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121'2712004 �0� 9. �1 FAX 218 283 1162 ����� Cou�t Ad�►z�. <br />50% of the �i�ne as mcasured iz� a one hour survey, or even 10% of thc time as so <br />measured. <br />�f�, The noisc wiiickwill result during F�� constructionphase Of tl�eproject is ultimately <br />necessary for the co��lc�ion of the proj ect, wl�ich is needed for the preservation of <br />public heaith and w�:lia�e. "So t�.at end, even if ti� court assumes that tlaa impulse �loisc <br />I�j����'�1� - <br />�J <br />F�+�aQ a blast o� jackhammer goes as hi� as 134 d�A, t�e cituation will be of such sLr�at <br />duration that it will not violate t%e �,9r.s d <br />�7_ Any noise effect will also be limited by maintaining properly muffled equipment and <br />by luniti��.g hours of constructionfrom 7.{�0 �t.in_ to'i:00 p.m. Monday through <br />Saturday. The sound generated will also be mitigated somewhat by tlte surrounding <br />trees and topography. Furthermore, any potential noise in excess of any resic�ential <br />uois�: 5tanda,rds would be temporary, only during the construction phase. <br />�8- There is no other feasible and prudentmanner to eonzpleie C�is project. Z;�Plaintiffs' <br />theory were accepted, it is an ar�,�flb1� violation of MERA to tnow.ia�xrns. Virtually <br />any eonstruction activity m either a residential or ia„�,.�;a,� area, including the <br />servicing or construction of individual on site septic systems, could exc�d these <br />limitations. Such an ir�terpr�t�.tion of MFRA would be absurd and unreasonable. <br />�9- The Court finds thereforethat �lx� noise from this project will not violate noise <br />standards or contribute to the pollution, ix��pair�nent, or dcstructzon ��'t�� State's <br />natural resources within +1�� definitions provided by t�.c rules. <br />�emoval ot"Tre�s �.rtd i�bitat <br />3�7 1 he proj ect will involve the removal of approx���2aie�y seven acres of trces and <br />another tv�a acres of brush. Some o�` th� trees arc old, large and beautiful, reminiscent <br />d L'�� Minx R�fe5 � 7030.0020 subp. G and 7030.0050subp_ i <br />� <br />