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However, the smell is related to the H2S, because you have to keep it hot. But in the new method of using warm mix,the smell is reduced substantially. Currently,we have one plant equipped for warm mix operations and ft's located in Marysville." Attebery commented that the letter from Cal Trans regarding the switch to warm mix is a self imposed mitigation measure and the H2S in regards to odor the Air District commented that Munn and Perkins has not exceeded the H2S standards.Also, CEQA is fairly clear when you define mitigation measures and under the California Code of Regulations mitigation measures are not required for impacts that are not deemed significant. Rod stated, "The EIR is the determining factor to as if mitigation is needed and whether or not you have looked at all feasible mitigation measures. Nothing has been studied more than noise in this document and this is supported by the EIR. Additional mitigation measures that were identified by the noise consultant or Air District and were not analyzed is because there was not an exceeding of noise at the plant or a County standard in regards to awakening. Attebery commented on the adjacent neighbor's concern over odor and that as a point of clarification half of the neighbors live upwind and half live downwind of the plant. Most neighbors have indicated that this is a new odor or an expansion of use. However, the plant has been manufacturing asphalt since 1957 and rubberized asphalt for the last twenty years and this is not a new odor. Rod commented on that bringing the material from another site for project creates a higher emissions and the cost associated with this increases. Also, regarding toxic emissions and the concern of cancer, he noted that every air analysis for this facility shows that the plant is not toxic and does not exceed industry or air standards. Attebery commented on the McHenry Road concern and the use of Jake brakes at the intersection was raised and the mitigation specifies that Jake brakes not be used. However, the applicant can not control other trucks that use Jake brakes over flat terrain and the intersection. Rod commented that there was concern over the use of a live monitor as once the trucks leave the facility they will increase speeds along the haul route. As recommended in the EIR the applicant is will use a live monitor such as a retired CHP officer but will also add other components to help educate the drivers. The intent is that the more this is in place it reinforces for the drivers to drive at the recommended speeds to reduce noise impacts. Attebery commented on the disclosure statement for the California Real Estate form and that the form recommends the buyer to investigate all nuisances associated with the property not just that the seller provide a list to the prospective buyer. Rod, stated, "this facility has been permitted by the County and that this an appropriate location as demonstrated by previous approval for the facilities as most recent with the Bellino Permit as reserves was depleting from the Munn and Perkins facility also 30%-50% of the materials produced at this site is made up of sand and it's incorrect to state that this facility is just an assembly plant. " Attebery stated, "The Statement of Overriding Considerations for this project is what should be considered here tonight and Munn and Perkins has acknowledged the two unavoidable significant impacts; however, in the Staff Report specifically Page 19 the list of benefits for this project outweigh the twenty-three (23) residences. Noise and odor are raised as subjective issues here and have not exceeded any County standards.The benefit of jobs produced by George Reed for people at the site, haulers and construction workers at the project site is important." Commissioner Hamilton asked, "Is the current operation working 16 hours a day for five or seven days per week?' Attebery responded, "The current operation is for seven days a week." Commissioner Johnson asked, "What is the percentage of business that comes from Cal Trans?" Attebery responded, "The operations manager has indicated at least 50%." PC MINUTES 8 PC: 2-2-12