Public Hearing on Revisions to Lincoln County Zoning Ordinance

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1 November 21, 2016 William G. Beck Extension 601 Lincoln County Commission 104 N. Main Street Canton, SD Lincoln County State s Attorney s Office 104 N. Main Street, Suite 200 Canton, SD Dale L. Long Lincoln County Commissioner David Gillespie Lincoln County Commissioner Dan King Lincoln County Commissioner Michael Poppens Lincoln County Commissioner Jim Schmidt Lincoln County Commissioner Via U.S. Mail Only Via Only: mnadolski@lincolncountysd.org Via Only: dlong@lincolncountysd.org Via Only: dgillespie@lincolncountysd.org Via Only: dking@lincolncountysd.org Via Only: mpoppens@lincolncountysd.org Via Only: jschmidt@lincolncountysd.org Re: Public Hearing on Revisions to Lincoln County Zoning Ordinance To the Lincoln County Commissioners and State s Attorney s Office: As you know, this firm represents Dakota Power Community Wind ( DPCW ). We are writing to supplement our position paper dated November 14, On November 16 and 17, Golder Associates, Inc. ( Golder ), an engineering firm, measured the ambient sound in Lincoln County. Attached is a copy of the report. { }

2 WOODS, FULLER, SHULTZ & SMITH P.C. Lincoln County Commissioners and State s Attorney s Office November 21, 2016 Page 2 As you will see in Golder s report, the ambient noise measured at each of the points on the grid has a higher dba value than the allowed noise of WECS under the proposed amendments to the Lincoln County Zoning Ordinance. In other words, in order for a wind turbine to be in compliance with the proposed noise restrictions, it would have to be quieter than the ambient noise in Lincoln County. The lowest recorded dba level of ambient noise measured during nighttime hours was 33.3 dba, and the lowest recorded dba level of ambient noise measured during daytime hours was 44.8 dba. The proposed changes to the Zoning Ordinance would require WECS to be under 30 dba at night and 35 dba during the day. The proposed amendments to the Zoning Ordinance do not address ambient noise or the relation of ambient noise to the allowable noise of WECS. The proposed amendments would make it impossible for a wind turbine ever to be in compliance with the Zoning Ordinance, effectively prohibiting WECS from ever being present in Lincoln County. We encourage you to reject the proposed amendments to the noise restrictions in favor of the current restrictions in place in Lincoln County. Thank you for your consideration. Sincerely, WOODS, FULLER, SHULTZ & SMITH P.C. Enclosure William G. Beck { }

3 TECHNICAL MEMORANDUM Date: November, Project No.: To: William Beck Company: Woods, Fuller, Shultz & Smith, P.C. From: Ryan Birkenholz cc: RE: RESULTS FROM NOISE MONITORING AT LOCATIONS IN LINCOLN COUNTY, SOUTH DAKOTA 1.0 INTRODUCTION Golder Associates Inc. (Golder) performed a noise study on November 16-17, 2016 in a rural area of Lincoln County, South Dakota. Golder was contracted by Woods, Fuller, Schultz & Smith, P.C. (Woods Fuller) to conduct this study to determine ambient noise levels over 10-minute intervals at each monitoring point. 2.0 MONITORING AREA The monitoring area is located in Lincoln County, South Dakota, approximately 30 miles south from the city center of Sioux Falls. The monitoring area is mostly farmland with several residences. The monitoring area bounds were: 283 rd street to the north, 293 rd street to the south, 472 nd avenue on the west 480 th avenue on the east. See Table 1 for a list of monitoring locations and Figure 1 for a map showing the position of each monitoring location. Four short term (approximately 10 minute) noise level readings were taken at monitoring locations B, C, S, and T on November 16, 2016 during night hours from approximately 09:20 pm to 11:30 pm. Two of the points (B, and S) were re-monitored during the day on November 17, Additionally, ten short term (approximately 10 minute) noise level readings were taken on November 17, 2016 during daytime hours from approximately 09:30 am to 02:30 pm. 3.0 NOISE MEASUREMENT PROCEDURES Measurement techniques set forth by the American National Standards Institute (ANSI) S /Part 3 were used and included using a Type - 1 sound level meter that was set to the fast response mode to obtain consistent, integrated, A-weighted sound pressure levels (SPLs.) Concurrent one-third octave band frequencies were also measured at all sites. The octave band data from each monitoring site were measured and stored during each monitoring period.

4 William Beck November 21, 2016 Woods Fuller To account for the response of humans, it is common to use the A-weighted sound level (noted in units of dba) in evaluating noise sources since it models the way in which the human hearing responds to noise levels in the sensitive frequencies. Typically, noise laws and ordinances reference A-weighted noise levels in its standards and limits. Integrated SPL data consisting of the following noise parameters were collected at each location: LAeq The A-weighted sound pressure level averaged over the measurement period; this parameter is the continuous steady sound pressure level that would have the same total acoustic energy as the real fluctuating noise over the same time period. Additional parameters were collected but are not presented in this memorandum and are not discussed. The LAeq was calculated by the meter using the following formula: Average SPL = 10 Log N i= 1 10 (SPL i /10) N where: N = number of observations, and SPLi = individual SPL in data set. The noise monitoring equipment used during the study included: Larson Davis Model 831 Precision Integrating Sound Level Meter with Real Time Frequency Analyzers Larson Davis Model PRM902 Microphone Preamplifier Larson Davis Model 377B02 ½-inch Freefield Microphone Windscreen and tripod Larson Davis Model CAL200 Sound Level Calibrator (CAL200), 94/114 db at 1,000 Hz Kestrel 1000 pocket wind meter Monitoring was conducted using the sound level meter mounted on a tripod at a minimum height of 1.5 meters (5 feet) above grade. A windscreen was used since measurements were taken outdoors. The windscreen protects the microphone from wind interference up to a constant wind speed of 12 miles per hour (mph). The microphone was positioned so that a random incidence response was achieved. The sound level meter and octave band analyzer were calibrated immediately prior to and just after each set of monitoring locations each day using the CAL200 to provide a quality control check of the sound level meter s operation during monitoring. The operator recorded detailed field notes during monitoring that included audible noise sources in the area.

5 William Beck November 21, 2016 Woods Fuller DISCUSSION Table 1 identifies the times, locations, results, and notes recorded at each monitoring location. Recorded measurements for LAeq for each 10-minute interval analyzed at night ranged from 33.3 to 41.8 dba and during the day ranged from 44.8 to 51.3 dba. Monitoring locations were selected along rural roads in a ditch or right of way. All of the results in this memorandum represent approximately 10-minute monitoring periods. Golder noted the following audible noises during the monitored periods: Airplane Vehicle on distant road Animal sounds Farming equipment at a distance Wind gusts Humming from unknown industrial/farming equipment Using the LAeq of each measurement is a somewhat conservative approach as it includes any and all sources of sound including sources that may typically be excluded from baseline noise measurements such as proximate traffic and activities, farming activities, and transient noise sources such as airplane noise that may vary from hour to hour or day to day. The resulting measurements can be characterized as typical for a rural agricultural area ranging between 30 to 40 dba during the nighttime hours and between 40 and 50 dba during the daytime. Wind speed was measured with a Kestrel Model 1000 wind meter at the location of each monitoring point. Wind speeds at the night locations were measured at between 1 and 5 MPH. Wind speeds for the day time locations were measured at no more than 12 MPH. Meteorological data for the monitoring period was obtained from the Sioux Falls Airport (KFSD) and is included in Attachment A. A representative photo of the noise monitor setup is included in Attachment B. Calibration documents for the noise meter are located in Attachment C.

6 William Beck November 21, 2016 Woods Fuller Acoustical Terminology Acoustic values can be described in terms of noise or sound. Sound is generated by pressure fluctuations in air. Noise is genially defined as any unwanted sound, and is therefore based on human perception, but the terms noise and sound are often used interchangeably. Sound propagation involves three principal components: a noise source, a person or a group of people, and the transmission path. While two of these components, the noise source and the transmission path, are easily quantified (i.e., by direct measurements or through predictive calculations), the effect of noise on humans is the most difficult to determine due to the varying responses to the same or similar noise patterns and therefore it is difficult to predict a response from one particular individual to another. Noise and noise levels are used to describe ambient levels perceived by off-site receptors, while sound and sound emissions describe acoustic energy emitted by activities/equipment associated with the project. Noise data and analysis are primarily given in terms of frequency distribution. The levels are grouped into octave bands. Typically, the center frequencies for each octave band are 31.5, 63, 125, 250, 500, 1000, 2000, 4000, and 8000 Hertz (Hz). The human ear responds to the pressure variations in the atmosphere that reach the ear drum. These pressure variations are composed of different frequencies that give each sound we hear its unique character. Due to the complex manner in which the human ear functions, measurement of different noise sources does not always correspond to relative loudness or annoyance. It is common practice to sum sound levels over the entire audible spectrum (i.e., 20 Hz to 20 khz) to give an overall sound level, but human hearing varies in sensitivity depending on the frequency of the sound. Specifically, the human ear is most sensitive to sound with the 1,000 Hz to 6,000 Hz frequency range. To account for the response of humans, it is common to use the A-weighted sound level (noted in units of dba) in evaluating noise sources and their effects on human since it models the way in which the human hear responds to noise levels in the sensitive frequencies outlined above. Sound pressure level is expressed on a logarithmic scale in units of decibels (db). Since the scale is logarithmic, a sound that is twice the sound pressure level as another will be 3 decibels (3 db) higher. A change of 3 db is generally barely perceptible by humans, while a 5 db change is clearly perceptible and a 10 db increase is perceived as a doubling of the sound pressure level. (Cowan, 1994) C-weighting is a standard weighing of the audible frequencies commonly used for the measurement of Peak Sound Pressure levels (noted in units of dbc). The C-weighted scale is quite flat when compared to that of the A-weighted scale, and therefore includes much more of the low-frequency range of sounds.

7 William Beck November 21, 2016 Woods Fuller Some noise sources and industrial activities are inherently likely to give rise to tonal noise, otherwise known as a pure tone. Pure tones are is more noticeable than broadband noise and therefore be more intrusive. The Identification of pure tones can be quantified by using the method developed in Annex D of ISO 1996:2007(E). This method identifies a pure tone using the time-average sounds pressure level in the onethird-octave band equal to or exceeding the time-average sound pressure levels of both adjacent one-thirdoctave bands in accordance to the following: 15 db in low-frequency bands (25 Hz to 125 Hz) 8 db in middle-frequency bands (160 Hz to 400 Hz) 5 db in high0frequency bands (500 Hz to 10,000 Hz) Environmental noise levels vary over time, and are described using an overall sound level known as the L eq, or equivalent sound pressure level. The Leq is the energy averaged continuous sound pressure level which has the same total energy as the time varying noise level over a stated time period.

8 William Beck November 21, 2016 Woods Fuller Table 6-1 Sound Pressure Levels of Typical Sound Sources (Harris, 1998) Activity / Sound Source Sound Pressure Level (dba) Air Raid Siren at 50 ft 120 Jackhammer at 15 m * 95 Loud Shout 90 Heavy Truck at 15 m * 85 Vacuum Cleaner at 3 m * 70 Automobile (100 km/hr) at 30 m * 65 Normal Conversation at 1 m 60 Quiet Living Room 40 Soft Whisper at 2 m * 35 Unoccupied Broadcast Studio 28 Threshold of Hearing 0 Notes: Source, Harris, 1998 Table 6-2 Sound Pressure Levels of Typical Environments Activity / Sound Source Sound Pressure Level (dba) Rock Concert 110 Subway Platform with Passing Train 100 Sidewalk with Passing Heavy Truck or Bus 90 Sidewalk by Typical Highway 80 Sidewalk of Typical Road with Passing Traffic 70 Typical Urban Area Typical Suburban Area Quiet Suburban Area at Night Typical Rural Area at Night Quiet Living Room 40 Isolated Broadcast Studio Notes: Source, Harris, 1998 Generally, the noise assessment carried out is completed on locations where it is expected noise effects from the Project activities can affect humans. Specific study areas have been identified as being representative of all sensitive receptors, which could be affected by noise emissions associated with project activities.

9 William Beck November 21, 2016 Woods Fuller TABLES

10 11/21/ TABLE 1 - NOISE MONITORING SUMMARY Monitoring Point Period Start Time Stop Time LAeq (dba) Latitude Longitude Notes B Night 11/16/16 21:21 11/16/16 21: Airplane overhead, Vehicles on distant roads B Day 11/17/16 10:54 11/17/16 11: Vehicle on distant road C Night 11/16/16 22:01 11/16/16 22: Audible bird calls nearby, Vehicles on distant roads D Day 11/17/16 10:23 11/17/16 10: Wind gusts, dog barking in distance E Day 11/17/16 11:18 11/17/16 11: Farming equipment in distance G Day 11/17/16 11:40 11/17/16 11: Wind gusts I Day 11/17/16 11:59 11/17/16 12: Wind gusts K Day 11/17/16 12:25 11/17/16 12: Constant humming from industrial/farming equipment N Day 11/17/16 9:29 11/17/16 9: Wind gusts P Day 11/17/16 9:56 11/17/16 10: Wind gusts, cows in distant field Q Day 11/17/16 12:47 11/17/16 12: Audible bird calls nearby S Night 11/16/16 22:47 11/16/16 22: Constant humming from nearby industrial/farming equipment Constant humming from nearby industrial/farming S Day 11/17/16 13:12 11/17/16 13: equipment. Wind gusts T Night 11/16/16 23:26 11/16/16 23: Constant humming from nearby industrial/farming equipment U Day 11/17/16 13:32 11/17/16 13: Wind gusts Constant noise from farming equipment approximately 1,500 W Day 11/17/16 13:54 11/17/16 14: feet away. Sample paused for passing truck. Notes: Noise analyzed by a Larson Davis 831 Class I noise meter. LAeq represents the A-weighted equivalent decibel reading analyzed over the time period of monitoring. Maximum and minimum readings are in bold. Golder Associates Inc. Created by: BW Reviewed by: RB

11 William Beck November 21, 2016 Woods Fuller FIGURES

12 Point N LAeq= 50.9 dba #0 #0 Point B LAeq= 49.6 dba #0#0 Point B #0 #0 LAeq= 36.4 dba Point C LAeq= 33.3 dba Point P LAeq= 49.7 dba Point D LAeq= 48.5 dba ± Point E LAeq= 51.1 dba #0 #0 Point G LAeq= 46.3 dba #0 Point K LAeq= 47.2 dba #0 Point I LAeq= 51.3 dba Point Q LAeq= 44.8 dba Point T LAeq= 36.5 dba #0 #0 #0#0 Point S LAeq= 49 dba Point S LAeq= 41.8 dba Path: \\minneapolis\projects\golder Projects\2016 PROJECTS\ SD Noise Monitoring\GIS\FIGURE 1.mxd # Point W LAeq= 51.3 dba Miles NOTES Green triangles identify monitoring locations. Each location was monitored for approximately 10 minutes. REFERENCE #0 Point U LAeq= 48.5 dba Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), MapmyIndia, OpenStreetMap contributors, and the GIS User Community CLIENT WOODS, FULLER, SHULTZ & SMITH, P.C PROJECT LINCOLN COUNTY SOUTH DAKOTA NOISE MONITORING TITLE MONITORING LOCATIONS CONSULTANT YYYY-MM-DD PREPARED DESIGN REVIEW APPROVED PROJECT No. CONTROL Rev. FIGURE RCB RCB GM - IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET HAS BEEN MODIFIED FROM: ANSI A 1 in 0

13 William Beck November 21, 2016 Woods Fuller ATTACHMENT A Meteorological Data - Sioux Falls Airport

14 National Weather Service : Observed Weather for past 3 Days : Sioux Falls, Foss Field Page 1 of 4 11/18/2016 weather.gov Sioux Falls, Foss Field D a t e Time (cst) Wind (mph) 18 07:56 N 30 G :56 N 32 G :56 N 24 G :56 NW 23 G :56 N 16 G :56 N 20 G :56 N 18 G :56 N 15 G :56 NE 17 G :56 N 24 G :56 N 21 G :56 N 18 G :56 N 16 G :56 N 23 G 33 Enter Your "City, ST" or zip code Go metric en español Vis. (mi.) Weather Sky Cond Heavy Snow Freezing Fog and Windy 0.50 Snow Fog and Windy 0.50 Snow Fog and Breezy 1.00 Light Snow Fog/Mist and Breezy 1.25 Light Snow Fog/Mist 8.00 Light Rain 6.00 Light Rain Fog/Mist Temperature (ºF) Pressure Wind Heat Relative 6 hour Chill Index Humidity sea Air Dwpt ( F) ( F) altimeter level Max. Min. (in) (mb) VV % 16 NA VV % 17 NA Precipitation (in.) 1 hr 3 hr 6 hr VV % 20 NA VV % 21 NA OVC % 24 NA OVC % 25 NA OVC % 26 NA Overcast OVC % 28 NA Overcast OVC % 27 NA Light Rain and Breezy 3.00 Light Rain Fog/Mist and Breezy 3.00 Light Rain Fog/Mist 7.00 Light Rain OVC % 26 NA OVC % 28 NA OVC % 30 NA OVC % 32 NA OVC % 32 NA

15 National Weather Service : Observed Weather for past 3 Days : Sioux Falls, Foss Field Page 2 of 4 11/18/ :56 N 20 G :56 N 15 G :56 N 20 G :56 N 17 G :56 N 20 G :56 NE 22 G :56 N 20 G :56 N 17 G :56 N 15 G 23 Overcast and Breezy 8.00 Light Rain OVC % 34 NA Overcast OVC % 38 NA Overcast OVC % 38 NA Overcast OVC % 40 NA Overcast OVC % 40 NA Overcast and Breezy BKN023 OVC Overcast FEW023 OVC Overcast FEW020 SCT170 OVC Overcast BKN170 OVC % 42 NA % 40 NA % 39 NA % 38 NA :56 N Overcast OVC % 36 NA :56 N Overcast SCT190 OVC :56 NE Overcast SCT170 OVC :56 NE 16 G :56 NE 15 G % 37 NA % 37 NA Overcast OVC % 38 NA Overcast OVC % 40 NA :56 N Fair CLR % 40 NA :56 N Fair CLR % 40 NA :56 N Fair CLR % 41 NA :56 N Fair CLR % 43 NA :56 N Mostly 16 22:56 Calm Partly BKN % 45 NA SCT % NA NA :56 Vrbl Overcast OVC % 42 NA :56 Calm A Few Clouds 16 19:56 Calm A Few Clouds 16 18:56 E A Few Clouds 16 17:56 Calm Partly FEW % NA NA FEW % NA NA FEW200 FEW250 FEW130 SCT200 SCT250 Daytime Monitoring Nighttime Monitoring % NA NA % NA NA :56 SE % NA NA

16 National Weather Service : Observed Weather for past 3 Days : Sioux Falls, Foss Field Page 3 of 4 11/18/2016 Mostly 16 15:56 SE Mostly 16 14:56 S Mostly 16 13:56 S Mostly 16 12:56 S 14 G :56 S 21 G Mostly Mostly and Breezy 16 10:56 S Mostly 16 09:56 S 20 G Partly 16 08:56 SE Partly 16 07:56 SE Partly 16 06:56 SE Partly 16 05:56 SE Partly 16 04:56 S Partly FEW130 SCT200 BKN250 SCT250 BKN % NA NA BKN % NA NA BKN % NA NA FEW200 BKN250 FEW200 BKN250 FEW130 BKN % NA NA % NA NA % NA NA SCT % NA NA FEW200 SCT % 40 NA SCT % 37 NA SCT % 34 NA SCT % 35 NA SCT % NA NA :56 E Fair CLR % 28 NA :56 E Fair CLR % NA NA :56 Calm Fair CLR % NA NA :56 Calm Fair CLR % NA NA :56 Calm A Few Clouds 15 22:56 Calm A Few Clouds FEW % NA NA FEW % NA NA :56 Calm Fair CLR % NA NA :56 S Fair CLR % NA NA :56 Vrbl Fair CLR % NA NA :56 W Fair CLR % 42 NA :56 NW Fair CLR % 46 NA :56 NW Fair CLR % NA NA :56 NW :56 NW :56 NW Fair CLR % NA NA A Few Clouds A Few Clouds FEW120 FEW % NA NA FEW % NA NA : FEW % NA NA

17 National Weather Service : Observed Weather for past 3 Days : Sioux Falls, Foss Field Page 4 of 4 11/18/2016 NW 16 G :56 NW :56 NW 14 A Few Clouds Mostly Partly 15 09:56 W Mostly 15 08:56 Vrbl Partly D a t e Time (cst) Wind (mph) BKN % NA NA FEW160 SCT250 SCT160 BKN220 Vis. (mi.) Weather Sky Cond % NA NA % NA NA SCT % NA NA Air Dwpt Max. Min. 6 hour Relative Humidity Temperature (ºF) Wind Chill ( F) altimeter Heat (in.) Index ( F) Pressure sea level (mb) 1 hr 3 hr 6 hr Precipitation (in.) National Weather Service Southern Region Headquarters Fort Worth, Texas Disclaimer Back to previous page Last Modified: Febuary, Privacy Policy

18 William Beck November 21, 2016 Woods Fuller ATTACHMENT B Representative Photo

19 William Beck November 21, 2016 Woods Fuller ATTACHMENT C Calibration Certificates

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