Ex. E <br />Furthermore, the measurements were reportedly taken as close to residential property lines in <br />accordance with OAR 340-35-035 (3)(b). A reading of this section of the Oregon State DEQ <br />noise code reveals that it defines <br />towards the noise source, or the property line if it happens to be closer to the dwelling. The <br />Eugene city noise code applies to anywhere on the property of the dwelling, including the <br />property line. There is no explanation why the more restrictive state noise measurement <br />positions were used for this test instead of the city noise measurement positions. <br />Incidentally, OAR 340-35-035 (3)(a) states how the measurement is to be made, which is <br />contained in the DEQ noise measurement manual in which it is clearly stated that noise <br />measurements should not be made if any condition on the ground affects the noise reading, <br />except for wet streets. Certainly, noise readings taken during a fresh snow fall will affect the <br />loudness of the sound being measured. What is so unusual here is that neighborhood ambience <br />noise readings in a report dated Oct 22, 2014 (late summer) were taken 8 months earlier, during a <br />snowstorm on Feb 6, 2014 (dead of winter). <br />Finally, nowhere else in SSA noise report were ambient noise readings used or even referred to. <br />B) Ambient Noise Level <br />However, the subject of ambient noise has been introduced into the record by SSA, apparently as <br />being a salient issue or applicable factor in considerations on the siteing of the proposed cell <br />tower or its design. To that end, an ambient noise readings were taken during a more appropriate <br />39.4 dBA <br />time of the year. On Thursday, April 16, 2015, 9:30 pm the baseline ambient level of <br />was recorded at the intersection of Fox Hollow Rd and the pull out at the now closed section of <br />Dillard Rd. Later on Late Sunday night, actually early Monday morning at 2 am the baseline <br />ambient noise level of 30.8 dB,A was recorded. <br />These readings excluded any obvious nearby individual noise sources, typically cars driving on <br />Fox Hollow and Amazon Dr. What was recorded is the basic din of distant noise, the aggregate <br />of sound from all around that location; it is the sound level below which the background noise <br />does not fall, essentially the L90, or sound level exceeded 90% of the time. <br />The 31 dBA measurement is effectively the late night quiet in the middle of the night for this <br />neighborhood. Iperception of the <br />presence of the proposed cell tower, its loudness and subsequent objections. The ambient <br />measurement requires a number of actual measurements, not one or two. But still, the <br />s reported 49 dBA. It is much <br />more like 31 dBA in the quiet of the night. <br />2) Code Requirements <br />There are two noise codes that apply to this cell tower, one being the 3 sections of the Eugene <br />Code plus any other administrative rule and the other being the State Noise Code. Multiple <br />codes may apply to any given situation. All of them simultaneously apply to nearby residential <br />property. The most protective code will prevail in any given situation. <br />2 <br />