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<br />. <br /> <br />~ <br /> <br />LAW OFFICES OF <br />PETERSON, BELL, CONVERSE & JENSEN, P.A. <br /> <br />Erwin A. Peterson <br />Robert C. Bell <br />Willard L. Converse <br />Roger A. Jensen <br />Kurt F. Walther <br />James C. Erickson*t <br />Carol A. Baldwin <br />Caroline Bell Beckman <br />Mitchell W. Converse <br /> <br />1500 Minnesota World Trade Center <br />30 East Seventh Street <br />St. Paul, MN 55101 <br /> <br />Telephone (612) 223-4999 <br />Facsimile (612) 223-4987 <br /> <br />Of Counsel <br />Charles R. Bartholdi <br /> <br />March 5, 1997 <br /> <br />Mr. J. David Thornton <br />Minnesota Pollution Control Agency <br />520 Lafayette Road <br />St. Paul, MN 55155-4194 <br /> <br />RE: Centre Pointe Business Development <br /> <br />Dear Mr. Thornton: <br /> <br />, ' , <br />Ryan Twin Lakes Limited Partnership has proposed to complete an office, hotel and <br />restaurant development known as Centre Pointe on a vacant site in Roseville immediately <br />adjacent to Interstate 35W. Noise studies performed on the proposed development by Braun <br />Intertec have indicated that the development will actually reduce noise levels in the nearest <br />residential area (because the buildings would abate noise from the freeway). While noise levels <br />on the site itself would increase, the studies have indicated that any increase will fall below the <br />3 decibel level, and for that reason be considered unnoticeable by the human ear. Nevertheless, <br />peak period noise levels at the site already exceed the state nighttime noise standards due to <br />traffic noise created by the freeway. Completion of the project is not expected to reduce those <br />levels below the state nighttime standards at all receptor locations. <br /> <br />Under the circumstances the City does not believe that the proposed project will create <br />any significant noise problems. We are concerned, however, about a potential misinterpretation <br />of Minnesota Rule 7030.0030 that would expose the City to litigation if it grants permits or <br />rezonings needed for the project. That Rule states in relevant part that "[a]ny municipality <br />having authority to regulate land use shall take all reasonable measures within its jurisdiction to <br />prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or <br />3 in any location where the standards established in part 7030.0040 will be violated immediately <br />upon the establishment of the land use." While we interpret that sentence as referring to <br />violations of noise standards, that would be caused by the proposed project, the City of Apple <br />Valley has recently been sued under this provision by citizens who construed the sentence as <br />creating. an obligation to block a project because pre-development noise levels in excess of state <br />standards would contPwe aft~r ,d~vel()pment (with an ~perc~ptable increase at best), . S~eFfank <br />H. Rechtzigel v,' County of Dakota and the City of Apple Valley, (C6-96-9647,Dakora CountY <br /> <br />* Also Admitted in Wisconsin <br />tCivil Trial Specialist. Certified by the Civil Litigation Section of the Minnesota State Bar Association. <br /> <br />~ <br />