2011-09-29_PERMIT FILE - M2009056

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a engineering dynamics e j incorporated (7) Any commercial power equipment operating between 7:00a.m. and 9:OOp.m.; provided that such equipment does not exceed a noise level of eighty (80) dB(A), when measured twenty -five (25) feet from the property line of the property on which the equipment is being operated; and further provided that between 9:OOp.m. and 7:00a.m., such equipment does not exceed the maximum noise levels as specified for the applicable use district in Table A in Section 10 -10 -20 above. A second exception regarding back -up alarms is presented in Section 10 -10-40 § (1). (1) Vehicle horns and audible warning devices. No person shall at any time sound any hom or other audible signal device of a motor vehicle in excess of ten (10) seconds unless it is necessary as a warning to prevent or avoid a traffic accident, or is reasonable necessary to inform or warn of a vehicle presence, inclusive of audible back -up safety warning devices. Backup alarms that produce a "white noise" sound are now being used by the mining industry and others. This new method of warning or alerting workers that they are in a hazardous zone behind a piece of equipment, such as a front end loader, meets the requirement of the Mine Safety Health Administration (MSHA) and are now in use at several gravel pits in the Rocky Mountain Region. The "white noise" from these alarms, because of the characteristics of the sound, is not as audible as the older backup beepers. These "white noise" backup alarms will be installed on the mobile equipment operating in the Destiny Gravel Pit. E. U. S. Bureau of Land Management (BLM) It has been Engineering Dynamics's experience that when a project such as a mineral extraction site or gas compressor station is located on or adjacent to BLM land that the applicable noise limits are those of the jurisdiction adjacent to or in close proximity to the project. The applicant, Destiny Gravel Pit has been instructed b y the BLM that the noise ordinance of the City of Fairplay is applicable and that the project must be in conformance with this ordinance. This requirement has been presented in a letter from Keith E. Berger of the BLM, Royal Gorge Field Office, dated January 21, 2011, reference 3809 (COF020, SSC). In that letter the following is stated: It has been determined that a sustained 55 decibel limit for noise at the boundary of operations in closest proximity to a residential dwelling is the criteria that will be used for assessing potential significant noise impacts. This stipulation is a result of extensive reviews of many local regulations and policies, as well as consideration of the established industry strategies for noise mitigation. This BLM requirement is almost identical to the requirements set forth in the City of Fairplay Municipal Code, Article 10, Section 10- 10 -10- thru Section 10 -10 -100. F. Zoning of Adjacent Land 1. North The land to the north is a residential development titled the "Stone River Filing No. 1 ". A residential road called the Tristan Loop abuts to the northern pit boundary along the eastern portion of the northern boundary. Residences are located on Lot 1, 2, 5 and 6. The closest residence is Filing 1, Block 10, Lot 5, John F. Riley. The distance from the pit boundary to the residence is about 75 ft. All other residences to the north of the pit boundary are further away. 2. South The land to the south of the pit boundary is BLM property and no noise limits have been established. South of the BLM land and south of Thompson Park Road are two properties, both of 4.0 acres. They are: • Lot 7, Carson /Dianne Gilmer • Lot 8, Thomas /Mader Teri E.O.I. Job # C3864 Page 6 of 11 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303 - 761 -4367 • fax: 303 - 761 -4379