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Memorandum to: Thomas Zappia Confidential Attorney/Client <br />Zappia & LeVahn Privileged Information <br />October 17, 2008 <br />Page 2 <br />• The noise emanating from an NAC and impacting a neighboring NAC is limited by the <br />rules. Different levels are specified for daytime (0700-2200) and nighttime (2200-0700) <br />periods. The noise is (usually) evaluated at the property line of the receiving NAC. <br />• NAC 1 generally includes land uses such as household units & other residential <br />(including farmhouses), medical services, transient lodging (e.g., hotels) and other <br />cultural, entertainment and recreational activities. <br />• For NAC 2, transportation facilities, retail trade, service establishments and some outdoor <br />activities are included. <br />• NAC 3 covers manufacturing, utilities, agricultural and "all other activities not otherwise <br />listed". <br />• NAC 4 covers undeveloped and unused land and water areas. <br />• The noise limits are listed below for NAC's 1, 2, & 3: <br />Receiver Noise . <br />Area Classification Daytime Nighttime <br />L5o Lio L5o Lio <br />1 60 65 50 55 <br />2 65 70 65 70 <br />3 75 80 75 80 <br />The noise limits are in decibels, abbreviated dB, on the A scale, further abbreviated dBA. The <br />L10 is the level exceeded for 10% of the time; the L50 is the level exceeded for 50% of the time <br />and is considered the "average" sound level. <br />The residential receptor is NAC 1 and the crushing plant site is NAC 3. <br />Results Comparison <br />The measurement results show that the sound at the residence with either the crushing plant <br />operating or not operating meets the Minnesota rule requirements for both daytime and nighttime <br />conditions. <br />COMPARISON OF THE RESULTS WITH THE NEW BRIGHTON CODE <br />Description of the Code <br />The following was provided by the City of New Brighton as an excerpt from section 6-390 of <br />their Zoning Code: <br />T:\0980\06GSound Survey Report Memo.doc <br />