Muswellbrook Coal Company

Muswellbrook Coal Company June, 12 Environmental Noise Monitoring Prepared for Muswellbrook Coal

Muswellbrook Coal Company June, 12 Environmental Noise Monitoring Reference: Report date: 9 August 12 Prepared for Muswellbrook Coal Company PO Box 123 Muswellbrook NSW 2333 Prepared by Global Acoustics Pty Ltd PO Box 3115 Thornton NSW 2322 Prepared: Ryan Bruniges QA Review: Robert Kirwan Scientist (Acoustics) Acoustics Engineer Global Acoustics Pty Ltd ~ Environmental noise modeling and impact assessment ~ Sound power testing ~ Noise control advice ~ Noise and vibration monitoring ~ OHS noise monitoring and advice ~ Expert evidence in Land and Environment and Compensation Courts ~ Architectural acoustics ~ Blasting assessments and monitoring ~ Noise management plans (NMP) ~ Sound level meter and noise logger sales and hire Page i

EXECUTIVE SUMMARY Global Acoustics was engaged to conduct a noise survey around Muswellbrook Coal, an open cut coal mine near Muswellbrook, NSW. Development consent was issued to Muswellbrook Coal Company in September 03 (DA 5/02) to extend the former Open Cut No. 1. Condition 6.4 of the consent details the noise requirements. The purpose of the survey is to quantify and describe the acoustic environment around the site and compare results with these limits. Environmental noise monitoring described in this report was undertaken on 27 and 28 June 12; there were 6 monitoring locations. Attended monitoring was conducted in accordance with the Office of Environment and Heritage (OEH, formerly the Department of Environment, Climate Change and Water) Industrial Noise Policy (INP) guidelines and Australian Standard AS 10 Acoustics, Description and Measurement of Environmental Noise. The duration of each night measurement was 15 minutes. MCC complied with the relevant limits during the June 12 survey, with the exception of R15. During the first night measurement on the 27/28 June 12, MCC exceeded the L Aeq,15min impact assessment criterion at R15. A rear dump truck engine/exhaust/fan continuum from MCC was regularly audible throughout the measurement with frequent transmission noise surges and impact noises. These sources were responsible for the MCC L Aeq,15min of 37 db. The OCE was contacted following this measurement and was notified that levels were exceeding relevant criterion. He advised that a number of rear dump trucks would be relocated to a different haul route and that levels should improve shortly. This exceedance of the L Aeq impact assessment criterion is not considered significant as Chapter 11 of the OEH Industrial Noise Policy deems a development to be in noncompliance only when the monitored noise level is more than 2 db above the statutory noise limit specified in the consent or licence condition. Wind speed and/or temperature inversion conditions resulted in development consent criteria not always being applicable, as indicated in the Table 4.2 and Table 4.3. Global Acoustics Pty Ltd Page ii

Table of Contents 1 INTRODUCTION...1 1.1 Background...1 1.2 Monitoring Locations...1 1.3 Terminology...1 2 CONSENTS AND CRITERIA...2 2.1 Development Consent...2 2.1.1 Development Consent...2 2.1.2 Environment Protection Licence...2 2.1.3 Noise Management Plan...2 2.2 Project Specific Criteria...2 3 METHODOLOGY...4 3.1 Attended Noise Monitoring...4 4 RESULTS...6 4.1 Attended Noise Monitoring...6 5 DISCUSSION...11 5.1 Noted Noise Sources...11 5.1.1 R7, Day Measurement 1...13 5.1.2 R7, Day Measurement 2...14 5.1.3 R7, Evening...15 5.1.4 R7, Night Measurement 1...16 5.1.5 R7, Night Measurement 2...17 5.1.6 R13, Day Measurement 1...18 5.1.7 R13, Day Measurement 2...19 5.1.8 R13, Evening... 5.1.9 R13, Night Measurement 1...21 5.1.10 R13, Night Measurement 2...22 5.1.11 R15, Day Measurement 1...23 5.1.12 R15, Day Measurement 2...24 5.1.13 R15, Evening... 5.1.14 R15, Night Measurement 1...26 5.1.15 R15, Night Measurement 2...27 5.1.16 R16, Day Measurement 1...28 5.1.17 R16, Day Measurement 2...29 5.1.18 R16, Evening... 5.1.19 R16, Night Measurement 1...31 5.1. R16, Night Measurement 2...32 5.1.21 R17, Day Measurement 1...33 Page iii

5.1.22 R17, Day Measurement 2...34 5.1.23 R17, Evening... 5.1.24 R17, Night Measurement 1...36 5.1. R17, Night Measurement 2...37 5.1.26 R, Day Measurement 1...38 5.1.27 R, Day Measurement 2...39 5.1.28 R, Evening... 5.1.29 R, Night Measurement 1...41 5.1. R, Night Measurement 2...42 6 SUMMARY...43 Appendices A. DEVELOPMENT CONSENT...A.1 B. CALIBRATION CERTIFICATES... B.1 Page iv

1 INTRODUCTION 1.1 Background Muswellbrook Coal Company (MCC) engaged Global Acoustics, to conduct a noise survey around its operations, an open cut mine northeast of Muswellbrook. Environmental noise monitoring described in this report was undertaken on 27 and 28 June 12; there were 6 monitoring locations. Figure 1 shows the monitoring locations and Figures 2 and 3 show the location of major plant items in operation during the day and night attended monitoring periods. The purpose of the survey is to quantify and describe the acoustic environment around the site and compare results with specified limits. 1.2 Monitoring Locations Monitoring locations during this survey are detailed in Table 1.1 and shown on Figure 1. Table 1.1 MONITORING LOCATIONS Descriptor Owner Monitoring Location R7 NA Entrance gate to Transgrid yard R13 McMaster 1 Sandy Creek Road R15* Collins 71 Queen Street, Muswellbrook R16 Tuckey Queen street, Muswellbrook R17 Colvin 42 Queen street, Muswellbrook R Gordon 90 Muscle Creek Road Note: * Denotes Muswellbrook Coal real time noise monitoring station near this location. Page 1

Figure 1 Monitoring Sites 2

Figure 2 Muswellbrook Coal Plant Locations Pit No. 1 Extension, 27/28 June 12 - All Shifts 3

Figure 3 Muswellbrook Coal Plant Locations No. 2 Pit, 27/28 June 12 - All Shifts Report 4Template_11 Page 4

1.3 Terminology Some definitions of terminology, which may be used in this report, are provided in Table 1.2. Table 1.2 TERMINOLOGY Descriptor L A L A10 L A90 L Aeq L pk SPL SEL Hertz (Hz) ABL RBL Definition The A-weighted root mean squared (RMS) noise level at any instant The noise level which is exceeded for 10 per cent of the time, which is approximately the average of the maximum noise levels The level exceeded for 90 per cent of the time, which is approximately the average of the minimum noise levels. The L A90 level is often referred to as the background noise level and is commonly used to determine noise criteria for assessment purposes The average noise energy during a measurement period The unweighted peak noise level at any instant Noise level measurement units are decibels (db). The A weighting scale is used to describe human response to noise Sound pressure level (SPL), fluctuations in pressure measured as 10 times a logarithmic scale, the reference pressure being micropascals Sound exposure level (SEL), the A-weighted noise energy during a measurement period normalised to one second Cycles per second, the frequency of fluctuations in pressure, sound is usually a combination of many frequencies together Assessment background level (ABL), the 10th percentile background noise level for a single period (day, evening or night) of a 24 hour monitoring period Rating background level (RBL), the background noise level for a period (day, evening or night) determined from ABL data 1 Page 1

2 CONSENTS AND CRITERIA 2.1 Development Consent A development consent and licence apply to the Muswellbrook Coal operation. The noise sections of the consent and licence are reproduced in Appendix A. 2.1.1 Development Consent MCC obtained development consent in September 03 (DA 5/02) to extend the former Open Cut No. 1. Condition 6.4 of the consent details the noise requirements. 2.1.2 Environment Protection Licence On 12 August 04 Muswellbrook Coal Company Ltd was issued with a variation to Environment Protection Licence No. 6 for coal mining. Section 6.1 of the licence details the noise requirements. 2.1.3 Noise Management Plan A Noise Management Plan (NMP) was prepared for MCC in February 05. Section 4.6 provides details on the noise-monitoring program. 2.2 Project Specific Criteria Noise criteria and land acquisition criteria are detailed in Table 2.1 and Table 2.2. Table 2.1 MCC NOISE CRITERIA Day Evening Night Descriptor Monitoring Location L Aeq,15 min L Aeq,15 min L Aeq,15 min L A1,1 min R7 Gate to Transgrid yard 36 36 36 44 R13 1 Sandy Creek Rd 51 R15 71 Queen St 46 R16 Queen St 46 R17 42 Queen St 46 R 90 Muscle Creek Rd 38 38 38 48 The noise criteria in Table 2.1 apply under meteorological conditions of: Wind speed up to 3 meters per second at 10 metres above ground level; and Temperature inversion conditions of up to 3 degrees Celsius per metres. 2 Page 2

Table 2.2 MCC LAND ACQUISITION CRITERIA Day Evening Night Descriptor Monitoring Location L Aeq(15 min) L Aeq(15 min) L Aeq(15 min) R7 Gate to Transgrid yard 41 41 41 R13 1 Sandy Creek Rd R15 71 Queen St R16 Queen St R17 42 Queen St R 90 Muscle Creek Rd 43 43 43 3 Page 3

3 METHODOLOGY 3.1 Attended Noise Monitoring Attended monitoring was conducted at six sites in accordance with the Office of Environment and Heritage (OEH, formerly the Department of Environment, Climate Change and Water) Industrial Noise Policy (INP) guidelines and Australian Standard AS 10 Acoustics, Description and Measurement of Environmental Noise. Atmospheric condition measurement was also undertaken. A measurement of L A1,1 minute corresponds to the highest noise level generated for 0.6 second during one minute. In practical terms this is the highest noise level emitted from the MCC noise source during the entire measurement period (i.e. the highest level of the worst minute during the 15-minute measurement). As indicated in Section 6.4.3 (b) and (c) of the consent, the L A1,1 minute measurement should be undertaken at 1 metre from the dwelling façade and the L Aeq,15 minute measurement within metres of the dwelling. However, the direct measurement of noise at 1 metre from the façade is not practical during monitoring for this project. In most cases, monitoring near the residence is impractical due to barking dogs or issues with obtaining access. In all cases, measurements for this survey were undertaken at a suitable and representative location. The duration of each night measurement was 15 minutes. During this survey attended monitoring was undertaken over 24 hours during the day, evening and night periods. Monitoring was carried out once at each location during the evening period and twice per location during the day and night periods. Attended monitoring is preferred to the use of noise loggers when determining compliance with prescribed limits; it allows an accurate determination of the contribution, if any, to measured noise levels by the source of interest (in this case MCC). The terms Inaudible (IA), Not Measurable (NM), less than db (< db) or less than db (< db) are used in this report. When site noise is noted as IA then there was no site noise at the monitoring location. However, if site noise is noted as NM, < db or < db, this means some noise was audible but could not be quantified. This means that noise from the site was either very low, or, being masked by other noise that was relatively loud. In the former case (very low site levels) we consider it not necessary to attempt to accurately quantify site noise as it would be significantly less than any criterion and most unlikely to cause annoyance (and in many cases, to be even noticed). 4 Page 4

If site noise were NM due to masking then we would employ methods as per the Industrial Noise Policy (e.g. measure closer and back calculate) to determine a value for reporting if deemed necessary. All site NM in this report are due to low absolute values. The equipment detailed in Table 3.1 was used to measure environmental noise levels. Table 3.1 ATTENDED NOISE MONITORING EQUIPMENT Model Serial Number Calibration Due Date Rion NA-28 sound level analyser 0034 10/05/13 Rion NC-73 calibrator 112486 09/02/14 Calibration certificates are provided in Appendix B. 5 Page 5

4 RESULTS 4.1 Attended Noise Monitoring Overall noise levels measured at each location during attended measurement are provided in Table 4.1. Table 4.1 MEASURED NOISE LEVELS - JUNE 12 Location Date And Time L A1 db L A10 db L Aeq db L A90 db R7 27/06/12 14:31 52 44 41 R7 27/06/12 17:11 47 44 33 R7 27/06/12 18:00 46 44 41 31 R7 27/06/12 22:00 46 43 R7 28/06/12 00: 47 27 R13 27/06/12 14:09 57 51 48 42 R13 27/06/12 16: 61 51 49 39 R13 27/06/12 18:24 43 38 R13 27/06/12 22: 42 36 R13 28/06/12 00:54 41 36 34 28 R15 27/06/12 13:13 46 44 38 R15 27/06/12 16:14 57 51 47 39 R15 27/06/12 19:47 61 52 49 33 R15 27/06/12 23:24 43 37 34 R15 28/06/12 01:22 43 39 36 32 R16 27/06/12 13:37 62 51 49 37 R16 27/06/12 15:52 62 56 52 39 R16 27/06/12 19:26 46 44 39 R16 27/06/12 23:06 43 39 37 34 R16 28/06/12 01:41 43 37 32 R17 27/06/12 12:53 64 53 51 43 R17 27/06/12 15:33 77 64 46 R17 27/06/12 18:54 56 46 43 31 R17 27/06/12 22:48 46 41 38 33 R17 28/06/12 01:59 46 42 39 33 R 27/06/12 12: 51 49 46 42 R 27/06/12 15:06 52 49 46 41 R 27/06/12 : 52 48 43 33 R 28/06/12 00:07 41 37 29 R 28/06/12 02:22 51 44 43 26 Note: Noise levels in this table are not necessarily the result of activities at MCC. 6 Page 6

Table 4.2 and Table 4.3 detail L Aeq,15 minute and L A1,1 minute noise levels from MCC in the absence of other noise sources. Criteria are then applied if weather conditions are in accordance with the mine s development consent. Discussion as to the noise sources responsible for these measured levels is provided in Chapter 5 of this report. Table 4.2 L Aeq db GENERATED BY MCC - JUNE 12 Location Date And Time Wind Speed m/s 1 VTG o C per m 2 Criterion db Criterion Applies? 3,7 MCC L Aeq db 4,5 Exceedance 6,8 R7 27/06/12 14:31 3.9-0.5 36 N < NA R7 27/06/12 17:11 3.9 0.0 36 N 32 NA R7 27/06/12 18:00 2.3 0.1 36 Y Nil R7 27/06/12 22:00 1.9 0.5 36 Y 33 Nil R7 28/06/12 00: 3.0 0.8 36 Y 26 Nil R13 27/06/12 14:09 4.9-0.2 N IA NA R13 27/06/12 16: 4.0 0.2 N NM NA R13 27/06/12 18:24 2.7 0.5 Y 31 Nil R13 27/06/12 22: 3.7 0.7 N 39 NA R13 28/06/12 00:54 2.4 0.0 Y 31 Nil R15 27/06/12 13:13 4.0-0.2 N < NA R15 27/06/12 16:14 4.0 0.0 N NM NA R15 27/06/12 19:47 2.4 0.7 Y 34 Nil R15 27/06/12 23:24 2.5 0.4 Y 37 2 R15 28/06/12 01:22 1.6 0.5 Y Nil R16 27/06/12 13:37 4.0-0.2 N IA NA R16 27/06/12 15:52 4.2 0.2 N IA NA R16 27/06/12 19:26 2.7 0.6 Y < Nil R16 27/06/12 23:06 2.4 0.7 Y 34 Nil R16 28/06/12 01:41 1.4 0.6 Y 33 Nil R17 27/06/12 12:53 4.9-0.4 N IA NA R17 27/06/12 15:33 5.4-0.3 N IA NA R17 27/06/12 18:54 2.8 0.3 Y IA Nil R17 27/06/12 22:48 3.6 1.0 N NA R17 28/06/12 01:59 1.7 0.8 Y < Nil 7 Page 7

Table 4.2 L Aeq db GENERATED BY MCC - JUNE 12 Location Date And Time Wind Speed m/s 1 VTG o C per m 2 Criterion db Criterion Applies? 3,7 MCC L Aeq db 4,5 Exceedance 6,8 R 27/06/12 12: 4.7-0.6 38 N IA NA R 27/06/12 15:06 4.1-0.2 38 N IA NA R 27/06/12 : 3.6 0.6 38 N IA NA R 28/06/12 00:07 2.4 0.2 38 Y IA Nil R 28/06/12 02:22 2.6 0.4 38 Y IA Nil Notes: 1. Wind speed in metres per second, data from MCC open cut meteorological station; 2. VTG - Vertical temperature gradient in degrees Celsius per metres altitude, data from MCC open cut meteorological station; 3. Noise emission limits apply for winds up to 3 metres per second (at a height of 10 metres above ground level) and vertical temperature gradients of up to 3 degrees/m; 4. These are results for MCC in the absence of all other noise sources; 5. NM denotes audible but not measurable, IA denotes inaudible; 6. Bolded results in red are those greater than the relevant criterion (if applicable); 7. Y denotes Yes, N denotes No; and 8. NA in exceedance column means atmospheric conditions outside conditions specified in development consent and so criterion is not applicable. 8 Page 8

Table 4.3 L A1 (1 min) db GENRATED BY MCC - JUNE 12 Location Date And Time Wind Speed m/s 1 Night-Time VTG o C per m 2 Criterion db Criterion Applies? 3,7 MCC L A1,1min db 4,5 Exceedance 6,8 R7 27/06/12 22:00 1.9 0.5 44 Y 43 Nil R7 28/06/12 00: 3.0 0.8 44 Y Nil R13 27/06/12 22: 3.7 0.7 51 N 48 NA R13 28/06/12 00:54 2.4 0.0 51 Y Nil R15 27/06/12 23:24 2.5 0.4 46 Y 46 Nil R15 28/06/12 01:22 1.6 0.5 46 Y 41 Nil R16 27/06/12 23:06 2.4 0.7 46 Y 39 Nil R16 28/06/12 01:41 1.4 0.6 46 Y Nil R17 27/06/12 22:48 3.6 1.0 46 N 41 NA R17 28/06/12 01:59 1.7 0.8 46 Y 28 Nil R 28/06/12 00:07 2.4 0.2 48 Y IA Nil R 28/06/12 02:22 2.6 0.4 48 Y IA Nil Notes: 1. Wind speed in metres per second, data from MCC open cut meteorological station; 2. VTG - Vertical temperature gradient in degrees Celsius per metres altitude, data from MCC open cut meteorological station; 3. Noise emission limits apply for winds up to 3 metres per second (at a height of 10 metres above ground level) and vertical temperature gradients of up to 3 degrees/m; 4. These are results for MCC in the absence of all other noise sources; 5. NM denotes audible but not measurable, IA denotes inaudible; 6. Bolded results in red are those greater than the relevant criterion (if applicable); 7. Y denotes Yes, N denotes No; and 8. NA in exceedance column means atmospheric conditions outside conditions specified in development consent and so criterion is not applicable. 9 Page 9

Atmospheric condition data measured at each location are shown in Table 4.4. Table 4.4 MEASURED ATMOSPHERIC CONDITIONS Location Date And Time Temperature degrees C Wind Speed m/sec Wind Direction Cloud Cover 1/8s R7 27/06/12 14:31 15 1.6 1 7 R7 27/06/12 17:11 12 1.2 1 8 R7 27/06/12 18:00 13 0.8 1 8 R7 27/06/12 22:00 11 1.9 1 4 R7 28/06/12 00: 11 1.3 1 5 R13 27/06/12 14:09 16 1.4 6 R13 27/06/12 16: 13 1.0 1 7 R13 27/06/12 18:24 13 0.8 1 8 R13 27/06/12 22: 10 0.6 1 4 R13 28/06/12 00:54 10 0.8 1 7 R15 27/06/12 13:13 18 2.3 115 6 R15 27/06/12 16:14 14 1.4 195 8 R15 27/06/12 19:47 11 0.5 1 8 R15 27/06/12 23:24 10 0.3 3 R15 28/06/12 01:22 10 0.4 4 R16 27/06/12 13:37 1.0 1 6 R16 27/06/12 15:52 14 1.5 8 R16 27/06/12 19:26 12 0.7 1 8 R16 27/06/12 23:06 10 0.4 2 R16 28/06/12 01:41 10 0.8 1 6 R17 27/06/12 12:53 16 0.8 1 7 R17 27/06/12 15:33 15 1.0 175 7 R17 27/06/12 18:54 13 0.6 1 8 R17 27/06/12 22:48 10 0.3 2 R17 28/06/12 01:59 9 0.4 6 R 27/06/12 12: 17 2.0 1 6 R 27/06/12 15:06 15 1.2 1 7 R 27/06/12 : 12 0.8 1 8 R 28/06/12 00:07 10 1.0 110 4 R 28/06/12 02:22 10 0.3 1 6 Notes: 1. Wind speed and direction measured at 1.8 metres; and 2. NA is not available. 10 Page 10

5 DISCUSSION 5.1 Noted Noise Sources Table 4.1, Table 4.2 and Table 4.3 present data gathered during attended monitoring. These noise levels are the result of many sounds reaching the sound level meter microphone during monitoring. Received levels from various noise sources were noted during attended monitoring and particular attention was paid to the extent of MCC s contribution, if any, to measured levels. At each receptor location, MCC s L Aeq,15 minute and L A1,1 minute (in the absence of any other noise) was, where possible, measured directly, or, determined by frequency analysis. From these observations summaries have been derived for each location. The following chapter sections provide these summaries. Statistical 1/3 octave band analysis of environmental noise was undertaken, and Figures 5 to 34 display the frequency ranges for various noise sources at each location for L A1, L A10, L A90, and L Aeq. These figures also provide, graphically, statistical information for these noise levels. An example is provided as Figure 5 where it can be seen that frogs and insects are generating noise at frequencies above Hz; mining noise is at frequencies less than Hz (this is typical). Adding levels at frequencies that relate to mining only allows separate statistical results to be calculated. This analysis cannot always be performed if there are significant levels of other noise at the same frequencies as mining; this can be dogs, cows, or, most commonly, road traffic. It should be noted that the method of summing statistical values up to a cutoff frequency can overstate the L A1 result by a small margin but is entirely accurate for L Aeq. 11 Page 11

Environmental Noise Levels March 04, 06 hours TotL1 TotL10 TotLeq TotL90 L1 L10 Leq L90 LA1 39 db LA10 37 db LAeq db LA90 32 db Mine dragline fans, bucket noise, rear dump truck engine and transmission noise Insects LA10 34 db LAeq 32 db Frogs 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 4 Sample Graph 12 Page 12

5.1.1 R7, Day Measurement 1 Environmental Noise Levels At R7 27 Jun 12, 1431 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise Road traffic tyre noise and breeze in the foliage Birds LA1: 52 db LA10: 44 db LAeq: 41 db LA90: db LAeq: < db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 5 Environmental Noise Levels, R7 Gate to Transgrid yard Rear dump truck engine and transmission noise were regularly audible throughout the measurement at low levels, resulting in the MCC only of L Aeq of less than db. Breeze in foliage and road traffic tyre noise primarily responsible for the L A90, L A10 and L Aeq. Road traffic engine noise and birds were responsible for the L A1 and contributed to the L Aeq. A bat and a plane were also audible. 13 Page 13

5.1.2 R7, Day Measurement 2 Environmental Noise Levels At R7 27 Jun 12, 1711 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise and MCC continuum Road traffic tyre noise Frogs LA1: db LA10: 46 db LAeq: 44 db LA90: 33 db LAeq: 32 db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 6 Environmental Noise Levels, R7 Gate to Transgrid yard An engine continuum was audible from MCC throughout the measurement and generated a MCC only L Aeq of 32dB. Road traffic tyre and engine noise were responsible for the L A1, L A10 and L Aeq and contributed to the L A90. Frogs were audible at times and contributed to the L A1, L A10 and L Aeq. Birds and breeze in the foliage were also audible. 14 Page 14

5.1.3 R7, Evening Environmental Noise Levels At R7 27 Jun 12, 1 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Frogs LA1: 46 db LA10: 44 db LAeq: 41 db LA90: 31 db LAeq: db MCC continuum in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 7 Environmental Noise Levels, R7 Gate to Transgrid yard A low-level engine continuum was audible throughout the measurement. Rear dump truck (RDT) engine and transmission surges were regularly audible. These sources generated a MCC only of L Aeq of db. Frogs were primarily responsible for all measured levels. A substation continuum, breeze in foliage, distant road traffic and a dog were audible at low levels. 15 Page 15

5.1.4 R7, Night Measurement 1 Environmental Noise Levels At R7 27 Jun 12, 20 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Frogs LA1: 46 db LA10: 43 db LAeq: db LA90: db LA1,1min: 43 db LAeq: 33 db MCC continuum Dogs in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 8 Environmental Noise Levels, R7 Gate to Transgrid yard An RDT engine/fan continuum with regular transmission surges was audible from MCC through out the measurement. These sources were responsible for the MCC only L Aeq,15min of 33 db and L A1,1min of 43 db. Frogs were primarily responsible for all measured noise levels. Dogs, birds, distant road traffic and breeze on the microphone and in the foliage were also audible. 16 Page 16

5.1.5 R7, Night Measurement 2 Environmental Noise Levels At R7 28 Jun 12, 00 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Frogs LA1: 47 db LA10: db LAeq: db LA90: 27 db LA1,1min: db LAeq: 26 db MCC and substation continuum in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 9 Environmental Noise Levels, R7 Gate to Transgrid yard RDT engine and transmission noise was regularly audible from MCC and generated a MCC only L Aeq,15min of 26 db and an L A1,1min of db. Frogs were responsible for measured noise levels. A substation continuum and breeze in the foliage and on the microphone were audible. 17 Page 17

5.1.6 R13, Day Measurement 1 Environmental Noise Levels At R13 27 Jun 12, 19 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Aeroplane noise and quarry continuum Breeze in the foliage and road traffic tyre noise Birds LA1: 57 db LA10: 51 db LAeq: 48 db LA90: 42 db LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 10 Environmental Noise Levels, R13 - McMaster MCC was inaudible. Road traffic, breeze in the foliage and noise from a nearby quarry were primarily responsible for the L A90, L A10 and L Aeq. An aeroplane and birds contributed to the measured L A1. 18 Page 18

5.1.7 R13, Day Measurement 2 Environmental Noise Levels At R13 27 Jun 12, 16 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 quarry continuum Road traffic tyre noise Birds LA1: 61 db LA10: 51 db LAeq: 49 db LA90: 39 db LAeq: Not Measurable in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 11 Environmental Noise Levels, R13 - McMaster Engine noise from MCC was audible regularly at low levels throughout the measurement. Road traffic tyre and engine noise and noise from a nearby quarry were primarily responsible for all measured levels. Birds contributed to the L A1 and L Aeq. Breeze in the foliage was also audible. 19 Page 19

5.1.8 R13, Evening Environmental Noise Levels At R13 27 Jun 12, 1824 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 LA1: 43 db LA10: 38 db LAeq: db LA90: db LAeq: 31 db MCC continuum Birds in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 12 Environmental Noise Levels, R13 - McMaster An engine continuum was audible throughout the measurement. RDT engine and fan surges were regularly audible. These sources generated the MCC L Aeq,15min of 31 db. Birds were primarily responsible for all measured levels. Distant tyre noise and breeze in the foliage were also noted. Page

5.1.9 R13, Night Measurement 1 Environmental Noise Levels At R13 27 Jun 12, 22 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 MCC continuum Breeze in the foliage Frogs and insects LA1: db LA10: 42 db LAeq: db LA90: 36 db LA1,1min: 48 db LAeq: 39 db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 13 Environmental Noise Levels, R13 - McMaster An engine/exhaust/fan continuum from an excavator and RDT s operating at MCC were responsible for the site only L Aeq,15min of 39 db and L A1,1min of 48 db. Frogs and insects contributed to all measured noise levels. Road traffic tyre noise and breeze in the foliage were also noted. 21 Page 21

5.1.10 R13, Night Measurement 2 Environmental Noise Levels At R13 28 Jun 12, 0054 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 MCC RDT transmission noise LA1: 41 db LA10: 36 db LAeq: 34 db LA90: 28 db LA1,1min: db LAeq: 31 db MCC continuum MCC continuum Frogs and insects in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 14 Environmental Noise Levels, R13 - McMaster A rear dump truck engine/exhaust continuum and transmission noise surges from MCC were responsible for the MCC L Aeq,15min of 31 db. RDT transmission noise surges were responsible for the MCC L A1,1min of db. Impact noises were also noted three times and reverse alarms once. Frogs and insects contributed to all measured levels. Road traffic and breeze in the foliage were noted. 22 Page 22

5.1.11 R15, Day Measurement 1 Environmental Noise Levels At R15 27 Jun 12, 1313 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise and MCC engine continuum Road traffic tyre noise and breeze in the foliage Birds LA1: db LA10: 46 db LAeq: 44 db LA90: 38 db LAeq: < db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 15 Environmental Noise Levels, R15 - Collins An engine continuum from MCC was regularly audible and generated an MCC L Aeq,15min of less than db. Dozer track noise was noted on three occasions. Road traffic noise and breeze in foliage were primarily responsible for measured levels. Birds and breeze on the microphone contributed to the L A1, L A10 and L Aeq. A residential door banging was also noted. 23 Page 23

5.1.12 R15, Day Measurement 2 Environmental Noise Levels At R15 27 Jun 12, 1614 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic and dirt bike engine noise Road traffic tyre noise LA1: 57 db LA10: 51 db LAeq: 47 db LA90: 39 db LAeq: Not Measurable in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 16 Environmental Noise Levels, R15 Collins Engine noise, reverse beeps and dozer tracks from MCC were all briefly audible at low levels. Road traffic tyre and engine noise, dirt bike engine noise and breeze in the foliage were responsible for all measured noise levels. Birds were also noted. 24 Page 24

5.1.13 R15, Evening Environmental Noise Levels At R15 27 Jun 12, 1947 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise and MCC continuum Road traffic tyre noise and dogs LA1: 61 db LA10: 52 db LAeq: 48 db LA90: 33 db LAeq: 34 db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 17 Environmental Noise Levels, R15 - Collins A RDT engine/exhaust/fan continuum from MCC with regular surges was responsible for the MCC L Aeq,15min of 34 db. Impact noises were noted on two occasions. Road traffic tyre and engine noise were primarily responsible for all measured noise levels. Dogs contributed to the measured L A1 and L Aeq. Breeze in the foliage, sprinklers and an aeroplane were audible. Page

5.1.14 R15, Night Measurement 1 Environmental Noise Levels At R15 27 Jun 12, 2324 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 MCC continuum LA1: 42 db LA10: db LAeq: 37 db LA90: 34 db LA1,1min: 46 db LAeq: 37 db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 18 Environmental Noise Levels, R15 - Collins A RDT engine/exhaust/fan continuum from MCC was regularly audible throughout the measurement with frequent transmission noise surges and impact noises. These sources were responsible for the MCC L Aeq,15min of 37 db. A RDT engine/exhaust surge generated the MCC L A1,1min of 46 db. Distant road traffic and breeze on the microphone and in the foliage were also noted. 26 Page 26

5.1.15 R15, Night Measurement 2 Environmental Noise Levels At R15 28 Jun 12, 0122 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 LA1: 43 db LA10: 39 db LAeq: 36 db LA90: 32 db LA1,1min: 41 db LAeq: db MCC continuum and train noise in report Birds 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 19 Environmental Noise Levels, R15 - Collins Rear dump truck engine/exhaust/fan/transmission surges were regularly audible for the first 10 minutes of the measurement. For the last 5 minutes of the measurement the RDT noise became a continuum. These sources generated a MCC L Aeq,15min of db and MCC L A1,1min of 41 db. A train and road traffic tyre noise contributed to the measured L Aeq. Birds were a minor contributor to the L A1. Breeze in the foliage and on the microphone were also noted. 27 Page 27

5.1.16 R16, Day Measurement 1 Environmental Noise Levels At R16 27 Jun 12, 1337 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Aeroplane and road traffic engine noise Road traffic tyre noise and breeze in the foliage LA1: 62 db LA10: 51 db LAeq: 49 db LA90: 37 db LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure Environmental Noise Levels, R16 - Tuckey MCC was inaudible. A combination of road traffic, breeze in the foliage and an aeroplane were primarily responsible for all measured levels. A lawnmower, birds, work in a garage and music were audible at times. 28 Page 28

5.1.17 R16, Day Measurement 2 Environmental Noise Levels At R16 27 Jun 12, 12 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic and dirt bike engine noise Road traffic tyre noise and dogs Birds LA1: 62 db LA10: 56 db LAeq: 52 db LA90: 38 db LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 21 Environmental Noise Levels, R16 - Tuckey MCC was inaudible. Road traffic tyre and engine noise was primarily responsible for all measured levels. Dogs, dirt bike engine noise and birds contributed to the measured L A1. Breeze in the foliage, an aeroplane, reverse beeps, a hose and music were audible at times. 29 Page 29

5.1.18 R16, Evening Environmental Noise Levels At R16 27 Jun 12, 1926 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise Road traffic tyre noise and electrical compound continuum LA1: db LA10: 46 db LAeq: 44 db LA90: 39 db LAeq: < db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 22 Environmental Noise Levels, R16 - Tuckey Engine and transmission noise from RDT at MCC were frequently audible throughout the measurement and were responsible for the MCC L Aeq,15min of less than db. Road traffic noise was primarily responsible for all measured levels. A continuum from an electrical compound generated the L A90. Dogs, breeze in the foliage and an aeroplane were audible. Page

5.1.19 R16, Night Measurement 1 Environmental Noise Levels At R16 27 Jun 12, 26 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 LA1: 43 db LA10: 39 db LAeq: 37 db LA90: 34 db LA1,1min: 39 db LAeq: 34 db MCC continuum and train noise Electrical compound continuum in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 23 Environmental Noise Levels, R16 - Tuckey A RDT engine/transmission continuum with frequent surges was audible from MCC for the majority of the measurement and generated the MCC L Aeq,15min of 34 db and L A1,1min of 39 db. An impact noise was noted on one occasion. A nearby electrical compound contributed to all measured levels. A train contributed to the measured L A1, L A10 and L Aeq. Dogs, distant road traffic and breeze in the foliage were also noted. 31 Page 31

5.1. R16, Night Measurement 2 Environmental Noise Levels At R16 28 Jun 12, 0141 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 LA1: 43 db LA10: 37 db LAeq: db LA90: 32 db LA1,1min: db LAeq: 32 db MCC continuum MCC continuum and road traffic tyre noise Electrical compound continuum in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 24 Environmental Noise Levels, R16 - Tuckey RDT engine and transmission noise were regularly audible and generated the MCC L Aeq,15min of 32 db and L A1, 1min of db. A nearby electrical compound contributed to all measured levels. contributed to the L A1 and L Aeq. Road traffic noise Dogs and breeze in the foliage also noted. 32 Page 32

5.1.21 R17, Day Measurement 1 Environmental Noise Levels At R17 27 Jun 12, 13 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise and industrial area continuum Road traffic tyre noise LA1: 64 db LA10: 53 db LAeq: 51 db LA90: 43 db LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure Environmental Noise Levels, R17 Colvin MCC was inaudible. Road traffic noise and an industrial area continuum were responsible for all measured levels. Dogs, breeze in the foliage and on the microphone, birds and voices were also audible. 33 Page 33

5.1.22 R17, Day Measurement 2 Environmental Noise Levels At R17 27 Jun 12, 1533 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise and industrial area continuum Road traffic tyre noise LA1: 77 db LA10: 64 db LAeq: 64 db LA90: 46 db LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 26 Environmental Noise Levels, R17 Colvin MCC was inaudible. Road traffic tyre and engine noise was responsible for measured levels Breeze in the foliage, Dirt bike engine noise, dogs, a resident hammering and an industrial area continuum were regularly audible. 34 Page 34

5.1.23 R17, Evening Environmental Noise Levels At R17 27 Jun 12, 1854 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic engine noise and industrial area continuum Road traffic tyre noise LA1: 56 db LA10: 46 db LAeq: 43 db LA90: 31 db LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 27 Environmental Noise Levels, R17 Colvin MCC was inaudible. Road traffic tyre and engine noise was responsible for measured levels. A continuum from a nearby industrial area, an aeroplane, breeze in the foliage, dogs, birds and insects were all regularly audible. Page

5.1.24 R17, Night Measurement 1 Environmental Noise Levels At R17 27 Jun 12, 2248 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 MCC continuum, industrial area continuum and train noise LA1: 46 db LA10: 41 db LAeq: 38 db LA90: 33 db LA1,1min: 41 db LAeq: db in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 28 Environmental Noise Levels, R17 Colvin A RDT engine continuum with regular engine and transmission surges was audible from MCC and generated the MCC L Aeq,15min of db and MCC L Aeq,15min of 41 db. A train was responsible for the measured L A1 and L A10 and contributed to the L Aeq. An industrial area continuum was a minor contributor to all measured levels. An aeroplane, dogs, breeze in the foliage and distant traffic were all noted. 36 Page 36

5.1. R17, Night Measurement 2 Environmental Noise Levels At R17 28 Jun 12, 0159 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Train and road traffic tyre noise LA1: 46 db LA10: 42 db LAeq: 39 db LA90: 33 db LA1,1min: 28 db LAeq: < db MCC continuum and road traffic engine noise in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 29 Environmental Noise Levels, R17 Colvin RDT engine, exhaust and transmission noise were regularly audible and generated the MCC L Aeq,15min of less than db and L A1,1min of 28 db. Road traffic tyre and engine noise and a train combined to generate all measured levels. 37 Page 37

5.1.26 R, Day Measurement 1 Environmental Noise Levels At R 27 Jun 12, 12 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic tyre noise LA1: 51 db LA10: 49 db LAeq: 46 db LA90: 42 db LAeq: Inaudible Distant aeroplane noise in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure Environmental Noise Levels, R - Gordon MCC was inaudible. Road traffic noise was primarily responsible for all measured levels. An aeroplane was a minor contributor to the measured L A1, L A10 and L Aeq. Birds and breeze in the foliage and on the microphone were noted. 38 Page 38

5.1.27 R, Day Measurement 2 Environmental Noise Levels At R 27 Jun 12, 16 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic tyre noise LA1: 52 db LA10: 49 db LAeq: 46 db LA90: 41 db LAeq: Inaudible Aeroplane noise in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 31 Environmental Noise Levels, R - Gordon MCC was inaudible. Road traffic tyre noise generated measured levels. A train was a minor contributor to the measured L A1. A plane, birds and breeze in the foliage were also noted. 39 Page 39

5.1.28 R, Evening Environmental Noise Levels At R 27 Jun 12, hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic tyre noise LA1: 52 db LA10: 48 db LAeq: 43 db LA90: 33 db LAeq: Inaudible Road traffic engine noise in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 32 Environmental Noise Levels, R - Gordon MCC was inaudible. Road traffic tyre and engine noise was responsible for measured levels. Dogs, an aeroplane and breeze in the foliage were all noted. Page

5.1.29 R, Night Measurement 1 Environmental Noise Levels At R 28 Jun 12, 0007 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Road traffic and train noise Frogs LA1: db LA10: 41 db LAeq: 37 db LA90: 29 db LA1,1min: Inaudible LAeq: Inaudible in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 33 Environmental Noise Levels, R - Gordon MCC was inaudible. Road traffic tyre noise and a train were responsible for all measured levels. Frogs were a minor contributor to all measured levels. Breeze in foliage was noted. 41 Page 41

5.1. R, Night Measurement 2 Environmental Noise Levels At R 28 Jun 12, 0222 hours LA1 LA10 LAeq LA90 LA1 LA10 LAeq LA90 Train and road traffic tyre noise LA1: 51 db LA10: 44 db LAeq: 43 db LA90: 26 db LA1,1min: Inaudible LAeq: Inaudible Road traffic engine noise in report 31.5 1 0 2 0 0 6 12 00 31 00 00 0 0 Figure 34 Environmental Noise Levels, R - Gordon MCC was inaudible. Road traffic tyre and engine noise and a train were responsible for all measured levels. Frogs were noted. 42 Page 42

6 SUMMARY A noise survey was conducted around Muswellbrook Coal operations on 27 and 28 June 12. The purpose of the survey is to quantify and describe the acoustic environment around the site and compare the results with development consent conditions for the extension of MCC's No. 1 Opencut operations. Wind speed and/or temperature inversion conditions resulted in development consent criteria not always being applicable, as indicated in Table 4.2 and Table 4.3. MCC complied with the relevant limits during the June 12 survey, with the exception of R15. During the first night measurement on the 27/28 June 12, MCC exceeded the L Aeq,15min impact assessment criterion at R15. A rear dump truck engine/exhaust/fan continuum from MCC was regularly audible throughout the measurement with frequent transmission noise surges and impact noises. These sources were responsible for the MCC L Aeq,15min of 37 db. The OCE was contacted following this measurement and was notified that levels were exceeding relevant criterion. He advised that a number of rear dump trucks would be relocated to a different haul route and that levels should improve shortly. This exceedance of the L Aeq impact assessment criterion is not considered significant as Chapter 11 of the OEH Industrial Noise Policy deems a development to be in noncompliance only when the monitored noise level is more than 2 db above the statutory noise limit specified in the consent or licence condition. Global Acoustics Pty Ltd 43 Page 43

A P P E N D I X A. D EV ELOPMENT CONSENT A.1 Page A.1

A development consent and licence apply to the MCC operation. The noise sections are reproduced below. A.1 MCC Development Consent 6.4.1 Noise Criteria EPA GTA Noise generated at the premises must not exceed the noise limits presented in Table 6 below: Table 6 Noise Limits () Location Day Evening Night L Aeq(15 minute) L Aeq(15 minute) L Aeq(15 minute) L (1 minute) R7 Watts 36 36 36 44 R13 McMaster 51 R15 Collins 46 R16 Tuckey 46 R17 Colvin 46 R Gordon 38 38 38 48 Note: The EPA has advised that in order to prevent exceedences of the project specific noise levels during adverse meteorological conditions, especially at the R13 location, the saddle between the existing overburden dumps on the northern side of the No. 1 open-cut has to increase in height from RL5 to no greater than RL 224. 6.4.2 Noise Acquisition Criteria The acquisition zone for noise is defined by predicted or demonstrated exceedence of the noise levels shown in Table 7 below: Table 7 Acquisition Noise Limits () Location Day Evening Night L Aeq(15 minute) L Aeq(15 minute) L Aeq(15 minute) R7 Watts 41 41 41 R13 McMaster R15 Collins R16 Tuckey R17 Colvin R Gordon 43 43 43 A.2 Page A.2

6.4.3 Interpretation of Noise Levels (a) For the purposes of condition 6.4.1 and 6.4.2: * Day is defined as the period from 7am to 6pm Monday to Saturday and 8am to 6pm Sundays and Public Holidays; * Evening is defined as the period from 6pm to 10pm; and * Night is defined as the period from 10pm to 7am Monday to Saturday and 10pm to 8am Sundays and Public Holidays (b) Noise from the Project is to be measured within the residential boundary, or within m of the dwelling (rural stations) where the dwelling is more than m from the boundary to determine compliance with the LAeq(15 minutes) noise limit in Condition 6.4.1. Where it can be demonstrated that direct measurement of noise from the project is impractical, the EPA may accept alternative means of determining compliance. See chapter 11 of the NSW Industrial Noise Policy. The modification factors presented in Section 4 of the NSW Industrial Noise Policy shall also be applied to the measured noise level where practical. (c) Noise from the project is to be measured at 1m (unless otherwise agreed with the property owner) from the dwelling façade, to determine compliance with the LA1(1 minute) noise limits in Condition 6.4.1. (d) The noise emission limits identified in Condition 6.4.1 apply under meteorological conditions of: * Wind speed up to 3 m/s at 10 metres above ground level * Temperature inversion conditions of up to 3 degreesc/m. (e) The loading of large rocks onto mine trucks is to be undertaken outside the night time period. 6.4.4. Request for independent monitoring and acquisition (a) Monitoring and Management In the event that a landowner or occupier of a non-mined owned property considers that noise from the Project is in excess of the noise level criteria as set out in Condition 3.4.2 and MSC is satisfied that an investigation is required, the Applicant shall upon the receipt of a written request from MSC: (i) consult with the landowner or occupants affected to determine their concerns; (ii) make arrangements for, and bear the costs of, following consultation as far as reasonably practicable with other mine operations in the vicinity where necessary, appropriate independent noise investigations in accordance with the Noise Management Plan to the satisfaction of MSC, to quantify the impact and determine the source of the effect and the contribution of the Project to the effect; (iii) modify the mining activity in accordance with a noise reduction plan prepared as part of the Noise Management Plan, if exceedence are demonstrated by the investigation to result in part from the mine related activity. This shall include: * introduction of additional controls, either on noise emission from individual sources on the site or on site operations or modify operations, to ensure that the noise criteria in Condition 6.4.1 is achieved as far as possible, or; * seek agreement of the landowner, and in the case of the cumulative impacts the other relevant mines/industrial operations, to undertake noise mitigation measures A.3 Page A.3

at the dwelling to achieve a level which is at least 10 below the relevant external noise criterion; and * seek agreement of the landowner, and in the case of cumulative impacts with the other relevant mines/ industrial operations in the area and the landowner, to provide such other forms of benefit or amelioration of the impacts of noise as may be agreed between the parties as providing acceptable compensation for the noise levels experienced. (iv) conduct follow up investigations to the satisfaction of MSC, where necessary. If necessary, the follow up investigation should be conducted 3 months after the initial investigation to give MCC time to implement the recommended noise control. (b) Acquisition (i) If the independent noise investigation(s) in sub clause (a) above confirm that the noise acquisition criteria of condition 6.4.2 is being exceeded by the Project alone, and the measures in Condition 6.4.5 do not reduce the levels below this criteria, the Applicant shall at the written request of the landowner acquire the relevant property. Acquisition shall be in accordance with the procedures set out in condition 11.1. (ii) If the independent noise investigations in Condition 6.4.2 confirm that the noise acquisition criteria is being exceeded as a result of cumulative impacts, including a contribution from the Project, the Applicant shall enter into consultation with neighbouring mines for the purchase of the affected property in accordance with the Condition 11.1. Should the Applicant not be able to formulate a joint acquisition agreement with neighbouring mines in accordance with Condition 11.1 the Applicant shall at the written request of the owner acquire the relevant property. Acquisition shall be in accordance with the procedures set out in Condition 11.1 (c) If continued complaints and noise investigation confirm that the noise criteria is being exceeded as a result of the contribution from the Project, but are less than the noise acquisition criteria, the Applicant shall negotiate with the landowner until a resolution to the satisfaction of MSC is reached. (d) If a landowner disputes any noise mitigation or other measures proposed by the Applicant in accordance with sub-clause (a) above, the matter shall be referred by either the Applicant or landowner to MSC. If the matter cannot be resolved within 21 days, the matter shall be referred to the Independent Dispute Resolution Process. (e) Further independent investigations shall cease if MSC is satisfied that the relevant criterion in Condition 6.4.2 (a) is not being exceeded and are unlikely to be exceeded in the future. A.1.1 Environment Protection Licence On 12 August 04 Muswellbrook Coal Company Ltd was issued with a variation to Environment Protection Licence No. 6 for coal mining. Section 6.1 of the licence details the noise requirements and are reproduced below. A.4 Page A.4

L6 Noise Limits L6.1 Noise from the premises must not exceed the noise limits presented in the table below: Location Day Evening Night L Aeq(15 minute) L Aeq(15 minute) L Aeq(15 minute) L (1 minute) R7 (RG&GA Watts) 36 36 36 44 R13 (McMaster) 51 R15 (Collins) 46 R16 (Tuckey) 46 R17 (Colvin) 46 R (Gordon) 38 38 38 48 Where LAeq means the equivalent continuous noise level the level of noise equivalent to the energy-average of noise levels occurring over a measurement period. L6.2 For the purposes of condition L6.1: Day is defined as the period from 7am to 6pm Monday to Saturday and 8am to 6pm Sundays and Public Holidays; Evening is defined as the period 6pm to 10pm; and Night is defined as the period from 10pm to 7am Monday to Saturday and 10pm to 8am Sundays and Public Holidays. L6.3 Noise from the premises is to be measured within the residential boundary, or within m of the dwelling (rural situations) where the dwelling is more that m from the boundary to determine compliance with the LAeq(15 minute) noise limits in condition L6.1. Where it can be demonstrated that direct measurement of noise from the premises is impractical, the EPA may accept alternative means of determining compliance. L6.4 Noise from the premises is to be measured at 1m from the dwelling façade to determine compliance with the LA1( noise limits in condition L6.1. A.5 Page A.5

Appendix B. CALIBRATION CERTIFICATES B.1 Page B.1

B.2 Page B.2

B.3 Page B.3