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a. engineering
<br />,n dynamics
<br />e I incorporated
<br />II. APPLICABLE LAWS, REGULATIONS, ORDINANCES and LAND ZONING
<br />A. Community Noise
<br />Community noise has been addressed by the Federal Government starting with the U. S. Environmental
<br />Protection Agency, (EPA) "Noise Control Act of 1972 ". In concert with that act, state and local
<br />governments have enacted laws or ordinances regulating noise emission levels. Furthermore, these
<br />laws clearly define measurement methodology and decibel limits in scientific terms. Some laws do,
<br />however, include subjective assessments, which are considered outside of rigorous scientific evaluation
<br />and for this reason can be highly variable. Subjective assessments or considerations will not be
<br />addressed in this report for that reason.
<br />B. State of Colorado Noise Law
<br />Section 25 -12 -103. Maximum Permissible Noise Levels
<br />§(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise
<br />produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of
<br />noise radiating from a property line at a distance of twenty -five feet or more therefrom in excess
<br />of the dB(A) established for the following time periods and zones shall constitute prima facie
<br />evidence that such noise is a public nuisance:
<br />§(2) In the hours between 7:OOam and the next 7:OOpm, the noise levels permitted in subsection (1)
<br />of this section may be increased by ten dB(A) for a period of not -to- exceed fifteen minutes in any
<br />one -hour period. This paragraph in the State of Colorado Noise Law has been interpreted to
<br />mean that this 10 dB increase can occur once and only once during the daytime hours of 7:OOam
<br />to 7:OOpm and never during the nighttime hours.
<br />§(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are
<br />at a sound level of five dB(A) less than those listed in subsection § (1) of this section.
<br />Examples
<br />Periodic — pile drivers, impact wrenches, punch presses, jack hammers and compaction
<br />equipment.
<br />Impulsive — firearm, fireworks, blasting, high pressure venting.
<br />Shrill — sirens, metal forming, warning devices.
<br />§(5) Construction projects shall be subject to the maximum permissible noise levels specified for
<br />industrial zones for the period within which construction is to be completed pursuant to any
<br />applicable construction permit issued by proper authority or, if no time limitation is imposed, for a
<br />reasonable period of time for completion of project. This section of the law has been interpreted
<br />to include mine development as construction. Such construction would include access
<br />roads, top soil removal and storage, set up of stationary equipment such as crushers, screens
<br />and engine generators, installation of utilities and construction of earthen noise barrier berms.
<br />Section 25 -12 -104 Action to Abate
<br />The entire section was amended in 2008 and made effective on August 5, 2008. The last sentence
<br />of this section now reads:
<br />The court may stay the effect of any order issued under this section for such time as is
<br />reasonably necessary for the defendant to come into compliance with the provisions of this
<br />article.
<br />E.D.I. Job # C3864
<br />Page 4 of 11
<br />3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303 -761 -4367 • fax: 303 - 761 -4379
<br />Maximum Allowable Noise Levels
<br />Zone
<br />7am to next 7pm
<br />7pm to next 7am
<br />Residential
<br />55 dB(A)
<br />50 dB(A)
<br />Commercial
<br />60 dB(A)
<br />55 dB(A)
<br />Light Industrial
<br />70 dB(A)
<br />65 dB(A)
<br />Industrial
<br />80 dB(A)
<br />75 dB(A)
<br />a. engineering
<br />,n dynamics
<br />e I incorporated
<br />II. APPLICABLE LAWS, REGULATIONS, ORDINANCES and LAND ZONING
<br />A. Community Noise
<br />Community noise has been addressed by the Federal Government starting with the U. S. Environmental
<br />Protection Agency, (EPA) "Noise Control Act of 1972 ". In concert with that act, state and local
<br />governments have enacted laws or ordinances regulating noise emission levels. Furthermore, these
<br />laws clearly define measurement methodology and decibel limits in scientific terms. Some laws do,
<br />however, include subjective assessments, which are considered outside of rigorous scientific evaluation
<br />and for this reason can be highly variable. Subjective assessments or considerations will not be
<br />addressed in this report for that reason.
<br />B. State of Colorado Noise Law
<br />Section 25 -12 -103. Maximum Permissible Noise Levels
<br />§(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise
<br />produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of
<br />noise radiating from a property line at a distance of twenty -five feet or more therefrom in excess
<br />of the dB(A) established for the following time periods and zones shall constitute prima facie
<br />evidence that such noise is a public nuisance:
<br />§(2) In the hours between 7:OOam and the next 7:OOpm, the noise levels permitted in subsection (1)
<br />of this section may be increased by ten dB(A) for a period of not -to- exceed fifteen minutes in any
<br />one -hour period. This paragraph in the State of Colorado Noise Law has been interpreted to
<br />mean that this 10 dB increase can occur once and only once during the daytime hours of 7:OOam
<br />to 7:OOpm and never during the nighttime hours.
<br />§(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are
<br />at a sound level of five dB(A) less than those listed in subsection § (1) of this section.
<br />Examples
<br />Periodic — pile drivers, impact wrenches, punch presses, jack hammers and compaction
<br />equipment.
<br />Impulsive — firearm, fireworks, blasting, high pressure venting.
<br />Shrill — sirens, metal forming, warning devices.
<br />§(5) Construction projects shall be subject to the maximum permissible noise levels specified for
<br />industrial zones for the period within which construction is to be completed pursuant to any
<br />applicable construction permit issued by proper authority or, if no time limitation is imposed, for a
<br />reasonable period of time for completion of project. This section of the law has been interpreted
<br />to include mine development as construction. Such construction would include access
<br />roads, top soil removal and storage, set up of stationary equipment such as crushers, screens
<br />and engine generators, installation of utilities and construction of earthen noise barrier berms.
<br />Section 25 -12 -104 Action to Abate
<br />The entire section was amended in 2008 and made effective on August 5, 2008. The last sentence
<br />of this section now reads:
<br />The court may stay the effect of any order issued under this section for such time as is
<br />reasonably necessary for the defendant to come into compliance with the provisions of this
<br />article.
<br />E.D.I. Job # C3864
<br />Page 4 of 11
<br />3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303 -761 -4367 • fax: 303 - 761 -4379
<br />
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