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C4 <br />345' -375' in length. This plan is illustrated on a Site Plan attached to the Wenck sound report. Conceptual cross - <br />sections views of the proposed berm have been provided to staff. <br />Move the rubble dump area approximately 700' to the east (and 700' further away from the residential uses). <br />This results in the processed or crushed material, to be swapped with the rubble pile location. <br />Limit the dump platform for gated trucks in the new rubble dump location to an elevation not to exceed 25'. The <br />applicant intends to bi -sect the rubble dump area into two halves with non -gated trucks dumping on the north half <br />at an elevation not to exceed 40' and the gated trucks dumping on the south half at an elevation not to exceed 25'. <br />The northern 230' of the proposed sound berm/barrier would be constructed of compacted rubble. The remaining section <br />of sound barrier, or the southern 130', would be constructed as partially compacted soil at the base (bottom 15' -19') and a <br />manufactured concrete sound barrier (wall) for the top 18' -22'. This berm/barrier construction achieves several goals <br />including: 1) adequately protects the transmission tower, 2) conserves yard space, and 3) allows protection of an existing <br />drainage swales and run -off filtering system. The actual plans for the berm/barrier construction area still somewhat <br />conceptual. The applicant will be working to finalize more detailed plans and those plans must be submitted to the <br />Engineering/Public Works Department for final review and approval. <br />The 2010 land use approvals, and associated sound mitigation berm, were the result of many complaints that were <br />received from the residential neighborhood to the west, primarily the Rockstone Court neighborhood. There was a <br />broader land use effort at the time to create a legislative means to permit Belair's crushing operation, which had been <br />occurring for years un- permitted. This effort resulted in the creation of the Environmental Constraint Overlay Area <br />zoning district. The standards in this zoning overlay were drafted specifically for Belair's use and based upon a lot of the <br />sound study they had undertaken. The most significant condition within the overlay related to sound, and restricted <br />decibel levels measured at the nearest residential use to 56.5 dBA. The 56.5 dBA was a decibel level deemed appropriate <br />in 2010, was written into the ordinance, and related to the loudest sound event on Belair's site, which was the bang of a <br />tail gate. For perspective, the average background noise on Rockstone Court, as measured in 2010, was approximately 42 <br />decibels and a sound level change (increase or decrease) of 10 decibels gives the perspective of increasing or decreasing <br />sound by half. Staff recommends approval of Addendum No. 5 to the Sound Mitigation Plan, subject to the following <br />conditions: <br />• The revised sound mitigation berm/barrier is fully constructed by June 30, 2014 and once constructed it must not <br />be disturbed. <br />• The revised sound mitigation barrier is constructed consistent with the submitted plans. The applicant further <br />agrees to submit a plan view of the proposed berm/barrier for Engineering/Public Works review and approval. <br />• All yard dedicated equipment is equipped with' HUSH" back up alarms. <br />• Conformance with the recommendations outlined in the Interoffice Engineering Memo dated 5 -12 -2014. <br />• Continued compliance with Resolutions 10 -068 and 10 -069 except as herein modified allowing non - completion <br />of the original sound mitigation berm to the elevation of 926 within the 130' electrical transmission easement <br />area. <br />• The applicant obtains any necessary permits from Rice Creek Watershed District and Xcel Energy for <br />implementation of this Addendum No. 5 to the Sound Mitigation Plan. <br />Steven Glynn, 2158 Lakebrook Drive, explained he lived south of the Belair Excavating and was able to hear the tail gate <br />bang and backup beeping from his home. He questioned what materials would be used to construct the new berm and <br />requested trees be planted on the berm. <br />Mike Murlowski, Murlowski Properties, reported 70% of the berm would be constructed in the next 30 days. He <br />indicated the portion of the berm under the lines were still in question as he was still seeking stock concrete panels. He <br />explained after the dump area would be switched as soon as the Council approves his request. This would improve noise <br />situation in a hurry. <br />Commissioner Banker questioned the latest date the sound wall would be completed. Mr. Murlowski anticipated that <br />worst case scenario for the berm would be August 31, 2014. He explained that the concrete panels would take <br />approximately 10 -12 weeks to fabricate. <br />