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Not Approved 345'-375' in length. This plan is illustrated on a Site Plan attached to the Wenck sound report. Conceptual cross- sections views of the proposed berm have been provided to staff. 2. Move the rubble dump area approximately 700' to the east(and 700' further away from the residential uses). This results in the processed or crushed material,to be swapped with the rubble pile location. 3. Limit the dump platform for gated trucks in the new rubble dump location to an elevation not to exceed 25'. The applicant intends to bi-sect the rubble dump area into two halves with non-gated trucks dumping on the north half at an elevation not to exceed 40' and the gated trucks dumping on the south half at an elevation not to exceed 25'. The northern 230' of the proposed sound berm/barrier would be constructed of compacted rubble. The remaining section of sound barrier, or the southern 130',would be constructed as partially compacted soil at the base(bottom 15'-19') and a manufactured concrete sound barrier(wall)for the top 18'-22'. This berm/barrier construction achieves several goals including: 1)adequately protects the transmission tower,2) conserves yard space,and 3)allows protection of an existing drainage swales and run-off filtering system. The actual plans for the berm/barrier construction area still somewhat conceptual. The applicant will be working to finalize more detailed plans and those plans must be submitted to the Engineering/Public Works Department for final review and approval. The 2010 land use approvals, and associated sound mitigation berm,were the result of many complaints that were received from the residential neighborhood to the west,primarily the Rockstone Court neighborhood. There was a broader land use effort at the time to create a legislative means to permit Belair's crushing operation,which had been occurring for years un-permitted. This effort resulted in the creation of the Environmental Constraint Overlay Area zoning district. The standards in this zoning overlay were drafted specifically for Belair's use and based upon a lot of the sound study they had undertaken. The most significant condition within the overlay related to sound, and restricted decibel levels measured at the nearest residential use to 56.5 dBA. The 56.5 dBA was a decibel level deemed appropriate in 2010,was written into the ordinance, and related to the loudest sound event on Belair's site,which was the bang of a tail gate. For perspective,the average background noise on Rockstone Court,as measured in 2010,was approximately 42 decibels and a sound level change(increase or decrease)of 10 decibels gives the perspective of increasing or decreasing sound by half Staff recommends approval of Addendum No. 5 to the Sound Mitigation Plan, subject to the following conditions: • The revised sound mitigation berm/barrier is fully constructed by June 30, 2014 and once constructed it must not be disturbed. • The revised sound mitigation barrier is constructed consistent with the submitted plans. The applicant further agrees to submit a plan view of the proposed berm/barrier for Engineering/Public Works review and approval. • All yard dedicated equipment is equipped with"HUSH"back up alarms. • Conformance with the recommendations outlined in the Interoffice Engineering Memo dated 5-12-2014. • Continued compliance with Resolutions 10-068 and 10-069 except as herein modified allowing non-completion of the original sound mitigation berm to the elevation of 926 within the 130' electrical transmission easement area. • The applicant obtains any necessary permits from Rice Creek Watershed District and Xcel Energy for implementation of this Addendum No. 5 to the Sound Mitigation Plan. Steven Glynn, 2158 Lakebrook Drive, explained he lived south of the Belair Excavating and was able to hear the tail gate bang and backup beeping from his home. He questioned what materials would be used to construct the new berm and requested trees be planted on the berm. Mike Murlowski,Murlowski Properties,reported 70%of the berm would be constructed in the next 30 days. He indicated the portion of the berm under the lines were still in question as he was still seeking stock concrete panels. He explained after the dump area would be switched as soon as the Council approves his request. This would improve noise situation in a hurry. Commissioner Banker questioned the latest date the sound wall would be completed. Mr. Murlowski anticipated that worst case scenario for the berm would be August 31,2014. He explained that the concrete panels would take approximately 10-12 weeks to fabricate. 2