2011-09-29_PERMIT FILE - M2009056

• Permit No: M2009056
• IBM Index Class Name: PERMIT FILE
• Doc Date: 9/29/2011
• Doc Name: Draft Environmental Assessment
• From: BLM Royal Gorge Field Office
• To: DRMS
• Email Name: DB2
• Media Type: D
• Archive: No

Use District
7: 00a. m. to 9:00p. m.
9: 00p. m. to 7: 00a. m.
Residential Districts
55
50
Business/Commercial Districts
60
55
Agricultural/Light Industrial Districts
65
55
Public
55
50
TABLE A
Maximum Permitted Noise Levels dB(A)
d a g
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engineen
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C. Park County
A draft of an ordinance titled "Noise Control Ordinance of Park County" is on record. Section 4,
Prohibited Acts, § (3) addresses construction noise which is similar to the State of Colorado Noise Law,
Section 25 -12 -103 § (5), But does not specify any noise limits such as A weighted decibels. Section 4 §
(3) of the Parks County ordinance is as follows:
(3) Construction. Operating or permitting the operation of any tools or equipment in connection
with construction, drilling or demolition work between the hours of 10 P.m. and 7 a.m. the following
day or weekdays and between the hours of 10 p.m. and 8 a.m. on weekends, or holidays such that
the sound there from creates a noise disturbance, across a residential real property boundary
except for emergency,' work on public service utilities or rights -of way.
This section of the Park County Noise Control Ordinance could be considered applicable to work
occurring during the development of Destiny Gravel Mine, but as mentioned above, there is no
measureable noise limit specified, only the words "a noise disturbance" which is highly subjective and
difficult to prove.
Section 5 of the Park County Noise Control Ordinance addresses motor vehicle sound pressure levels
but does not specify any noise limit in measurable quantities such as A- weighted decibels. In summary;
the Park County Noise Control Ordinance is based upon subjective response to noise especially that
which would be coming from the Destiny Gravel Mine.
D. City of Fairplay
The City of Fairplay Municipal Code, Article 10, Noise, Sections 10 -10 -10 thru Section 10 -10 -100
addresses noise. The code is extensive and details allowable noise limits in terms of accepted
acoustical engineering methods. The code is receptor based, that is: the allowable noise limits are for
those occurring on the receptor's property irregardless of the zoning of usage of the adjacent or nearby
property upon which the noise source is located. This is addressed in Section 10 -10 -2, Excessive Noise
Prohibited, § (a, b, c) which are as follows:
(a) It is unlawful and a public nuisance for any person to emit or cause to be emitted any noise in
excess of the noise level during the time periods as specified in Table A below. in determining
whether a violation of this Article is occurring the noise and /or noise source shall be measured
at any point along the property line or within the property line, of the receiving oar receptor
premises.
(b) Periodic, impulse or shrill noises shall be considered a public nuisance when such noises are
at a sound level of five (5) dB(A) less than those listed in Table A below.
(c) In a PUD overlay /zone district, except as otherwise provided for in the approved applicable
PUD zoning, the maximum permitted noise level shall be in conformance with the underlying zone
district, or that zone district listed in the "Maximum Permitted Noise Levels" table most similar to
the PUD district as determined by the Town Administrator. (Ord. 11, 2002 § 1).
An exception is made in Section 10 -10 -30 § (7) which would be applicable to electrical generation
equipment in use at the Destiny Gravel Pit. This section reads as follows:
E.D.I. Job # C3864
Page 5 of 11
3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303 - 761 -4367 • fax: 303 - 761 -4379