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Page 5 <br /> <br />Comment <br />Number <br />Agency / <br />Commenter Comment Response <br />3 Minnesota <br />Pollution <br />Control <br />Agency <br />The Responsible Governmental Unit (RGU) an any other land-use <br />decision makers, should consider language in Minn. R. <br />7030.0030 that reads “[…] Any municipality having authority to <br />regulate land use shall take all reasonable measures within its <br />jurisdiction to prevent the establishment of land use activities <br />listed in noise are classification (NAC) 1, 2 or 3 in any location <br />where the standards established in part 7030.0040 will be <br />violated immediately upon establishment of the land use.” The <br />Noise section of the EAW does not provide enough detail <br />regarding current and anticipated sound levels in the Project <br />area to determine whether an immediate violation of the state <br />noise standards would occur if the Project were approved. <br /> <br />The MPCA encourages Proposers to thoroughly evaluate <br />potential noise impacts to new and existing locations with <br />residential land use activities. <br /> <br />The Proposer identifies a bus service company, Holiday gas <br />station and pallet supplier as nearby receptors, but these could <br />also be nearby noise sources for the new residential buildings <br />proposed in the Project. <br /> <br />The Proposer should provide information on how the Project will <br />comply with the noise standards in Minn. R. 7030.0040. <br /> <br />The MPCA recommends the Proposer conduct a noise study and <br />potentially evaluate methods to mitigate noise impacts, <br />especially for residential locations. <br /> <br />Existing and planned land uses are not expected to produce, or be <br />subject to, noise levels which exceed statutory thresholds. The <br />existing source of noise levels on the proposed project are primarily <br />from agriculture farming and roadway noise. According to MINN. R. <br />7030.0050, the current Noise Area Classification (NAC) of the <br />proposed project is a 3. During active construction, the NAC is <br />expected to increase to a 4. Once construction has been completed, <br />the NAC is expected to decrease to a 1, which is consistent with <br />residential developments. If the project is approved, coordination <br />with the LGU and the MPCA will be completed to ensure the project <br />complies with MINN. R. 7030.0030 during active construction to <br />limit disturbances to nearby noise receptors. The project will also <br />be subject to time of work and other related noise controls found in <br />Lake Elmo City Ordinances. <br />Based on the master site plan, the distance from the nearest <br />residential use to a nearby commercial use is over 300 feet. Using <br />the same plan, townhomes and the proposed senior housing facility <br />are proposed at a distance of 75 from the edge of the roadway <br />along Manning Avenue North. The City may require further <br />evaluation of noise impacts with future approvals of the Limerick <br />Development project where more detailed site plans can be <br />compiled to ensure that future development plans are consistent <br />with applicable statutory noise standards. <br /> <br />4 Metropolitan <br />Council <br />The staff review finds that the EAW is complete and accurate <br />with respect to regional concerns and does not raise major <br />Comment noted.