain. Another issue that has never been studied is how many trucks come from off-site to drop off supplies and materials,the only analysis that has been studied are trips leaving the site and trucks returning to the site from specific jobs. Also, as applied to this project site, haul routes are not shorter as compared to operators in the Vernalis area, reports show that the haul routes Munn and Perkins use increase emissions. Quarry operators from the Vernalis area will create fewer emissions because they will travel through less intersections, less traffic signals thereby reducing emissions versus leaving the River Road site where train signals and more traffic intersections are prevalent. The Statement of Overriding Considerations cannot be conclusive when the additional reports show that emissions are not reduced because the applicant has to bring in most of the material from off-site sometimes as far as 50 miles. Competitors can serve the same nighttime paving jobs it really depends on who has the lowest bid. Granite Construction was just awarded a nighttime paving job with the same amount of jobs. The project has generalized benefits versus real impacts for the adjacent property owners i.e. noise and odor. These are issues not felt in the Vernalis area because there are not homes in that area of the County near the quarries because of the potential for land use conflicts. My clients homes were built in this area before Munn and Perkins intensified their use. We have approached the Commission before on different issues, diesel being staged in the trucks near residences, sand being processed from the Harold Road/River Road site, we have worked with Munn and Perkins in the past but the impacts are real from noise and odor. Also, what needs to be identified is that the EIR used the wrong baseline and a failure to identify meaningful alternatives to minimize noise and odor impacts. The impacts to railroad crossings were not analyzed and the project description was misleading. All feasible mitigation measures were not explored and a Statement of Overriding Considerations should not be adopted for this project. If a Statement of Overriding Considerations is to be considered there should be a specific benefits, however, there is not a benefit but specific impacts to my clients which are odor and noise. Terpstra asked the Commission that if any new information is presented that he is able to respond. REBUTTAL: Rod Attebery(509 West Weber, Stockton) explained as a point of clarification that no new information will be introduced into the record and that all maps and documentation presented tonight have been presented to staff prior to the hearing. Attebery stated, "All the comments that have been discussed tonight are the same comments that have been addressed thoroughly in Section 9 of the EIR". Munn and Perkins is sympathetic to the neighbors concern and the EIR was proposed by the applicant prior to staffs recommendation. In addition the applicant has also self-imposed their own mitigation measures for the project. Also,there is a clarification in regards to CEQA when responding to impacts which are objective versus subjective in nature. For instance the noise- there is a County standard which has a threshold to determine if the County standard has been exceeded, however,there is no County standard or significance threshold that states how many people are awakened by noise whether it's 100% or 1%. PC MINUTES 6,_ PC: 2-2-12