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HomeMy WebLinkAboutOrdinance 5281 '!�I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �III1���III1311111111111DOC 0111311170212ll000l16 Type : REL Kind : ORDINANCE Recorded : 11/ 17/2009 at 03 : 28 : 04 PM Fee Amt : $40 . 00 Pace 1 of 6 Meahinaton County . AR Bette 6tC�u1t Clerk Flle OO 997 00036591 ORDINANCE NO. 5281 AN ORDINANCE TO PREVENT INJURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAYETTEVILLE BY REGULATING RED DIRT MINING FACILITIES SO THAT THESE FACILITIES WILL NOT BE NUISANCES WHEREAS, the City Council of the City of Fayetteville, Arkansas recognizes the need for red dirt mining facilities to supply necessary red dirt for building construction, parking lot and road construction within and near the corporate limits of Fayetteville; and WHEREAS, the Fayetteville City Council has listened to experts and citizens and determined that any blasting that could be used in red dirt mining could cause nuisance effects upon nearby structures (especially homes) and their inhabitants; and WHEREAS, the Fayetteville City Council has also learned and determined that without the reasonable regulations required by this ordinance an operating red dirt mining facility can cause vibrations, dust, ground upheaval, loud noises, fumes and other deleterious effects within a mile from the red dirt mining facility to such an extent that the red dirt mining facility would be a nuisance to Fayetteville citizens; and WHEREAS, the Fayetteville City Council has also heard from citizens living near an existing and operating red dirt mining facility and determined that unregulated blasting, dirt excavating, dump truck loading, dump truck tailgate banging and other red dirt mining facility activities would be a nuisance to Fayetteville citizens and potentially damaging to their property and city streets; and WHEREAS, unless the frequency of blasting, its distance from houses, the elimination of dump truck tailgate banging, the hours and days of red dirt mining facility operation near residences to prevent noise, dust and fumes in excess of ADEQ limits from escaping the red dirt farm are properly regulated and controlled, such a red dirt mining facility would constitute a nuisance to Fayetteville residents and citizens and should be abated. Page 2 Ordinance No. 5281 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby enacts Chapter 113 Rock Quarries and Red Dirt Mining Facilities of the Code of Fayetteville, Article II Red Dirt Mining Facility Operating License as shown on the attached Exhibit A. ,,,1larlrry,rs ,, PASSED and APPROVED this the 20'" day of October, 2009. r�� .•'G�SY o,W. G.p'o ; FAYETTEVILLE ; APPROVED: ATTEST: '�9s'9RkANSP.• �$ Vol' T III Bit By: 4-400 By: / LIO LD JOIJJJAA, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" ARTICLE II. Red Dirt Mining Facility Operating quarry operator, the Director of License Development Services may designate another weekday during the next five §113.11. Finding of Nuisance and Need weekdays as a permitted blast day. for Abatement (4) Upon timely request by the red dirt The City Council of the City of Fayetteville, mining facility operator, the Director of Arkansas determines and finds that the Development Services or designee is operation of a red dirt mining facility would empowered to grant a variance of the be a nuisance to the citizens and City of time limitations for rock blasting if Fayetteville, Arkansas if operated or used inclement weather or other condition other than as prescribed in § 113 . 12 and, beyond the reasonable control of the therefore, should be abated by the operator has caused a safety issue that reasonable regulations required by this requires blasting outside the 10:00 a.m. ordinance. until 3 :00 p.m. permitted period. Re- notification is not required unless §113. 12. Regulations to Abate Nuisance blasting is moved to another day. (A) Rock Blasting/Use of Explosives. (5) The red dirt mining facility operator shall notify by telephone the Director of ( 1 ) No blasting shall be allowed within Development Services and any 60 yards of any house within the city Fayetteville neighbor within a mile of limits of Fayetteville. his quarry who has requested such notification at least two hours prior to (2) No blasting explosive charge or rock blasting. location shall exceed the most restrictive limitations within federal, state and (B) Operation of Red Dirt Mining Facility. Washington County regulations or laws. ( 1 ) All red dirt mining facilities within (3) All blasting within the permitted red the city limits of Fayetteville or within dirt mining facility shall only be allowed one mile beyond the city limits of between the hours of 10:00 a.m. and Fayetteville shall only be allowed to 3 :00 p.m. on the first and third operate during the period of 7:00 a.m. Wednesday of each month unless such until 6:00 p.m. Monday through Friday, Wednesday is a federal or city holiday. and during 7 :00 a.m. until noon on If such Wednesday is a holiday, the Saturday. No major noise producing permitted blasting day will be moved to activities shall occur before 8 :30 a.m. or the next day (Thursday). If the after 4:30 p.m. on a weekday or anytime permitted blasting day would be unsafe on Saturday or Sunday. No red dirt or not feasible or practical because of mining facility shall be allowed to inclement weather or other condition operate on a federally recognized beyond the reasonable control of the holiday or Sunday. 3 (2) All red dirt mining facilities within to ensure that any and all vehicles the city limits of Fayetteville or within leaving the red dirt mining facility shall one mile beyond the city limits of have all mud and dirt removed from the Fayetteville shall be prohibited from any tires and exterior parts of the body of all operations until the owner/operator of vehicles prior to exiting the site onto such facility has obtained a valid, annual public roads. Red Dirt Mining Operating License. This license to operate shall be issued by (3) Red dirt. The red dirt mining the Fayetteville Planning Department on operator is responsible to ensure that all a fiscal year (July 1 through June 30) dump trucks leaving the red dirt mining schedule with no fee assessed. site that may utilize any city street and are carrying more than half a truck load (C) Dust, Mud and Rock Control Measures. of red dirt have their load fully and properly covered. All red dirt mining facilities within the city limits of Fayetteville or within one mile (4) Dump truck identifying number. In beyond the city limits of Fayetteville shall order for citizens to easily and correctly only be allowed to operate with the identify dump trucks and their following safeguards and measures to ensure owner/operators who are servicing the that dust, dirt, mud, loose rock, and all other red dirt mining facility, the red dirt possible irritants or nuisance substances do mining operator shall require any dump not adversely affect Fayetteville residents. truck accessing or servicing his facility It is the express continuing duty of the to have an easy to read four digit number licensed red dirt mining facility operator to at least six inches high and twelve inches ensure all of these safeguards, requirements wide on the tail gate of the dump truck. and measures are constantly enforced. The red dirt mining operator shall maintain an up-to-date and accurate log ( 1 ) Dust control measures. Water or of the owner and operator of each other substances or measures must be numbered dump truck and shall fully effective during the operation of immediately supply the owner and the red dirt mining to ensure the red dirt operator' s name, address and contract mining facility is in full and continual information to any Fayetteville compliance with the requirements of the employee, official or citizen who Arkansas Water and Air Pollution requests such information. Control Act as administered by the Arkansas Department of Environmental (5) Only dump trucks with proper Quality. A violation of the permit identifying number may be loaded The conditions required by the Arkansas red dirt mining operator shall not load or Department of Environmental Quality permit to be loaded or permit to exit the can be grounds for a suspension or red dirt mining facility any dump truck revocation of the City's Red Dirt Mining unless the identifying number specified Facility Operating License. (See in subsection (4) is clearly legible, easy § 133 . 15) to read and not obscured by dirt, mud or otherwise. (2) Dirt and mud control measures. The red dirt mining operator is required 4 (D) Control of Dump Truck Tailgate dwelling, a residence, an apartment, a Banging condominium, a dormitory, a hotel or motel. It is the express duty of the red dirt mining (C) "Operation of Red Dirt Mining Facility" facility operator to prevent a dump truck means any blasting, operation of any delivering anything to the red dirt mining mechanical equipment on the premises of facility or receiving red dirt from the the red dirt mining facility or any operation facility to engage in Dump Truck Tailgate of dump trucks or other large vehicles on the Banging as defined in § 113 .04 (E) at any premises of the red dirt mining site. time upon its property. Starting, running the engine or moving any equipment or dump truck on the premises The red dirt mining facility operator shall shall constitute operation of the red dirt keep a record of the owner/operator and mining facility. number of the offending dump truck to include the date and time of the occurrence. (D) "Major Noise Producing Activities" No dump truck which has banged its tailgate means blasting, rock breaking, dump truck shall be loaded or otherwise serviced for a tailgate banging, and the use by the red dirt full operational day of the red dirt mining mining facility operator of non-static backup facility after the incident to include all day warning devices on its loader or other major Monday if the tailgate banging occurs after equipment. Rock crushing within a half- 4:30 p.m. Friday or anytime on Saturday or mile of a house within the city limits of Sunday. Loading or servicing such dump Fayetteville is also a major noise producing truck during this suspension shall constitute activity. a violation of this ordinance and the Red Dirt Mining Facility Operating License. (E) "Dump Truck Tailgate Banging" means the avoidable and loud banging of a dump §113.13: Jurisdiction of This Ordinance. truck tailgate used to vibrate the bed to loosen material in the bed sought to be Pursuant to A.C.A. § 14-54- 103( 1 ), this dumped. The relatively quiet bang that ordinance to abate a nuisance shall be might be unavoidable when a dump truck applicable to any and all red dirt mining load is dumped and the truck moves away facilities located within the corporate limits form the pile without applying the truck' s of Fayetteville and for one ( 1 ) mile beyond brakes is not regulated by this ordinance. the city limits as prescribed in A.C.A. § 14- 262- 102. 113. 15: Issuance, Suspension or Revocation of License. §113.14 : Definitions. (A) Issuance. The Director of Development (A) "Red dirt mining" means any open Services or designee shall prepare and issue excavation used for obtaining red dirt or an annual Red Dirt Mining Facility other type of soil used for paving or building Operating License upon proper application purposes. of an owner/operator of a red dirt mining facility within the jurisdiction of this (B) "House" means any habitable structure ordinance after ensuring the owner/operator including a mobile or manufactured home, a will be in full compliance with all requirements of this ordinance and has all 5 other current and valid federal, state and the limits of this ordinance and shall be county permits required for red dirt mining guilty of a criminal violation for any operation. violation of the requirements of this ordinance. (B) Suspension. The Director of Development Services may suspend a Red (B) The Red Dirt Mining Facility Dirt Mining Facility Operating License for Operating License may be revoked or up to thirty (30) days for violations of the suspended by the Director of Development terms of the license after a due process Services after a due process hearing for an hearing. owner' s, manager' s, operator' s, employee's, or lessee' s violation of any terms or limits (C) Revocation. The Director of within this ordinance or for operating the red Development Services may revoke a Red dirt mining facility not in conformity with Dirt Mining Facility Operating license for its Red Dirt Mining Facility Operating repetitive, continuing, intentional, or License. substantial violations of the requirements of this ordinance. The Director of (C) Any owner, operator, manager, lessee Development Services may require adequate or employee of a Red Dirt Mining Facility assurances that any operator whose license shall be guilty of a criminal violation if such has been revoked will fully comply with the person operates the red dirt mining facility Red Dirt Mining Facility Operating License in violation of any of the terms of this before reissuing another license. ordinance, without a current and valid Red Dirt Mining Facility Operating License, or (D) Appeal. Any person whose license has in violation of any of the terms of his Red been suspended or revoked pursuant to this Dirt Mining Facility Operating License. section, may appeal such suspension or revocation to the City Council by providing (D) Each violation of the operational hour the City Clerk' s Office with a written limitations or the number of blasting events request for City Council review within ten allowed by this Ordinance or the applicable business days of the issuance of suspension Red Dirt Mining Facility Operating License or revocation. The City Council may then shall constitute a separate violation of this determine whether the red dirt mining ordinance and shall be punishable by a fine facility owner/operator violated the of up to $500.00. requirements of the ordinance and, if so, whether suspension (up to 30 days) or § 113.17: No reduction in property revocation is appropriate for such violation. owner's right to sue for nuisance. §113. 16: Penalty. Nothing in this ordinance removes or reduces a property owner' s right to sue or (A) Any owner, lessor or lessee of real seek an injunction against any owner or property upon which is located a red dirt operator of a red dirt mining facility if a mining facility and any operator, manager, court of competent jurisdiction finds that or employee of such red dirt mining facility such facility constitutes a private or public shall ensure such facility is operated within nuisance to that property. 6 AGENDA REQUEST FOR: COUNCIL MEETING OF SEPTEMBER 1, 2009 FROM: Shirley Lucas, Council Member Sarah Lewis, Council Member ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Prevent Injury Or Annoyance Within The Corporate Limits Of Fayetteville By Regulating Red Dirt Mining Facilities So That These Facilities Will Not Be Nuisances APPROVED FOR AGENDA: a � D Shirley Lucas Date :ouncilMeber Sarah Lewis Date Council Member qC Kit WilliatuA Date City Attorney (as to form) cm 3cct:j wigol to/G/09 CCK-� . �4 � &Ud Ret k;9 9-15- -Og /dl2 l U11 Dr) ( rY �PctCCc dty� q- I- t3q crt /cje 177 1 , r FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC : Don Marr, Chief of Staff Jeremy Pate, Development Services Director � FROM: Kit Williams, City Attorney DATE: August 19, 2009 RE: Proposed Chapter 113 Rock Quarries and Red Dirt Mining Facilities of the Code of Fayetteville Several months ago, City Council members Sarah Lewis and Shirley Lucas asked me to attend a meeting of Ward 4 residents who were concerned and unhappy about problems caused to their neighborhood by a Rock Quarry and Red Dirt Mining Facility near their homes. These city residents described regular disturbing activities that operation of the quarry and red dirt mine were inflicting upon them in their homes and on their property. These nuisance type activities included: (1 ) the dust, noise and vibration from frequent blasting of the rock for quarrying; (2) the noise, dust and fumes from the machines operating at the quarry and red dirt mine; (3) the large number of dump trucks which serviced the quarry and red dirt farm which often immediately entered city streets and caused traffic problems and safety issues during morning and afternoon school rush hours; (4) the amount of red dirt and rocks that fell from these dump trucks onto city streets and right-of-way. These trucks were often uncovered with very little freeboard. The City Council Ordinance Review Committee held several meetings to fine tune the initial ordinances I drafted pursuant to the requests of City Council Members Lucas and Lewis. Neighbors attended these public meetings and also provided input information and suggestions. The owners or managers of the rock quarry and red dirt mining operation did not attend to provide any input. I recommend that the ordinances be left on the first reading so that the rock quarry and red dirt mining owners and operators can review these ordinances for fairness and utility. These ordinances would mandate that each operator of a rock quarry or red dirt mining facility within the city and within one mile of the city limits must obtain a license from the City to operate their facility. The ordinances prescribe measures that an operator must take to prevent his facility from being a nuisance to Fayetteville residents. These measures restrict: ( 1 ) the frequency of allowed explosions; (2) require dust control measures; (3) restrict the days of operation to regular workdays (Monday-Friday); (4) restrict the hours of operation with longer hours allowed in the summer when school is out; (5) require dump trucks servicing the facility to have their loads covered more frequently than now allowed; and (6) require other measures to abate the potential of the facility to be a nuisance to our citizens. ORDINANCE AS AMENDED BY THE CITY COUNCIL ON SEPTEMBER 15, 2009 ORDINANCE NO, AN ORDINANCE TO PREVENT INJURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAYETTEVILLE BY REGULATING RED DIRT MINING FACILITIES SO THAT THESE FACILITIES WILL NOT BE NUISANCES WHEREAS, the City Council of the City of Fayetteville, Arkansas recognizes the need for red dirt mining facilities to supply necessary red dirt for building construction, parking lot and road construction within and near the corporate limits of Fayetteville; and WHEREAS, the Fayetteville City Council has listened to experts and citizens and determined that any blasting that could be used in red dirt mining could cause unavoidable damaging or nuisance effects upon nearby structures (especially homes); and WHEREAS, the Fayetteville City Council has also learned and determined that an operating red dirt mining facility can cause vibrations, dust, ground upheaval, loud noises, fumes and other deleterious effects within a mile from the red dirt mining facility; and WHEREAS, the Fayetteville City Council has also heard from citizens living near an existing and operating red dirt mining facility and determined that unregulated blasting, dirt excavating, dump truck loading and other red dirt mining facility activities are offensive and potentially unhealthy and dangerous to Fayetteville citizens and damaging to their property and city streets; WHEREAS, unless the frequency of blasting, its distance from houses, the hours and days of red dirt mining facility operation near residences to prevent noise, dust and fumes in excess of ADEQ limits from escaping the red dirt farm are properly regulated and controlled, such a red dirt mining facility would constitute a nuisance to Fayetteville residents and citizens and should be abated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby enacts Chapter 113 Rock Quarries and Red Dirt Mining Facilities of the Code of Fayetteville, Article II Red Dirt Mining Facility Operating License as shown on the attached Exhibit A. PASSED and APPROVED this the 6`h day of October, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 EXHIBIT "A" ARTICLE II. the operation of the red dirt mining to ensure the red dirt mining facility is in full and continual compliance with the Red Dirt Mining Facility Operating License requirements of the Arkansas Water and Air Pollution Control Act as administered by the Arkansas Department of Environmental Quality. A violation of the permit conditions §113.11 . Finding of Nuisance and Need for required by the Arkansas Department of Environmental Abatement Quality can be grounds for a suspension or revocation of the City's Red Dirt Mining Facility Operating License. (See The City Council of the City of Fayetteville, §133. 15) Arkansas determines and finds that the operation of a red dirt mining facility is a nuisance to the citizens and City of (2) Dirt and mud control measures. The red Fayetteville, Arkansas if operated or used other than as dirt mining operator is required to ensure that any and all prescribed in §113. 12 and, therefore, should be abated by vehicles leaving the red dirt mining facility shall have all mud the reasonable regulations required by this ordinance. and dirt removed from the tires and exterior parts of the body of all vehicles prior to exiting the site onto public roads. §113.12. Abatement of Nuisance (3) Red dirt. The red dirt mining operator is responsible to ensure that all dump trucks leaving the red (A) Rock Blasting/Use of Explosives. dirt mining site that may utilize any city street and are carrying more than half a truck load of red dirt have their (1 ) No blasting shall be allowed within 60 yards load fully and properly covered. of any house within the city limits of Fayetteville. (4) Dump truck identifying number. In order for (2) No blasting explosive charge or location citizens to easily and correctly identify dump trucks and their shall exceed the most restrictive limitations within federal, owner/operators who are servicing the red dirt mining facility, state and Washington County regulations or laws. the red dirt mining operator shall require any dump truck accessing or servicing his facility to have an easy to read (3) All blasting within the permitted red dirt four digit number at least six inches high and twelve inches mining facility shall only be allowed one day per month wide on the tail gate of the dump truck. The red dirt mining between the hours of 10:00 a.m. and 3:00 p.m, during a operator shall maintain an up-to-date and accurate log of the single weekday (non-holiday) pursuant to the Red Dirt owner and operator of each numbered dump truck and shall Mining Operating License. immediately supply the owner and operator's name, address and contract information to any Fayetteville employee, (B) Operation of Red Dirt Mining Facility. official or citizen who requests such information. (1 ) All red dirt mining facilities within the city (5) Only dump trucks with proper identifying limits of Fayetteville or within one mile beyond the city limits number may be loaded. The red dirt mining operator shall of Fayetteville shall only be allowed to operate during the not load or permit to be loaded or permit to exit the red dirt period of 8:30 a.m. until 3:00 p.m. Monday through Friday mining facility any dump truck unless the identifying number from August 20 through June 5 and during the period of specified in subsection (4) is clearly legible, easy to read and 8:00 a.m. until 5:30 p.m. Monday through Friday from June not obscured by dirt, mud or otherwise. 60 through August 19 . No red dirt mining facility shall be allowed to operate on a federally recognized holiday. §113.13: Jurisdiction of This Ordinance. (2) All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits Pursuant to A.C.A. §14-54-103(1 ), this ordinance of Fayetteville shall be prohibited from any operations until to abate a nuisance shall be applicable to any and all red dirt the owner/operator of such facility has obtained a valid, mining facilities located within the corporate limits of annual Red Dirt Mining Operating License. This license to Fayetteville and for one (1 ) mile beyond the city limits as operate shall be issued by the Fayetteville Planning prescribed in A.C.A. §14-262-102. Department on a fiscal year (July 1 through June 30) schedule with no fee assessed. §113.14: Definitions. (C) Dust, Mud and Rock Control Measures. (A) "Red dirt mining" means any open excavation used ,for obtaining red dirt or other type of soil All red dirt mining facilities within the city limits used for paving or building purposes. of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the (B) "House" means any habitable structure following safeguards and measures to ensure that dust, dirt, including a mobile or manufactured home, a dwelling, a mud, loose rock, and all other possible irritants or nuisance residence, an apartment, a condominium, a dormitory, a substances do not adversely affect Fayetteville residents. It hotel or motel. is the express continuing duty of the licensed red dirt mining operator to ensure all of these safeguards, requirements and (C) "Operation of Red Dirt Mining Facility' measures are constantly enforced. means any blasting, operation of any mechanical equipment on the premises of the red dirt mining facility or any (1 ) Dust control measures. Water or operation of dump trucks or other large vehicles on the other substances or measures must be fully effective during premises of the red dirt mining site. Starting, running the 3 engine or moving any equipment or dump truck on the premises shall constitute operation of the red dirt mining facility. However, as long as the dust control measures remain in operation and effective, dump trucks may be driven onto the red dirt mining facility to park (but may not be loaded) on the premises up until 5:30 p.m. during the August 20'" to June 5'" period. 113.15: Issuance, Suspension or Revocation of License. (A) Issuance. The Director of Development Services or designee shall prepare and issue an annual Red Dirt Mining Facility Operating License upon proper application of an owner/operator of a red dirt mining facility within the jurisdiction of this ordinance after ensuring the owner/operator will be in full compliance with all requirements of this ordinance and has all other current and valid federal, state and county permits required for red dirt mining operation. (B) Suspension. The Director of Development Services may suspend a Red Dirt Mining Facility Operating License for up to thirty (30) days for violations of the terms of the license after a due process hearing. (C) Revocation. The Director of Development Services may revoke a Red Dirt Mining Facility Operating license for repetitive, continuing, intentional, or substantial violations of the requirements of this ordinance. The Director of Development Services may require adequate assurances that any operator whose license has been revoked will fully comply with the Red Dirt Mining Facility Operating License before reissuing another license. (D) Appeal. Any person whose license has been suspended or revoked pursuant to this section, may appeal such suspension or revocation to the City Council by providing the City Clerk's Office with a written request for City Council review within ten business days of the issuance of suspension or revocation. The City Council may then determine whether the red dirt mining facility owner/operator violated the requirements of the ordinance and, if so, 4 whether suspension (up to 30 days) or revocation is appropriate for such violation. §113.16: Penalty. (A) Any owner, lessor or lessee of real property upon which is located a red dirt mining facility and any operator, manager, or employee of such red dirt mining facility shall ensure such facility is operated within the limits of this ordinance and shall be guilty of a criminal violation for any violation of the requirements of this ordinance. (B) The Red Dirt Mining Facility Operating License may be revoked or suspended by the Director of Development Services after a due process hearing for an owner's, manager's, operator's, employee's, or lessee's violation of any terms or limits within this ordinance or for operating the red dirt mining facility not in conformity with its Red Dirt Mining Facility Operating License. (C) Any owner, operator, manager, lessee or employee of a Red Dirt Mining Facility shall be guilty of a criminal violation if such person operates the red dirt mining facility in violation of any of the terms of this ordinance, without a current and valid Red Dirt Mining Facility Operating License, or in violation of any of the terms of his Red Dirt Mining Facility Operating License. (O) Each violation of the operational hour limitations or the number of explosions or the explosive force of any blasting of this Ordinance or the applicable Red Dirt Mining Facility Operating License shall constitute a separate violation of this ordinance and shall be punishable by a fine of up to $500.00. §113.17: No reduction in property owner's right to sue for nuisance. Nothing in this ordinance removes or reduces a property owner's right to sue or seek an injunction against any owner or operator of a red dirt mining facility if such facility constitutes a private or public nuisance to that property owner. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney DATE: September 10, 2009 RE: Amendments to Rock Quarry and Red Dirt Mining Facility Ordinances recommended by City Attorney I have some proposed amendments to what I handed out to you. In the Definitions section, I mistakenly left in (A) "Explosive force" which would have been necessary if we regulated how much explosive force would be allowed for explosions in the quarries and red dirt farms. However, I recommended and the Ordinance Review Committee agreed to remove any such attempted regulation because the state and federal laws and regulations had probably preempted this consideration. Thus, there is no need for the "Explosive force" definition which should be deleted from both ordinances and the other definitions renumbered. I also recommend some modifications relating to dust and dust control measures. The Arkansas Department of Environmental Quality is given the exclusive power to regulate, control and abate "air pollution and contamination." A.C.A. §8-4-306. Although most citizens probably would not consider "dust" as air pollution, the definition of "Air Pollution" in the Water and Air Pollution Control Act (A.C.A. §8-4-301 et seq.) is so broad that it probably covers dust. "Air pollution' means the presence in the outdoor atmosphere of one (1) or more air contaminants in quantities ... which are materially injurious ..., or which unreasonably interfere with enjoyment of life or use of property ...." "Air contamination' means any solid, liquid, gas or vapor or any combination thereof" A.C.A. §8-4-303 Thus; the Arkansas Department of Environmental Quality has the sole right and power to regulate "dust" (a "solid" air contaminant) through the Water and Air Pollution Control Act. I, therefore, recommend the amendments to § 113.02 (C)(1) Dust Control Measures which now refer to ADEQ permits, limitations and controls. Please see the attached proposed modified ordinances with this change in place. As this ordinance may likely be challenged in Court, I considered adding a severability section, but I believe the Unified Development Code's general severability section (§150.13 Severability) is sufficient without adding a specific severability section for these ordinances. I do recommend some minor changes in the "Whereas" clauses portion. I have removed "Reviewed scientific evidence" as I am unsure if such a review will actually occur and is not necessary for the passage of these ordinances. I have proposed a few, other changes ("homes" replaced by "property") (adding "and citizens" after "experts" in the second "Whereas" clause) (inserting "properly" before "regulated and controlled" in the last "Whereas" clause) (adding "in excess of ADEQ permitted limits" in the last "Whereas" clause). I believe that these changes should strengthen these ordinances and so recommend your approval of these amendments. Finally in §113.12 (A)(3) and §113.02 (A)(3), I replaced "one time" with "one day." Blasting in rock quarries does not happen in one large explosion, but many smaller explosions often only milliseconds apart. It has always been the intent to limit such explosions so that they occur on a single day per month not in a single explosion so that this change clarifies what was intended. DRAFT q -€79 oq ORDINANCE NO. AN ORDINANC TO/TJ IURY OR ANNOYANCE WITHIN THE C RPOLIMJJ OF FAYETTEVILLE BY REGULATING CERTAINIES SOTHATTHESE FACILITIES WILL NANCES WHEREAS,the City Council ayetteville, Arkansas recognizes the need for certain facilities to supply necesservices near the corporate limits of Fayetteville; and WHEREAS, the Fayetteville/City Council has determined that blasting, noise, and heavy truck traffic have the potential to c se damaging or nuisance effects upon nearby property; and WHEREAS, the Fayett ille City Council\has also determined that an operating certain facilities has the potential to fause vibrations, dust, ground upheaval, loud noises, fumes and other deleterious effects to n�tghboring landowners o?\the facilities; and WHEREAS, the dump truck loading and and damaging to their p1 NOW, CITY OF FA' tteville City Council has activities have the ooten BE IT ORDAINED BY ARKANSAS: determined that unregulated blasting, D be offensive to Fayetteville citizens CITY COUNCIL OF THE Section 1: That the City Council of the City of Fayetteville\Arkansas hereby enacts Chapter 113 Heavy Use Facilities of the Code of Fayetteville, Article II Heavy Use Facility Operating License as shown on the attached Exhibit A. Sic pinu�s Vcd �v Fawn PASSED and APPROVED this the 13'h day of October, 2009. DRAFT By: APPROVED: LIONELD JORDAN, Mayor By: ATTEST: E. SMITH, City Clerk/Treasurer `a ?kpttA Od N rk IF r DRAFT EXHIBIT "A" ARTICLE II. Heavy Use Facility Operating License §113.11. Finding of Nylsance and Need for Abatement The City Cou�lcil of the City of Fayetteville, Arkansas finds that the operation of certain activities could potentially become a nuisance to the citizens and City of Fayetteville, Arkansas if performed other than as prescribed in §113.12 and, therefore, should be subject to the reasonable regulations requiredby this ordinance. §113.12. Abatement of Nu\igance (A) Rock Blasting Jse (1) No blasting explo 've charge or location shall exceed the most restrictive lim ations within federal, state and Washington County regulationQ or laws. (2) All blasting within the pe'tvlitted heavy use facility shall only be allowed one day per w��k between the hours of 10:00 a.m. and 3:00 p.m. during a gle weekday (non -holiday) pursuant to the Heavy Use Operafl�g License! (B) Operation of Heavy Use Facility. (1) All heavy use facilities within the city limits of Fayetteville or within one mile beyond the city/fimits\of Fayetteville shall only be allowed to operate during the, period of 6:00 a.m. until 9:00 p.m. Monday through Saturday. (2) All heavy use facilities withinrthe city limits of Fayetteville or within one mile beyond )he city limits of Fayetteville shall be prohibited from any operations until the owner/operator of such facility has obtaVed a valid, annual Heavy Use Operating License. This license to operate shall be issued by the Fayetteville Planning Department on a fiscal year (July 1 through June 30) schedule with no fee assessed. Jr (3) All heavy use facif es shall be allowed to work from 6:00 a.m. to 9:00 p.m. f a cumulative 120 hours on Sundays throughout the year r emergency weather related purposes. In the event a Hey Use Facility Operator works on a Sunday, the imm lately following Monday, said operator shall contact the irector of Development Services and report the Sunday a ivities. (4) All hq�vy use facilities shall restrict and prevent all dump tryeks operating upon said facility from utilizing the tail ga of the truck from dislodging material from the dump tru bed prior to 9:00 a.m. (C) Dust, Mud and Rock Control Measures. All heavy use facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the following safeguards and measures to ensure that dust, dirt, mud, loose rock, and all other possible irritants do not adversely affect Fayetteville residents. It is the express continuing duty of the licensed heavy use facility operator to ensure all of these safeguards, requirements and measures are constantly enforced. (1) Dirt'and mud control measures. The heavy use facility operator is required to comply with all state and federal regulations regarding prevention of material from leaving the heavy use facility. r(2) Dump truck identifying number. In order for citizens to 9asily and correctly identify dump trucks and their owner/oppfators who are servicing the heavy use facility, the heavy u e operator shall require any dump truck owned by or work ng for the heavy use facility to have an easy to read four 4(git number at least six inches high and twelve inches wid on the tail gate of the dump truck. The heavy use fagility operator shall maintain an up-to-date and accurate lad of the owner and operator of each numbered dump truck and shall immediately supply the owner and operator's name, address and contract information to any Fayetteville employee, official or citizen who requests such information. (3) Only dump trucks with proper identifying number may be loaded. The heavy use facility operator shall not load or permit to be loaded or permit to exit the heavy use facility any dump truck unless the identifying number specified in subsection (4) is clearly legible, easy to read and not obscured by dirt, mud or otherwise. §113.13: Jurisdiction of This Ordinance. Pursuant to A.C.A. §14-54-103(1), this ordinance to abate a nuisance shall be applicable to any and all heavy use facilities located within the corporate limits of Fayetteville and for one (1) mile beyond the city limits as prescribed in A.C.A. §14-262-102. §113.14: Definitions. (A) "Heavy Use Facility means any location where dump trucks or other heavy trucks are operated, any location where rock blasting may occur, or any location where machinery may be operated. (B) 'House' means any habitable structure including'a mobile or manufactured home, a dwelling, a residence,\an apartment, a condominium, a dormitory, a hotel or motel. (C 'Operation of Heavy Use Facility' means any blasting, or any operation of dump trucks or other large vehicles used for the purpose of loading the dump trucks on the premises of the\heavy use site. Starting, running the engine or moving any equipment or dump truck on the premises shall constitute operation of the heavy use facility. 113.15: Issuance, Suspension or Revocation of License. (A) Issuance. The Director of Development Services or designee shall prepare and issue an annual Heavy Use Facility Operating License upon proper application of an owner/operator of a heavy use facility within 3 44nsI12d b,(i' r'l AFT the jurisdiction of this ordinance after ensuring the owner/operator will be in full compliance with all requirements of this ordinance and has all other current and valid federal, state and county permits required for heavy use operation. Any Heavy Use Facility currently in operation upon the enactment of this ordinance shall automatically be issued a permit. (1) Subsequent to the initial license issued to the Heavy Use Facility, said license shall be renewed automatically each year upon the owner/operators presentation to the Director of Development Services valid federal, state, and county permits required for the heavy use operation. No fee shall bt required for the renewal of the license. (2) In the event a'complaint is received by the Director of Development Services regarding the operation of a heavy use facility, upon notice, at facility shall have thirty (30) business days to correct any ctivity which may violate the terms of this ordinance before hearing to determine a suspension or revocation of the avy Use Operator's License may be issued. (B) Suspension. The Fayette ille City Council, after a public hearing where the heavy se operator is allowed to present evidence, may suspend Heavy Use Facility Operating License for up to thirty 0) days for violations of the terms of the license after a �te process hearing. (C) Revocation. The Fayetteville City Council, after a public hearing where the heavy use opera or is allowed to present evidence, may revoke a Heavy Facility Operating license for repetitive, continu g, intentional, or substantial violations of the requireme0th f this ordinance. The Fayetteville City Council may �quir� adequate assurances that any operator whose licese has been revoked will fully comply with the Heavy U Facility Operating License before reissuing another licens . (D) Appeal. Any person whosA license has been suspended or revoked pursuant to t ' section, may appeal such suspension or revocation to the Washington County Circuit Court to determine whethe suspension (up to 30 days) or revocation is appropriate for uch violation. The Heavy Use operation may continue operations pending appeal of any suspension or revocation. §113.16: Penalty. (A) Any owner, lessor or lessee of real property upon which is located a heavy use facility and any operator or manager of such heavy use facility shall ensure such facility is operated within the limits of this ordinance and shall be guilty of a criminal vv)olation for any violation of the requirements of this ordinance. (B) The Heavy Use Facility Operating License may be revoked or suspended by the Fayetteville City Council after a due process hearing for an owner's, manager's, operators, employee's, or lessee's violation of any terms or limits within this ordinance or for operating the heavy use facility not in conformity with its Heavy Use Facility Operating License. C) Any owner, operator, manager or lessee e of a Heavy Use Facility shall be guilty of a criminal n if such person operates the heavy use facility in i of any of the terms of this ordinance, without a and valid Heavy Use Facility Operating License, or in i of any of the terms of his Heavy use facility ng License. (D) Each violation of the operational hour limitations or the number of explosions or the explosive force of any blasting of this Ordinance or the applicable Heavy use facility Operating License shall constitute a separate violation of this ordinance and shall be punishable by a fine of up to $500.00. §113.17: No reduction in property owner's right to sue for nuisance. Nothing in this ordinance shall be construed or used ina Court of law as evidence or a standard of conduct to determine if any heavy use facility constitutes a private or public nuisance, and this ordinance shall not act as a bar to a suit by a private citizen concerning the heavy use facility. DRAFT It) ORDINANjTfNJURY AN ORDIN CE TO PREVOR ANNOYANCE WITHIN TH CORPORATEOF FAYETTEVILLE BY REGULATING D DIRT FACILITIES SO THAT THESE FACILI ES WILLE NUISANCES WHEREAS, the City Counci\the he for red dirt mining facilities to supple, and road construction within and nearor WHEREAS, the Fayetteville City C, to experts and determined that any blasting unavoidable damaging effects upon nearby sl of Fayetteville, Arkansas recognizes the need red dirt for building construction, parking lot e limits of Fayetteville; and I has reviewed scientific evidence and listened could be used in red dirt mining could cause ces (especially homes); and WHEREAS, the Fayetteville City rouncil s also learned and determined that an operating red dirt mining facility causes vibrations, du'kt, ground upheaval, loud noises, fumes and other deleterious effects within a mile f m the red di mining facility; and WHEREAS, the Fayetteville City ouncil has also eard from citizens living near an existing and operating red dirt mining fa ility and determin¼l that unregulated blasting, dirt excavating, dump truck loading and otheij red dirt mining face 'ty activities are offensive and potentially unhealthy and dangerous to Fzyetteville citizens and amaging to their homes and city streets; WHEREAS, unless the frequencylof blasting, its distance f m houses, the hours and days of red dirt mining facility operation near residences and the red 'rt mining's dust causing activities are regulated and controlled, suca red dirt mining facility wo d constitute a nuisance to Fayetteville residents and citizens and should be abated. DRAFT 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: Chapter 113 Rock Article II Red Dirt By: PASSED and the City Council of the City of Fayetteville, Arkansas hereby enacts irries and Red Dirt Mining Fa'ities of the Code of Fayetteville, �tg Facility Operating License as/shown on the attached Exhibit A. LIONELD JORDAN, Mayor this the 151 day of By: 74 S E. SMITH, City Clerk/Treasurer EXHIBIT "A" ARTICLE II. Red Dirt Mining Fadjlity Operating License §113.11. Finding of Nuisance and Need for Abatement The City Council o the City of Fayettevil Arkansas determines and finds th t the operation of a r dirt mining facility is a nuisance to a citizens and City Fayetteville, Arkansas if operated o used other than prescribed in §113.12 and, therefore, s ould be abated the reasonable regulations required by thi ordinance. §113.12. Abatement of Nuisance (A) Rock Blasting/Use of Explosives. (1) No blasting shall be allowed within of any house within the city limits of Fayetteville. (2) No blasting explosive charge or shall exceed the most restrictive limitations within state and Washington County regulations or laws. (3) All blasting within the permitted red dirt mining facility shall only be allowed one time per month between the hours of 10:00 a.m. and 3:00 p.m. during a single weekday (non -holiday) pursuant to the Red Dirt Mining Operating License. (B) Operation of Red Dirt Mining Facility. (1) All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate during the period of 8:30 a.m. until 3:00 p.m. Monday through Friday from August 20'" through June 5'" and during the period of 8:00 a.m. until 5:30 p.m. Monday through Friday from June 6'" through August 19'". No red dirt mining facility shall be allowed to operate on a federally recognized holiday. (2) All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall be prohibited from any operations until the owner/operator of such facility has obtained a valid, annual Red Dirt Mining Operating License. This license to operate shall be issued by the Fayetteville Planning Department on a fiscal year (July 1 through June 30) schedule with no fee assessed. (C) Dust, Mud and Rock Control Measures. All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the following safeguards and measures to ensure that dust, dirt, mud, loose rock, and all other possible irritants or nuisance substances do not adversely affect Fayetteville residents. It is the express continuing duty of the licensed red dirt mining operator to ensure all of these safeguards, requirements and measures are constantly enforced. (1) Dust control measures. Water or other substances or measures must be fully effective during the operation of the red dirt mining to prevent the escape of dust from the red dirt mining facility. During any period of a week or longer when the red dirt mining facility is not operating, the operator shall take all measures necessary to ensure dust does not escape from the red dirt mining facility. (2) Dirt and mud control measures. The red dirt mining operator is required to ensure that any and all vehicles leaving the red dirt mining facility shall have all mud and dirt removed from the tires and exterior parts of the body of all vehicles prior to exiting the site onto public roads. (3) Red dirt. The red dirt mining operator is responsible to ensure that all dump trucks leaving the red dirt mining site that may utilize any city street and are carrying more than half a truck load of red dirt have their load fully and properly covered. (4) Dump truck identifying number. In order for citizens to easily and correctly identify dump trucks and their owner/operators who are servicing the red dirt mining facility, the red dirt mining operator shall require any dump truck accessing or servicing his facility to have an easy to read four digit number at least six inches high and twelve inches wide on the tail gate of the dump truck. The red dirt mining operator shall maintain an up-to-date and accurate log of the owner and operator of each numbered dump truck and shall immediately supply the owner and operator's name, address and contract information to any Fayetteville employee, official or citizen who requests such information. (5) Only dump trucks with proper identifying nurftker may be loaded. The red dirt mining operator shall not loW or permit to be loaded or permit to exit the red dirt mining cility any dump truck unless the identifying number specified'� subsection (4) is clearly legible, easy to read and not obscureq by dirt, mud or otherwise. §113.13: Julysdiction of This Ordinance. Pursuan to A.C.A. §14-54-103(1), this ordinance to abate a nuisance all be applicable to any and all red dirt mining facilities loc d within the corporate limits of Fayetteville and for on (1) mile beyond the city limits as prescribed in A.C.A. §14-2Q2-102. §113.14: Definitions (A) "Explosive forde means the amount of explosive power generated by vaPIqus types of explosive substances such as dynamite, blasting'powder, etc. (B) "Red dirt mining" means any open excavation used for obtaining red dirt or other type of soil used for paving or building purposes. (C) "House" means any habitable structure including a mobile or manufactured home, a dwelling, a residence, an apartment, a condominium, a dormitory, a hotel or motel. (D) "Operation of Red Dirt Mining Facility' means any blasting, operation of any mechanical equipment on the premises of the red dirt mining facility or any operation of dump trucks or other large vehicles on the premises of the red dirt mining site. Starting, running the engine or moving any equipment or dump truck on the premises shall constitute operation of the red dirt mining facility. However, as ong as the dust control measures remain in operation and effective, dump trucks may be driven onto the red dirt mimgg facility to park (but may not be' loaded) on the premises up gtil 5:30 p.m. during the August 20rn to June 5'" period. 1 113.15: Issuance, Suspensioft or of License. (A) Issuance. The Director d Deve Services or designee shall prepare and issue a ann Dirt Mining Facility Operating License upn application of an owner/operator of a red dirt min.i within the jurisdiction of this ordinance after ensu owner/operator will be in full compliance v requirements of this ordinance and has all other curi valid federal, state and county permits required for mining operation. (B) Suspension. The Director of Developme Services may suspend a Red Dirt Mining Facility Operati License for up to thirty (30) days for violations of the terms the license after a due process hearing. (C) Revocation. The Director of Develo Services may revoke a Red Dirt Mining Facility Opt license for repetitive, continuing, intentional, or subs violations of the requirements of this ordinance. Director of Development Services may require ad( assurances that any operator whose license has revoked will fully comply with the Red Dirt Mining F Operating License before reissuing another license. (D) Appeal. Any person whose license been suspended or revoked pursuant to this section, appeal such suspension or revocation to the City Coun providing the City Clerk's Office with a written reques City Council review within ten business days of the issu of suspension or revocation. The City Council may determine whether the red dirt mining facility owner/ope violated the requirements of the ordinance and, if AFT 0 whether suspension (up to 30 days) or revocation is appropriate for such violation. §113.16: Penalty. (A) Any owner, lessor or lessee of real property upon which is located a red dirt mining facility and any operator, manager, or employee of such red dirt mining facility shall ensure such facility is operated within the limits of this ordinance and shall be guilty of a criminal violation for any violation of the requirements of this ordinance. (B) The Red Dirt Mining Facility Operating License may be revoked or suspended by the Director of Development Services after a due process hearing for an owner's, manager's, operator's, employee's, or lessee's violation of any terms or limits within this ordinance or for operating the red dirt mining facility not in conformity with its Red Dirt Mining Facility Operating License. (C) Any owner, operator, manager, lessee or employee of a Red Dirt Mining Facility shall be guilty of a criminal violation if such person operates the red dirt mining facility in violation of any of the terms of this ordinance, without a current and valid Red Dirt Mining Facility Operating License, or in violation of any of the terms of his Red Dirt Mining Facility Operating License. (D) Each violation of the operational hour ms or the number of explosions or the explosive force blasting of this Ordinance or the applicable Red Dirt Facility Operating License shall constitute a separate p of this ordinance and shall be punishable by a fine of up §113.17: Nc reduction in property owner's rikht to sue for nuisance. Nothin in this ordinance removes or reduces a property owner's rtght to sue or seek an injunction against any owner or oper�tpr of a red dirt mining facility if such facility constitutes a rivate or public nuisance to that property owner. f+ i ORDINANCE NO. AN ORDINANCE TO PREVENT WITHIN THE CO RATE LIMI' REGULATING RED IRT MINI? THESE FACILITIES WILL NOT WHEREAS, the City Council of the CibK of for red dirt mining facilities to supply necessary c and road construction within and near the corporate 1 WHEREAS, the Fayetteville City Council determined that any blasting that could be used in damaging or nuisance effects upon nearby structures URY OR ANNOYANCE OF FAYETTEVILLE BY FACILITIES SO THAT NUISANCES :tteville, Arkansas recognizes the need for building construction, parking lot of Fayetteville; and WHEREAS, the Fayetteville City Council has h operating red dirt mining facility can cause vibrations, dust and other deleterious effects within a mile from the red dirt WHEREAS, the Fayetteville City Council has alsc existing and operating red dirt mining facility and detern excavating, dump truck loading and other red dirt mining potentially unhealthy and dangerous to Fayetteville citizens city streets; ned to experts and citizens and mining could cause unavoidable homes); and le ed and determined that an round�ipheaval, loud noises, fumes ning fa\are heard ns living near an ned thated blasting, dirt cility offensive and id datheir property and WHEREAS, unless the frequency of blasting, its dista'ce from houses, a hours and days of red dirt mining facility operation near residences and thk red dirt mining's ust causing activities are properly regulated and controlled, such a red dirt mining facility would c' nstitute a nuisance to Fayetteville residents and citizens and should be abated. DRAFT NOW, THE'EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS: Section 1: That th� City Council of the City of Fayetteville, Arkansas hereby enacts Chapter 113 Rock Quarr'I�s and Red Dirt Mining Facilities of the Code of Fayetteville, / Article II Red Dirt Mining rQcihty Operating License as shown on the attached Exhibit A. PASSED and APPROVED: By: LIONELD JORDAN, Mayor this the 15th day of September, 2009. By: 2 TTEST: E. SMITH, City Clerk/Treasurer 1 ,♦ Red Dirt Mining Facility Operating License §113.11. Finding of Nuisance a d Need for Abatement The City Council of the C\y of Fayettevil Arkansas determines and finds that the peration of a r dirt mining facility is a nuisance to the cit ens and City Fayetteville, Arkansas if operated or use other than prescribed in §113.12 and, therefore, shout be abated the reasonable regulations required by this ordjnance. §113.12. Abatement of Nuisance (A) Rock BlastinglUse of Explosives. (1) No blasting shall be allowed within of any house within the city limits of Fayetteville. (2) No blasting explosive charge or shall exceed the most restrictive limitations within state and Washington County regulations or laws. (3) All blasting within the permitted mining facility shall only be allowed one day per between the hours of 10:00 a.m. and 3:00 p.m. d single weekday (non -holiday) pursuant to the R Mining Operating License. (B) Operation of Red Dirt Mining Facility. (1) All red dirt mining facilities within I limits of Fayetteville or within one mile beyond the cit of Fayetteville shall only be allowed to operate dur period of 8:30 a.m. until 3:00 p.m. Monday through from August 20'" through June 5and during the pc 8:00 a.m. until 5:30 p.m. Monday through Friday fror 6k" through August 19'". No red dirt mining facility s allowed to operate on a federally recognized holiday. (2) All red dirt mining facilities within limits of Fayetteville or within one mile beyond the ( of Fayetteville shall be prohibited from any operati the owner/operator of such facility has obtained annual Red Dirt Mining Operating License. This Ii operate shall be issued by the Fayetteville Department on a fiscal year (July 1 through J schedule with no fee assessed. (C) Dust, Mud and Rock Control a city limits 3 the od of June ill be the operation of the red dirt mining to ensure the red dirt mining facility is in full and continual compliance with the requirements of the Arkansas Water and Air Pollution Control Act as administered by the Arkansas Department of Environmental Quality. A violation of the permit conditions required by the Arkansas Department of Environmental Quality can be grounds for a suspension or revocation of the City's Red Dirt Mining Facility Operating License. (2) Dirt and mud control measures. The red dirt mining operator is required to ensure that any and all vehicles leaving the red dirt mining facility shall have all mud and dirt removed from the tires and exterior parts of the body of all vehicles prior to exiting the site onto public roads. (3) Red dirt. The red dirt mining operator is responsible to ensure that all dump trucks leaving the red dirt mining site that may utilize any city street and are carrying more than half a truck load of red dirt have their load fully and property covered. (4) Dump truck identifying number. In order for citizens to easily and correctly identify dump trucks and their owner/operators who are servicing the red dirt mining facility, the red dirt mining operator shall require any dump truck accessing or servicing his facility to have an easy to read four digit number at least six inches high and twelve inches wide on the tail gate of the dump truck. The red dirt mining operator shall maintain an up-to-date and accurate log of the owner and operator of each numbered dump truck and shall immediately supply the owner and operator's name, address and contract information to any Fayetteville employee, official or citizen who requests such information. (5) Only dump trucks with proper identifying umber may be loaded. The red dirt mining operator shall t load or permit to be loaded or permit to exit the red dirt mi ing facility any dump truck unless the identifying number spa ified in subsection (4) is clearly legible, easy to read and not o scured by dirt, mud or otherwise. §113.13 Jurisdiction of This Ordinance. e city Pvrsuant to A.C.A. §14-54-103(1), this ordinance limits to abate a n 'sance shall be applicable to any and all red dirt until mining facilit s located within the corporate limits of valid, Fayetteville ank for one (1) mile beyond the city limits as ise to prescribed in A. .A. §14-262.102. nning a 30) §113.14: Definitions. (A) "E losive force" means the amount of explosive power gend�ated by various types of explosive substances such as dyrimite, blasting powder, etc. All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the following safeguards and measures to ensure that dust, dirt, mud, loose rock, and all other possible irritants or nuisance substances do not adversely affect Fayetteville residents. It is the express continuing duty of the licensed red dirt mining operator to ensure all of these safeguards, requirements and measures are constantly enforced. (1) Dust control measures. Water or other substances or measures must be fully effective during (B) "Red in mining" means any open excavation used for obtainI�g red dirt or other type of soil used for paving or building purposes. (C) "House" means any habitable structure including a mobile or manufactured home, a dwelling, a residence, an apartment, a condominium, a dormitory, a hotel or motel. (D) "Operation of Red Dirt Mining Facility' means any blasting, operation of any mechanical equipment 3 on the premises of the red dirt mining facility or any operation of dump trucks or\other large vehicles on the premises of the red dirt mining"aite. Starting, running the engine or moving any equipmera\or dump truck on the premises shall constitute operation of the red dirt mining facility. However, as long as the dOss control measures remain in operation and effective, duthq trucks may be driven onto the red dirt mining facility to pa but may not be loaded) on the premises up until 5:30 p.m. du ' g the August 20'" to June 5 period. 113.15: Issuance, Suspension or of License. (A) Issuance. The Director of Developme'h Services or designee shall prepare and issue an annual Red Dirt Mining Facility Operating License upon proper application of an owner/operator of a red dirt mining facility within the jurisdiction of this ordinance after ensuring the owner/operator will be in full compliance with all requirements of this ordinance and has all other current and valid federal, state and county permits required for red dirt mining operation. (B) Suspension. The Director of Developmk Services may suspend a Red Dirt Mining Facility Operati License for up to thirty (30) days for violations of the terms the license after a due process hearing. (C) Revocation. The Director of Develc Services may revoke a Red Dirt Mining Facility Opr license for repetitive, continuing, intentional, or subs violations of the requirements of this ordinance. Director of Development Services may require adi assurances that any operator whose license has revoked will fully comply with the Red Dirt Mining F Operating License before reissuing another license. (D) Appeal. Any person whose licen a has been suspended or revoked pursuant to this sectiqi, may appeal such suspension or revocation to the City Co ncil by providing the City Clerk's Office with a written recijiest for City Council review within ten business days of the ' suance of suspension or revocation. The City Council ray then determine whether the red dirt mining facility owne operator 4 violated the requirements of the ordinance and, if so, whether suspension (up to 30 days) or revocation is appropriate for such violation. §113.16: Penalty. (A) Any owner, lessor or lessee of real property upon which is located a red dirt mining facility and any operator, manager, or employee of such red dirt mining facility shall ensure such facility is operated within the limits of this ordinance and shall be guilty of a criminal violation for any violation of the requirements of this ordinance. (B) The Red Dirt Mining Facility Operating License may be revoked or suspended by the Director of Development Services after a due process hearing for an owner's, manager's, operators, employee's, or lessee's violation of any terms or limits within this ordinance or for operating the red dirt mining facility not in conformity with its ,Red Dirt Mining Facility Operating License. (C) Any owner, operator, manager, lessee or emp ee of a Red Dirt Mining Facility shall be guilty of a crimina violation if such person operates the red dirt mining facility in violation of any of the terms of this ordinance, without a urrent and valid Red Dirt Mining Facility Operating Li nse, or in violation of any of the terms of his Red Dirt Minin acility Operating License. (D) E�h violation of the operational hour limitations or the nu er of explosions or the explosive force of any blasting of this rdinance or the applicable Red Dirt Mining Facility Operatin License shall constitute a separate violation of this ordinan and shall be punishable by a fine of up to $500.00. §113.17: No reduction in ��operty owner's right to sue for nthgance. Nothing in this ordinanceemoves or reduces a property owner's right to sue or seek\n injunction against any owner or operator of a red dirt m ing facility if such facility constitutes a private or public uisance to that property owner. HUGH JARRATT* ATTORNEY AT L A W 1 2 0 0 EAST JOYCE BLVD., 6TH FLOOR F A Y E T T E V I L L E, ARKANSAS 7 2 7 0 3 TELEPHONE 479.521.6686/FACSIMILE 479.527.8833 • Licensed in Arkansas, Oklahoma & Missouri October 13, 2009 Mr. Kit Williams Fayetteville City Attorney 113 West Mountain Street Fayetteville, AR 72701 RE: Red Dirt Mining Ordinance Dear Mr. Williams: When the Red Dirt Mining Ordinance was first drafted in an effort to abate an alleged nuisance, the ordinance addressed the strength of blasting used in Red Dirt Mining Facilities, dust from the mining operations, fumes from mining operations, and noise created by the mining operations. However, it appears that the City is pre-empted by State regulations on those issues with the exception of noise and the time blasting is allowed. It has become apparent from the public meetings held by the City Council and Ordinance Review Committee that there are two separate issues regarding Red Dirt Mining Facilities which can be addressed by the City of Fayetteville: (1) The timing of blasting that may be done by the Red Dirt Mining Facilities, and (2) the noise created by the Red Dirt Mining Facilities. From listening at the public meetings, it appears that limiting the timing of blasting to the hours between 10:30 a.m. and 3:30 p.m. has met with general agreement from the various parties involved in this discussion. The remaining issue is the noise created by the Red Dirt Mining Facilities which, it is claimed, annoys Fayetteville citizens. If the red dirt mining facilities can operate in a manner which does not create undue annoyance to the citizens of Fayetteville, the annoyance would be dealt with, and the City would require no further steps in the regulation of these businesses. The proposed ordinance sets out certain times which the Red Dirt Mining Facilities may operate, and another more restrictive time frame during which the Red Dirt Mining Facilities may operate but must not perform certain alleged noisy operations. The limitation of the hours of operation of the Red Dirt Mining Facilities seems to be an arbitrary regulation which would not necessarily deal with alleged problems that have been claimed by certain individuals, some of whom are Fayetteville residents many of whom are not Fayetteville residents. Mr. Kit Williams — 2— October 13, 2009 Pursuant to Arkansas Code Section 14-54-103(1), the City has authority to "prevent injury or annoyance within the limits of the municipal corporation from anything dangerous, offensive, or unhealthy and cause any nuisance to be abated..." I request that comments related to this ordinance be limited to the residents of the City of Fayetteville. Any comments from individuals outside the corporate limits of the City of Fayetteville should be excluded so that the City Council is not unduly influenced by individuals who have no standing pursuant to Arkansas law. Under Arkansas law, the City of Fayetteville has certain regulatory power to "abate a nuisance" that is within the jurisdiction of its Board of Health. That jurisdiction is up to one (I) mile from the city limits or one half the distance to the nearest neighboring city limits, whichever is farther. The alleged nuisance in this case is the timing of the blasts used in red dirt mining operations and the alleged noise created by operating Red Dirt Mining Facilities, if Red Dirt Mining Facilities operate in a manner in which blasting and noise do not rise to the level of a "nuisance" the need to restrict the hours of operation of the Red Dirt Mining Facilities goes away. I propose that the City of Fayetteville give the Red Dirt Mining Facilities sixty (60) days during which time those facilities can address any potential noise issues which may annoy Fayetteville citizens. At the end of that sixty (60) day period, the City Council can reassess the actual impact the Red Dirt Mining Facilities have on Fayetteville citizens. The limitation on hours of operation does nothing but hurt the Red Dirt Mining Facility, and if those facilities can operate in the manner described above, the Red Dirt Mining Facilities should not be subject to arbitrary restrictions on their hours of operation. In this letter I have not addressed the dump truck numbering portions of the ordinance. I would like to separate the dump truck numbering requirements from the actual operations of the Red Dirt Mining Facility, and address those two issues individually. Stephens Red Dirt Farm has no objections to requiring its trucks and trucks contracted with Stephens Red Dirt Farm to have the numbers required by the ordinance so long as all vehicles requiring a Commercial Drivers License which operate within the jurisdiction of the City of Fayetteville are required to have the same numbering system. Attached to this letter, please find a coversheet with detailed weather information, along with a coversheet with detailed real estate records. If you have any questions of if I can help in any way, please let me know. Thank you. Sin e , ug att Att ey at Law Memo To: The City of Fayetteville From: Hugh Jarratt, Attorney at Law Date: 10/13/2009 Re: Red Dirt Mining Ordinance Attached please find detailed weather information for the Fayetteville area. These measurements were taken at Drake Field. As shown by this data, as of October 11 there have been 63 days with rainfall greater than one -tenth (1/10"') of an inch, 31 days with rainfall greater than one-half (1/2) an inch and ten days with rainfall greater than one (1) inch. After discussing this information with the managers of the Red Dirt Mining Facility, every day with one (1) inch of an inch of rain or greater the Red Dirt Operator loses two (2) days of work. For every day with half (1/2) an inch of rain the Red Dirt Operator loses on average 1.5 days of work. Therefore, as of October 11, the Red Dirt Operator has lost 51.5 days of work. If you have any questions, please call. Jarratt 79) 521-6686 Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6formphp?siteName=Drake_Field_Fa... STATION: FAYETTEVILLE ARKANSAS MONTH: JANUARY YEAR: 2009 LATITUDE: 36 O N LONGITUDE: 94 10 M TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PI( WND .........L.v........................a..uvvv.........".v..... 0............ 1 2 3 4 5 6A 6B 7 8 9 10 11 12 13 31 15 16 1l 18 121 AVG HK 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW DPTH SPD SPO DIR MIN PSBL S -S WX SPD DR .......................................................v....................... 1 50 22 36 2 29 0 0.00 0.0 M 6.8 20 180 M M M 24 170 2 59 23 11 7 24 0 0.00 0-0 M 4.3 I6 l70 M M M 1 21 170 3 74 45 60 26 5 0 T M M 13.6 26 190 H M M 33 180 4 45 26 36 2 29 00-00 0.0 M 9.6 18 340 M M H I0 23 340 5 35 26 31 -3 34 0 0.01 M M 4.6 13 50 M H MU 16 50 6 44 29 37 320 0 0.00 0.0 M 6.4 14 300 M M. M 1 17 300 7 51 29 40 6 25 0 T H M 0.3 17 250 M M H 23 230 B 57 26 12 8 23 0 0.00 0.0 H 2.9 17 270 M M M. 22 270 9 59 31 45 11 20 0 0.05 H M 10.0 22 180 M M M 1 29200 10 56 18 37 3 28 0 T M M 10.0 24 300 M M M IB 28 300 11 50 16 33 -1 32 0 0.00 0.0 M 4.3 13 300 M M M 10 15 290 12 56 26 12 8 23 0 0.00 0.0 H 11.5 29 210 H M H 35 210 13 34 15 25 -9 40 0 0.00 0.0 H B.9 25 330 M H H8 29 340 14 49 20 35 1 30 0 0.00 0.0 M 11.9 23 220 M M M 29 230 15 20 12 16 -18 49 0 0.00 0.0 M 6.7 13 340 H M M 15 340 16 31 11 21 -13 44 0 0.00 0.0 M 0.9 18 210 M M H 22 220 17 54 25 40 6 25 0 0.00 0.0 M 10.8 24 210 M M ?1 30 220 18 51 22 37 320 0 0.00 0.0 H 6.8 18 300 M M M 25 290 19 49 28 39 5 26 0 0.00 0.0 M 10.6 21 330 M H M 25 340 20 35 18 27 -7 36 0 0.00 0.0 M 9.4 24 340 H M M 30 340 21 51 15 33 -1 32 0 0.00 0.0 H 6.5 21 210 H M M 25 250 22 69 18 14 10 21 0 0.00 0.0 N 4.2 16 200 H H M 21 190 • 23 59 33 46 12 19 0 0.00 0.0 M 6.3 16 10 M N H 22 10 24 35 22 29 -5 36 0 0.00 0.0 M 7.5 15 10 H M M 21 10 25 31 25 30 -5 35 0 0.00 0.0 H 4.0 9 50 M M H 12 60 26 31 26 29 -6 36 0 0.55 M M 5.1 13 50 M M 1118 16 60 27 M H M M M M M M H M M M H M M NH 28 M M M M M M M M H M H M M H M M H 29 M M M M M M M M M M M M M H M M M 30 M M M M M M H M M M M M M M M M M 31 M M M M H M H M M H M M M M M M M .......v.....a................................................. va............ SH 1240 607 759 0 0.61 0.0 202.5 H M .............................................................0............i.... AV 17.7 23.3 7.8 FASTST H M 0 MAX(MPH) MISC ----> 4 29 210 0 35 210 NOTES: N LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.N. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (MS FORM: F-6( , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH; JANUARY YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W (TEMPERATURE DATA( [PRECIPITATION DATA) SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 35.5 TOTAL FOR MONTH: 0.61 1 - FOG OR MIST DPTR FM NORMAL: 1.2 DPTR FM NORMAL: -1.53 2 - FOG REDUCING VISIBILITY HIGHEST: 74 ON 3 GRIST 24HR 1.01 ON 26-27 TO 1/4 MILE OR LESS LOWEST: 11 ON 16 3 • THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH; 0.0 INCH 5 - (JAIL GRIST 24HR 0.0 6 a FREEZING RAIN OR DRIZZLE GRIST DEPTH: M ON M 7 - DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 0 • SMOKE OR HAZE [NO. OF DAYS WITH( (WEATHER - DAYS WITH) 9 - BLOWING SNOW X - TORNADO MAX 32 OR BELOW: 3 0.01 INCH OR MORE: 3 MAX 90 0R ABOVE: 0 0.10 INCH OR MORE: 1 MIN 32 OR BELOW: 24 0.50 INCH OR MORE: 1 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 0 [HOD (BASE 65) 1 TOTAL THIS NO. 159 CLEAR (SCALE 0-31 0 DPTR FM NORMAL -194 PTCLDY (SCALE 4-71 0 TOTAL FM JUL 1 2470 CLOUDY (SCALE 8-10) 0 DPTR FM NORMAL -122 (CDD (BASE 65) 1 TOTAL THIS MO, 0 DPTR M NORMAL 0 (PRESSURE DATA) TOTAL M JAN 1 0 HIGHEST SLP M ON H DPTR M NORMAL 0 LOWEST SLP 29.52 ON 6 10/12/2009 8:16 AM I of 1 Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/%formphp?siteName=Drake_Field_Fa... STATION; FAYETTEVILLE ARKANSAS MONTH: FEBRUARY YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK 1'IND .........eses......c..---t*-s....................=............= ...........a... 1 2 3 4 5 6A 6B 7 8 9 10 11 12 13 14 15 16 11 10 12Z AVG MX ZNIN DY MAX MIN AVG DEP HOD CUD WTR SNW OPIN SPD SPD DIR MIN PSBL S-5 WX SPD DR ................................................................................ 1 M H M M H M M M M M M M M M M NM 2 M M M M H M M M M M M M M M M NH 3 35 20 28 -9 31 0000 M M M 27 330 M M M 20 340 4 41 12 27 -10 38 0 0.00 0.0 M 1.3 9 110 M H H 12 190 $ 59 20 40 3 25 0 0.00 0.0 M 12.6 24 200 M M M 31 210 6 64 49 57 20 0 00.00 0.0 M 16.8 30 190 M H M 41 200 7 66 58 62 24 3 0000 0.0 M 13.7 24 190 H H H 30 200 8 69 52 61 23 4 0 0.00 0.0 H 8.7 20 160 M M M 26 170 9 62 50 56 18 9 0025 0.0 H 16.1 30 160 M M M 1 39 170 10 67 49 58 20 7 0 0.83 M M 9,7 28 310 M M M136 35 310 11 51 31 41 2 24 0 0.48 M H 9.0 28 240 M 14 M 13 33 230 12 63 28 46 7 19 0 0.00 0.0 M 4.3 12 200 M M M 1 14 160 13 61 34 48 9 17 0 0.00 0.0 M 7.4 23 160 M M M 31 160 14 49 33 41 1 24 0003 M H 8.2 17 330 M M M 23 330 15 40 23 32 -8 33 0 0.06 M H J.9 12 60 H M M 128 14 10 16 51 22 37 -3 28 0 0.00 0.0 H 5.7 18 180 H H MI? 24 170 17 57 40 49 9 16 0 0.07 H M 14.9 26 190 M M MIS 33 190 18 59 30 45 4 20 0 0.00 0.0 M 11.7 21 2210 M H M 28 310 19 41 23 32 -9 33 0000 0.0 M 8.4 11 330 M M M 22 300 2D 61 23 42 1 23 0 0.00 0.0 M 12.4 22 190 H M M 26 210 21 51 25 38 -3 27 0 0.00 0.0 M 11.4 26 320 M M M 30 320 22 47 18 33 -9 32 0 0.00 0.0 H 2.2 12 330 M M M 14 330 23 53 21 31 -5 28 0 0.00 0.0 H 5.0 16 190 H H M 20 180 24 53 42 48 6 11 0 0.00 0.0 M 9.8 20 160 M M M 26 160 25 69 36 53 10 12 00,00 0.0 M 4.6 15 180 H M M 1 17 190 26 73 49 61 18 4 0 0.17 H M 15.8 30 270 H M M 130 41 260 27 53 33 43 0 22 0 0.04 M H 8.917 50 M M M 18 24 40 28 36 18 27 -17 30 0 0.08 M M 12.9 23 330 M H M 18 28 320 SM 1431 839 548 0 2.01 0.0 236.2 H M .............................:...................e...1.. --- 1iv 55.0 32.3 9.4 FASTST M H 0 MAX(MPH) MISC ----> 4 30 190 0 41 200 ..............=-=--.........a......................1.......v.................... NOTES: 4 LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: FEBRUARY YEAR: 2009 LATITUDE; 36 0 N LONGITUDE: 94 10 W [TEMPERATURE DATA] [PRECIPITATION DATA[ SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 43.7 TOTAL FOR MONTH: 2.01 1 = FOG OR MIST DPTR FM NORMAL: 4.0 DPTR FM NORMAL: -0.40 2 - FOG REDUCING VISIBILITY HIGHEST: 73 ON 26 GRIST 24HR 1.31 ON 10-11 TO 1/4 MILE OR LESS LOWEST: 12 ON 4 3 - THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - HAIL GRIST 24HR 0.0 6 - FREEZING PAIN OR DRIZZLE GRIST DEPTH: M ON M 7 . DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 - SMOKE OR HAZE (NO. OF DAYS WITH) (WEATHER - DAYS WITH) 9 - BLOWING SNOW X - TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 9 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 4 MIN 32 OR BELOW: 14 0.50 INCH OR MORE: 1 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 0 [HDD (BASE 65) I TOTAL THIS MO. 540 CLEAR (SCALE 0-31 0 DPTR FM NORMAL -162 PTCLDY (SCALE 4-7) 0 TOTAL FM JUL 1 3018 CLOUDY (SCALE 8-101 0 DPTR FM NORMAL -284 (CDD (BASE 65) I TOTAL THIS MO. 0 DPTR FM NORMAL 0 (PRESSURE DATA) TOTAL FM JAN 1 0 HIGHEST 5LP 30.64 ON 4 DPTR PM NORMAL 0 LOWEST SLP 29.50 ON 11 1 of l 10/12/2009 8:17 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteName=Drake_Field_Fa... STATION: FAYETTEVILLE ARKANSAS MONTH: MARCH YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND .................v.e....:..s.x....n.n....=............:..................n.... .. 1 2 3 4 5 6A 6B 7 B 9 10 11 12 13 14 15 16 17 18 12Z AVG MX 2MIN DY MAX MIN AVG DEP HDD CDD WTR SNW OPTN SPD SPD DIR MIN PSBL S -S WX SPD DR ............................................................................. u. 1 37 13 25 -19 40 0 0.00 0.0 M 7.6 11 340 M M M 22 330 2 49 10 34 -10 31 0 0.00 0.0 M 3.6 9 120 M H H 10 120 3 48 29 39 -5 26 0 0.00 0.0 H 8.5 17 180 M M M 21 140 4 63 37 50 5 15 0 0.00 0.0 M 10.2 20 180 M M MB 23 190 5 73 55 64 19 1 0 0.00 0.0 H 19.9 30 190 M H M 38 190 6 00 62 71 26 0 6 0.00 0.0 H 14.0 23 210 M M M 30 170 7 71 62 67 21 0 2 0.00 0.0 M 17.1 32 200 M M M 40 200 9 68 36 52 6 13 0 0.01 M M 12.1 31 270 M M M 41 290 9 75 33 54 8 11 0 0.00 0.0 M 10.2 23 180 M M MO 28 170 10 76 37 57 11 8 0 0.14 M M 15.5 28 330 H M Ml 32 330 11 43 32 38 -9 27 0 T M M 9.1 17 60 M H M 22 60 12 39 31 35 -12 30 00.09 H M 8.1 16 80 M M H 20 10 13 47 34 41 -6 24 00.00 0.0 H 6.9 14 40 M H M 17 40 14 48 39 44 -4 21 00.10 H M 3.9 9 60 H K M 18 13 40 15 59 38 49 1 16 0 0.00 0.0 H 4.0 13 200 H M M 1B 15 190 16 12 35 54 6 11 0 0.00 0.0 M 1.9 8200 M M M 12 10 240 17 18 35 57 8 8 0 0.00 0.0 M 6.6 16 200 H M M 1 23 190 18 79 45 62 13 3 0 0.00 0.0 M 6.7 21 200 M H H 25 210 19 60 49 55 6 10 0 0.02 M M 8.3 18 70 M M H3 24 70 20 64 38 51 2 14 0 0.40 H H 7.0 17 180 H 4 M 13 20 180 21 51 45 51 1 14 00.94 M M 5.6 16 180 M M M 13 18 110 22 73 44 59 9 6 0 0.00 0.0 M 11.5 22 180 M H M 26 150 23 71 61 66 16 0 1 T 0.0 M 20.3 32 160 M M M 3 47 140 24 67 42 55 4 10 0 0.99 M M 13.2 35 240 M M M 123 49 260 25 58 33 46 -5 19 0 1 M M 3.8 16 260 H H M 18260 26 68 35 52 1 13 0 0.13 M M 4.3 22 120 M H M 12 2B 110 27 62 47 55 3 10 0 0.59 M M 9.6 22 70 M M M 13 26 70 28 53 32 43 -9 22 0 0.28 M M 13.3 21 300 M M M 1 28 290 29 59 30 45 -7 20 0 0.00 0.0 M 6.0 16 300 M M M 22 140 30 66 52 59 6 6 0 0.23 0.0 H 16.6 31 170 M H M 13 39 110 31 53 33 43 -10 22 0 0.09 H M 11.1 25 270 M M 1413 32 280 ................................................................................ SM 1916 1212 451 9 4.01 0.0 296.7 M H AV 61.8 39.1 9.6 FASTST M M 0 HAX(MPH) MISC ----> Y 35 240 0 49 260 ................................................................................ NOTES: 0 LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA IWS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: MARCH YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W (TEMPERATURE DATA] (PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 50.5 TOTAL FOR MONTH: 4.01 1 - FOG OR MIST DPTR FM NORMAL: 2.2 DPTR FM NORMAL: -0.16 2 - FOG REDUCING VISIBILITY HIGHEST: 80 ON 6 GRIST 24HR 0.99 ON 24-24 TO 1/4 MILE OR LESS LOWEST: 13 ON 1 3 - THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - HAIL GRIST 24HR 0.0 6 - FREEZING RAIN OR DRIZZLE GRTST DEPTH: M ON M 7 - DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 - SMOKE OR HAZE (NO. OF DAYS WITH) [WEATHER - DAYS WITH] 9 = BLOWING SNOW X - TORNADO MAX 32 OR BELOW: 0 0.01 INCH OP MORE: 13 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 9 MIN 32 OR BELOW: 7 0.50 INCH OR MORE: 3 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: O [HDD (BASE 65) 1 TOTAL THIS 140. 451 CLEAR (SCALE 0-31 0 DPTR FM NORMAL -69 PTCLDY (SCALE 4-7) 0 TOTAL FM JUL 1 3469 CLOUDY (SCALE 8-10) 0 DPTR FM NORMAL -353 [CDD (BASE 651 1 TOTAL THIS MO. 9 DPTR FM NORMAL 9 [PRESSURE DATA] TOTAL FM JAN 1 9 HIGHEST SLP 30.58 ON 1 DPTR FN NORMAL 9 LOWEST SLP 29.38 ON 26 Loll 10/12/2009 8:15 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteName=Drake_Field_Fa... STATION: FAYETTEVILLE ARKANSAS MONTH: APRIL YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN; SNOW: MIND :SUNSHINE: SKY :PK WND 1 2 J 4 5 6A 68 7 B 9 10 11 12 13 14 15 16 17 18 121 AVG MX 2MIN DY MAX MIN AVG DER NDD CDD WTR SNW DPTH SPD SPD DIR MIN PSBL S -S WX SPD DR ......................................„....-................................... 1 67 30 19 -4 16 0 0.00 0.0 M 11.2 29 180 M M M 37 150 2 61 39 52 -2 13 0 0.20 M M 9.6 24 310 M M M 1 30 310 3 66 26 47 -7 18 0 0.00 0.0 H 4.7 15 180 M H M 12 17 170 4 74 52 63 9 2 0 0.00 0.0 H 14.6 30 170 M M M 37 160 5 64 37 51 -3 14 0 0.11 K M 16.7 29 300 M M M 13 36 310 6 45 30 38 -17 2l 0 0.00 0.0 M 16.5 29 330 M M M 35 330 7 56 26 41 -14 24 0 0.00 0.0 M 7.8 17 230 M M M 22 260 6 73 35 54 -1 11 0 0.00 0.0 M 4.7 13 220 M H M 16 220 9 68 46 57 1 0 0 0.50 H M 11.0 31 160 M M M 1 40 240 10 58 34 46 -10 19 0 0.15 M M 12.5 25 260 M M ML 32 280 11 67 29 40 -8 11 0 0.00 0.0 H 4.7 13 60 M M M 12 1650 12 55 44 50 -6 15 0 1.54 M M 8.3 30 9O M H M 13 39 80 13 48 41 45 -12 20 0 0.02 M M 6.9 17 300 H H M 1 22 280 14 63 34 49 -8 16 0 0.00 0.0 M 5.1 11 340 H M M 1 .22 310 15 73 34 54 -3 11 0 0.00 0.0 M 2.9 12 120 M M Ml 15 110 16 71 46 59 1 6 0 0.00 0.0 H 7.2 15 70 H M M 20 90 17 7l 46 59 1 6 0 T M M 0.0 22 190 M M M 18 26 190 18 67 52 60 2 5 0 0.21 0.0 M 8.8 31 300 M M M 13 39 30D 19 61 50 56 -2 9 0 0.32 0.0 M 9.2 25 320 M M M 1 32 320 20 72 37 55 -4 10 0 0.00 0.0 M 8.1 22 340 M M H 29 230 21 66 42 55 -4 10 00.00 0.0 M 6.0 18 340 M M M 23 330 22 86 47 67 8 0 2 0.00 0.0 M 5.4 13 230 M M M 16 230 23 85 60 13 13 0 B 0.00 0.0 H 16.1 29 200 M M M 36 190 24 80 63 72 12 0 7 T 0.0 M 11.4 29 180 M M M 30 170 25 79 65 12 12 0 70.00 0.0 M 15.9 30 180 M M M 35 190 26 80 67 74 14 0 9 0.00 M M 16.2 26 160 M M M 37 150 27 71 57 64 3 1 0 0.06 0.0 M 11.5 20 170 H H N 123 38 160 28 76 57 67 6 0 2 0.00 0.0 M 3.4 9 70 M M M 1 14 340 29 74 57 66 5 0 1 0.30 0.0 M 8.1 25 130 M H M 33 37 130 30 69 57 63 2 2 0014 0.0 M 5.3 20 220 M M M 1 25 220 SM 2051 1342 280 36 3.61 0.0 267.2 M M ................................................................................ AV 68.4 44,7 9.6 FASTS? M M 0 MAX(MPH) RISC ----> M 31 160 440 240 .....................................................................:.......... NOTES: * LAST or SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN H.P.N. PRELIMINARY LOCAL CLIMATOLOGICAL DATA IWS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: APRIL YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W [TEMPERATURE DATA] (PRECIPITATION DATA[ SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 56.6 TOTAL FOR MONTH: 3.61 1 - FOG OR MIST DPTR FM NORMAL: -0.8 DPTR FM NORMAL: -0.72 2 • FOG REDUCING VISIBILITY HIGHEST: 86 ON 22 GRIST 24HR 1.54 ON 12-12 TO 1/4 MILE OR LESS LOWEST: 26 ON 7 3 - THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - HAIL GRTST 24HR 0.0 6 - FREEZING RAIN OR DRIZZLE GRIST DEPTH; H ON M 7 - DUSTSTORH OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 - SMOKE OR HAZE (NO. OF DAYS WITH] [WEATHER - DAYS WITH) 9 . BLOWING SNOW • X - TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 11 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 9 MIN 32 OR BELOW: 5 0.50 INCH OR MORE: 2 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: I [HDD {BABE 651 1 TOTAL THIS MO. 280 CLEAR (SCALE 0-3) 0 DPTR FM NORMAL 34 PTCLDY (SCALE 4-7) 0 TOTAL FM JUL 1 3719 CLOUDY (SCALE 0-10) 0 DPTR FM NORMAL -319 (CDD (BASE 65) I TOTAL THIS MO. 36 DPTR FM NORMAL 19 (PRESSURE DATA) TOTAL FM JAN 1 45 HIGHEST SLP 30.27 ON I1 DPTR FM NORMAL 28 LOWEST SLP 29.31 ON 2 lofI 10/12/2009 8:18 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteName=Drake_FieId_Fa... STATION: FAYETTEVILLE ARKANSAS MONTH: MAY YEAR: 2009 LATITUDE: 36 0 H LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND a.aaa..cc-.aa caccacca....ay..... e a...a-a..va.cuc.-..a.a.vaa.... ..a.a-v c I 2 3 1 5 6A 6B 7 8 9 10 11 Z; l2 13 14 15 16 II 10 12Z AVG MX 2MWN DY MAX MIN AVG DEP HOD COD WTR SNW DPTH SPD SPD DIP MIN PSOL $-S WX SPD DR . as.....aa......a:......:a e..a.........................aa..alo ............. 1 71 54 63 1 2 0 0.73 0.0 M 6.3 22 310 M M M 13 26 330 2 57 51 54 -8 11 0 D.40 0.0 H 6.5 23 90 M M M 13 28 90 3 57 52 55 -7 10 0 0.71 0.0 M 5.4 14 280 M M K13 17 70 1 60 50 55 -7 10 0 0.04 0.0 H 3.1 9 80 M H Ml 13W 5 64 51 58 -5 1 O1.) 0.0 H 2.7 17 140 M M M 123 22 150 6 76 58 67 4 0 2 0.65 0.0 H 3.8 13 270 M M 1413 20 240 1 83 53 68 5 0 30.00 0.0 M 4.9 18 200 4 M MU 23 190 6 74 62 69 5 0 30.94 0.0 M 4.2 2D 190 M M H13 29 180 9 69 59 64 0 1 00.05 0.0 M 3.3 10 340 H M MU 16 60 10 64 52 58 -6 1 0 0.11 0.0 M 5.815 70 H M M 1 24 40 11 68 49 59 -5 6 0 0.00 0.0 M 5.9 14 180 M M M 1670 12 71 51 63 -1 2 00.83 0.0 M 7.8 25 340 M M M 13 36 330 13 B3 63 73 B 0 8 0.39 0.0 M 16.2 31 190 M M M 13 39 180 14 76 61 69 4 0 4 0.08 0.0 M 2.8 15 210 M M M 13 19 210 15 83 59 71 6 0 60.23 0.0 M 8.5 36 330 M H M 13 40 340 16 66 50 58 -7 7 00.o8 0.0 M 6.3 20 350 N M M3 25 350 17 61 44 56 -10 9 0 0.00 0.0 H 3.4 16 80 M H M 22 70 18 75 40 58-8 7 0 0.00 0.0 M 1.1 10 180 N M M 13 ISO 19 81 45 63 -3 2 0 0.00 0.0 M 2.5180 12 H H M 170 15 20 78 45 62 -5 3 0 0.00 0.0 M 3.3 15 190 M H M 20 180 21 82 50 66 -1 0 1 0.00 0.0 M 2.2 14 140 H H M IB 150 22 B4 53 69 2 0 4 0.00 0.0 M 2.9 14 70 M H Ml 10 100 23 01 57 69 2 0 40.66 0.0 M 3.1 28 100 M M M 13 36110 24 72 61 67 -1 0 2 0.20 0.0 H 3.9 12 50 M M M 12 1750 25 75 64 70 2 0 5 0.43 0.0 M 6.3 11 320 M H NIB 21 230 26 79 62 71 3 0 6 0.01 0.0 M 5.9 15 230 M H M 1 21 220 27 69 50 64 -4 1 0 0.02 0.0 M 6.7 16 290 M M HIS 22 280 20 65 52 59 -10 6 0 0.00 0.0 H 4.6 12 330 H M M 12 15 320 29 01 50 66 -3 0 1 0.01 0.0 M 3.3 12 330 H H M 12 15 350 30 85 53 69 0 0 4 0.00 0.0 M 5.4 14 240 M M H 18 260 31 86 51 10 0 0 5 0.00 0.0 M 4.4 15 180 M M M 18 170 ...........aa..........................+...........-.-...-........--....._...... SM 1262 1666 91 56 ].95 0.0 152.5 H M ...........a....aa„......: ..........................................a........ AV 73.6 53.7 4.9 FASTST M M 0 MAX(MPHI MISC ----> 9180 12 1170 15 ............a...aa...a......a ... ...........a.........................a......... NOTES: 4 LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.N. PRELIMINARY LOCAL CLIMATOLOGICAL DATA INS FORM: F-6) . PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: MAY YEAR; 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W (TEMPERATURE DATAI (PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 63.7 TOTAL FOR MONTH: 7.95 1 • FOG OR MIST DPTR FM NORMAL: -1.8 DPTR PM NORMAL: 2.89 2 • FOG REDUCING VISIBILITY HIGHEST: 86 ON 31 GRIST 24HR 2.03 ON 5- 6 TO 1/4 MILE OR LESS LOWEST: 40 ON 18 3 a THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 • HAIL GRIST 24HR 0.0 6 • FREEZING RAIN OR DRIZZLE GRTST DEPTH: M ON 4 7 - DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 - SMOKE OR HAZE (NO. OF DAYS WITH) (WEATHER - DAYS WITH) 9 - BLOWING SNOW K • TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 20 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 13 MIN 32 CR BELOW: 0 0.50 INCH OR MORE: 7 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: I (HOD (BASE 65) I TOTAL THIS M0. 91 CLEAR [SCALE 0-3) 0 DPTR FM NORMAL 1 PTCLOY (SCALE 4-71 0 TOTAL FM JUL I 3040 CLOUDY (SCALE 0-10) 0 DPTR FM NORMAL -318 (COD (BASE 651 1 TOTAL THIS MO. 58 DPTR FM NORMAL -45 (PRESSURE DATA] TOTAL FM JAN 1 103 HIGHEST SLP 30.36 ON 11 DPTR FM NORMAL -17 LOWEST SLP 29.59 ON B I of I 10/12/2009 8:18 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteNaiiic=Drake_Field_Fa... :i IAT:ON: FFYETTE'C LE APKADSAS HONTN: DONE ":EAR: 2995 LATITUDE: 36 0 N SANG i'FUDE: 94 I0 W :'EMPERAP:R! IN F: : PC PN: SNOW: WIND :SUNSHINE : SKY :PK W!i9 .____ ...........................-.........................:...................-.. I 1- 3 4 5 6A 6B % 9 9 L•3 it i. 13 14 15 :6 11 is 12Z AVG M% 2MI5 UY MAX 1419 AVG DEP H00 CDD WTR 5MW DPTK SPD SPD LIP MFN PSEL S -S i4X SPO DR ............................................................- ...................-.. R5 59 72 2 0 % O.OG 0.0 M 6.9 20 `_a0 M H H 26 190 2 %2 59 71 0 €0.00 0.0 K 4.3 :' i.'.O H M H 1 21 130 3 ;1 60 66 -5 3 I C.23 9.0 H 6.9 16 340 H H H133 20 50 4 75 53 64 -. 1 0 9.00 0.0 H 5.? 17 50 4 H M 25 50 5 79 49 E4 -7 1 A 0.00 0.0 M2. 9 -GO H H Ml 13 80 6 50 54 61 -4 0 23.00 !•.0 M 7.: I9 L70 H :4 H 26 1170 7 84 50 16 4 0 1: 0. 09 0.0 H II.5 22 1190 :4 M M 29 173 64 66 75 3 0 £0 T 0.0 H 7.4 2I 189 M 4 H 26 190 9 66 65 76 4 C 1: 0.33 0.0 Y..026339 26 339 R t4 H I3 43330 iO 65 64 75 3 0 10 G.29 0.0 M 7. ?i 21D H 4 MU ?6 270 :1 8160 71-2 0 6C.00 0.0 M 4.9 15 230 M H M 1 23 250 12 80 60 10 -3 0 S0.'4 0.0 H !.7 ]2 320 M M 4:23 4)1O 13 97 63 "5 2 G !C 0.GO n.0 H 2.3 4 100 M H 4 123 iJ 60 !4 77 67 12 -i 0 7 0.81 0.0 M 3.5 30 230 H H H 13 41 230 L5 50 619 7P 4 0 13 0.00 0.0 H 8.0 21 160 H H MI 26 170 IF. E7 66 77 3 0 12 0.04 0.0 H 9.3 30 320 H M M .3 41310 11 8970 83 6 0 15 0.00 0.0 M 6.9 21 15' H H M1 25200 18 85 69 79 5 0 14 0.00 0.0 4 a.e 21 190 H H H 25 200 19 SP 73 9! 6 0 !6 8.09 0.0 H 10.5 23 210 M H 14 31 213 20 99 10 50 5 0 15 0.00 0.0 H 7.0 20 210 H H H 24 190 21 90 69 60 5 0 15 0.00 0.0 K 6.9 20 190 M M MIS 241% 22 93 69 61 6 0 160.00 0.0 H 4.4 15. 213 H H 1418 18230 23 94 70 52 6 0 3' 0.00 0.0 M i.9 10 10 M H H 13 10 24 56 69 E3 7 0 18 0.00 0.0 M 1.4 13 230 M H M 15 230 25 94 70 d2 6 0 1C.06 0.0 M 2.9 24 220 H H H 33 2'20 26 95 70 93 7 0 180.00 0.0 :4 3.2 930 M H Ml 12 270 27 95 7183 7 0 19 0.00 0.0 M 3.5 13 260 H H Ml 15 250 28 81 64 76 -1 0 !0.'JO 3.0 H 3.S13 50 14 M Ml 20 50 29 51 59 75 -2 0 130,0O 0.0 M 2.9 9 310 M M H 13 300 20 92 65 79 2 0 110.00 0.0 M 6.1 20 220 M M H 26 270 SM 2552 1535 2 ]25 2.53 0.0 :F,6.5 M M .....n.........s........vu....a ...........e.......c..a,...a.........n. A! 86.4 69.6 5.5 FASTST H M 9 MA%1HPH3 MISC ----> 4 32 320 4 43 330 ..........V...p........................=_== . i 2 .......... NOTES: 4 LAST OF SEVERAL OCCURRENCES COLUI4N 17 PEAK WIND III M.P.H. PRELIMINARY LOCAL CLI.4FTOLCGICAL DATA IWS FORM: F -6i , PAGE 2 STAT:ON: FAYETTEVILLE .ARKAIISAS MONTH; JUNE 'YEAR: 2009 LATITUDE: 36 9 N LONGITUDE: 94 10 W 9 (TEMPERATURE DATA) (PRECIPITATION DATA( SYHR01.S USED IN COLUMN 16 AVERAGE MONTHLY: 75.5 TOTAL FOR MON:'H: 2.53 1 EOC OR N!ST DRFR FM NORMAL: 1.0 CPTR F4 NORMAL: -2.13 "2 - FOG REDUCING V:SIB:LITY 41CIIEST: 96 ON 24 GRIST 241IR O.E4 O9 14-14 TO 1/4 MILE OR LESS LOWEST: 49 ON 5 3 THUNDER SIIOW, ICE PELLETS, NAIL 4 - ICE PELLETS TOTAL 14011TIl: 0.0 INCH 5 + HAIL 519757 241119 ^..9 6 = FREEZING RAIN OR :.RiZZLE GRIST DEPTH: M ON H 7 IDJSTSTOFN OR SANCSTORM: VSBY 1/2 MILE OR LESS SMOKE OR HAZE ;NO. OF DAYS WI iii IWEATHER - PAYS WITHI 9 = FLOM:NS SNOW X - TCPNACO MAX 32 OR BELOW: 0 0.C1 :NCH OR MOPE: 7 MAX 40 OR ABO'V!: 9 0.13 INCH OR MORE: - MIN 32 OR BELOW: 0 0.59 INCH OR POPE: 0 OR BELOW: ^- 2 1411 1.90 :NCH 04 14DRE: 3 :40➢ !BASE AS; i FOCAL THIS 40. 2 CLEAR !SCALE 9-3i 0 CPTR FM 3CRMA1. -6 ?TGDV (SCALE 4-71 i3 70.AL iN JUL 1 3E42 CLOUDY CALE •i-10: 0 DPTR EM NORMAL -324 co BASE 65: I TOTAL THis MO. 325 CPR EM IIORMAL 56 ;PRESSURE DATA] TOTAL fN .;AN 1 429 X!^X.EST SLP 3G. 0] ON !4 PITH el'I ❑CRMAL 39 LOWEST SLP 29.68 On 3 I of 1 10/ 12/2009 8:14 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteNanle=Drake_Field_Fa... STATION: FAYETTEVILLE ARKANSAS MONTH: JULY YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WILD 1 2 3 4 5 6A 60 7 B 9 10 Ii 12 13 ]4 15 16 !7 ]8 12Z AVG MX 2MIN DY MAX MIN AVG DER HOD COD MIA SNN DPTH SPD SPD DIR MIN PSBL S -S WX SPD DR ......................._....._.---c.a... ...a..-............................ 1 86 61 74 -3 0 9 0.00 0.0 M 2.3 13 340 H H M 1 15 320 2 87 58 73 -4 0 8 0.00 0.0 M 1.4 12 330 M H H H30 3 89 64 11 0 0 12 0.16 0.0 .H 4.4 13 330 M M M 3 17 340 4 84 7I7 0 0 13 0.95 0.0 H 8.4 26 300 M M 1413 33 300 5 B2 66 74 -4 0 9 T 0.0 M 5.2 15 340 M M H3 10 330 6 01 63 72 -6 0 7 0.00 0.0 M 2.0 10 70 H H M 18 14 50 7 83 59 71 -7 0 6 0.00 0.0 H 2.0 10 180 M M 112 14 190 8 85 61 73 -5 0 00.00 0.0 M 2.8 12 200 H M M 1 17 220 9 90 66 78 0 0 13 0.00 0.0 M 5.5 14 140 M H M 1 21 130 10 93 77 05 6 0 20 0.00 0.0 M 10.7 22 200 M M M 30 200 11 95 74 85 6 0 20 0.00 0.0 H 6.8 20 200 M M H 24 200 12 96 72 84 5 0 19 0.00 0.0 M 6.1 18 210 M M H 24 220 13 96 72 84 5 0 19 0.02 0.0 H 3.6 20 110 H M 0 3 26 10D 14 92 75 84 5 0 19 0.00 0.0 0 9.4 20 180 M M 13 25 180 15 9B 76 87 8 0 22 0.00 0.0 0 6.0 15 260 M M 2 22 220 16 89 70 BO 1 0 15 P0.0 0 3.1 17 290 M M 1 21 330 17 82 57 70 -9 0 5 0.00 0.0 0 5.3 20 320 M H 1 24 320 18 83 52 68 -11 0 3 O.DO 0.0 0 3.9 15 290 M M 1 21 310 19 86 58 72 -7 0 70.00 0.0 0 1.6 9 340 M M 3 13 360 20 88 60 74 -5 0 9 0.01 0.0 0 5.2 17 70 M H 13 22 60 21 78 65 72 -7 0 7 1.35 0.0 0 0.0 26 240 M M 8 13 35 250 22 82 60 71 -8 0 6 0.00 0.0 0 4.5 14 350 H M 41 11 340 23 85 56 71 -9 0 6 0.00 0.0 0 2.6 10 280 M H 1 13 280 24 89 61 75 -5 0 10 0.00 0.0 0 7.4 18 220 H M 0 25 210 25 86 69 78 -2 0 13 0.00 0.0 0 4.5 13 200 M H 0 15 190 26 88 67 78 -2 0 13 0.00 0.0 0 2.1 10 30 M M 3 15 10 27 06 62 74 -6 0 9 0.14 0.0 0 2.4 23 200 M H 3 13 29 200 29 06 68 77 -3 0 12 0.00 0.0 0 2.9 13 220 M M 618 15 210 29 03 66 75 -5 0 10 0.02 0.0 0 1.6 9 190 M M 3 1 10 190 30 76 62 69 -11 0 4 1.39 0.0 0 2.5 12 330 M M 5 16 320 31 82 58 70 -10 0 5 0.00 0.0 0 1.7 7 160 M M 21 12 340 .......................................................:.............-......:.-. SM 2686 2006 0 338 4.04 0.0 136.5 M 45 AV 86.6 64.7 4.4 FASTST H H 2 MAX(MPH) MISC ----> M 26 300 N 35 250 NOTES: N LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.N. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: JULY YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W (TEMPERATURE DATA) ]PRECIPITATION DATA) SYMBOLS USED IN COLUMN L6 AVERAGE MONTHLY: 75.7 TOTAL FOR MONTH: 4.04 1 - FOG OR MIST DPTR FM NORMAL: -3.2 DPTR FM NORMAL: 0.90 2 - FOG REDUCING VISIBILITY HIGHEST: 98 ON 15 GRIST 24HR 1.39 ON 30-30 TO 1/4 MILE OR LESS LOWEST: 52 ON 18 3 - THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - HAIL GRIST 24HR 0.0 6 - FREEZING RAIN OR DRIZZLE GRIST DEPTH: 0 7 - DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS - B - SMOKE OR HAZE (NO. OF DAYS WITH) [WEATHER - DAYS WITH] 9 - BLOWING SNOW X - TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 8 MAX 90 OR ABOVE: 7 0.10 INCH OR MORE; 5 MIN 32 OR BELOW: 0 0.50 INCH OR MORE: 3 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 2 (HOD (BASE 65) I TOTAL THIS HO. 0 CLEAR (SCALE 0-3) I4 DPTR FM NORMAL 0 PTCLDY (SCALE 4-7) 5 TOTAL FM JUL 1 0 CLOUDY (SCALE 8-101 D DPTR EM NORMAL 0 [CDD (BASE 65) I TOTAL THIS MO. 338 DPTR FM NORMAL -92 [PRESSURE DATA] TOTAL FM JAN 1 166 HIGHEST SLP M ON M DPTR FM NORMAL -53 LOWEST SLP 29.13 ON 21 ofl 10/12/2009 8:18 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/fb/f6tomi.php?siteName=Drake_Field_Fa... STATION: FAYETTEVILLE ARKANSAS MONTH: AUGUST YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 20 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK W14D ..................u-.v........e................................................ 1 2 3 4 S 6A 6B 7 8 9 10 11 12 13 14 15 16 17 IB 122 AVG MX 2MUN DY MAX MIN AVG DER HDD CDD WTR SNW UPTH SPD SPD DIR MIN PSBL 5-S WX SPD DR ........................ ......................... I.......................... -a. 1 82 62 12 -B 0 7 0.22 0.0 0 2.9 20 300 H M 4 25 300 2 86 64 75 -5 0 10 0.00 0.0 0 2.2 8 270 H H 32 10 270 3 91 65 78 -2 0 13 0.00 0.0 0 8.4 20 180 M M 1 23 190 4 94 74 84 4 0 19 0.00 0.0 0 9.8 20 200 M M 0 25 200 5 92 64 79 -1 0 13 3.46 0.0 0 5.8 35 230 M M 4 13 40 240 6 88 63 76 -3 0 11 0.00 0.0 0 1.8 13 150 H M 41 16 150 766 61 78 -1 0 13 0.00 0.0 0 0.1 22 180 M H 0 26 160 B 09 74 82 3 01'0.00O.0 0 10.5 21 200 M M 0 28 190 989 74 82 3 0 11 0.00 0.0 0 0.8 17 200 M M 0 22 210 10 92 69 81 2 0 16 0.41 0.0 0 8.5 22 180 H M 4 13 28 180 11 B4 65 75 -4 0 10 T 0.0 0 3.9 24 330 M M 2 29 340 12 B6 60 73 -6 0 00.01 0.0 0 2.5 12 BO H M 11 15 80 13 06 58 72 -7 0 7 0.00 0.0 0 1.5 12 180 M M I 17 110 14 B6 58 72 -7 0 7 0.00 0.0 0 2.1 9 170 M H 01 15 200 'SOB 62 75 -3 0 10 0.00 0.0 0 8.7 20 180 M M 2 25 170 16 89 76 83 5 0 180.00 0.0 0 10.0 21 180 M H 1 26 200 17 90 69 80 2 0 15 T 0.0 0 4.6 26 330 M H 1 38 33 320 18 85 67 76 -2 0 11 T 0.0 0 3.1 20 280 M M 33 24 270 19 85 70 78 0 0 13 0.00 0.0 0 8.1 11 190 M M 23 22 160 20 77 63 70 -8 0 5 0.70 0.0 0 S.5i]90 190 H H 5 13 22 190 21 81 57 69 -8 0 4 0.00 0.0 0 5.8 20 330 H M 31 24 310 22 79 53 66 -11 0 1 0.00 0.0 0 2.3 14 340 M K 1 18330 23 82 51 67 -10 0 2 0.00 0.0 0 1.2 9 i90 M M 1 30 10 190 24 83 56 10 -1 0 5 0.00 0.0 0 3.5 13 180 M H 1 15 170 25 88 60 74 -2 0 9 0.00 0.0 0 3.5 12 1170 M M 1 14 170 26 06 50 72 -4 0 70.00 0.0 0 3.3 13 170 M H 0 17 160 27 85 61 73 -3 0 01.10 0.0 0 3.1 12 140 M M 6 138 14 130 2B 79 62 71 -5 0 6 0.23 0.0 0 4.3 16 330 H H 6 13 20 320 29 79 60 70 -5 0 5 0.00 0.0 0 2.0 13 330 M H 6 15 330 30 76 55 66 -9 0 1 0.00 0.0 0 3.1 13 70 M M 4 20 60 31 75 51 63 -12 2 0 0.00 0.0 0 1.5 9 340 H H 3 13 360 .....................................f....................... w=................. SM 2640 1940 2 288 6.13 0.0 150.4 H 70 ............................................................................ AV 85.2 62.0 4.9 FASTST M M 2 MAX(MPH) MISC ----> N 35 230 N 48 240 ................................................................................ NOTES: N LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND IN M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: AUGUST YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W [TEMPERATURE DATA! (PRECIPITATION DATA] SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 74.0 TOTAL FOR MONTH: 6.13 1 - FOG OR MIST DPTR FM NORMAL: -3.9 DPTR FM NORMAL: 3.13 2 - FOG REDUCING VISIBILITY HIGHEST: 94 ON 4 GRTST 24HA 3.47 ON 5- 6 TO 1/4 MILE OR LESS LOWEST: 51 ON 31,23 3 - THUNDER SNOW, ICE PELLETS. HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - HAIL GRTST 24HR 0.0 6 - FREEZING RAIN OR DRIZZLE GRTST DEPTH: 0 7 • DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 - SMOKE OR HAZE (NO. OF DAYS WITH! [WEATHER - DAYS WITH[ 9 - BLOWING SNOW X - TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 7 MAX 90 OR ABOVE: 5 0.10 INCH OR NORE: 6 MIN 32 OR BELOW: 0 0.50 INCH OR MOPE: 3 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 2 (HOD (BASE 65) TOTAL THIS MO. 2 CLEAR (SCALE 0-31 21 DPTR FM NORMAL -2 PTCLDY (SCALE 4-7) 10 TOTAL FM JUL 1 2 CLOUDY (SCALE 8-101 0 DPTR FM NORMAL -2 (COD (BASE 65) ! TOTAL THIS MO. 280 DPTR FM NORMAL -114 (PRESSURE DATA) TOTAL FM JAN 1 1054 HIGHEST SLP 30.25 ON 31 DPTR FM NORMAL -167 LOWEST SLP 29.74 ON 20 10/ 12/2009 8:19 AM I of 1 Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteName=Drake_FieId_Fa... STAT104: FAYETTEVILLE ARKANSAS MONTH: SEPTEMBER YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND iii...a.a-..........-i..................aYi....-..-..---..---•-_-------i.... I 2 3 4 5 6A 60 1 8 9 10 11 12 13 31 15 16 11 16 121 AVG MX 2MIN DY MAX MIN AVG DEP HD0 COD WTR SNW OPTH SPD SPC DIR MIN PSBL S -S 'fIX.. SPD DR i i i i• i ii iiaiiiiiiiiiviiiii i ii i iii iv•ivii v vi i 1 78 49 64 -11 1 0 0.00 0.0 0 0.0 7 120 M H 1 9 110 2 72 55 64 -10 1 0 0.72 0.0 0 2.4 17 350 M M 3 13 23 360 3 79 56 68 -6 0 3 0.03 0.0 0 1.9 13 16D H M 6 13 15 160 4 82 58 70 -1 . 0 5 T 0.0 0 1.3 8 130 H M 4 1 10120 5 82 64 13 0 0 9115 0.0 0 2.9 13 22D M H 6 13 15 220 6 82 62 12 -1 0 7 0.01 0.0 0 2.3 12 310 M H 5 13 15 320 7 85 61 13 0 0 8 0.00 0.0 0 0.9 10 330 M M 5 12 13 330 0 06 60 73 1 0 8 0.00 0.0 0 2.5 10 180 M M 2 12 13 40 9 75 69 72 0 0 7 0.59 0.0 0 2.9 9 70 H H 01 15 100 10 80 67 74 2 0 9 0.02 0.0 D 2.4 12 70 M H 81 15 60 11 92 63 13 1 0 00.00 0.0 0 2.0 9 80 4 H 1 18 14 90 12 79 63 11 0 0 6 0.00 0.0 0 2.3 l3 70 M M 3 128 1690 13 71 63 61 -4 0 2 0.07 0.0 0 4.7 15 B0 H M 7 1B 20 6O 14 71 64 68 -3 0 3 T 0.0 0 3.9 13 80 H M 10 1 11 10 15 76 61 72 2 0 7 0.31 0.0 0 4.1 10 10 M 4 10 1 16 20 16 69 66 68 -2 0 30.63 0.0 0 6.B 14 50 M H 1018 23 50 17 73 65 69 -1 0 4 0.37 0.0 C 4.2 14 60 H H 918 20 50 18 77 63 10 1 0 5 0.00 0.0 0 2.8 14 80 M 1110 1790 19 13 64 69 0 0 4 T 0.0 0 2.9 9 20 M M 10 18 17 100 20 11 61 69 0 0 4 0.00 0.0 0 2.6 9 310 H H 6 12 13 310 21 84 59 72 1 0 7 2.32 0.0 0 7.7 33 330 M M 4 1238 44 330 22 65 50 62 -6 3 0 0.04 0.0 0 5.4 15 290 H H 816 11 290 23 10 58 64 -4 1 0 0.04 0.0 0 2.2 8 350 M M 71 16 50 24 71 54 63 -4 2 0 T 0.0 0 1.5 8 310 M N 5 128 12 20 25 77 50 64 -3 1 0 0.00 0.0 0 0.7 7 180 M M 3 12 980 26 74 52 63 -3 2 0 0.00 0.0 0 5.3 18 290 H M 11 23 290 27 85 49 67 1 0 2 0.00 0.0 0 7.2 22 190 H M 0 26 200 28 12 15 59 -7 6 0 0.00 0.0 0 7.5 18 320 M M 0 24 32C 29 71 40 56 -9 9 0 O.OD 0.0 0 1.6 10 290 M H 01 14 290 30 75 42 59 -6 6 00.00 0.0 0 5.7 17 160 H M 01 23 180 --------ii-i--i-iiii--------------- ___ --- .a...a ...---------------- SM 2293 1717 1 J2 110 6.30 0.0 101.1 H 158 AV 76.1 58.2 3.4 FASTST M M 5 MAX(MPH) MISC ---> 133 330 M 44 330 • ___•__ n. s. Liiiiii ii sea iii ii ..... n• .ia. .......V... i. NOTES: 1 LAST OF SEVERAL OCCURRENCES COLUMN 17 PEAK WIND 1N M.P.H. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: SEPTEMBER YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W [TEMPERATURE DATA[ [PRECIPITATION DATA) SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 67.3 TOTAL FOR MONTH: 6.30 1 - FOG OR MIST DPTR FM NORMAL: -2.7 DPTR FM NORMAL: 1.47 2 - FOG REDUCING VISIBILITY HIGHEST: 86 ON B GRTST 24HR 2.42 ON 21-21 TO 1/4 MILE OR LESS LOWEST: 40 ON 29 3 - THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - MAIL GRTST 24HR 0.0 6 - FREEZING RAIN OR DRIZZLE GRTST DEPTH: 0 7 i DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS 8 - SMOKE OR HAZE [NO. OF DAYS WITH[ [WEATHER - DAYS WITH) 9 - BLOWING 5NOW % - TORNADO MAY 32 OR BELOW: 0 0.01 INCH OR MORE: 1] MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 1 MIN 32 OR BELOW: 0 0.50 INCH OR MORE: 5 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 2 [HOD (BASE 651 1 TOTAL THIS MO. 32 CLEAR (SCALE 0-31 9 DPTR FM NORMAL -10 PTCLDY (SCALE 1-1) 1.3 TOTAL FM JUL 1 34 CLOUDY (SCALE 8-10j 8 DPTR FM NORMAL -12 (CDD (BASE 651 1 TOTAL THIS MO. 110 DPTR FM NORMAL -90 [PRESSURE DATA) TOTAL FM JAN 1 1164 HIGHEST SLP 30.25 ON 2 DPTR FM NORMAL -247 LOWEST SLP 29.65 011 27 I of I 10/12/2009 8:19 AM Current Month - Daily Weather Data (F6) http://www.srh.noaa.gov/tsa/f6/f6form.php?siteName=Drake_FieId_Fa... - STATION: FAYETTEVILLE ARKANSAS MONTH: OCTOBER YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W TEMPERATURE IN F: :PCPN: SNOW: WIND :SUNSHINE: SKY :PK WND 1 2 3 4 5 6A 68 ] b 9 JD 11 12 Il 14 15 16 1] 18 122 AVG MX 2MIN DY MAX MIN AVG OCR HDD CDD WTR SNW DPT( SPD SPO DIR MIN PSBL S -S WX SPD DR -....I... --- ..a ---.......s .............................................. ve..... 1 78 47 63 -2 2 0 0.07 M 0 12.4 24 190 M N 5 1 3:1230 2 68 40 54 -10 11 00-00 0.0 0 8.5 22 300 M H 0 31 240 3 68 38 53 -11 12 0 0.00 0.0 0 2.3 12 230 M M 4 15 250 4 57 52 55 -9 10 0 0.02 0.0 0 4.9 15 80 H H 81 20 70 5 62 51 51 -6 B 0007 0.0 0 5.1 15 150 M M 10 1 20 150 6 65 46 56 -7 9 0 0.55 M 0 6.6 2J 190 M M 6 13 28 190 7 70 38 54 -8 11 0 0.76 M 0 3.3 14 190 M M 4 123 16 190 8 60 51 69 7 0 4 4.21 0.0 0 11.1 31 350 H M 10 135 38 340 9 N M M M M M 1.52 M 0 8.9 14 340 M M 913 18 340 10 M H H H H 10.00 0.0 M 2.6 7 BO M M 61 M M 11 54 45 50 -11 15 00.01 H M 3.6 12 140 M M 102 15 13D .....C...............e..........--<.<.-...i-..... 6...C -_v..................... SM 602 414 78 4 7.21 0.0 69.3 M 72 .------------ ..................._____ ............v.............. AV 66.9 46.0 6.3 FASTS? M M 7 MAX(MPH) MISC ----5 ! 31 350 M 38 340 ................................................................................ NOTES: 1 LAST OF SEVERAL OCCURRENCES COLUMN 1J PEAK WIND IN M.P.N. PRELIMINARY LOCAL CLIMATOLOGICAL DATA (WS FORM: F-6) , PAGE 2 STATION: FAYETTEVILLE ARKANSAS MONTH: OCTOBER YEAR: 2009 LATITUDE: 36 0 N LONGITUDE: 94 10 W [TEMPERATURE DATA[ (PRECIPITATION DATA) SYMBOLS USED IN COLUMN 16 AVERAGE MONTHLY: 56.4 TOTAL FOR MONTH: 7.21 1 - FOG OR MIST DPTR FM NORMAL: -6.4 DPTR FN NORMAL: 5.81 2 - FOG REDUCING VISIBILITY HIGHEST: 80 ON 8 GRTST 24HR 5.65 ON 8- 9 TO 1/4 MILE OR LESS LOWEST: 39 ON 7, 3 3 • THUNDER SNOW, ICE PELLETS, HAIL 4 - ICE PELLETS TOTAL MONTH: 0.0 INCH 5 - HAIL GRIST 24HR 0.0 6 - FREEZING RAIN OR DRIZZLE GRTST DEPTH: 0 . 7 - DUSTSTORM OR SANDSTORM: VSBY 1/2 MILE OR LESS B - SMOKE OR HAZE [NO. OF DAYS WITH[ (WEATHER - DAYS WITH[ 9 - BLOWING SNOW X - TORNADO MAX 32 OR BELOW: 0 0.01 INCH OR MORE: 8 MAX 90 OR ABOVE: 0 0.10 INCH OR MORE: 4 MTN 32 OR BELOW: 0 0.50 INCH OR MORE: 4 MIN 0 OR BELOW: 0 1.00 INCH OR MORE: 2 I HDD (BASE 65) 1 TOTAL THIS MO. 70 CLEAR (SCALE 0-31 1 DPTR FM NORMAL 32 PTCLDY (SCALE 4-1) 5 TOTAL FM JUL 1 112 CLOUDY (SCALE 8-10) 5 DPTR FM NORMAL 20 (COD (BASE 65) I TOTAL THIS MO. 4 DPTR FN NORMAL -17 [PRESSURE DATA) TOTAL FM JAN I 1168 HIGHEST SLP M ON M DPTR FM NORMAL -264 LOWEST SLP 29.62 ON 1 I of 1 10/12/2009 8:20 AM Memo To: The City of Fayetteville From: Hugh Jarratt, Attorney at Law Date: 10/13/2009 Re: Red Dirt Mining Ordinance Attached please find real estate records that relate to property close to Hamestring Road which lie inside the city limits of Fayetteville. Although there have been comments made that the Red Dirt Mining Operations hurt property values, I researched all transactions that I could find for this area dated 1994 or later (1994 is the date red dirt mining began in the Hamestring Road area). In my research, there has not been a single sale for a loss in the area since 1994. Therefore, the argument that the red dirt mining operations have hurt property values is not correct. If you have any questions, please call. Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record 1 of 1 &nbspLast Updated 10101109 Parcel Number: 765-16151-600 Prev. Parcel Number: 001-11607-000 Type: Al Location: 1075 N HAMSTRING RD Owner Name: BOLEN, DAVE C Mailing Address: 1075 N Hamstring Rd Fayetteville AR 72704-7801 Lot: Block: S -T -R: 09-16-31 Addition: 09-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NE SE 10.99AC Current Year A79 Credit Status: O Last Appraised: 2009 Appraised Value Taxable Value Land 26,350 4,180 Improvement 183,650 35,090 Total 210,000 39,270 Tax History Taxable Ad Imp. Timber Voluntary A79 A79 Net Total Total Tax Payment Year Value Valorem Dist. Tax Tax Credit Status Tax Paid Status Tax Tax 2008 37,582 $1,924.20 $0.00 $1.05 $0.00 $350.00 O $1,575.25 $1,575.25 PAID 2007 35,894 $1,841.36 $0.00 $1.05 $0.00 $350.00 O $1,492.41 $1,492.41 PAID 2006 34,014 $1,785.74$0.00 $1.05 $0.00 $300.00 O $1,486.79$1,486.79 PAID Available Tax Payment Receipt(s) Ad Receipt Payment Year # Valorem Date Tax 2008 1990 03/31/2009 $1,574.20 2007 14445 04/28/2008 $1,491.36 2006 32855 4/25/2007 $1,485.74 Imp. Timber Voluntary Penalty y Dist. Tax Tax Tax Pa ment Tax $0.00 $1.05 $0.00 $0.00 $1,575.25 $0.00 $1.05 $0.00 $0.00 $1,492.41 $0.00 $1.05 $0.00 $0.00 $1,486.79 Deed History Deed Sale Revenue Date Deed Ref. Granteel Grantee2 Type Amount Amount 6/4/1999 99-52081 BOLEN, DAVE C. WD 157,000 518.10 LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 FCS 99: 99-52081 WD $518.10 REV (157M) 12/23/1992 92-68546 WATT, WILLIAM G. WD 140,000 308.00 & GRACE L. 1/20/1988 1256-132 WARREN, GENE G. WD 87,000 191.40 & ARLENE H. 10/2/2009 1:47 PM Real Estate Parcel Information http: //w w w.co. w ashi ngton. ar. us/PropertySearc WRParce l lnfo. as p?ST... EDMONSTON, 1/1/1985 1256-131 CRAIG A. & CONNIE R. WD 73,000 80.30 Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF MV 2003 2003 1966 Grade Condition Exterior Wall Fireplace Year Effective Remodeled Age 3 G MAS/VEN 1SG 41 r-25--1 1 SEP 1 Sketch: Z MFA 23 MN 6 (616) 61 (2003) Out Buildings and Yard Improvements Qty Description Size Quality I Driveway, concrete 18x60 I Driveway, concrete 11x77 I Driveway, concrete 16x108 I Garage - frame unfinished, det 26x30 1 Garage - frame unfinished, det 20x23 1 Garage - masonry unfinished, d 12x22 1 Pole Sheds 30x40 I Fence, wood 3' 540 Next Item I Previous Item I Prey. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search New Search of 2 10/2/2009 1:47 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record 1 of 1 &nbspLast Updated 10101/09 Parcel Number: 765-16151.950 Prev. Parcel Number: 344-01533-000 Type: RI Location: 741 N ED MOORE LN Owner Name: SILVA PROPERTIES, LLC Mailing Address: 12198 LITTLE ELM RD FARMINGTON AR 72730 Lot: 006 Block: S -T -R: 09-16-31 Addition: ED MOORE SID School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 0.55 A. Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 25,000 4,205 Improvement 6,600 1,320 Total 31,600 5,525 Tax History Taxable Ad Imp. Timber Voluntary A79 A79 Net Total Payment Year Valorem Dist. Total Tax Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 5,100 $261.12 $0.00 $0.00 $0.00 $0.00 V $261.12 $0.00 .2007 4,675 $239.83 $0.00 $0.00 $0.00 $0.00 V $239.83 $239.83 PAID 2006 4,250 $223.13 $0.00 $0.00 $0.00 $0.00 $223.12 $223.12 PAID Available Tax Payment Receipt(s) Receipt Payment Ad Year # Date Valorem Tax 2007 74525 10/17/2008 $239.83 2006 111915 10/8/2007 $223.12 Imp' Timber Voluntary Penalty Dist. Tax Tax Tax Payment Tax $0.00 $0.00 $0.00 $0.00 $239.83 $0.00 $0.00 $0.00 $0.00 $223.12 Deed History Deed Date Deed Ref. Granteel Grantee2 Sale Revenue Type Amount Amount SILVA 1/20/2006 2006-2891 PROPERTIES, WD 48,000 158.40 LLC LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 NLB 2006-2891 WD (48M) 7/5/2002 2002-96709 GOODWIN, JOHN WD 29,000 95.70 KST 2002-96709 WD $95.70(29M) 8/20/1993 93-48926 MARTIN, KENT & WD 24,000 79.20 OLETA 93-51868 REFILED TO CORR ORDER. MH TRANSFERRED FROM 765-15093-092 l of2 10/2/2009 1:53 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcelinfo.asp?ST... 1/111985 1101-802 MOUNCE, SCOTT WD 0 0.00 Structure Occupancy Total Living Year Basement Construction First Floor Number Type Type Living Area Area Constructed Area 1 MH FS 784 784 1986 Year Effective Grade Condition Exterior Wall Fireplace Remodeled Age 5 A STANDARD 21 56� -, 1 MH 1 4 (784) 4 Sketch: I5 t2 00P(120) 0 L12—/ Out Buildings and Yard Improvements Qty Description Size Quality I Driveway, concrete 26x25 I Fence, chain link 4' 330 1 Outbuilding,metal 7x9 I Pole Sheds . 30x24 Next Item I Previous Item I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search New Search 2 of2 10/2/2009 1:53 PM Real Estate Parcel Information http://www.co.washingtonar.us/PropertySearch/RParcellnfo.asp?ST... Record I of I &nbspLast Updated 10/01/09 Parcel Number: 765-16151-920 Prev. Parcel Number: 344-01530-000 Type: RM Location: 797 N ED MOORE LN Owner Name: JOHNSON, DONALD H JR & DEBBIE Mailing Address: 797 N ED MOORE LN FAYETTEVILLE AR 72704 Lot: 003 Block: S -T -R: 09-16-31 Addition: ED MOORE SID School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 0.55 A. Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 25,000 4,931 Improvement 17,150 3,430 Total 42,150 8,361 Tax History Ad Imp. Net Year Taxable Valorem Timber Voluntary A79 A79 Total Payment Dist. Tax Total Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 7,974 $408.27 $0.00 $0.00 $0.00 $0.00 V $408.27 $408.27 PAID 2007 7,587 $389.21 $0.00 $0.00 $0.00 $0.00 V $389.21 $389.21 PAID 2006 3,870 $203.18 $0.00 $0.00 $0.00 $0.00 V $203.18 $203.18 PAID Available Tax Payment Receipt(s) Ad Receipt Payment Year # Valorem Date Tax 2008 42045 09/16/2009 $408.27 2007 55685 10/07/2008 $389.21 2006 1021183 1010712008 $203.18 Imp. Dist. Timber Voluntary Penalty Payment Tax Tax Tax Tax $0.00 $0.00 $0.00 $0.00 $408.27 $0.00 $0.00 $0.00 $0.00 $389.21 $0.00 $0.00 $0.00 $44.47 $247.65 Deed History Deed Sale Revenue Date Deed Ref. Grantee/ Grantee2 Type Amount Amount 5/20/2005 2005-22274 JOHNSON, DONALD WD 20,000 66.00 H. JR & DEBBIE LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 GFJ 2005-22274 WD $66.00 REV(20M) 8/10/2001 2001-97244 GABBARD, LEONARD RD 0 0.00 & MARY WCS 2001-97244 REDEMPTION DEED #159509 11/4/1993 2002-72455 WILLIAMS, MARION WD 16,000 52.80 E. KST 2002-72455 WD $52.80(16M) of 2 10/2/2009 1:53 PM Real Estate Parcel Information http://www.co.washi ngtonar.us/PropertySearch/RParceI Info.asp?ST... 11/4/1993 2002-72455 WILLIAMS, MARION WD 16,000 52.80 KST 2002-72455 WD $52.80(16M) 12/111986 1205-612 GABBARD, LEONARD CT 5,000 5.50 & MARY GABBARD,GREG 1/1/1985 103-848 ALLEN & BRENDA WD 0 0.00 LEE Out Buildings and Yard Improvements Oty Description Size Quality 1 Pole Sheds 20x20 1 Outbullding,metal b u l ld i n g, meta l 10x12 1 Utility Bldg, Avg, Exc Class 30x60 Next Item I Previous Item I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search New Search 2of2 10/2/2009 1:53 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record I of I &nbspLasl Updated 10/01/09 Parcel Number: 765-16151-900 Prev. Parcel Number: 344-01528-000 Type: RI Location: 860 N ED MOORE LN Owner Name: LANCE, JOY M Mailing Address: 860 N Ed Moore Ln Fayetteville AR 72704-7802 Lot: 001 Block: S -T -R: 09-16-31 Addition: ED MOORE SID School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 0.63 A. Current Year A79 Credit Status: O Last Appraised: 2007 Appraised Value Taxable Value Land 25,000 3,450 Improvement 5,150 360 Total 30,150 3,810 Tax History Taxable Ad Imp. Timber Voluntary Year Value Va Dist. Tax Tax Tax Tax 2008 3,644 $186.57 $0.00 $0.00 $0.00 2007 3,478 $178.42 $0.00 $0.00 $0.00 2006 3,312 $173.88 $0.00 $0.00 $0.00 A79 A79 Net Total Payment Total Tax Credit Status Tax Paid Status $186.57 O $0.00 $0.00 PAID $178.42 O $0.00 $0.00 PAID $173.88 O $0.00 $0.00 PAID Deed History Deed Sale Revenue Date Deed Ref. Granteel Grantee2 Type Amount Amount 7/21/1997 97-48431 LANCE, JOY M WD 28,000 92.40 LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 LPW 97-48431 WD REV $92.40 (28M) 3/11/1994 94-15313 SILVA, MARK & WD 22,000 72.60 DEBBIE MH ADDED FOR 1986, 1/1/1985 HUTCHINS, MARK 1117-773 WD 0 0.00 & KATHY Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 MH FS 840 840 1985 Year Effective Grade Condition Exterior Wall Fireplace od Remodeled Age 5 A STANDARD 22 I oft 10/2/2009 1:54 PM Real Estate Parcel Information http://www.co.washi ngton.ar. us/PropertySearcWRParceI Info.asp?ST... �18� 1 WD 1 2121 6 6 i Sketch: 1 MH 1 4 (640) 4 60 B B Out Buildings and Yard Improvements Qty Description Size Quality Carport, Dirt Floor 20x20 Outbuilding, metal 10x12 Next Item I Previous Item I Prev. Ledger Card I GIS Parcel Mao I Return to Search Results I Modify Search New Search 2of2 10/2/2009 1:54 PM Real Estate Parcel Information http://www.co.washington.ar.us/ProperrySearch/RParcellnfo.asp?ST... Record 1 of.1 &nbspLast Updated 10/01/09 Parcel Number: 765-16152-600 Prev. Parcel Number: 001-11714-004 Type: R1 Location: 7299 W WEDINGTON DR Owner Name: GARCIA, JOSE & RAQUEL; GARCIA, LUZ & JOSE G JR Mailing Address: 7299 W WEDINGTON DR FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SW 1.50A Current Year A79 Credit Status: F Last Appraised: 2007 Appraised Value Taxable Value Land 34,400 4,530 Improvement 173,000 27,200 Total 207,400 31,730 Tax History Taxable Ad Imp. Timber Voluntary Year Value Valorem Dist. Tax Tax Tax Tax 2008 31,730 $1,624.58 $0.00 $0.00 $0.00 2007 31,730 $1,627.75 $0.00 $0.00 $0.00 2006 31,730 $1,665.83 $0.00 $0.00 $0.00 A79 A79 Net Total Total Tax Payment Credit Status Tax Paid Status $350.00 F $1,274.58 $1,274.58 PAID $350.00 F $1,277.75$1,277.75 PAID $300.00 O $1,365.82 $1,365.82 PAID Available Tax Payment Receipt(s) Year Receipt Payment Valorem Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2008 12743 04/27/2009 $1,274.58 $0.00 $0.00 $0.00 $0.00 $1,274.58 2007 14445 04/2812008 $1,277.75 $0.00 $0.00 $0.00 $0.00 $1,277.75 2006 32858 4/25/2007 $1,365.82 $0.00 $0.00 $0.00 $0.00 $1,365.82 Deed History Date Deed Ref. Granteel Grantee2 Deed Sale Revenue Type Amount Amount GARCIA, GARCIA, LUZ 10/13/2005 2005-46805 JOSE & & JOSE G JR WD 175,000 577.50 RAQUEL; TNTS IN COM LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 NLB 2005-46805 WD $577.50 REV (175M) KRUGER, 10/15/2003 2003-54573 OLIVER & CR 0 495.00 REBA SJJ 2003-54573 CR $495.00 (150M) RECORDED TO CORRECT DEED 2003-34314 * FILE DATE USED AS DEED DATE I oft 10/2/2009 1:57 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearclVRParcel info.asp?ST... KRUGER, 6111/2003 2003-34314 OLIVER & CR 0 495.00 REBA SJJ FOR 2003: 1.50A FROM #003 BRYAN & LIZ LAW W/ IMPROVEMENTS NOTE: DEED INCLUDES AN INCORRECT CALL S00.10'52W 474.52 FT) - THE CORRECT CALL SHOULD BE S00.1052"W 257.68 FT - WALT & CHERYL FROM WACO TITLE COMPANY SAID THAT THEY WOULD FILE A CORRECTION DEED OR A CORRECTION ADDIVADIT OF SCRIVENER'S ERROR - PER BH GO AHEAD & SPLIT B/C THE DEED SAYS..." ... TO THE POINT OF BEGINNING. SJJ 2003-34314 CR $495.00 (150M) REV KRUGER, 6/11/2003 2003-32213 OLIVER & WD 150,000 495.00 REBA SJJ 2003-32213 WD $495.00 (150M) REV - BAD LEGAL Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area I DP MV 2246 2246 2002 Year Effective Grade Condition Exterior Wall Fireplace Remodeled Age 4 A MASONVEN 5 Sketch: 9 OP Out Buildings and Yard Improvements Qty Description Size Quality I Driveway, concrete 23x47 1 Driveway, concrete 14x15 1 Driveway, concrete 14x15 Next Item I Previous Item I Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search New Search ! of2 10/2/2009 1:57 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... M1 Record 1 of 1 &nbspLasl Updated 10101/09 Parcel Number: 765-16152-525 Prev. Parcel Number: 001-11714-001 Type: RI Location: 7313 7315 W WEDINGTON DR Owner Name: GLOVER, CLARA SUE Mailing Address: PO BOX 306 UNIONTOWN AR 72955 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SW 1.02 A Current Year A79 Credit Status: VF Last Appraised: 2009 Appraised Value Taxable Value Land 22,500 4,500 Improvement 144,850 28,970 Total 167,350 33,470 Tax History Taxable Timber Voluntary A79 A79 Net Total Total Tax Payment Year Value Va oAdem Dist. Tax Tax Credit Status Tax Paid Status Tax Tax 2008 41,290 $2,114.05 $0.00 $0.00 $0.00 $0.00 N $2,114.05 $2,114.05 PAID 2007 43,720 $2,242.84 $0.00 $0.00 $0.00 $0.00 N $2,242.84 $2,242.84 PAID 2006 52,680 $2,765.70 $0.00 $0.00 $0.00 $0.00 N $2,765.70 $2,765.70 PAID Available Tax Payment Receipt(s) Ad Receipt Payment Valorem Year # Date Tax 2008 49534 10/01/2009 $2,114.05 2007 27711 06/25/2008 $2,242.84 2006 98625 10/2/2007 $2,765.70 Imp. Timber Voluntary Penalty Dist. Tax Tax Tax Payment Tax $0.00 $0.00 $0.00 $0.00 $2,114.05 $0.00 $0.00 $0.00 $0.00 $2,242.84 $0.00 $0.00 $0.00 $0.00 $2,765.70 Deed History Deed Sale Revenue Date Deed Ref. Granteel Grantee2 Type Amount Amount GLOVER, WD 164,000 541.20 6/1712008 2008-21049 CLARA SUE JRW 2008-21049 WD $541.2 REV(164M) ROBBINS INVESTMENTS, 6/6/2008 2008-18895 INVESTMENT, INC QC 0 INC; ADCOCK LAJ 2008-18895 QC NO REV /// TENANTS IN COMMON ROBBINS INVESTMENTS, 6/6/2008 2008-18894 INVESTMENT, INC QC 0 INC; ADCOCK I of3 10/2/2009 1:59 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... ti SLB FOR 2008: 0.004 A TRANSFERRED FROM #575 & 0.654 A TRANSFERRED TO #575 ROBBINS INVESTMENTS, INC; ADCOCK INVESTMENTS (SEE SURVEY 2008-7388) SLB 2008-18894 QC NO REV. ADCOCK, ROBBINS WARREN P.; 316/2008 2008-7388 INVESTMENT, SV 0 TENANTS INC; UNCOMMON WJC 2008-7388 SV FOR ROBBINS INVESTMENT //INCLUDES 765-16125-575// RMC SURVEY ON RECORD ADCOCK, ROBBINS WARREN P. 819/2006 2006-37567 INVESTMENT, QC 0 TENENTS INC; UNCOMMON SLB FOR 2007: 1.06 A TO #530 R STEVEN & SARAH SMITH WITH CARD #2 (SEE SURVEY 2002-15469) LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 SN 2006-37567 QC NO REV INCLUDES PARCELS: 001-11714-001, 001-11714-003 ROBBINS ADCOCK, 1/25/2002 2002-15468 INVESTMENTS, WARREN P. & WD 0 0.00 INC.; MARILYN JO BH FOR 2002: 2.18 A. TO #003 BRYAN C. & ELIZABETH J. LAW BH FOR 2002: 1.07 A. TO #002 JAMES LEON & HELEN Y. GREGORY BH 2002-15468 WD NO REV 1/2 INTEREST FROM ROBBINS INVESTMENTS, INC. ROBBINS 12/5120012001-158720 INVESTMENTS, WD 150,000 495.00 INC. BH FOR 2002: 5.98 A. FR #000 BARBARA W. WYNN WITH IMPROVEMENTS 2001-158720 WD $495.00 REV (150M) Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area I DP MV 2282 2282 2002 Year Effective Grade Condition Exterior Wall Fireplace Remodeled Age 4 A MASONVEN 5 2 of3 10/2/2009 1:59 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... 5 MN (22821 4 4 9 9 Sketch: Z 1 1 MFA 1 (5881 1 1 0P1 OP 1 1 2 Out Buildings and Yard Improvements Qty Description Size Quality I Driveway, concrete 23x47 I Driveway, concrete 14x15 I Driveway, concrete 14x15 Next Item Previous Item Ledger Card I Prey. Ledger Card I GIS Parcel Map Return to Search Results Modify Search I New Search I of) 10/2/2009 1:59 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearcWRParcellnfo.asp?ST... Record 1 of I &nbspLast Updated 10/01/09 Parcel Number: 765-16151-300 Prev. Parcel Number: 001-11615-000 Type: RI Location: 882 N RAINCROW RD Owner Name: LEWIS, MATTHEW MILES Mailing Address: 882 N RAINCROW RD FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 09-16-31 Addition: 09-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SE 1.50AC Current Year A79 Credit Status: O Last Appraised: 2008 Appraised Value Taxable Value Land 31,250 4,774 Improvement 138,150 26,079 Total 169,400 30,853 Tax History Taxable Ad. Imp. Timber Voluntary A79 . A79 Net Total Total Tax Payment Year Value Valorem Dist. Tax Tax Credit Status Tax Paid Status Tax Tax 2008 29,652 $1,518.18 $0.00 $0.00 $0.00 $350.00 O $1,168.18 $1,168.18 PAID 2007 25,221 $1,293.84 $0.00 $0.00 $0.00 $350.00 O $943.84 $943.84 PAID 2006 24,020 $1,261.05 $0.00 $0.00 $0.00 $300.00 O $961.05 $961.05 PAID Available Tax Payment Receipt(s) Ad Receipt Payment Year # Date Valorem Tax 2008 13255 04/28/2009 $1,168.18 2007 15223 04/29/2008 $943.84 2006 1863 3/23/2007 $961.05 Imp. Dist. Tax $0.00 $0.00 $0.00 Timber Voluntary Penalty Payment Tax Tax Tax $0.00 $0.00 $0.00 $1,168.18 $0.00 $0.00 $0.00 $943.84 $0.00 $0.00 $0.00 $961.05 Deed History Date Deed Ref. Granteel Grantee2 Deed Sale Revenue Type Amount Amount 7/25/2005 2005-32678 LEWIS, MATTHEW MILES WD 162,500 537.90 LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO, 4888 SN 2005-32678 WD $537.90 REV(163M) MELCHER, 3/2/1999 99-20457 THEODORE & WD 111,000 366.30 LINDA K. DKS 99-20457 WD $366.30 REV (111M) INCLUDES #11614 GRAVES, 5/20/1994 94-31130 LAWRENCE L. & WD 8,000 26.40 of 2 10/2/2009 2:01 PM Real Estate Parcel Information hrtp://www.cowashington.ar.us/PropertySearclt/RParcel info.asp?ST... 3/4/1993 4/19/1991 IDA J. ALSO 001-11614-000 BAILEY, CASEY 94-30639 DON; BAILEY, ANDY NO REV ALSO #11614 BOWERS, 1413-020 EDWARD D. & GENEVA 1/1/1985 1141-967 SECKINGER, WILLIAM C. SR Structure Occupancy Number Type I SF Grade C Sketch: Qty 1 1 1 1 1 1 1 DEWAYNE WD CHRISTINE FD Construction First Floor Total Living Type Living Area Area FS 1744 1744 Condition Exterior Wall Fireplace A FRAME 0 0.00 3,000 6.60 0 0.00 Year Basement Constructed Area 1995 Year Effective Remodeled Age 12 1 WD 1 0 (4401 44 0 58 3 MN 3 0 (1744) 32 1 21 2 B5 14 WD 2 2 FFA 2 2 (462) 2 L21 Out Buildings and Yard Improvements Description Size Quality Utility Bldg, Low, Dirt Floor 24x18 Hot tub/Jacuzzi Driveway, concrete 6x19 Driveway, concrete 22x42 Wood deck 13x30 Wood deck 20x51 Hot tub/Jacuzzi Next Item I Previous Item I Prev. Ledger Card I GIS Parcel Mao I Return to Search Results I Modify Search I New Search 2of2 10/2/2009 2:01 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo,asp?ST... Record I of 1 &nbspLast updated toro109 Parcel Number: 765-16151-250 Prev. Parcel Number: 001-11614-000 Type: RV Location: Owner Name: LEWIS, MATTHEW MILES Mailing Address: 882 N RAINCROW RD FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 09-16-31 Addition: 09-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SE (67 X 324.06) 0.50AC Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 9,400 1,469 Improvement 0 0 Total 9,400 1,469 Tax History Taxable Ad Imp. Timber Voluntary A79 A79 Net Total Payment Year Valorem Dist, Total Tax Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 1,356 $69.43 $0.00 $0.00 $0.00 $0.00 V $69.43 $69.43 PAID 2007 1,243 $63.77 $0.00 $0.00 $0.00 $0.00 V $63.77 $63.77 PAID 2006 593 $31.13 $0.00 $0.00 $0.00 $0.00 V $31.13 $31.13 PAID Available Tax Payment Receipt(s) Ad Imp. Year Receipt Payment Valorem Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2008 17460 05/06/2009 $69.43 $0.00 $0.00 $0.00 $0.00 $69.43 2007 19616 05/08/2008 $63.77 $0.00 $0.00 $0.00 $0.00 $63.77 2006 1860 3/23/2007 $31.13 $0.00 $0.00 $0.00 $0.00 $31.13 Deed History Date Deed Ref. Granteel Grantee2 Deed Sale Revenue Type Amount Amount 7/25/2005 2005-32678 LEWIS, WD 163,000 537.90 MATTHEW MILES LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 SN 2005-32678 WD $537.90 REV(163M) MELCHER, 3/2/1999 99-20457 THEODORE & WD 111,000 366.30 LINDA K. DKS 99-20457 WD $366.30 REV (111M) INCLUDES #11615 GRAVES, 5/20/1994 94-31130 LAWRENCE L. & WD 8,000 26.40 of 2 10/2/2009 2:02 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParce I Info.asp?ST... IDA J. ALSO 001-11615-000 BAILEY, CASEY 3/4/1993 94-30639 DON; BAILEY DEWAYNE WD 0 0.00 ANDY NO REV ALSO #11615 BOWERS, 4119/1991 1413-020 EDWARD D. & CHRISTINE FD 3,000 6.60 GENEVA 12/511985 1162-200 SECKINGER, WD 0 0.00 WILLIAM C. SR ADKINS, JOHNNY 111/1985 1037-668 P. & SUSAN WD 0 0.00 CARSON Next Item I Previous Item I Prey. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search New Search 2 oft 10/2/2009 2:02 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record I of 1 &nbspLast Updated 10/01/09 Parcel Number: 765-16152-425 Prev. Parcel Number: 001-11711-000 Type: RI Location: 7105 W WEDINGTON DR Owner Name: BOWERS-CASSELL, ANNALEA K &JEFFREY Mailing Address: 7105 W WEDINGTON DR FAYETTEVILLE AR 72704-9140 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SW 0.80AC Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 22,500 3,978 Improvement 92,850 17,966 Total 115,350 21,944 Tax History Taxable Ad Year Value Valorem Tax 2008 20,256 $1,037.11 2007 18,568 $952.54 2006 16,880 $886.20 Dist. Timber Voluntary A79 A79 Net Total Total Tax Payment Tax Tax Tax Credit Status Tax Paid Status $0.00 $0.00 $0.00 $0.00 V $1,037.11 $1,037.11 PAID $0.00 $0.00 $0.00 $0.00 V $952.54 $952.54 PAID $0.00 $0.00 $0.00 $0.00 V $886.20 $886.20 PAID Available Tax Payment Receipt(s) Year Receipt Payment Ad Imp. Valorem Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2008 12743 04/27/2009 $1,037.11 $0.00 $0.00 $0.00 $0.00 $1,037.11 2007 14445 04/28/2008 $952.54 $0.00 $0.00 $0.00 $0.00 $952.54 2006 32856 4/25/2007 $886.20 $0.00 $0.00 $0.00 $0.00 $886.20 Deed History Deed Sale Revenue Date Deed Ref. Grantee/ Grantee2 Type Amount Amount BOWERS- JEFFREY 12/28/2005 200557885 CASSELL, L12159 W. WD 155,000 511.50 ANNALEAK& & HWY 16 LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 SN 2005-57885 WD $511.50 REV(155M) 5123/2005 2005-22339 WILSON, RUTH WD 104,000 343.20 MANON BJF WD 2005 22339 $343.20 REV ()104M GRAVES, 1/1/1985 774-381 MACK WD 0 0.00 1o12 10/2/2009 2:07 PM Real Estate Parcel Information http://www.co.washi ngton.ar.us/PropertySearch/RParcel lnfo.asp?ST... c MILLARD & JEANNIE Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area I SF FS 1384 1384 1963 Year Effective Grade Condition Exterior Wall Fireplace Remodeled Age 4 G STEELE ISG 44 F 1 FEP 1 ?(2138)6 1 10P(195) 4 Sketch: 18 t 28 2MN 8 (1ae41 1 109 t4 8 `14) 8 8 23 Out Buildings and Yard Improvements Qty Description Size Quality I Driveway, concrete 10x100 I Fence, chain link 4 80 I Outbuilding, block 12x12 1 Patio cover, steel 21x16 1 Pole Sheds 29x20 I Outbuilding,metal b u i ld i n g, m eta l 12x10 10 Next Item I Previous Item I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search New Search 2of2 c 10/2/2009 2:07 PM Real Estate Parcel Information http://www.co.washington.ar.us/ProperiySearcIVRParcellnfo.asp?Sr... Record I of 1 &nbspLast Updated 10/01)09 Parcel Number: 765-16152-675 Prev. Parcel Number: 001-11717-000 Type: RM Location: 7094 W WEDINGTON DR Owner Name: NWACHUKWU, PRINCE N & RHONDA G Mailing Address: 7123 W WEDINGTON DR FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SW 0.50 AC Current Year A79 Credit Status: Last Appraised: 2007 Appraised Value Taxable Value Land 11,250 2,250 Improvement 15,250 3,050 Total 26,500 5,300 Tax History Ad Imp. Net Total Year Taxable Valorem Timber Voluntary A79 A79 Total Tax Payment Dist. Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 5,300 $271.36 $0.00 $0.00 $0.00 $0.00 $271.36 $271.36 PAID 2007 5,071 $260.14 $0.00 $0.00 $0.00 $0.00 $260.14 $260.14 PAID 2006 4,610 $242.03 $0.00 $0.00 $0.00 $0.00 $242.02 $242.02 PAID Available Tax Payment Receipt(s) Year Receipt Payment Va Ad Dist. Timber Voluntary Penalty Payment Date Tax Tax Tax Tax Tax 2008 2519 04/07/2009 $271.36 $0.00 $0.00 $0.00 $0.00 $271.36 2007 10189 04/21/2008 $260.14 $0.00 $0.00 $0.00 $0.00 $260.14 2006 14653 4/6/2007 $242.02 $0.00 $0.00 $0.00 $0.00 $242.02 Deed History Date Deed Ref. Grantee/ Grantee2 Deed Sale Revenue Type Amount Amount NWACHUKWU, 11/3/1999 99-99818 PRINCE N. & WD 22,000 72.60 RHONDA G. LMB ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 LMV FOR 2006: ACREAGE CORRECTION FROM 0.75 AC TO 0.50 AC PER MEETS AND BOUNDS DESCRIPTION LRR 99-99818 WD 72.60 (22M) MCCARTY, ALVIN 11/17/1998 98-101002 WD 21,000 69.30 & SHIRLEY M. MS 98-101002 WD $69.30 (21M) 1/5/1989 1303-373 ADKINS, TILLMAN WD 17,000 37.40 R. & BETTY S. I oft 10/2/2009 2:09 PM Real Estate Parcel Information http: //www.co.was hi ngton. ar.us/ PropertySearch/R Parce I Info. as p?ST... FLETCHER, 1/29/1988 1258-838 MILDRED & REEL, TRUSTEES WD 0 0.00 LEROY, 1/1/1985 843-379 REEL, V J & WD 0 0.00 BESSIE Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF MV 798 1008 1944 Grade Condition Exterior Wall Fireplace Year Effective Remodeled Age 6 P CONC/BLK 63 �2 1 0 3J 2 2 Sketch: MN (798) 2 10 2 2 2 11 GARC 1 (210) Li.i 1 Next Item I Previous Item I Prey. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search j New Search 2 of 2 10/2/2009 2:09 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record I of I &nbspLast Updated 10/01409 Parcel Number: 765-16152-625 Prev. Parcel Number: 001-11715-000 Type: RI Location: 7170 W WEDINGTON DR Owner Name: GOAD, JUDY L Mailing Address: 7170 W WEDINGTON DR FAYETTEVILLE AR 72701 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 FAYETTEVILLE OUTLOTS School District: FARMINGTON SCH, FAY Tax District: 062 City: FAYETTEVILLE Legal: ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER ANNEXATION ORDINANCE NO. 4888 PT NW SW 1.25AC Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 29,700 5,191 Improvement 47,950 9,590 Total 77,650 14,781 Tax History Ad Imp. Net Total Total Tax Taxable Timber Voluntary A79 A79 Payment Year Valorem Dist. Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 13,644 $698.57 $0.00 $0.00 $0.00 $0.00 $698.57 $698.57 PAID 2007 12,507 $641.61 $0.00 $0.00 $0.00 $0.00 $641.61 $641.61 PAID 2006 11,370 $596.93 $0.00 $0.00 $0.00 $0.00 $596.92 $596.92 PAID Available Tax Payment Receipt(s) Year Receipt Payment Va odrem Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2008 38189 09/0212009 $698.57 $0.00 $0.00 $0.00 $0.00 $698.57 2007 49731 10/02/2008 $641.61 $0.00 $0.00 $0.00 $0.00 $641.61 2006 104403 10/4/2007 $596.92 $0.00 $0.00 $0.00 $0.00 $596.92 Deed History Date Deed Ref. Granteel Grantee2 Deed Sale Revenue Type Amount Amount 911/20092009-28569 GOAD, JUDY L WD 80,000 264.00 AJM 2009-28569 WD $264.00 (80M) 1/1/1985 774-386 GREGORY, JAMES WD 0 0.00 LEON & HELEN Y. Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF FS 936 936 1973 10/2/20092: 10PM Real Estate Parcel Information http://www.co.washingtonar.us/PropertySearclt/RParcel lnfo.asp?ST... Year Grade Condition Exterior Wall Fireplace Remodeled 5 A FRAME 421 8 12 I 2 MN I I Sketch: 8 (936) 2 CP 2 0 ) 0 40 30 12 Out Buildings and Yard Improvements Qty Description Size Quality I Driveway, concrete 12x16 I Welihouse Effective Age 34 Next Item I Previous Item I Prev. Ledger Card I GIS Parcel Mao I Return to Search Results I Modify Search New Search 2of2 10/2/2009 2:10 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearciVRParcellnfo.asp?ST... Record 1 of I anbspLast updated 10/01/09 Parcel Number: 001-11671-000 Prev. Parcel Number: 114309-000-00 Type: Al Location: 12360 MARTIN RD Owner Name: LEWIS, SCOTT A Mailing Address: 12360 MARTIN RD FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 School District: FARMINGTON SCH, RURAL Tax District: 060 City: RURAL Legal: PT S/2 NW NW 7.04AC Current Year A79 Credit Status: O Last Appraised: 2007 Appraised Value Taxable Value Land 35,700 4,050 Improvement 130,100 22,906 Total 165,800 26,956 Tax History Taxable Ad Imp. Timber Voluntary A79 A79 Net TotalPayment Year Valorem Dist. Total Tax Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 25,794 $1,266.49 $0.00 $0.60 $0.00 $350.00 O $917.09 $917.09 PAID 2007 24,632 $1,211.89 $0.00 $0.60 $0.00 $350.00 O $862.49 $862.49 PAID 2006 23,470 $1,182.89 $0.00 $0.60 $0.00 $300.00 O $883.49 $883.49 PAID 2005 22,664 $1,067.47 $0.00 $0.60 $0.00 $300.00 O $768.07 $768.01. PAID 2004 21,627 $1,028.58 $0.00 $0.60 $0.00 $300.00 O $729.18 $729.18 PAID 2003 20,590 $998.82 $0.00 $0.60 $0.00 $300.00 $699.42 $699.42 PAID 2002 20,590 $895.87 $0.00 $0.60 $0.00 $0.00 $896.47 $896.47 PAID 2001 20,031 $871.55 $0.00 $0.60 $0.00 $0.00 $872.15 $872.15 PAID 2000 18,210 $692.89 $0.00 $0.60 $0.00 $0.00 $693.49 $693.49 PAID 1999 18,210 $702.00 $0.00 $0.60 $0.00 $0.00 $702.60 $702.60 PAID 1998 18,210 $703.82 $0.00 $0.60 $0.00 $0.00 $704.42 $704.42 PAID 1997 18,210 $613.68 $0.00 $0.60 $0.00 $0.00 $614.28 $614.28 PAID Available Tax Payment Receipt(s) Year Receipt Payment # Date 2008 13255 04/28/2009 2007 15223 04/29/2008 2006 39968 4/27/2007 2005 22105 4/19/2006 2004 7763 4/25/2005 2003 124650 10/23/2004 2002 35720 5/8/2003 2001 19635 4/18/2002 2000 11660 5/15/2001 Ad Valorem Tax $916.49 $861.89 $882.89 $767.47 $728.58 $698.82 $895.87 $871.55 $692.89 Imp. Dist. Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Timber Voluntary Tax Tax $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 $0.60 $0.00 Penalty Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Payment $917.09 $862.49 $883.49 $768.07 $729.18 $699.42 $896.47 $872.15 $693.49 I of2 10/2/2009 2:11 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcelinto.asp?sI... 1999 13149 51112000 $702.00 $0.00 $0.60 $0.00 $0.00 $702.60 1998 7071 4/2111999 $703.82 $0.00 $0.60 $0.00 $0.00 $704.42 Deed History Deed Sale Revenue Date Deed Ref. Granteel Grantee2 Type Amount Amount 6/4/2003 2003-32230 LEWIS, SCOTT A FD 125,000 412.50 PYM 2003-32230 FD $412.50 REV (125M) (JEFFERY A. BYNUM ADMINISTRATOR OF THE ESTATE OF PERRY NATHAN BYNUM 119/1995 97-73498 BYNUM, PERRY QC 0 0.00 JLF 4/3198 97-73498 QCD NO REV. FROM MARY ANN BYNUM 4/6/1992 92-18124 BYNUM, PERRY WD 75,000 165.00 N. & MARY ANN 1/1/1985 800-134 ATTO, BILLYJ& S WD 0 0.00 SYLVIA E Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area SF FS 2756 2756 1964 Year Effective Grade Condition Exterior Wall Fireplace o Remodedeled Age 4 A STANDARD ISG 43 16, 42CS2 8 10.I 8 MN Sketch: 3 )2756) 121 3 6 Out Buildings and Yard Improvements Qty Description Size Quality I General Purpose Barn 28x18 I Garage - frame unfinished, det 26x24 Next Item I Previous Item I Ledger Card I Prev Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search I New Search 2 of 2 10/2/20092:11 PM Real Estate -Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record 1 of 1 &nbspLast Updated 10/01/09 Parcel Number: 001-11672-000 Prev. Parcel Number: 114307-000-00 Type: Al Location: 12341 MARTIN RD Owner Name: GALLAGHER, JAMES F & DIANA L Mailing Address: 12279 MARTIN RD. FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 School District: FARMINGTON SCH, RURAL Tax District: 060 City: RURAL Legal: PT NW NW 6.62AC Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 35,600 4,512 Improvement 102,650 20,530 Total 138,250 25,042 Tax History Year Taxable Valoem Dist. Timber Voluntary A79 A79 Net Total Total Tax Payment Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 23,116 $1,135.00 $0.00 $0.75 $0.00 $0.00 V $1,135.75 $1,135.75 PAID 2007 21,190 $1,042.55 $0.00 $0.75 $0.00 $0.00 V $1,043.30 $1,043.30 PAID 2006 19,264 $970.91 $0.00 $0.75 $0.00 $0.00 V $971.66 $971.66 PAID 2005 19,252 $906.77 $0.00 $0.75 $0.00 $300.00 O $607.52 $607.52 PAID 2004 18,371 $873.72 $0.00 $0.75 $0.00 $300.00 O $574.47 $574.47 PAID 2003 17,490 $848.44 $0.00 $0.75 $0.00 $300.00 O $549.19 $549.19 PAID 2002 17,314 $753.33 $0.00 $0.75 $0.00 $300.00 O $454.08 $454.08 PAID 2001 16,527 $719.09 $0.00 $0.75 $0.00 $300.00 O $419.84 $419.84 PAID 2000 15,740 $598.91 $0.00 $0.75 $0.00 $300.00 O $299.66 $299.66 PAID 1999 15,740 $606.78 $0.00 $0.75 $0.00 $0.00 $607.53 $607.53 PAID 1998 15,740 $608.35 $0.00 $0.75 $0.00 $0.00 $609.10 $609.10 PAID 1997 15,740 $530.44 $0.00 $0.75 $0.00 $0.00 $531.19 $531.19 PAID Available Tax Payment Receipt(s) Year Receipt Payment Valorem Dist. Timber Voluntary Penalty Payment # Date Tax Tax Tax Tax Tax 2008 12743 04/27/2009 $1,135.00 $0.00 $0.75 $0.00 $0.00 $1,135.75 2007 14445 04/28/2008 $1,042.55 $0.00 $0.75 $0.00 $0.00 $1,043.30 2006 29832 4/25/2007 $970.91 $0.00 $0.75 $0.00 $0.00 $971.66 2005 35483 4/25/2006 $606.77 $0.00 $0.75 $0.00 $0.00 $607.52 2004 51642 6/28/2005 $573.72 $0.00 $0.75 $0.00 $0.00 $574.47 2003 22327 4/27/2004 $548.44 $0.00 $0.75 $0.00 $0.00 $549.19 2002 35721 5/8/2003 $453.33 $0.00 $0.75 $0.00 $0.00 $454.08 2001 14122 4/16/2002 $419.09 $0.00 $0.75 $0.00 $0.00 $419.84 2000 4861 4/24/2001 $298.91 $0.00 $0.75 $0.00 $0.00 $299.66 10/2/2009 2:13 PM Real Estate.Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnto.asp!S'I'... 1999 1961 3/29/2000 $606.78 $0.00 $0.75 $0.00 $0.00 $607.53 1998 12207 5/3/1999 $608.35 $0.00 $0.75 $0.00 $0.00 $609.10 Deed History Deed Sale Revenue Date Deed Ref. Granteel Grantee2 Type Amount Amount 6/24120052005-27779 GALLAGHER, & DIANA L. WD 145,000 478.50 JAMES F. SN 2005-27779 WD $478.50 REV(145M) FLEMING, 6/25/1990 1373-512 MARSHALL C., JR. & WD 64,000 140.80 NONA YOUNG, WILSON & WD 43,000 47.30 1/1/1985 1373-518 NAOMI Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area I SF MV 1816 1816 1968 Year Effective Grade Condition Exterior Wall Fireplace led Remodeled Age g e 4 A MASONVEN 1SG 39 r-12� 1 OP 1 2 12 2, 70 9 �21� Sketch: 3 MN 1 (1816) 2 MFA 2 2 (462) 2 I 23--'6 6 01 10 Out Buildings and Yard Improvements Qty Description Size Quality 1 Driveway, concrete 18x22 1 Outbuilding,metal b u i ld i n g, meta l 10x12 Next Item I Previous Item I Ledger Card I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search I New Search 2 of 2 10/2/2009 2:13 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?ST... Record I of I &nbspLast Updated 10/01109 Parcel Number: 001-11670-002 Prev. Parcel Number: 001-11670-000 Type: Al Location: 12375 W DOUBLE SPRINGS RD Owner Name: GOLDEN, GARY & KATHY Mailing Address: 12375 W Double Springs Rd Fayetteville AR 72704-9538 Lot: Block: S -T -R: 10-16-31 Addition: 10-16-31 School District: FARMINGTON SCH, RURAL Tax District: 060 City: RURAL Legal: PT N/2 NW NW 8.66 A Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 70,750 9,620 Improvement 30,250 6,050 Total 101,000 15,670 Tax History Taxable Ad Imp' Timber Voluntary A79 A79 Net Total Payment Year Valorem Dist. Total Tax Value Tax Tax Tax Tax Credit Status Tax Paid Status 2008 14,760 $724.72 $0.00 $0.90 $0.00 $0.00 V $725.62 $0.00 2007 13,850 $681.42 $0.00 $0.90 $0.00 $0.00 V $682.32 $682.32 PAID 2006 9,100 $458.64 $0.00 $0.90 $0.00 $0.00 V $459.54 $459.54 PAID 2005 8,532 $401.86 $0.00 $0.90 $0.00 $0.00 V $402.76 $402.76 PAID 2004 7,821 $371.97 $0.00 $0.90 $0.00 $0.00 V $372.87 $372.87 PAID 2003 7,110 $344.91 $0.00 $1.05 $0.00 $0.00 V $345.96 $345.96 PAID 2002 7,110 $309.36 $0.00 $1.05 $0.00 $0.00 V $310.41 $310.41 PAID 2001 7,110 $309.36 $0.00 $1.05 $0.00 $263.67 O $51.42 $51.42 PAID 2000 7,060 $268.63 $0.00 $1.05 $0.00 $268.63 O $1.05 $1.05 PAID 1999 7,060 $272.16 $0.00 $1.05 $0.00 $0.00 $273.21 $273.21 PAID 1998 7,060 $272.87 $0.00 $1.05 $0.00 $0.00 $273.92 $273.92 PAID 1997 7,060 $237.92 $0.00 $1.05 $0.00 $0.00 $238.97 $238.97 PAID Available Tax Payment Receipt(s) Year Receipt Payment Ad Imp. Valorem Dist. Timber Voluntary Penalty Payment Tax Tax # Date Tax Tax Tax 2007 1043618 07/15/2009 $681.42 $0.00 $0.99 $0.00 $124.13 $806.54 2006 1014979 04/14/2008 $458.64 $0.00 $0.99 $0.00 $73.45 $533.08 2005 58481 6/7/2006 $401.86 $0.00 $0.90 $0.00 $0.00 $402.76 2004 42320 5/17/2005 $371.97 $0.00 $0.90 $0.00 $0.00 $372.87 2003 47285 6/9/2004 $344.91 $0.00 $1.05 $0.00 $0.00 $345.96 2002 48039 5/30/2003 $309.36 $0.00 $1.05 $0.00 $0.00 $310.41 2001 117015 11/7/2002 $45.69 $0.00 $1.05 $0.00 $4.68 $51.42 2000 2625 4/5/2001 $0.00 $0.00 $1.05 $0.00 $0.00 $1.05 1999 1908 9119/2000 $272.16 $0.00 $1.05 $0.00 $0.00 $273.21 l of3 10/2/2009 2:14 PM Real Estate Parcel Information http://www.co.washington.ar.us/PropertySearch/RParce I lnfo.asp?ST... 1998 3550 9/29/1999 $272.87 $0.00 $1.05 $0.00 $0.00 $273.92 Deed History Deed Sale Revenue Date Deed Ref. Granteel Grantee2 Type Amount Amount 31912001 2001-65667 GOLDEN, GARY WD 0 207.90 & KATHY SLC FOR 2005: 0.17 A TRANSFERED TO #11669-000 HARVEY & MILDRED LUTTRELL (SEE SURVEY 2004-2962) BH 2001-65667 WD $207.90 (63M) RE-RECORDED TO SHOW CORRECT LEGAL 3/9/2001 2001-24959 GOLDEN, GARY WD 63,000 207.90 & KATHY WCS 2001-24959 WO $207.90 REV (63M) 11114/1991 1441-689 SMITH, PAUL D. WD 44,000 96.80 & BARBARA J. Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 MH FS 840 840 1974 Year Effective Grade Condition Exterior Wall Fireplace Age Remodeled Age 5 A STANDARD 33 -60 I 7 CS (420) 780 1 MH Sketch. 1 (840) 46 CS 6 60 0J 7BS 7 1BWD7 16p17 17 710—' L..p X10—�-16— —17 Out Buildings and Yard Improvements Qty Description Size Quality 1 Wellhouse Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 2 MH FS 910 910 1979 Year Effective Grade Condition Exterior Wall Fireplace Remodeled Age 5 A STANDARD 28 10/2/2009 2:14 PM Real Estate Parcel Information http://www.co.washington.ar. us/PropertySearch/RParceI Infoasp?Sf... 1 MH 1 Sketch: 4 (910) 4 r 6' B B Out Buildings and Yard Improvements Qty Description Size Quality I Outbuilding,frame 10x12 Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 3 MH FS 1792 1792 1996 Y Grade Condition Exterior Wall Fireplace g Remodeled Effective dee led Age e 5 A STANDARD 9 �64- 2 MH 2 Sketch: 8 (1792) 8 �64� Next Item I Previous Item I Ledger Card I Prev. Ledger Card I GIS Parcel Map I Return to Search Results I Modify Search I New Search 301'3 10/2/2009 2:14 PM APPENDIX A Understanding Ground Vibration/Airblast Levels and Damage )UIVD VIBRATIDWAIRBLAST LEVELS AND DAMAGE by R. Frank Chiappeaa, BSc., MSc. Exploivas Applications Engineer o Copyngh41992. BlmtivgAmlyvs Ivt®etiona rvc. Al Rights l awed 1. Ground Vibration Levels Required to Cause Damage to Residential Structures Them are two issues which need to be addressed regarding residential ownem located in the vicinity of blasting operations. The first is physical property damage which may result from the blast disturbances in the form of ground vibrations that propagate through the ground, and airblast (Le. overpressure) which navels through the air. In order for these two disturbances to cause real damage, they would have to contain certain specific traits in terms of then amplitudes, ductions and frequency relative to the structure of concern. The second issue is related to homeowner complaints in terms of then perception of blasting activities, regardless of whether any real damage resulted or not. The Inter issue is always mom problematic in trying to define or control through a simple aet of guidelines and/or Locat/ShtoA+edeml regulations governing all blasting activities. The United Stites Bureau of Mines, (USBM), published the results of an extensive series of tests regarding ground vibration levels which could cause damage to residential Ito 2 story homes in a Report of Investigation, 818507 (1981). lu this study, direct ground vibration and aiiblast measurements were made in 76 homes for 219 production blast. A typical home, using common construction materials, such as concrete, blocks, brick, drywall, plaster anda wood frame, was also built near a blast site and n nitomd as the blot got pmgressively closer. The ten home was monitored with extensive sensors and insrun nation systems to measure ground vibrations, airbtw, structural response, displacements, acoelemtions andthe breaking strains of individual component membem of the home in drywall, plaster, ceilings, walls, structure comers, doors and windows. Results were submitted for peer review by other industry experts, including the Office ofsurface Mining, asdfinaly published in 1981. This study was no doubt one of the best, most cientific and comprehensive amdies performedby an independent government organization, which correlated blast induced ground vibmtons to a damage potential for residential dwellings. Although the USBM study is still one of the best in existence, it does not cover all pmsible Ito 2 story residential structures, such as historical, log cabin, all masonry and mobile home st ictums. These structures may require a different set of damage thresholds. BLASTING ANALYSIS INTERNATIONAL, INC. A safe ground vibmtim damage criteria was recommended by the USBM in the form of agmph which is ilustmted in Figure 1.1. This is a plot of ground vibmtion amplitude versus frequency. The ground vibmrton amplitude (particle velccity) is measured in inchesheconds or how fast a pout on the ground or a stlucMue moves around its original rest petition. The frequency is measured in Hertz (Hz) or how many mui ]ations the pout makes around its original rest m Star[ poon over one econ Both the combined particle velccity and its associated frequency are important in determining if this combination has a high or low probability of damage to a residential dwelling. Safe Vibration Limit ( USBM RI 8507 ) I IC zoo ...... 1.0 oarvmu N=n eLASTFa SAFE GROUNn VIBRATION 0.1 LEVELS 0.01 10 100 Frequency ( Hertz Figure 1-1 THRESHOLD LINE OF COSMETIC DAMAGE BLASTING ANALYSIS IME¢NAIIO.WyLYG 2 Basically, the USBM graph says that if ameasumd ground vibration point and its associated measured frequency fats below the safe vibration lint line, (shown in the solid and partly dashed lives), the probability of physical damage is extremely low or non existent The safe wbration lint line represents the threshold or beginning of cosmetic damage, such as very small, barely viable hairline cracks in plaster and/or drywall. If a vibration point fats above the safe vibration lint line, (Le. above the threshold line ofcosmedc damage), the probability of real damage will increase. Itdoes not, however, necessarily mean that physical damage is guaranteed to occur. But, the higher the vibration point is above the safe limit line, the higher the probability ofdamage. Another way to look at this is in terms of a structure's elasticity, brittleness and breaking strain. lithe ground vibration amplitude and frequency causes any structural component member ofa home to exceed the breaking strain jut once, permanent damage will aceur. All parts of a home are designed to flex with some degree without damage, similar to the springs on a car. As long as the flex, twisting and bending is within the object's single limit, no damage will occur regardless of the number of times it is distorted. But pull the spring beyond its elastic, brittleness or breaking strain just once, and permanent deformation damage will aceur. Also, all homes go through natural setting in periods throughout its life due to a host of factors related to the construction, thermal strains and aging, on. Other than major structural or construction problems, minor defects, hairline cracks, separations, comer/waWceiling detachments and differential settling are often expected, regardless of whether the home is located near blasting operations or not. BLASTING ANALYSIS IM'e¢NnnONAL, INC. 2. Ground Vibration Perception and Annoyance The psychological response to blasting is an entirely different matter. Human perception to groundvibmdons andnoise usually occurs well below the damage thresholdine recommended by the USBM. (Refer toFigure2.1.) In addition, noiseisoften interpreted by the lay personas also being ground vibrations. Blast induced ground vibrations and aifilast (or noise) are two entirely different disturbances caused by blasting. Safe Vibration Limit ( USBM RI 8507 ) and Human Perception ( Goldman 10 g m7I uuroAAA "-� intcierable PLA TEP ' 0.50- --��- r o lJnpleasan m k 0.1 Perceptible 0.01 1 10 1 Frequency (Hertz) Figure 2-1 BLASTING ANALYSIS ILrrERNA'TIONAL, INC. 4 Although real strucfual damage will genemfly not ,cur in residences until ground vibrations are wellove 0.5 to 2.0 in/sec, (Figure 1.1) and then only underspecific frequency levels and conditions, humans will respond to ground vibrations and airblast at considetably lower levels, (Figure 2.1). The human perception is very complex because it depends on each person's tolerance level, the ambient noise level, displacement, velocity, acceleration, frequency, condition of the structure and rattling effects from lose construction, etc. Extensive studies by Chu in 1978, Nitro Nobel, United Stites Bureau of Mines (USBM), Blasting Analyse International, Inc., White Industdal Seismology, Inc., andothem deter®ned thathuman response to gmund vibrations and airblastam actually many orders of magnitude less than the levels that would even come close to producing actual damage. For example, the following effects were documented on humans from bluting activities: Ground Vibration Level Effects on Humane inch/second mmk Inpemeptible 0.001-0.003 0.025-0.076 Barely Femepfible 0.®3-0.01 0.O76-0.254 Detincdy Perceptible 0.01- 0.03 0.254 - 0.762 Strongly Femepfible 0.03 -0.1 0.062 - 2.540 Disturbing 0.1-0.3 2.540 -7.620 Very Disturbing 0.3-1.0 7.620-25.400 Itis evident from this data that ground vibration levels received ata structure in the order of 0.03- 0.10 inch/sec is quite perceptible, but the probability of damage is usually nonexistent. Likewise, levels in the range of 0.10 -0.3 inch/sec can be disturbing and levels over 0.5 inchkec can be very unpleasant, although permanent damage nuely occur. 3. Ambient Normality Another factor that can affect one perception of an event is "ambient normality". For example, blasting is a normal activity to a quarry operator in his operation, and thus, the gmund vibration/aifilast sensed by employees within the quany propeNes is a normal and expected activity. Likewise, the continuous noise generated from drilling, processing and vehicle traffic is often oblivious to employees because these am normal and expected in a quarry. However, if low flying jet plane suddenly and unexpectedly flew over the quarry, this could startle the quarry operators into fling a complaint, even though the noise level may be weft below the damage threshold. Similarly, ablest event a usually pemavedby msidentialhomcownem as abnormal, especially if the disturbance occur during periods of the day when ambient levels am low, and/or when the blast event is unexpected. In any case, the human perception is so acute that even very low ground vibrations can be felt within the community, but no souctuml damage generally occurs. This is always avert' difficult concept for homeowners to grasp, uvdemtavd and/or accept. BLASTING ANALYSIS INrERNnnONAL, INC. 0. Surface Blast Vibration Levels to Damage Steel and PVC Transmission Pipeline A number of studies were conducted by various researches and organizations on the effects of Muting near steel and/or PVC pressurizes pipelines. The explosive weight per delay varied from as low as 3lbe (1.] Kg) ro as high as 9 tons (9000 Kg) at dstances of 6 ft (1.9 m) towe0 over 1000 ft (305 m). Materials condsted of ands, rocks and coal mine overburdens. Pipeline diametem varied from 6 inches (152 mm) to 30 inches (762 mm). In all cars, the levels required to cause permanentdamage, deformation, depressodzation and/or breaks were atleast an order of magnitude greater than the ground vibration levels generated from typical commercial Muting operations, (i.e. quarries, constluction, coalmines and open pits.) In the USBM studies (Siskind et all 1992), it was concluded that buried pipelines are relatively resistant to bleatvibrations. In fact, it was reported that no failures or damage of any kind occurred from bleating as close as 50 ft (15 m), which produced ground vibration levels of over 24 incec (600 mm). 5. Typical Ground Vibration and Alrblast Levels Produced by Non -Blasting Activities and Events Tables 5.1 and 5.2 Mournte typical vibration levels produced from normal household activities and other events. Note that normal household activities, such as running, exercising, doorwivdow slams can generate vibration levels between 0.10 to 1.30 in/sec. Even the simple act of just hammering nails into a wall to hang pictures up can produce vibration levels between 0.50 to 3.90 incee. Daily envvovment l strains on a dwelling resulting from changes in humidity, temperature, wind andprecpitation, etc. can produce vibration levels ranging from 1.0 to 3.0 incee. lithe dwelling is constructed during pedods of rain or high humidity and not allowed to properly dry ordain during each ph ne of the construction, ahigher frequency of irregularities wouldbe expected during the initialaettlivg-in period. lightning and thunder during an electrical storm is also a direct vibration source, which is often overlooked because this is anatuel phenomenon. In some cases, electrical storm activity hea produced ground vibration levels up to 0.40 in/sec and aifileat levels exceeding 140 dB. These often exceed the levels produced by blasting. BLASTING ANALYSIS INrERNnnONny INC. TABLE 5.1 Typical Ground Vibration and Airblast Levels Produced by Non Blasting Activities and Events Homan Household Activities 1 Walking 2 Running 3 HeelDmp 4 Low to highjump on floor 5 Entrance door slam 6 Sliding glass door slam 7 Hammering nails to hang pictures Induced Strain on Structure Daily environmental strains on stmctum resulting from changes in humidity, temperature, wind and precipitation. Lightning and Thmder Country Wide Expected Vibration Level (tn/secl 0.03-0.16 0.10-0.50 0.16-0.65 0.12-1.20 0.15-1.90 0.50-1.00 0.50-3.90 Expected Vibration Level (iu/secl 1.0-3.2 Expected Vibration & Airblast Levels Up to 0.4 in/sec Up tol40+dB BLASTING ANALYSIS INTERNATIONAL, INC. TABLE 5.2 OTHER NON BLASTING SEISMIC SOURCES Inch/Sec. From USBM fatigue study test -house in Indiana (RI 8896, Stagg, et al, 1981) Jumping on the floor& waking 0.10-0.50 Humidity change inside (10 pct) 1.0-2.4 Temperature change inside (AWl?) 1.0-3.2 Wind 0.6-2.6 From five homes in Penna (Fang,1976) Temp. and humidity over? days 1.75-3.1 Auto traffic 0.04-0.20 Pushing on the wail 0.025- 0.36 From UK studies at Leeds University (White et aL,1993) Outside tempenWre changes (A1S F) >0.34 Pushing on wattneardoorway 0.6-1.2 Pushing on watt next to window 2.4 Heel drop andjumping 0.15-0.9 From ISEE paper by Shams, et aL, 1994 Closing door 0.3 - 0.45 From Sutherland, et aL, 1968 Wind (50 mph) 1.1- 6.7 From ISEE paper by Sbkind, et aL,1996 Temperature outside (AI0"f0 0.5-1.7 From Dowding, 1996 Temperature and humidity 0.75- 2.6 BLASTING ANALYSIS INrERNnnONAL, INC. Q Repeated Blasting A legitimate concern which often comes up with homeowvem is that of repeated blasting. Even when ground vibration levels are kept low, could repeated blasting over the years cause fatigue and ultimately damage? The USBM also investigated this and published a report with their main conclusions as follows: "Cosmetic arlairline cracks O.01 to 0.10mm wide occurred during construction of the house and aka dung periods when no blartr were detonated The formation of cosmetic cracks increa,edfrom 0.3 to 1.0 cords perweek when ground motions exceeded 1.0 ink. Human activity and changes in temperature and humidity caused strains t., waits that were equivalent to those produced by ground motions Sc to 1.2 ink. When the entire structure was mechanically shaken, the fimtcmc: appeared q(kr54OW cycles, the equivalent of 28 yin ofshakNg byblast-generated groundmotions of U.S ink twice a day." Foresample, if we take the avenge vibntion levelof0.2 in/sec genentedftom blasting activities in the Northeast USA, structure fatigue from blasting alone would not set in for at least a few hundred years. For mat residential dwellings, this period of time is well within the structures natural aging and degradation fatigue. BLASTING ANALYSIS INTERNATIONAL, INC. 7. Alrblast Levels Required to Cause Damage Airblast or impulse noise is generally the number one cause of complaints because this i5 what a homeowner hears and senses, even at very low non damaging levels. Table 7.1 lists typical airblast levels versus human responses. Cracked windows are usually one of the first signs of airblast damage, but require minimtm levels of 145 -150 dB. However, levels between 125 - 140 dB can be extremely loud and in many cases quite intolerable. Lome window panes, doom and/or poor construction will usually enhance the star0ing effect, making the disturbance sound much more devastating than it really is in trams of permanent damage, pardcuWly when the blot is unexpected TABLE 7.1 TYPICAL OVERPRESSURE, AIRBLAST AND NOISE LEVELS Sound Pressure(dE) Source. Activity. Response and Damage 90 OSHA maximum for 8 hours 90-100 Normal to loud conversation 110 Perceptble,complaints begin 112 Complaints vary depending on ambient levels 115 Perception increases, complaints increase 120 Threshold of pain for continuous sound 125-130 Sounds very loud, rattling effect, no damage 140 OSHA maximum for impulse sound, intolerable 150 Some windows begin to break 170 Most windows break 180 Strucmmldamage BLASTING ANALYSIS INrERNATIO.WymG 10 & Natural Construction Causes of Cracks in Wage and Celtlugs The architect's Small House Service Bureau of the United Stites published a list of 40 reasons why walls andceilings muck: 1. Building a house on a fdl 2. Failure to make the footings wide enough 3. Failure to carry the footings below the front line 4. Width of footings not made proportional to the loads they can 5. The posts in the basement not provided with separate footings 6. Failure to provide abase raised above the basement floor line for the settling of wooden posts 7. Not enough cement used in the concrete B. Dirty sander gravel usedin theconcrete 9. Mmmr, plaster, or concrete work allowed to freeze before setting 10. Wood Beams sparred too long between posts 11. Wooden beams used to support masonry over openings 12. Failure to protect beams and sills from mixing through dampness 13. Braces omitted in wooden walls 14. Sheathing omitted in wooden walls (except in "back -plastered construction) 15. Wooden walls not framed so as to equalize shrinkage 16. Selling floor joists one end on masonry and the other on wood 17. Floorjoists too light 18. Floorjoists placed too fir apart 19. Failure to use double joists under unsupported partitions 20. Floorjoints not bridged. 21. Subfloodng omitted 22. Supporting poets too small 23. Cross beams too light 26. Failure to erect tni es over wide wooden openings 25. Rafters too light and too far apart 26. Laths plated too close together 27. Laths run behind amds at comets 28. Metal reinforement omitted in pmamr at covets 29. Metal reinforcement omitted where wooden walls join masonry 30. Metal lath omitted on wide expanses of ceiling 31. Poor materials used in planer 32. Plumr applied too thin 33. Plumr applied directly on masonry at chimney stock 34. First coat of pmamr not pmpedy keyed to backing 35. Plumr applied on laths that am too dry 36. Too much cement in the amao 37. Stucco not kept wet until set 38. Toofew nails used 39. Subsoil drainage not carded away from walls 40. Drainage water from mof not carded away from foundations BLASTING ANALYSIS INrERNATIONay INC. 11 9. Common Defects which Occur In Homes and are Completely Unrelated to Blasting A number of common and normal defects in newly constructed homes and throughout the trucdre's life cycle are listed below. Every home will experience some of these defects regardless of whether it is located near blasting activities or not. 9.1 Masonry and Concrete 1. Concrete foundation will mattes. Shrinkage oraetdemev[cracks within lB inch (3.2 mm) are common and should be expected within certain tolemnces. 2. Cracks in blocks or veneer walls (blocks bricks and molter joints). Settlement cracks up to 3/8 inch (9.5 mm) are common and should be expected within certain tolerances. 3. Cracks in concrete hasenuat floom. Shrinkage (i.e. hairline cracks are common and should be expected within certain tolerances. Any cracks greater than 14 inch (6.4 mm) in width or 1/8 inch (3.2 mm) in vertical displacement are abnormal and should be investigated further. 4. Verticalorhothont1movenntofconcfl floorfloortb atjoints. Concmte floorslabs are engineered to move at expansion and contraction joints. Thus, some differential displacement can be expected. 5. Cracks in atlached estate or vatio slab. Shrinkage crocks within 14 inch (6.4 mm) in width or 1/d inch (6.4 mm) are common and should be expected within certain tolerances. 6. Concrete floors in moms designed forG' having r These can our for slopes specifically created for drainage. 7. Concrete tb cmcks which cause finished . These are generally rare, but could occur fora number of reasons. 8. .. . These canbe caused by poor materials or emsion due to salt, chemicals or unusual weather. 9. hpdni1 nanflai of gb away fran the hoo Minor separadovu normal as is ®nor puddling of min water. Separation of mom than' inch (25 mm) or excessive waterpuddlivg is not normal andshould be investigatedfur ter. BLASTING ANALYSIS lmaananonsyINC. 12 9.2 Lot Grading and Drdvage 1. Ground etdementfoundation, utility trencheL or other filled aloas. Ground settlement should not disrupt water drainage away from the house. Settlement around the foundation, at utility trenches and other filled areas of up to 6 inches (152 mm) should be expected in new homes less than 3 years old. 2. I®mcer grades and wale. These can cause standing water and could affect drainage in the immediate area surrounding the home which in turn could affect the foundation. After a normal rainfall, water should not st nd in the yard for mom than 26 hours nor 68 hours in swales. 3. Prjg�. Water not properly collected and channeled away from the foundation walls, stairs, walkways and driveways, etc. can cause differential settling and some damage can be expected This is usually the number one cause of most minor and major damage claims. 9.3 Chimney and Fireplaces 1. Chimney seoaated from home. Minor sepuations of up to 12 inch (12.7 mm) over a 10 ft (3m) measurement are normal and should be expected within certain tolerances. 2. Cracking offnchdck. It is expected that heat and thermalstmim will eventually cause cracking. 3. Fireplace brick veneer tacking. Some cracking up to 14 inch (6.4 mm) is expected. 9A InteriorWans and THm 1. Sevanfon at ioutu. Some sepamdon atjoiats in moldings avdbetweev moldings and adjacent surfaces is normal and should be expected up to 1/d inch (6.4 mm). 2. Watt or ceiling cracks. Hairline cracks, seams or tape cracks and light imperfections up to 1.8 inch (3.2 mm) are normal and should be expected within certain tolerances. 3. Nail These are quite tummy in homes and are due to contaction and expansion oflumberpmducts. 4. Cracking of ceramic tile. Cracking ofgmutjoit is common and shouldbe expected. 5. Cracks at cernets. Window and door curvets are stress points in any structure and minor horizontal, vertical and diagonal cracking can be expected. BLASTING ANALYSIS INTERNATIONAL, INC. 13 9.5 ExlerIor walls 1. Qacks in to o wall finish. (Sacks in sWao wall fviahes up to I/B Inch (3.2 ®) are common and should be expected. 2. Bricks separating orcncked. Mmorseparadonandisolated cracking of individual bricks are normal and should be expected. 3. Seuaradon ofcanikinp. All caulking wileventually shdnk and some separation from watt, window, door, chimney, etc. is expected. 4. Bulcedsidine. Some® nor bulging is expected due W warping of underlying materials. 9.6 Cabinets and Counter Tops Sons separation up W 1/d inch (6.4 mm) is common and should be expected within certain tolerances. BLASTING ANALYSIS IBrrananoNAL, INC. 14 10.0 References Borg, D.G., Chiappetla, R.P., Marhard, R.C. & Steiner, V.A.,1987. Explosives and Rock Blasting. Chapter 11, pp 321410, Adas Powder Company, 662 pp. Dowding, C.H., 1996. Construction Vibrations. Prentice Hall, 610 pp. Pang, H.Y.,1976. Field Studies of Structural Response to Blasting Vibrations and Environmental Effectr. Lehigh University. Simms, D.R., 1994. A Good Neighbors Policy", the Evolution of 0 & G IndusMes, Inc.S Public Relation Policy Working with Local Towns. Pmc. 12th Annual Conf. On explosives and Blasting Techniques, Society of Explosives Engineers, Austin, TX, pp 46'1-4'18. Siskind, D.E., Stagg, M.S., Kopp, I.W. & Dowding, C.H., 1980. Structure Response and Damage Produced by Ground Vibration from Surface Mine Blasting. U.S. Bureau of Mines RI 8507,'14 W. Siskind, D.E., Stachun, V.I., Stagg, M.S. & Kopp, I.W., 1980. Structure Response and Damage Produced by Airblastfrom Surface Mining. U.S. Bureau of Mines 818495,111 W. Siskind, D.E. & Stagg, M.S., 1994. Surface Mine Blasting Near Transmission Pipelines. Mining Engineering Journal, December Issue, Volume 46, No.12, pp 1357-1360. Siskind, D.E., Stagg, M.S., Pierre, WE. & Crum, S.V.,1996. Low -Frequency Blast Vibrations ata High Water Table Site. Pmc.12th Annual Symp on expletives and Blasting Re earch, Society of Explosives Engineers, Odando, FL., pp 21-31. Stagg, M.S., Siskind, D.E., Stevens, MG., & Dowding, C.H., 1984. Effects of Repeated Blasting an a Wood Frame House. U.S. Bureau of Mines 818896, 82 pp. Sutherland, L.C.,1968. Sonic and Vibration Environments for Ground Facilities ...A Design Manual. Report for NASA, Contract NASB-11217, 633 W. TLaenen, IR. & Windes, S.L.,1942. Seismic Effects of Quarry Blasting. U.S. Bureau of Mines Bulletin, 442, 83 pp. White, T., Parnfield, R., & Kelly, M. 1993a The Effect of Low Level Blast Vibrations and the Environmenton a Domestic Building. Pmc. 9th Annual Symp. On Explosives and Blasting Research, Society ofExplmives Engineers, San Diego, CA, pp 71-81. While, R., Parnfield, R, & Kelly, M., 1993b. The Effects of Surface Mine Blasting on Buildings. Proc., 4th International Symp. On Rock Fragmentation by Blasting (Pragblast4), Vienna, Austria, pp 105-111. BLASTING ANALYSIS INTERNATIONAL, INC. 15 APPENDIX B Selected Particle Velocity Damage Criteria SELECTED PARTICLE VELOCITY DAMAGE CRITERIA Selected particle velocity damage criteria are listed as follows: 1. Langefom, Kihls[mm, andWesterberg(1951): Particle Vebcity Damage 2.8 in.hec No noticeable damage 4.3 in.hec Fine cracks and fall of plaster 6.3 in.hec Cracking of plaster and masonry walls 9.1 in.hec Serious cracking 2. Edwards and Northwood based their criteria in correction with the St. Lawrence Project in Canada (1959): Particle Vebcity Damage ≤2 in./cec Safe; no damage 2-4in.hec Caution >d in./cec Damage 3. USBM (1901): Particle Vebcity Damage <2 in./cec No damage 2.0 - 4.0 in./cec Plaster cracking 4.0 -7.0 in./eec Minor damage >7.0 in.hec Major damage to structure 4. Canmet,Bauer, and Calder (1977) established damage for equipment and structures: Pattice Velocity at Type of$hutere Type of II which Da®geSb%dx ItigiAty mourned nemury ewi¢W 'hip out 0.5 ia/eec Houses Plaster cracking 2 m./seu Cmcmte blocks m anew home (racks in book 8 in./eec CaWdill hdw Horizontalofaa 15 inhec Mechmicel a uipnent, pumI canpreasae Shts misaligrod 40 inha Pmfeleimtd mad building on co rate pads Cracked pods. building 60 ids¢ twisted and dismmd APPENDIX C Farmington, AR Quarry - USBM Data Plot (03/09/09 to 09/08/09) - Seismic/Airblast Measurements Obtained in the Surrounding Community a iiiiin�iiiiii• iiuu i� 111•ih ■IISIII•■IIIII.■ III.I. ■IIIIIIInIihII■ IIIIII IIIII9UIIIIII� IIIII 1iiiui•illllle IliuM 1111111 uii•uri iiIIif•■III... m•uvi�liin■��m���� 111■Ihi€II 111111� II 1111114 II !lIIII� IIIur ii !uu ., IIIII■I iii' null 111111 I� (MBN(wA l 1101WAIA mm VIBRA-TECH EVENT SUMMARY ROGERS GROUP FARMINGTON QUARRY ZIMS DATA 04/2109 0t58 PAl 0504 NE OF Pr 7a) Ft. 485 128 0.0044 O.5 81 0.270 88 0.8 88 0.20 05/19109 O5 FM 87 NE OF Pr 7 Ft. 481 l4 0.004 0.048 03 0.423 50 0.395 28 0.020 05/19109 05 PM 85 #1 - NEAR THE WARD RES. 84 Ft. 481 l0 0.0O31 0425 7 0.018 10 0.018 0 0.8 05/19109 05 PM 87 #2- NEARTHEMAIN RFS. 2)5 Ft. 481 110 0.0025 0.040 17 0.038 14 0.053 l 0.8 05/19109 05 PM 0500 fl- NE MARK RCH RE4TAL 4875 Ft. 481 00 0.02 0.025 0.018 50 0.025 0.008 05/19109 PM 0550 #4 - NE THE AUSTIN RES. 1452 Ft. 481 110 0.0027 0.133 40 0.08 80 0.123 36 0.020 05/19109 05 FM 0455 #5 - NEARTHEGALLAGE RES. l2 Ft. 481 118 0.23 0.048 50 0.048 40 0.070 40 0i0 05/19109 05 FM 0017 #0 - NEAR THE CRLJULFV RFS. 2501 Ft. 481 117 0.0O 0.055 10 0.050 O 0.055 I 0.010 G7/2l4 1141 MI 97 NEOF Pr 9 Ft. 440 127 0064 0.(8 0. 18 0.160 10 020 08/04109 l:l4 PM 07 NE OF Pr 000 Ft 404 110 0.09 0.105 4 0.100 0 0.105 10 0.00 08/18109 I :l 8 FM 87 NE OF Pr 010 Ft 40 15 0OJ49 0.108 14 0.185 10 0.170 II 0420 ll;ll MI g7 NEOFPr 677Ft 415 118 0(8 0.660 89 0.668 25 0.525 46 0.(0 09/08109 II;I2MA g7 NEoFPr 804Ft 40 112 0.0013 0i5 0 0425 I 0420 18 020 CONTINUOUS SEISMIC RECORDER APPENDIX D Farmington, AR Quarry - Linear Regression Analysis (03/09/09 - 09/08/09) Rogers Group - Farmington Quarry Linear Regression Analysis 03/09/09 to 09/0&09 RUsting.Analysis IntenuM1ond. Inc. GROUND VIBRATION/AIRBLAST DAMAGE INSPECTION Ward Residence 1048 North Hamstring Road Fayetteville, AR 72704 (Claim No. P413 129 779) Preparedby R. Frank Chiappeaa BSc., MSc. Explosives Applications Engii er BLASTING ANALYSIS INTERNATIONAL, INC. Explosives, Seismic & Mining Specialists 371 Daniel Street, Allentown, PA 18104 (610) 530-7415 • fax (610) 395-5552 btutnganaly is@mn.com TABLE OF CONTENTS SUMMARY OF CONCLUSIONS, RECOMMENDATIONS AND OPINIONS .........................1 1.0 INTRODUCIION.............................................................................................................. 6 1.1 Ward Residence .............................................................................................................. 7 1.2 Concerns Voiced by the Owners .....................................................................................7 2.0 RESULTS OF INSPECLION— EXTERIOR OF HOME..................................................9 2.1 Norm Side....................................................................................................................... 9 2.2 West Side...................................................................................................................... 13 2.3 South Side..................................................................................................................... 17 2.4 East Side........................................................................................................................ 21 2.5 Cmwl Space.................................................................................................................. 23 2.6 WaterWell .................................................................................................................... 25 3.0 RESULTS OF INSPECLION—INTERIOR OF HOME.................................................28 3.1 Living Room................................................................................................................. 29 3.2 Kitchen -Dining Area..................................................................................................... 31 3.3 Hall to Bedrooms.......................................................................................................... 36 3.4 Bathroom....................................................................................................................... 35 3.5 Bedroom No. I .............................................................................................................. 31 3.6 Bedroom No. 2.............................................................................................................. 31 3.7 Bedroom No. 3 (Master Bedroom)............................................................................... 38 4.0 BLAST DESIGN REVIEW AND SEISMIC/AIRBLAST ANALYSIS .......................... 40 4.1 Seismuc/Aifilast Results ............................................................................................... 60 4.2 Vib,ation Levels Plotted on USBM Damage Cdtaia..................................................40 4.3 linear Regression......................................................................................................... 62 4.4 AGblut Results............................................................................................................. 65 4.5 Vib,ation/Aifilast Regulations ..................................................................................... 65 APPENDIX A Understanding Ground Vibration/AGblut Levels and Damage APPENDIX B Selected Velccity Damage Cdtaia APPENDIX C USBM Data Plot Seismic/Airblast Measurements Obtained in the Community APPENDIX D Linear Regression Analy is GROUND VIBRATIONIAIRBLAST DAMAGE INSPECTION Bradley Ward Restdence 1018 North llamtring Baal Fayetteville, AR 72701 SUMMARY OF CONCLUSIONS, RECOMMENOATIONS AND OPINIONS Blasting Analysis International, Inc. (BAI) completed a full blot damage inspection of the Ward residence and waterwell on Augns[27, 2009 with an emphasis on the majoramas of concern void by the owner. Analyse consisted of a complete external and internal on -site inspection of the home and water well, a mview of the blztdesign parameter usedat the quarry, eismicIairblast measurements taken in the community between 034)9/09 and P9/08d)9, comparison of the data against the USBM damage criteria anda linear mgmnsion analysis. The Wardhome was located approximately 3,1® feet (0.6 miles) from the blast zones. Primary conclusions, opinions and recommendations am summarized as follows: 1. Blasting did notcontributeto any ofthe claimed structural damages pertainingto the Ward residence or water well, even asa minor aggravating factor. 2. No local, State or Federal laws were violated pertaining to the maximum allowable ground vibration orairblast levels. 3. According to the owner, the claimed structural damages to their home occurred within the first two months after they moved into their now home during the January -February, 2009 time frame. Blasting from the Rogers Group Farmington quarry in 2109 did net start until 03/09N9. 4. A total of 20 verifiable seismic/aeblzt measurements and their accompanying relevant blast design parameters were reviewed and analyzed for the period between 03/094)9 and 09/08/09. All of the seismic measurements wem obtained at distances varying from approximately 680 to 4,375 feet from the blast zones. The maximum explosive weight per delay used on the blasts varied between 34 and 526 pounds. This data were analyzed in two ways. First, the seismic dam was plotted against the USBM damage critedagmph for 1-2 story residential stmctures, to determine the blast damage potential Second, a linear Ingmrion analysis was performed on the data to determine BLASTING ANwla® INTERNATIONAL, INC. the wont pmsible vibration levels to reach the Ward readevice, even if no direct measurements were obtained at the Ward residence. 5. Direct ground vibration measurements at the Ward residence ranged from No Trigger to 0.025 inhec. 6. Aceording to the United States Bureau of Mines (USBM) damage criteria established fort to 2 story residential stluct res, minimum vibration levels ofatleast 0.50 in/sec would be required to cause cosmetic surface haidine cracks in plaster; 0.75 to 2.00 in/sec to cause drywall cracks depending on the wave frequency; 3 to 4 in/sec to came cracks in mortar fdl, mortar finish or bricks; 2.0 to 2.4 to cause cracks in freshly poured concrete (0- d hours); d to 8 inhec ro cause cracks in fully cured concrete (7- 10 days); and 10 to 40 inhec to cause structural distortions, such as wallsrceilings to separate, frames to distort, floors to sag or lift up and doorways to go out of alignment, etc. The correct combination of the vibration wave frequency matching the resonant frequency of the structure, and very long shot durations must also be present to nucleate the onset of any new cracks. 7. Aplotofallthe seismic data against the USBM damage thresholdgraph clearly showed thatnone of the vibration levels ex eded the damage threshold for drywalt This applies to any residential or commercial stmcture in the surrounding community, including the Ward residence. 8. The weakest structural component member in the Ward home was the drywall, which required minimum vibration levels of 0.75 to 2.0 in/sec., depending on the predominant frequencies, to cause cracks. Now of the vibration levels in the surrounding community exceeded the damage threshold for drywall at the Ward home. In addition, no blutinduceddrywalcncks were found anywhere in the Wardhose. Since blasting did not contribute to any drywall cracks, it negates all of the claimed damages pertaining to the Ward home, because all of the other material and stuctual damages required contadenbly higher levels than the vibration levels required to cause drywall cracks. 9. A linear regression analysis was also performed on the data to estimate or predict what the avenge and worst case vibration levels could be expected at the Ward home. Linear regression is a reliable statistical mathematical means of predicting the expected BLASTING AnALVSss Irtl'F.m'Unonpywc. vibration levels at distances which were closer, in between, or farther away from where the actual eisrmcaiblast measurements were taken, within reasonable tolerance limits. Both the avenge and upper 95% confidence intervals were used in the analysis. However, only the more conservative and restlictive upper 95%confidence interval was used in forming the final conclusions. 10. if we take the largest weightofesplmives used per delay on the blots as 524 pounds, anda distance of 3,100 feet the home would have received on average, a vibration amplitude of 0.04 in/sec. This seismic disturbance would be equivalent to the vibration levels measures on a kitchen floor from an adult walking normally anon the floor. 11. If we now aame the wont possible case condition by using the more restrictive 95% upper confidence limit line of the regression analysis, the maximum weight of explosives used on a blast as 542 pounds, anda distance of 3,100 feet from the blast zones; the maximum possible vibration level which the Ward home could have received would have been no roam than 0.07 in/sec. This is a very conservative estimate because the calculations aame that Igll of the shots between 03MA9 and 09A8/09 were fired with 524 the per delay, even though the majority of the blots were fired with much lea explosives. The linear regression analysis also clearly showed that the highest possible ground vibration levels to reach the Ward residence could not have caused any damage to the home or water well. 12. The vertical mortar tracks along all of the block foundation walls were most likely caused by a combination ofweathedng, mortarfill shrinkage, and inadequate drainage around the foundation walls of the home. Vibndov levels between grid uhee would be requiredto cause mortar fill tracks. Ifwe aame that blasting caused the mortar tracks along the foundation wall blocks, extensive drywall cracks would be expected in every mom in the home, but this was not the case. 13. The home was situated on flat ground, and them were no gutter or downspouts installed anywhere on the home to drain run-off roof water away from the foundation walls of the home. Although the trawl space was dry at the time of the blest damage inspection, it was obvious that water had accumulated in the trawl space in the past, particularly along the back South foundation watt. Them was no drainageayatem in the trawl apace to channel water away from underneath the home. BLASTING An ALla® INTERNATIONAL, INC. 14. Water getting under the foundation base of any stnrcmm will eventually lead to some northing through wet/dry, freeze/thaw and thermal cycling over prolonged periods. Minor settling was beginning to show by the stepped hairline mmhr fill crack in the foundation wall blocks along the back South wall near the SW cover. Stepped mrtar crocks are indicative of some settling. Unless the inadequate water drainage problem is permanently corrected, the ownem can expect accelerated settling along the foundation walls, new mmhr fill cracks to develop, and existing cracks to widen and elongate overtime. Moderate to severe foundation watt settling will cause (loom to go off level, comer walljuncrtoos to separate, and doom/windows to become offset from their frames. Vibration levels of between 2 and20 in/ ec would be mquiredto affect the integrity of the soil around the concrete poured footers for the foundation walls and the center block support in the center of the crawl space, depending on the soil characteristics and footer depths below the frost line. 15. What appeared to the owners as cover wall separations in the NB comer of the dining room andin the SE corner of the master bedroom were nothing more than paint shrinkage. Vibration levels of between 10 and 60 in/sec would be mquired to cause comer watt junctions to separate. 16. The straight-line drywall crack found on the South watt open entrance to the hallway was along a tape seam. Blasting does not cause perfectlyetmight-line cracks in drywall. Typical blast induced drywall cracks are always diagonal in nature, because all walls are plavars[mcturos. Vibaton levels of between 0.75 and 2.0 in/sec would be inquired to cause drywall cocks, depending on the associated frequency with the peak vibration level 17. Blasting had nothing to do with the water well filter having to be replaced on a weekly basis. The well was 70-80 yearn old, and the floor of the water shed was completely water saturated, implying that them could be aleakin theeyetem. This problem was stringy related to the age and maintenance schedule of the water well. Blasting did not cause the water table to drop, damaging the well or causing the dirty water. Minimum vibration levels of at least 5 inhec would be required to affect the well casing, fittings or water containment mnorvoir. BLASTING AX4LVSss IM'F.BNNTYONNy INC. 18. In terms of a1blu4 levels of at least 150 dB would be required to cause strucnual damage, usually stlrting with cracked windows. The highest airblast level recorded in the residential community was 12'1 dB on 0721,V9, at ad st nm 932 feet Bom the blur zones. The Ward residence was 3,100 feet from the blast zones. This level was not high enough to have caused any of the claimed structural damages. However airblast levels of 125 dB or greater could have been "felt, heard or cened" by cccupuB in the home. Sensing, hearing or feeling the effects of airblast does not mean that permanentstluctural damage was ustained. This i5 perhaps one of the most difficult concepts for mmthomeownem to uceptor understand. Refer to Appendix for a more detailed aceount of the psychological response to airblast 19. The homeowners can rest assured that blasting from the Rogers Group Farmington query is not causing any stmcNml damage to their home or causing the dirty water in their water well. BLASTING AnALVSss Irtl'F.m'U honpywc. 1.0 INTRODUCTION Blasting Analysis International, Inc. (BAI) was commusioued by the Rogers Group insurance company to conduct an independent bleat damage inspection of the Ward dwelling, which was located at 1048 North Hamstring Road, Fayetteville, AR 72704. The dwelling was located approximately 3,100 feet (0.6 miles) from the bleat zones. The investigation also included a review of the detailed bleat design parameters and ceumic/airblzt measurements obtained in the surrounding community during 2009. The purpose of this investigation was to determine if the alleged damages resulted from the quarry blasting and%or if the damages were caused by other sources and/or activities. This report u based and qualified on the following: 1. An on -site inspection of the Ward dwelling on August 21, 2009. 2. A review of the blast design parameters used at the quarry. 3. A review of all ceurmc/aubleat measurements obtained in the surrounding community in 2009. 4. Meetings and/or discussions with representatives from the Rogers Group, Austin Powder Company, Vibra-Tech Engineem, and one of the homeowner. 5. Digital photographs and field notes pertaining to the Ward home. BAT is an international engineering consulting group specializing in bleat damage amessments for madddential and commercial structures, blasting audits, custom bleat designs, bleat monitoring instrumentation and Vining. To date, BAT has evaluated, mnitomd, designed and/or supervised over 6,7W fulacale blasts spanning 25 counvies, including hundreds of bleat related property damage claims. Such projects included the entire fist major Expansion and Deepening of the Panama Canal between 1995 and 2002. BAl certifies that itis completely independent and is not amaiated with the financial busivea activities of the Rogers Group, the homownem, the Austin Powder Company or Vibra-Tech Engineers,normthe saleofexplosives and/orrcckpmducta. Ourservices wensm iuedstdctly as an independent engineering funs to eases the alleged damages from an engineedng and scientifcslandpoint. BLASTING ANwla®INTERNATIOnpy INC. 1.1 Ward Residence The Ward residence is acne story structure built over acrawl apace on concrete block foundation wags. The center supports were grouted concrete blocks, which were placed on concrete poured footers. The siding along the exterior wags of the structure consisted of a decorative concrete based material which looked like wood aiding. The home was completed in eady20D9, making it appmximrtely8-9 mntha old The current owners moved into the dwelling in the January -February, 2009 time from. A ]0 -80 year old water weft was also on the Ward property. Common materials used in the construction of the hors were concrete blocks, mortar fill, concrete based aiding, asphalt shingles, word board flooring, drywall, wood frama, and wood/aluminum framed doom and windows. Utilities consisted of central electric heat, central A/C, well water and aseptic tankaystent 1.2 Concerns Voiced by the Owners A number of concerns were voiced by the owners regarding blasting from the quarry: Exterior of Home Cracks on all sides of the home, along the mortar fill in the block foundation watt blacks. Some mater fail deterioration along the foundation watt blacks. Interim ofHom Corner walljunction separations in the diving area and master bedroom. Drywall crack at the hallway entrance. Filter needed to be replaced every week due to dirty water. BLASTING ANwxa®Irt emSATIGNAL, INC. According to Mr. Ward, his initial main concerns were with mortar cmcks/separations along the foundation wall blocks of the home, and the necessityof having to replace the water wait filter every week Accordingto the owners all of these problems accurred within l-2 months after they moved into their new home in January -February, 2009. It should be noted that the first bleat at the Farmington quarry in 2009 did not tske place until 03/09A9. Mr. Ward stated that the water well was at least 70-80 yearn old, which went back to his grandmothefs day. Mr. Ward does not mean ever having to replace the water well filter as frequently as every week He believes that blasting affected the water able, damaged his well, and was the cause of the dirty water. Mr. Ward stated that he was very pleased with the blast levels form the quarry within the last 2 to 3 months, compared to bleating within the firs[ quarter of 2009. If the blast levels could remain as they are currently, W. Ward stated he would have no bleating concerns. W. Ward stated that his greater concern with bleating was from the nearby dirt farm. Mr. Ward observed the dirt farm bleats to throw material very high up into the air, causing excessive airblast anddispemeddutatlover the neighbmhoed W. Wardwouldtike the dirtfarm to conduct cont,lled bleating similar to that done at the Rogers Gmup quarry within the last 2 to 3 months. BLASTING AnALIR® IM'F.BNATION INC. 2.0 RESULTS OF INSPECTION - EXTERIOR OF HOME A complete interval and external inspection of the Ward dwelling was completed, with an emphasis on the major areas of concern voiced by the owners. The investigation was partially accompanied by one of the ownem, who was very accommodating, cooperative and patent throughout the entire inspection pmcem. Documentation was achieved with digital photographs, a video and field notes. For reference purposes, the front of the home Asing North Hamstring road has bean designated as North, although it may not necessarily represent true North. All digital photographs have been labeled as'P?', where xis the photograph number. Some sections in Appendices A and B may be referred to throughout this report to put some things into perspective, and to also help the reader in understanding the seismicIairblast levels which can and cannot cause damage. Detailed eismiclairblast results taken in the community and comparison of the data to the USBM damage criteriaare presented in Appendix C. A linear regression analysis of the data is presented in Appendix D. 2.1 North Side P1 P1 Norm side-Overallviewof the home, frontwalkway,andthe terrain. The terrainwas completely flat on all sides around the home. Although the extedor siding appears to be wood, it was actually a concrete basedalding. No majorstuotural pmblems were found anywhere along this side of the home. BLASTING ANAI.ISIS INTERNATIONAL, INC. P2 P2 North side —Close up of the concrete based siding and oofoverhang. No structural or commode defects were noted in any of the roof overhangs or along the siding. P3 P3 North side —NE cornerofthe fontporch roofunderside. Noproblems werenotedalong the corner junctions in the porch oof or in any of the vertical oof supports. BLASTING AnALYSIS In TER ATIONNy INC. 10 Pd P4 Normside —Top left-hand corner of window Wl. The window frames consisted of wood and aluminum No blast induced problems were found in either of the two windows on this side of the home. From dDor P5 P5 Normside —Top left-hand corner of the front door. Nostroctural, offset or alignment problems were found around the front door. ALL of the exterior and interior doom opened and closed freely with no problems. BLASTING AnALYSIS IrlfemrpnonpymC. II P6 16 North side —Top right-hand comer of window W2. No problems were noted around the window frame or along the surrounding siding. According to the ownem, the broken window pane was caused by a lawn mower kicking debrisIr ks up into the air. P7 P/ North side —Footsteps anddeck area in frontofthe foot doorentmncc. The step, deck boards, mils and vertical roof supports were all tmatedwoad No obvious stmctmal or cosmetic problems were found along any of the wood works. BLASTING AnALYSIS IrlfemvpnonpymC. 12 2.2 West Side Pe P8 West side —Overall view of the dwelling, terrain and gravelddveway. The terrain was flat on this side of the home. Note that there were no gutters installed on the home. The main concern here was relatedto four mortar cracks along the block foundation walls. The owner claimed that these cracks developed within the fast Ito 2 months after they moved into the new home P9 P9 West side —NW comer of the front porch area No gutterm were installed on this side or the oppoate East side of the home. BLASTING AnALYSIS INt Anonnywc. 13 P 10 Pl0 Wes[side — Top right-hand corner of window W2. NostrooWvlpmblems were found in any of the windows. All of the windows on the home opened and closed freely. The comer condition shown hem was typical of the other windows on this side of the home. P 1 Pll Westside— Bottom section of window W2. Damage to the inside blind was not related to bluting. BLASTING AnALYSIS INremvnnonny INC. 14 Front I NN Come! oyoing Ut 1lolaIii Or k Fw neomr ral:eboa P 12 P12 Westaide— Foundation wall area in the NW corner. A vertical crackseparation was noted along the corner block These types of cracks were a major concern to the ownem. sums Fnunantlw: wnll a ran HaidIneverftaI Lelavv wlrox W2 rmabr fill crack P 13 P13 West side —Foundation wall area below window W2. A hairline vertical mortar crack was noted in the top Mockler. BLASTING AX4LVSIS IN1'rmvnnonny INC. 15 AP npnae!PmA@n®swucnd' Vent Va Foundation nail Vellwl hairline Mora, mortar fill crack z a v now -``...iii, _! P 14 P16 Westside—Foundation wall area below vent No. d. A vertical haidine crack was notedin the block works. P15 P15 Westside— Foundation wall area in the SW comer. Here some oldie mortar fill had deteriorated and fallen out amend the top comer block. Note thA the horizontal mortar fill was at"l completely intact BLae'1'Car. Arvna.xa®INa'rmvpnopywc. 16 23 South Side WI wz -t:l y...'P Founnuailm wall cracks� Back a'ouh Sloe P 16 P16 South side — Overall view of the house and tensln. The tensln on this side of the home was flat The main concern in this area were three mortar cracks along the foundation watt blacks. No structural problems were noted around the windows or along the siding. P 17 P17 South side — Top section of the roof ovefiang. No obvious poblems were noted along the siding or roof ovmhangs. BLASTING AX4LIR® InTERNATIONNy INC. 17 P18 P18 South side — Bottom left-hand comer of window W1. All of the windows on this side of the home were stmcturally intact. The comer condition shown here was typical of the other windows on this side of the home. SW Comer - SIEIn3 Morhrfill creck �J __ __.. . VenIV1 Foundation wall '.'�,.. blinks P 19 P19 South side — Foundation watt area in the S W corner around vent No. 1. A hairline mortar crack was noted to the immediate left of the vent Again, these types of cracks were a major concern to the ownem. Bweftnc Ary xa® INremvn'Tionpy INC. 18 Sirlind Mortar L cracks Foundation vjall bbda P20 P20 South side — Foundation will blacks to the right oldie crawl apace entrance door. A stepped mmhr crack was noted in the block works. Stepped mortar cracks are indicative of some settlement. Wall area between windo Wl and W2 P21 P21 South side — Close up oldie aiding between windows WI and W2. No problems were found with any of the siding of the home. BLASTING AnALISO INI'F.m4AnonAL, INC. 19 P 22 P22 South side — Foundation will area in the SE comer. A vertical separation was noted along the mortar fill in the top comer black. Note that the horizontal mortar fill was completely intact, and that the comer top blackis still in place. This implies that the mortar fi0separation was due strictly to the quality of the mortar fill and shrinkage. P 23 P23 South side — Close up of the mortar fill shrinkage shown in P22. Bwenric Ary "m IrlfemvAnonpymc. 20 2A East Side P 24 P24 East side —Overall view of the dwelling and retrain. The retrain on this side of the home was also perfeefyflat, as was the retrain on all sides of the home. Note that no gutiem were installed on thisside of the home. The main concern here was asingle hairline mmhrcnck along the foundadon wall blocks. No gutters P 25 P25 Eastside —SE comer of the roof overhang. Note the lack ofagutrer and downspoutsystem to channel roof water away from the foundation walls of the home. BLASTING AiALIR® INrEIe4ATIon INC. 21 P 26 P26 East side —Bottom right-hand comer of window WI. All of the window flames on this &de of the home were in excellent s[mctuml condition. The comer condition shown hem was typical of the other windows on this side of the home. vela va Vertical hairline Fourdatbn Hall mortar crack hluckr .e P 27 P27 Butaida —Foundation watt area below vent No. 2. A barely visible vertical mortar fill crack was noted below the vent. BLASTING Arvwxa®INa'rmvpnonpyINC. 22 Side door P 28 P28 Past side—Topsecdon of the aide door. No problems were found around the door frame or along the surrounding siding. 2.5 Crawl Space P 29 P29 Crawl apace — Overall view looking at the North wall. No obvious structural problems were found along any of the exterior foundation walls or along any of the center block supports. BLASTING Arvwxa® INTERNATIONAL, INC. 23 P 30 P30 Crawl space — Close up ofasection of the West watt foundation blocks. No obvious structural problems were found along any of the foundation walls in the crawl apace. Also, none of the exterior mortar cracks along the outside of the foundation watt blacks had penetrated through the watt into the crawl space. P31 P31 Crawl apace— Example of one ofthe center block mpports. Attofthecenter blocksuppmts were grouted and placed over concrete poured footem. No obvious stnrctural, settlement or leaning problems were found in any of the center supports. BLASTING AnALYSIS Irleem4AnonpymC. 24 P32 Crawl space — Close up of the floor section along the South watt. This was a low spot in the crawl space for the collection of water, but the crawl space had no drainage system to channel water out of the crawl space. At the time of this inspection the floor was dry, but it was obvious in this low spot that water had gotten into the crawl apace in the past Water getting underneath the foundation walls of any st ucture can lead to settling over pmlonged periods ofweVdry and finevehbaw cycling. 2.6 Water Well P 33 P33 Water well —Overall view of the shed housing the water well. According to the owners, this well was at least 70-80 years old. The main concern here was that the owners had to mplace the water filter weekly. The owners believed that bluting caused the water table to change, causing damage to their well and thus creating the dirty water. BLASTING AnALYSIS Irltem4Nnonny INC. 25 P 34 P34 Water well— Will section to the left of the door. A number of paint filled mortar cracks were noted in the block works. But, the ownem had no concerns with damage to the block works from blasting. P 35 P35 Water well- Wall section to the right of the door. A number of paint filled mortar cracks were also noted in the block worm. Again, the ownem had no concerns with damage to the block works fromblu[ing. Bwenric Ary wsms Irtfemvnnonpy Pvc. 26 P 36 P36 Water well —Overall view of the inside of the shed housing the water well The floor was completely water saturated. Because Were were a number of storage hems on the floor, it was not clear lithe water on the floor readied fmm recent rain falls or from leakages in the water well/pumping system. It was obvious that the shed and well system were very old. P 37 P37 Water well —Close up of the water filter, which was very discolored, blackened and dirty. According to the owners, the water filter has to be changed every week The owner believes that blasting caused the water tablet change, resulting in damage to their well system, and the cause of the dirty water. BLASTING AnALYSIS Irteemvpnonpywc. 27 3.0 RESULTS OF INSPECTION - INFERIOR OF HOME Figure 3.01 Jlustratea agenerabzed plan view of the mom layout in the Ward home. Note that the drawing is not to scale, and that some of the door entrances and/or windows may have been purpo ely left out for clarity. The drawing ia only intended to show where the moms are relative to each other for mfemnee purpmes. North Fgel Door Dining Area Uvir Roam tl en WE er r om om3ter South WAN Pesd.a FiTSIb, AR FiguteJ.01- Generalized plan vim tithe home layout. Notto scat¢. BLASTING AN "ts INrESNAnoNAlywc. 28 3.1 Living Boom P 38 P38 Living mom —Overall view looking at the entrances into the hallway and kitchen/dining room. The floor was word boards, and the walls ding were drywall. Everything in the living room was in excellent structural condition. R1 mp Dwaloraijon is from painthig. Thesearonot NW P 39 P39 Living mom —Close up of the NW Sling/wall comerjunction. No cncks,sepmations or other problems were found in any of the corner junctions in the mom. The comer condition shown here was typical throughout the mom BLASTING ANALYSIS INrERNATIoNAL, INC. 29 T Discoloration is fmm painting South wall P 40 P40 Living more —Sloped ceiling section over the South wall. ALL of the comerjunctions were intact. The discoloration along the cornerjunctions was due to incomplete painting, not from water leaks. Paint d scolorations were found in many rooms of the home. P41 P41 Living mom —Level placedon the floor in a West —Past direction in front of the front door exit. ALL of the zooms with woodfloom were found to be level in all directions. BLASTING Arvwxa s Iwremvpnonpywc. 30 3.2 IGtehen-Dining Area P 42 P42 iLitohen,Dining area —Overall view looking at the Past watt diving area The floor was continuation of the wood boards from the living room, and the walls and ceiling were all drywall. The main concern in this area pertained in a perceived partial separation in the bottom half of the NE corner wall junction. P 43 P43 Kitchen/Dining area —Overall view of the kitchen area looking at the South watt entrance door into the washer/dryer room Everything in the kitchen was in excellent structural condition. BLASTING ANALYSIS INr'Em4ATlonhy INC. 31 Ceiling TOP of NE Amer P 44 P44 Kitchen/Diving area —NE comer ceiling/wal unction. The top section of this corner wall junction was completely intact, but according to the ownem the bottom section near the floor had separated Comer separation Bottom of NE corner P 45 P45 Kitchen/Dining area —NE comer waljunction near the floor. what appearedto the owners as a waljunction separation was due only to paint shrinkage. The gap between the floor molding ends had nothing to do with blasting. BLASTING Arvnt.ia s INeemvnnonnywc. 32 West wall cupboards P 46 P46 Kitchen/Dinivg area—Clo a up of the Westwall cupboards against the will. Allot the cupboards and counter tops were intact against the walls. P 47 P47 Kitchen/Dining area —South wall entrance door into the washer/dryer room. No problems were noted with any of the mitered door comer in the home. Everything in the washer/dryer room was in excellent structural condition. BLASTING ANwxa® INTERNATIONAL, INC. 33 3.3 Hall to Bedrooms P 48 P48 Hallway to bedrooms —Overall view of the hallway leading into the bedroom area The floor was wood boards, and all the walls and ceiling were drywall. The fist door on the right of the hallway was aclmet, the second mom on the right was bedroom No. 1, and the lit door on the tight was bedroom No.2. The fist door on the left of the hallway was the batmom, and the second door on the left was bedroom No. 3 (Master bedroom). The main contour at the hallway entrance was relatedto a drywall crack. P 49 P49 Hallway to bedrooms —South wait open entrance into the hallway. A small barely viable stress crock was noted at the corner, which connected to a tmight-line tape seam separation. BLASTING AnALYSIS INrEIe4ATIonAL, INC. 34 CoiIin /1 South wall clasc4 door P 50 P50 Hallway to bedrooms —Ceiling and cornerjunctions at the end oldie ha0way. ALL of the comer junctions, clown moldings and mitered door flame comers were iniact. 3A Bathroom PSI P51 Badrreom —Overall view looking at the SE corner. Here the floor was carpeted, and the wallstceiling were drywall. No major stmctural problems were found in this mom. BLASTING An\LL5® INrEIe4ATIonAL,wc. 35 oeilrng We lies SE Corner P 52 P52 Bathmom—SE comer o ling/walljunction. No cracks, separations or other emblems were foundin any of the comerjunctions. Thecorner condition shown hem was typicalofthe other junctions in the room. Buckling out of the wallpaper trim had nothing to do with blasting. This was due primarily to condensation. ceiling NW corner ever the bathtub/ahovrer P 53 P53 Hallway —NW comer ceiling/walljunction over the bathWWshower area. All of the comer junctions in the mom were compleWly intact. BLASTING Arvwxa®INeemvpnopywc. 36 35 Bedroom No.I At the time of the inspection for this room, the owner's two young daughters were taking their afternoon nap. The owner did not want their daughters disturbed while they were sleeping, and thus no digital images were taken in bedroom No.1 at the request of the owner. However, a walk through this bedroom earlier in the coming with the owner did not reveal any stocmml problems. 3b Bedroom No.2 sw Corner P 54 P54 Bedoom No. 2 — Ovemfl view looking at the SW corner. The floor was tiled, and the wallsociling were all drywall. No significant strocWml problems were found anywhere in the room. BLASTING ANALYSIS INI'P.BNATIonAL, INC. 37 P 55 P55 Bedoom No.2— Se cmnercelinghvadjonction. ALL of the commjovctiovs in the mom were intact with no problems. The comer condition shown here was typical W ooghoot the room. 3.7 Bedroom No. 3 (Master Bedroom) P 56 P56 Bedoom No.3— Overall view looking at the SE comer. The floor was carpeted, and the walslceding were drywall. The main concern here wasmlatedto a separation in the Se corner wall junction. BLASTING Ary rsrs INremvpnonpywc. 38 SE[IXO& Nrallju bm Slight separation P 57 P57 Bedroom No.3— Close up of the SE comer wattjunctim. What appeared[o me ownem as comer separation was due only to paint shonkage. North wall door P 58 P58 Bedroom No. 3 — Top section of the North watt door. No structural ofbet or alignment problems wen found around the door. All of the doom and windows in the home opened, closed, and lacked freely with no problems. BLASTING Ary "m INTERNATIONAL, INC. 39 4.0 BLAST DESIGN REVIEW AN]) SEISMIC/AmBLAST ANALYSIS The seismic data was analyzed in two ways. Pi* the data were plotted against the USBM (United States Bureau of Mines) damage criteria to deter®ve the pmbablity of any strucmnl damage. Second, a linear regrn ion analyse was performed on the data to determine what the highestpossible vibration level the Ward residence could have received, even if no monitoring was done directly at the Ward residence 4.1 Seismic/Airbbtl Results A total of 20 ceumic/airblast measurements and then accompanying blast design parsmetem were renewed and analyzed for the period between 03oD9/09 and 09/08099. No blasting occurred at the quarry in 2009 prior to 03A9/09. The owners moved into their home in January - February, 2009. The maximum verifiable weight of explosives per delay used on the shots ranged from 34 to 524 lbs. The measured seismic amplitudes in terms of the peak particle velocity ranged from 0.015 to 0.66 in/sec, at frequencies ranging from 6 to 63Hz. Airblast levels ranged from % to 127 dB. All measurements were t ken over distances ranging form approximately 680 to 6,375 feet from the blast zones. The Ward residence was located approximately 3,100 feet (0.6 miles) from the actual blast zones. Detailed eeismic'airblast results, anda plot of the data results against the USBM damage criteria, are presented in Appendix C. 4.2 Vibration Levels Platted an USBM Damage Criteria According to the Indent United States Bureau of Mines (USBM) damage criteria established for one to two story residential dwellings, and from other reseamhem, ground vibration levels of over 0.50 In/sec would be required to cause cracks in plaster, 0.75 to 2.0 in/sec to cause drywall cracks depending on the frequency, at least 3 inhe to cause mortar cracks, 2.0 to 2.4 inhe to cause races in freshly poured concrete (0- d hours old), d ro 8 inch/sec to cause cracks in fully curedconcrete (7-10 days old), andwed over 10 in/sec to cause strocmmlderortions. In addition, the correct combination of vibration amplitude, resonant frequency energy and very long shot durations would be requiredto cause permanent damage. Refer to Appendices Al andB for more technical details. BLASTING ANALvs® INr'Emgnnonpywc. 40 Figure 4.21 illustrates a plot of all the vibration meumemenB on the USBM graph, which were collected in 2009 since 03/09/09. The USBM graph is a plot of ground vibration amplitude vemu frequency. As long as a vibration measuement is not above the solid or dashed redlines within a specific frequency range, no structural damage is possible. The USBM damage criteria is very stringen4 but also a very wncervative threshold of damage. It does not mean that damage is guaranteed to occmjust by going over the damage threshold limit. Bsimply means that the probability of damage goes up. The higher the threshold limit value is exceeded, for a particular building material, the higher is the probability of damage. If the vibration measurement falls below the solid or dashed red lines for specific frequency ranges, no suucNnl damage is poveible. Note that none of the seismicampltudes acceded the damage threshold linesfor either plasterordrywall at their respective frequencies. Rnv iton dnr NMlbn Mas.*M 0UB6b®UB® __ __ _ _!. ii a� r�i�� aaiMw��r�pp �■■III■ 111a--I■ s>ff_ __ __ �iiirrirrt��� -I. r :.Iau11■u11■ ! lf1Y _. __. ■ul1■_VIII■ Figure 421—USBMgraph plat for seismic measurements obtained between 03N9/09 and 09/0S/09 in the surrounding community. None of the blasts resulted in vibration amplitudes which exceeded the damage threshold lines foreitherpbdcr or drywall. BLASTING AnALYSIS Iwtemvnnowny INC. 41 The weakest structural component member in the Ward home was the drywall, which required mivirwm vibration levels between 0.75 and 2.0 ivhec to cause permanent damage. None of the vibration levels form the quarry blasting exceeded the damage threshold for drywall at any time, and no blot induced drywall cracks wem found anywhere in the home. Since blasting did not exceed the drywall damage thmsholdin the home, itnegates all oldie otherstmcWral damage claims, because those material damages, structural distortions and displacement tolerances required much higher vibration levels than the levels required to cause drywallcracks. Direct vibration measurements at the Ward residence were between No Trigger to 0.025 in/sec. Thus, the vibration levels were not high enough to have caused any of the mortarcracks along the block foundation walls, or any comer waljunctiom to separate in the interior oldie home. 4.3 LinarRegression Linear regression analysis allows one to predict what the expected vibration levels would be at distances or at homes in which no direct vibration/airblast measurements were available. For example, the seismic measurements taken form the quarry blasts were collected at distances between 680 and 4,375 feet away. linear regression allows one to confidently predict the vibration levels for homes which might be located closer than 680 ft, father away than 4,375 ft, or any distance in between. The Wardhome was lorated3,100 feet (0.60 miles) from the blast zones. This type of analyse also allows one to predict the worst possible levels of vibrations which could have reached the home. Linear regression develops a plot of the peak particle velocity versos scaled distance. Scaled distance relates the measured or predicted gmund vibration level to the distance from the shot poin4 and to the maximum weight of explosives per detonation usedon each blast. BLASTING ANALYSIS INI'F.m4AnonAL, INC. 42 Remits are presented in Figure 4.31, with the general rega mion equation as: PPV = 145.19 (D/Wm)—L® Where:PPV - Feakpartirle velocity(in/mc) D - Distance from shot(ft) W - Maximum weight of explosives per detonation (lb) The values 145.19 and -1.68 are the calculated geologic site constants forthe area. The basis of this equation was used to predict both the avenge and worst case seismic levels expected at the Ward home. If we tke the largest verifiable weight of explosives per delay melon the bluB as 542 lbs, and the distance from the shots as 3,100 feet, the estimated avenge vibration level to mach the Ward residence would have been 0.04 in/sec. This would be equivalent to the vibration levels measured on akitchen floorfmm an adult walking normally across the floor. If we now man= the wont possible case condition, by using the mme maximum weight of explosives of 542 lbs, but with the 95% upper limit line equation shown in Figure 4.31, the vibration levels at the Ward home would NOT exceed 0.0] in/sec. This is avery conservative estimate because it mmme thatIgll of the shots were f red with a maximum weight of explosives of 542 lbs, even though the majority of the shots were fired with leas explosives. Using the upper limit line 95%confidence interval also aaommdatea for low correlation coefficients in the data analysis. However, it is import rat to note that the conclusions contained within this report relied on only the more restrictive and conservative 95% upper confidence interval, and were not based on the avenge. (Based an the linear regressions analyds, the ground vibration levels could not have caused any damage to the home or waterwell, even in the word case renariaa BLASTING Arvns.va® INrEANATtoNN., INC. 43 RopersCroup - Fennmgmn Que rry Linor R®oim And. S3/O9/09 to LL9/Ig/O9 Blasii Aovly,i 1nIerwiooalr be. Figure 431 -Linear regrerdon analyis BLASTING AiX LIS®INTERNATIONAL, INC. 44 4A Atrblast Revels In terms of akblu4 minimum levels of at least 150 dB would be required to cause physical damage, usually stlrting with cracked windows. No blast induced broken window panes were found anywhere on the Ward residence. The broken window pave at the front of the home was caused by a lawn mower kicking up jocks and debris. The highest airblast level recorded in the community was 12] dB on 0]/28A9 ata distance of 932 feet from the blot zones. The Ward residence was located 3,100 feet away from the blast zones. Direct aifilast measurements at the Wardresideoce were between No Trigger to 120 dB. Thus, the airblast levels were also not high enough to have caused any tnsctmal damage to the home or water well However, airblast levels of 125 dB or over could have been "felt, heard and/or sensed" by the homeowners, but they would not high enough to have caused any of the claimed structural damages. 45 Ybrtion ktrblast Regulations No local, SMW or Federal regulations pertaining to the maximum allowable vibration and aifilast amplitudes were violated by the Rogers Group Farmington Quarry. NAY-WWRF�NIVMDI3]�B BLAS'T'ING AiALISIS INr'F.BPU'TIon INC. 45 • • • • ' I jl i ; I ' I NORTHWEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED N0V 1 1 2009 BY: I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville —Ordinance 5281 October 30, 2009 Publication Charge : $ 414.26 Signed: ==J ------ Subscribed and sworn to before me This 4 day of 70t f, jc.) , 2009. Notary Public Q, a./N2, 1. V My Commission Expires: lkla.y- 4, 020/02 Do not pay from Affidavit, an Invoice will be sent ORDINANCE NO. 5281 AN ORDINANCE TO PREVENT INJURY OR ANNOY- ANCE WITHIN THE CORPORATE ITIES WILL NOT aye evl e TEVILLE BY REGULATING RED DIRT MINING FACILITIES SOTHAT THESE FACILITIES BE NUISANCES ARKANSAS WHEREAS, the City Council of the City of Fayetteville, Arkansas recognizes the need for red din mining facilities to supply necessary red dirt for building construction, parking lot and road construction within and near the corporate limits of Fayetteville, and WHEREAS, the Fayetteville City Council has listened to experts and citizens and deter- mined that any blasting that could be used in red din mining could cause nuisance effects upon nearby structures (especially homes) and their inhabitants; and WHEREAS, the Fayetteville City Council has also learned and determined that without the reasonable regulations required by this ordinance an operating red dirt mining facility can cause vibrations, dust, ground upheaval. loud noises, fumes and other deleterious effects within a mile from the red din mining facility to such an extent that the red dirt mining facil- ity would be a nuisance to Fayetteville citizens; and WHEREAS, the Fayetteville City Council has also heard from citizens living near an exist- ing and operating red dirt mining facility and determined that unregulated blasting, dirt excavating, dump truck loading, dump truck tailgate banging and other red dirt mining facility activities would be a nuisance to Fayetteville citizens and potentially damaging to their property and city streets; and WHEREAS, unless the frequency of blasting, its distance from houses, the elimination of dump truck tailgate banging, the hours end days of red din mining facility operation near residences to prevent noise, dust and fumes in excess of ADEO limits from escaping the red dirt farm are properly regulated and controlled, such a red dirtmining facility would con- stitute a nuisance to Fayetteville residents and citizens and should be abated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS! Section I That the City Council of the City of Fayetteville. Arkansas hereby enacts Chapter 113 Rock Quarries and Red Dirt Mining Facilities of the Code of Fayetteville. Article 11 Red Din Mining Facility Operating License as shown on the attached Exhibit A. and APPROVED this the 20th day of October, 2009. APPROVED. ATTEST: By: BY: LIONELD JJORDAN, Mayor SONDRA E. SMITH, City CIarWMasurer EXHIBIT -A ARTICLE II. Red Dirt Mining Facility Operating License §113.11. Finding of Nuisance and Need for Abatement The City Council of the City of Fayetteville. Arkansas determines and finds that the opera - ion of a red dirt mining facility would be a nuisance to the citizens and City of Fayetteville. Arkansas if operated or used other than as prescribed In §113.12 and, therefore, should be abated by the reasonable regulations required by this ordinance. §113.12. Regulations to Abate Nuisance (A) Rock Blasting/Use of Explosives. (1) No blasting shall be allowed within 60 yards of any house within the city limits of Fayetteville. (2) No blasting explosive charge or location shall exceed the most restrictive limitations within federal, state and Washington County regulations or laws. (3) All blasting within the permitted rod dirt mining facility shall only be allowed between the hours of 10:00 a.m. and 3:00 p.m. on the first and third Wednesday of each month unless such Wednesday is a federal or city holiday. II such Wednesday is a holiday, the permitted blasting day will be moved to the next day (Thursday). If the permitted blasting day would be unsafe or not feasible or practical because of inclement weather or other con- dition beyond the reasonable control of the quarry operator, the C irector of Development Services may designate another weekday during me next live weekdays as a permitted blast day (4) Upon timely request by the red dirt mining facility operator, the Director of Development Services or designee is empowered to grant a variance of the time limitations for rock blast- ing if inclement weather or other condition beyond the reasonable control of the operator has caused a safety issue that requires blasting outside the 1000 n until 3:00 p.m. per- mitted period. Re -notification is not required unless blasting is moved to another day. (5) The red dirt mining facility operator shall notify by telephone the Director of Development Services and any Fayetteville neighbor within a mile of his quarry who has requested such notification at least two hours prior to rock blasting. (B) Operation of Red Dirt Mining Facility. (1) All rod dirt mining facilities within the city limits of Fayetteville or within one mile beyond me city limits of Fayetteville shall only be eflowetl to operate during the period of 7:00 a.m. until 6:00 p.m. Monday through Friday, and during 7:00 em, until noon on Saturday. No major noise producing activities shell occur before 8.30 am. or her 4:30 p.m. one week- day or anytime on Saturday or Sunday. No red dirt mining facility shall be allowed to oper- ate an a federally recognized holiday or Sunday. (2) All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall be prohibited from any operations until the owner/opera- tor of such facility has obtained a vatid, annual Red Dirt Mining Operating License. This license to operate shall be issued by the Fayetteville Planning Department on a fiscal year (July 1 through June 30) schedule with no fee assessed. (C) Dust, Mud and Rock Control Measures. All red dirt mining facilities within the city limits of Fayetteville or within one mile beyond the city limits of Fayetteville shall only be allowed to operate with the following safeguards and measures to ensure that dust, din, mud, loose rock, and all other possible irritants or nui- sance substances do not adversely affect Fayetteville residents. It is the express continu- ing duty of the licensed red din mining facility operator to ensure all of these safeguards. requirements and measures are constantly enforced. (1) Dust control measures. Water or other substances or measures most be fully effective during the operation of the red dirt mining to ensure the red dirt mining facility is in lull and continual compliance with the requirements of the Arkansas Water and Air Pollution Contra Act as administered by the Arkansas Department of Environmental Quality. A violation of the permit conditions required by the Arkansas Department of Environmental Quality can be grounds for a suspension or revocation of the City's Red Din Mining Facility Operating License. (See§133.15) (2) Dirt and mud control measures. The red dirt mining operator is required to ensure that any and all vehicles leaving the red dirt mining facility shall have all mud and dirt removed from the tires and exterior parts of the body of all vehicles prior to exiting the site onto pub- lic roads. (3) Red dirt. The red dirt mining operator is responsible to ensure that all dump trucks leav- ing the red dirt mining site that may utilize any city street and are carrying more than halt a truck load of red dirt have)heir load fully and properly covered. _ T] 1wH gate rate mp truck identifying number. inormer Tor citizens to easnyand correctly identify licks and their owner/operators who are servicing the red din mining facility, the red ing operator shall require any dump truck accessing or servicing his facility to have to read four digit number at least six inches high and twelve inches wide on the tail the dump truck. The red dirt mining operator shall maintain an up-to-date and accu- of the owner and operator of each numbered dump truck and shall immediately he owner and operators name, address and contract information to any Fayetteville rte, official or citizen who requests such information. dump trucks with proper identifying number may be loaded. The red din mining r shall not load or permit to be loaded or permit to exit the red din mining facility any uck unless the identifying number specified in subsection (4) is clearly legible, easy and not obscured by din, mud or otherwise. (D) Control of Dump Truck Tailgate Banging It is the express duty of the red dirt mining facility operator to prevent a dump truck deliv eying anything to the red dirt mining facility or receiving red din from the facility to engage in Dump Truck Tailgate Banging as defined in §113.04 (E) at any time upon its property. The red dirt mining facility operator shall keep a record of the owner/operator and number of the offending dump truck to include the date and time of the occurrence. No dump truck which has banged its tailgate shall be loaded or otherwise serviced for a full operations day of the red dirt mining facility after the incident to include all day Monday if the tailgate banging occurs after 4:30 p.m. Friday or anytime on Saturday or Sunday. Leading or serv- icing such dump truck during this suspension shall constitute a violation of this ordinance and the Red Dirt Mining Facility Operating License. 13: Jurisdiction of This Ordinance. Pursuant to A.C.A. §1454-103(1), this ordinance to abate a nuisance shall be applicable to any and all red din mining facilities located within the corporate limits of Fayetteville and for one (1) mile beyond the city limits as prescribed in A.C.A. §14-262-102. §113.14: Definitions, (A) 'Red dirt mining' means any open excavation used for obtaining red dirt or other type of soil used for paving or building purposes. (B) 'House" means any habitable structure including a mobile or manufactured home, a dwelling, a residence, an apartment, a condominium a dormitory, a hotel or motel. (C) -operation of Red Din Mining Facility' means any blasting, operation of any mechani- cal equipment on the premises of the red din mining fecitity or any operation of dump trucks or other large vehicles on the premises of the red din mining site. Starling, running the engine or moving any equipment or dump truck on the premises shall constitute operation of the red din mining facility. (D) 'Major Noise Producing Activities' means blasting, rock breaking, dump truck tailgate banging, and the use by the red din mining facility operator of non -static backup warning devices on its loader or other major equipment. Rock crushing within a half -mile of a house within the city limits of Fayetteville is also a major noise producing activity. (El "Dump truck Tailgate Banging' means the avoidable and loud banging of a dump truck tailgate used to vibrate the bed to loosen material in the bed sought to be dumped. The relatively quiet bang that might be unavoidable wren a dump truck load is dumped and the truck moves away form the pile without applying the truck's brakes is not regulated by this ordinance. 113.15: Issuance, Suspension or Revocation of License. (A) Issuance. The Director of Development Services or designee shall prepare and issue an annual Red Dirt Mining Facility Operating License upon proper application of an owner/operator of a red dirt mining facility within the jurisdiction of this ordinance after ensuring the owner/operator will be in full compliance with all requirements of this ordinance and has all other current and valid federal, state and county permits required for red dirt of Development Services may suspend a Red Din Mining up to thirty (30) days for violations of the terms of the license 14 Hevocatmn. The Director of Development Services may revoke a Red Din Mining Facility Operating license for repetitive, continuing, intentional, or substantial violations of the requirements of this ordinance. The Director of Development Services may require ade- quate assurances that any operator whose license has been revoked will fully comply with the Red Dirt Mining Facility Operating License before reissuing another license, (0) Appeal. Any person whose license has been suspended or revoked pursuant to this section, may appeal such suspension or revocation to the City Council by providing the City Clerks Office with a written request for City Council review within ten business days of the issuance of suspension or revocation. The City Council may then determine whether the red dirt mining facility owner/operator violated the requirements of the ordinance and, if so, whether suspension (up to 30 days) or revocation is appropriate for such violation. §113.16: Penalty. (A) Any owner, lessor or lessee of real property upon which is located a red dirt mining facility and any operator, manager, or employee of such red dirt mining facility shall ensure such facility is operated within the limits of this ordinance and shall be guilty of a criminal violation for any violation of the requirements of this ordinance. (B) The Red Dirt Mining Facility Operating License may be revoked or suspended by the Director of Development Services after a due process hearing for an owners, managers, operator's, employees, or lessee's violation of any terms or limits within this ordinance or for operating the red din mining facility not in conformity with its Red Din Mining Facility Operating License. (C) Any owner, operator, manager, lessee or employee of a Red Dirt Mining Facility shall be guilty of a criminal violation if such person operates the red din mining facility in viola- tion of any of the terms of this ordinance, without a current and valid Red Dirt Mining Facility Operating License, or in violation of any of the terms of his Red Dirt Mining Facility Operating License. ID) Each violation of the operational hour limitations or the number of blasting events allowed by this Ordinance or the applicable Red Dirt Mining Facility Operating License shall constitute a separate violation of this ordinance and shall be punishable by a fine of up to pc. M § 113.17: No reduction in property owners right to sue for nuisance. Nothing in this ordinance removes or reduces a property owners right to sue or seek an injunction against any owner or operator of a red dirt mining facility if a court of competent jurisdiction finds that such facility constitutes a private or public nuisance to that property. r 4i. NuED IN THE FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ROGERS GROUP, INC. PLAINTIFF vs. Case No. 09-5926 CITY OF FAYETTEVILLE, ARKANSAS DEFENDANT AFFIDAVIT Comes now Sondra Smith, Fayetteville City Clerk and Treasurer and after being lawfully placed upon her oath, swears or affirms as follows: I am Sondra Smith, the elected Fayetteville City Clerk and Treasurer. I am the lawful custodian of documents presented to the City Council for their consideration when the aldermen are deciding whether or not to amend and pass ordinances and resolutions for the City. I have certified the Minutes of the City Council meetings in which the Rock Quarry Operating License Ordinance was discussed, amended and finally passed. I have also certified the Agenda Packets that were provided to the City Council for each of those meetings (September 1, September 15, October 6 and October 20, 2009). During the City Council meeting of October 20, 2009, Mr. Darin Matson, Division Vice President and General Manager of Rogers Group, Inc. handed out to the City Council, Mayor, City Attorney and me a document titled "Farmington Quarry 2009 YTD Blast Summary," which he represented to be a list of all the blasts the Rogers Group had done since April of 2009 and which is attached as Exhibit A to the City's Answer and also to this Affidavit. Included in the Agenda Packet supplied to the City Council during its meetings of October 6'h and 20th is a letter from the Rogers Group, Inc.'s attorney with proposed amendments and a proposed amended ordinance which are also attached to the City's Answer as Exhibit. ... FURTHER THE AFFIANT SAYETH NOT ... Signed this date: fl - -Q SONDRA E. SMITH, City Clerk/Treasurer NOTARY OATH State of Arkansas ) ) .ss County of Washington ) On this the .ZO -day of November, 2009 before me, Judith Housley, a Notary Public, personally appeared, Sondra E. Smith and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that she executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. Notary