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On the Need for an Environmental Assessment Worksheet Findings of Fact Bituminous Roadways, Inc. Hot Mix Asphalt Plant Project Conclusions of Law Columbus, Minnesota And Order 13 74. Noise area classifications (NAC) are based on the land use at the location of the person who hears the noise, which does not always correspond with the zoning of an area. Therefore, noise from an industrial facility near a residential area is held to the NAC 1 standards if it can be heard on a residential property. 75. Bituminous’ CUP application states the Project vehicles and equipment will operate with standard noise reduction features such as mufflers. Bituminous’ heavy construction vehicles and delivery vehicles, which will be the majority of the delivery vehicles going to the Project site, will be equipped with “white noise” backup alarms to reduce noise impacts. Bituminous is also centralizing the Project operations to provide perimeter buffer. Bituminous will also be landscaping the Project property perimeter to further reduce the potential for noise. 76. The MPCA reviewed information available on similar facilities, including traffic studies completed included on a previous EAW (Bituminous Roadways Roseville) and determined Bituminous’ plans for noise reduction at the Project site is comparable to other facilities and designed to meet Minnesota Noise Standards. Noise Concerns - Truck Traffic 77. The Petitioner states concerns that large volumes of truck traffic will cause great amounts of sound and vibration, which would stress the horses and cause loss of sleep. 78. Trucks delivering supplies or products will be equipped with standard noise reduction features such as mufflers. 79. Although Bituminous is required to meet Minnesota noise standards at the Project site, Minnesota statutes provide exemptions from the noise standards on county and city roads, including CSAH 54 under Minn. Stat. § 116.07 subd. 2a. The exemptions from standards is: “No standards adopted by any state agency for limiting levels of noise in terms of sound pressure which may occur in the outdoor atmosphere shall apply to (1) segments of trunk highways constructed with federal interstate substitution money, provided that all reasonably available noise mitigation measures are employed to abate noise, (2) an existing or newly constructed segment of a highway, provided that all reasonably available noise mitigation measures, as approved by the commissioners of the Department of Transportation and Pollution Control Agency, are employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an existing or newly constructed segment of a road, street, or highway under the jurisdiction of a road authority of a town, statutory or home rule charter city, or county, except for roadways for which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, or (5) motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July 1, 1996. Nothing herein shall prohibit a local unit of government or a public corporation with the power to make rules for the government of its real property from regulating the location and operation of skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July 1, 1996.”