Agenda - Council - 12/11/2007 - Laserfiche WebLink

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Exhibit A Diamonds Petition for EAW December, 2007 Page 3 of active breeding eagles located "very near the site." The eagles' nest is over 1,300 feet from the property edge, based on the data on the location provided by the Fish and Wildlife Service/DNR. The bald eagle is a species of special concern for Minnesota. A species is considered a species of special concern if, although the species is not endangered or threatened, it is extremely uncommon in Minnesota, or has unique or highly specific habitat requirements and deserves careful monitoring of its status. Species on the periphery of their range that are not listed. as threatened may be included in this category along with those species that were once threatened or endangered but now have increasing or protected, stable populations. According to a DNR Bald Eagle Fact Sheet (http•//files dnr state mn us/natural resources/animals/birds/eagles/factsheet.pdf), critical nesting time for eagles in southern Minnesota is February 10 to May 1, during which activities. in the tertiary zone of 660 feet to'/4 mile from an eagle nest should be avoided. The rest of the year, there are no bald eagle-related restrictions on activities in the tertiary zone. No events will be scheduled between February 10 and May 1. Noise and Visual Impacts According to a Trail Bike Area Noise Assessment dated July 29, 2005, for Annandale, MN, by David Braslau Associates, Inc., the noise level from the trail bikes, based on decibel recordings, is lower than the Minnesota State Noise Standards rating (daytime L10 of 65 dB(A) at residential land uses -Minnesota Rule 7030.0040). It also shows the noise level and how it relates to residences located between 1,200 and 3,300 feet from the track. Noise standards are set forth in Minnesota Rule 7030. These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in Minnesota Rule 7030.0040, subpart 2 apply to all sources. The Diamonds property is considered to be in NAC 1 (which includes residential and camping and picnicking areas). The Owner will ensure that events comply with a daytime L10 of 65 dB(A), a daytime L50 of 60 dB(A), a nighttime L10 of 55 dB(A), and a nighttime L50 of 50 dB(A) at residential and park areas, according to Minnesota Rule 7030.0040, subpart 2. Daytime is defined by Minnesota Rule 7030.0020 as 7 am to 10 pm and nighttime from 10 pm to 7 am. "dB(A)" means a unit of sound level expressed in decibels (dB) and A-weighted. "Llo" means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. "LSO" means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. -248-