Bengalla Mining Company Pty Limited Noise Management Plan

Transcription

1 Bengalla Mining Company Pty Limited Noise Management Plan

2 DOCUMENT CONTROL Revision Date Description Author Reviewer Approved 0 29/01/13 Draft Noise Management Plan for regulatory consultation T. Welbourne Global Acoustics A. Harburg BMC C. White BMC 1 07/06/13 Final Noise Management Plan T. Welbourne Global Acoustics D. Munro Hansen Bailey A. Harburg BMC 2 25/09/13 Revised (1) Noise Management Plan J. Martin Hansen Bailey D. Munro Hansen Bailey A. Harburg BMC 3 11/04/14 Revised (2) Noise Management Plan S. Miller Glade Consulting C. White BMC C. White BMC 4 25/07/14 Revised (3) Noise Management Plan J. Martin Hansen Bailey C. White BMC C. White BMC 5 04/09/14 Revised (4) Noise Management Plan C. Kavanagh BMC C. White BMC C. White BMC 6 15/10/14 Revised (5) Noise Management Plan C. Kavanagh BMC C. White BMC C. White BMC 7 24/10/14 Final Noise Management Plan C. Kavanagh BMC C. White BMC C. White BMC

3 TABLE OF CONTENTS 1.0 INTRODUCTION Scope of Management Plan Objectives NOISE CONTEXT Site Characterisation CONSULTATION Submission and Review Responses Revisions REGULATORY REQUIREMENTS Relevant Standards and Guidelines Environmental Assessment Commitments APPROVED OPERATIONS Mobile Plant Fixed Plant NOISE CRITERIA Site-Specific Noise Limits Cumulative Criteria Noise Acquisition Criteria NOISE MANAGEMENT MEASURES Environmental Management System Existing Noise Controls Forecasting Monitoring Modifications to Operation Noise Attenuation Landholder Management Measures Page i

4 8.0 MONITORING Compliance Attended Monitoring Frequency and Monitoring Period Monitoring Locations and Criteria Operational Noise Measurements Exceptions Low Frequency Noise Non-Compliance Supplementary Attended Monitoring Frequency and Monitoring Period Monitoring Locations and Criteria Operational Noise Measurements Unattended (Real Time) Monitoring Frequency and Monitoring Period Monitoring Locations and Trigger Levels Operational Implementation of Real Time Monitoring Monitoring Locations and Trigger Levels Cumulative Impacts COMMUNICATION Reporting Scheduled Reporting Incident Reporting Periodic Plan Reviews Performance Indicators Complaints Response Procedure CONTINUOUS IMPROVEMENT RESPONSIBILITIES REFERENCES Page ii

5 13.0 ABBREVIATIONS LIST OF TABLES Table 1 DA 211/93 Noise Management Plan Requirements... 2 Table 2 Indicative Noise Generating Mobile Plant... 8 Table 3 Noise Criteria... 9 Table 4 Compliance Attended Monitoring Locations Table 5 Real Time Monitor Locations and Trigger Levels Table 6 Roles and Responsibilities LIST OF FIGURES Figure 1 Site Layout... 3 Figure 2 Land Ownership and Noise Monitoring Locations LIST OF APPENDICES Appendix A Regulatory Correspondence Appendix B Statutory Requirements of DA 211/93 Page iii

6 1.0 INTRODUCTION Bengalla Mining Company Pty Limited (BMC) operates Bengalla Mine (Bengalla) in the Upper Hunter Valley of New South Wales (NSW). Bengalla is situated approximately 130 kilometres (km) north-west of Newcastle and 4 km west of the township of Muswellbrook (see Figure 1). On 7 August 1995, BMC was granted Development Consent (Development Application (DA) 211/93) for the construction and operation of a surface coal mine, coal preparation plant, rail loop, loading facilities and other associated infrastructure. This consent allowed the extraction of up to 8.7 Million tonnes per annum (Mtpa) of Run of Mine (ROM) coal for a period of 21 years. There have since been five approved modifications to DA 211/93. Bengalla is now approved to produce up to 10.7 Mtpa of ROM coal. 1.1 Scope of Management Plan This Noise Management Plan (NMP) has been prepared to fulfil the requirements of Schedule 3, Condition 8 of DA 211/93 (as modified) and to manage operational, cumulative and rail noise as specified in Schedule 3, Condition 1 to 7 of DA211/93. Table 1 indicates where each requirement of Schedule 3, Condition 8 of DA 211/93 has been addressed in this plan. Noise-related approval requirements and where each is addressed in this plan are detailed in Appendix B. 1.2 Objectives The objectives of this NMP are to: Provide measures to ensure that all relevant statutory requirements and BMC policies and standards relating to noise are met; and Provide measures to ensure that operational, low frequency, cumulative and rail noise from Bengalla is effectively monitored and managed. Page 1

7 Table 1 DA 211/93 Noise Management Plan Requirements Condition Requirement Section Noise Management Plan 8 The Applicant shall prepare and implement a Noise Management Plan for the development to the satisfaction of the Director-General. This plan must: (a) be prepared in consultation with OEH, and submitted to the Director-General for approval by the end of December 2012; (b) describe the noise mitigation measures that would be implemented to ensure compliance with the relevant conditions of this consent, including a real-time noise management system that employs both reactive and proactive mitigation measures; (c) includes a noise monitoring program that: Uses a combination of real-time and supplementary attended monitoring measures to evaluate the performance of the development; Include a protocol for determining exceedances of the relevant conditions of this consent; and (d) include a protocol that has been prepared in consultation with the owners of nearby mines (including the Mount Pleasant Mine) to minimise the cumulative noise impacts of the mines. This Document 3.0 and Appendix A 7.0 and and 8.4 Page 2

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9 2.0 NOISE CONTEXT As a preface to the discussion of affectation and compliance it is appropriate to consider some specific characteristics of mining noise in the Hunter Valley, including: Most receptors are located a considerable distance from mine sites with regard to noise propagation; Mining noise is typically inaudible during the day period this is supported by the NSW Draft Guideline: Mining Noise Monitoring Application Note (Draft Application Note) (DP&E, undated), which states Extensive experience has shown that daytime or evening criteria is rarely, if ever exceeded and that night time criteria is the limiting criterion ; Received levels of mining noise usually differ greatly from one night to the next at any receiver location due to the variability of meteorological conditions; Noise from a large open cut mining operation is typically a continuum with minor event noises that are usually not very emergent; The received mining noise spectrum generally does not have any significant content (if any) above 1,000 Hertz (Hz); and Other noise sources at a receiver can often be considerably louder than received mining noise. This is particularly true for noise events (dogs, cows, cars etc.) which influence the total LAeq (A-weighted equivalent continuous noise level the level of noise equivalent to the energy average of noise levels occurring over a measurement period). 2.1 Site Characterisation Section 5 of the NSW Industrial Noise Policy (INP) (EPA, 2000) identifies that certain meteorological conditions, in particular wind speed and temperature inversions, have the potential to increase noise levels during the sensitive night period in winter (June, July and August). During this period, Bengalla and surrounding areas are subject to: Variable wind speeds with maximum speeds generally greater in summer than in winter; Prevailing north-west wind; and Strong temperature inversions (G-class, 4 C/100 m represents the upper limit of inversion conditions). Such meteorological conditions are considered in the management and monitoring of noise at Bengalla as described in Section 7.0 and 8.0. Page 4

10 3.0 CONSULTATION 3.1 Submission and Review Schedule 3, Condition 8(a) of DA 211/93 states that the NMP must be submitted to the Director- General for approval by the end of December On 17 December 2012, the Department of Planning and Environment (DP&E) granted BMC an extension of one month to allow the submission of the NMP to the Director-General by 31 January The draft NMP was submitted to DP&E on 31 January A copy of this correspondence is provided in Appendix A. In accordance with Schedule 3, Condition 8(a) of DA 211/93, a copy of the NMP was provided to the Office of Environment and Heritage, Mount Pleasant Project and Mt Arthur Coal for consultation during its preparation. 3.2 Responses Responses in relation to the draft NMP were provided from DP&E and the Environment Protection Authority (EPA). No comment was received from Mount Pleasant Project or Mt Arthur Coal personnel. The EPA indicated that they do not review these documents. A copy of this correspondence is included in Appendix A. DP&E requested that the attended noise monitoring locations be reviewed with consideration of updated landownership details to ensure that BMC is monitoring at locations representative of private receivers (see Section 8.1). 3.3 Revisions In consideration of stakeholder responses, a revised NMP was provided to DP&E on 25 September This NMP has subsequently been reviewed periodically in consultation with stakeholders (see Document Control). Page 5

11 4.0 REGULATORY REQUIREMENTS The Protection of the Environment Operations Act 1997 (NSW) (PoEO Act) is the fundamental legislation regulating pollution (including noise pollution) emissions in NSW. BMC s revised Environment Protection Licence (EPL) 6538, issued by the EPA on 28 November 2013, enforces site specific requirements for pollution reduction in accordance with the guiding principles of the PoEO Act. EPL 6538 (as issued) does not stipulate site specific requirements or criteria for noise. EPL 6538 may continue to be varied as required by the EPA. 4.1 Relevant Standards and Guidelines Guidelines and standards applying to noise at Bengalla include: INP; Australian Standard AS 1055 Acoustics, Description and Measurement of Environmental Noise (AS 1055); Environmental Noise Control Manual (EPA, 1985); and Environmental Criteria for Road Traffic Noise (EPA, 1999). 4.2 Environmental Assessment Commitments Appendix 6 of DA 211/93 contains BMC s Statement of Commitments. It contains, amongst other things, noise management measures that will be undertaken as part of Bengalla s operations. Item 5 of Appendix 6 states that BMC will continue to implement the noise management and mitigation measures listed in Section of the Bengalla Mining Company Development Consent Modification Environmental Assessment 2010 (Bengalla 2010 EA) (Hansen Bailey, 2010) to ensure noise levels remain within predictions (see Table 7 of Bengalla 2010 EA). Current noise mitigation measures practiced at Bengalla, consistent with the Statement of Commitments, are discussed in Section 7.0 and 8.0. Page 6

12 5.0 APPROVED OPERATIONS Bengalla generally operates 24 hours per day, seven days per week and comprises the following major operating areas and infrastructure: Open cut mining area; ROM pad and Coal Handling and Preparation Plant (CHPP); and Rail load-out facility. Noise can be emitted from mobile or fixed plant as listed in Table 2. These noise emissions have the potential to affect the acoustic environment within and surrounding Bengalla. Product coal is loaded onto trains with the majority transported to the Port of Newcastle for export. A lesser amount is supplied for use in the local power stations. Noise from trains on the loading loop is regulated through the Australian Rail Track Corporation s EPL (3142). 5.1 Mobile Plant Open cut mining of coal is undertaken using large earthmoving machinery. These machines can operate at various locations in and around the mining area. Mobile plant, particularly rear dump trucks and dozers, can at times be at elevated or exposed locations relative to private receivers. An indicative list of plant types operated on site is provided in Table 2. Those plant types not listed are items that are insignificant noise generators in the context of a mining environment (e.g. light vehicles). 5.2 Fixed Plant Fixed infrastructure on site that generates noise includes: CHPP, associated conveyors and reclaimers; ROM hopper; and Rail load-out facility. Page 7

13 Table 2 Indicative Noise Generating Mobile Plant Purpose Make and Model Hitachi EX5500 Excavators/Loaders- Overburden/Coal Hitachi EX3600 Hitachi EX3500 Letourneau L1850 Dragline - Overburden P&H 9020 Komatsu 830 E AC (225 t) Trucks - Overburden/Coal Hitachi EH4500 (253 t) Hitachi EH4000 (225 t) Hitachi R190 (170 t) Drills SK50 Caterpillar D11 Dozers - pit Caterpillar D10 Cat 854G (Rubber Tyred Dozer) Graders Water and service trucks Cat 16 M Cat 24 M Euclid R 90 (80 KL) Cat 777 water truck Page 8

14 6.0 NOISE CRITERIA 6.1 Site-Specific Noise Limits Schedule 3, Condition 1 (Table 1) of DA 211/93 provides maximum site-specific noise criteria for private receivers with corresponding ownership presented on Figure 2. The applicable noise criteria are reproduced in Table 3. Assessment of compliance with these noise criteria is undertaken as per the monitoring program described in Section 8.1. Table 3 Noise Criteria Noise Criteria Intrusive/Consent Day (7 am to 6 pm) 1 DA 211/93 Receptor ID Figure 2 Receptor ID Receiver Representative Monitoring Location and Evening (6 pm to 10 pm) Night (10 pm to 7 am) 1 Intrusive Consent Intrusive Consent L Aeq(15Min) L Aeq(15Min) L Aeq(15Min) L Aeq(15Min) HVEC (formerly F & IR Webber) 9 45 HVEC (formerly BD & JN Englebrecht) AN04 38 (Day) 37 (Evening) KB & JA Barnett MJ McGoldrick Jabetin Pty Limited FK & WDG Almond & PW Hume DP Englebrecht ML & EA Sweeney MC & LJ Dobie DL Robinson TD Barron RA Byrnes & MA Moller MJ Drake JR Scriven RH Englebrecht Englebrecht Racing Stables Pty Limited Page 9

15 Noise Criteria Intrusive/Consent Day (7 am to 6 pm) 1 DA 211/93 Receptor ID Figure 2 Receptor ID Receiver Representative Monitoring Location and Evening (6 pm to 10 pm) Night (10 pm to 7 am) 1 Intrusive Consent Intrusive Consent L Aeq(15Min) L Aeq(15Min) L Aeq(15Min) L Aeq(15Min) RS & JT Cridland AN04 38 (Day) AC Good SM Bredden 37 (Evening JR Gleeson & MR Cranfield GL & IL Andrews SY Johnson JP Drake PG & CM Lane AN Coal & Allied (formerly RR & JM Hamilton) NY & RY Ellis MR Peel PSJ Murray E & WJ Rankin HVEC (formerly J & E Zahra) E & WJ Rankin AN TW Roots Latham E Rankin JB Moore AN JM Wild AN HVEC (formerly J & E Zahra) MG & LJ Latham Muswellbrook Race Club Limited AN Other private land On Sundays and public holidays, the night period ends and the day period begins at 8 am. Page 10

16 6.2 Cumulative Criteria Schedule 3, Condition 3 (Table 3) of DA211/93 (see Appendix B) provides maximum cumulative noise criteria for private receivers with corresponding ownership presented on Figure Noise Acquisition Criteria Schedule 3, Condition 2 and 4 (Table 2 and 4) of DA211/93 (see Appendix B) provides noise acquisition criteria for private receivers with corresponding ownership presented on Figure 2. Where noise generated from Bengalla alone or cumulatively exceeds the relevant criterion at any private receiver or on more than 25% of any privately-owned land, then upon written request by the landholder, BMC alone or collaboratively with other mines in the area will acquire the land in accordance with procedures stated in Schedule 4, Condition 6 and 7 of DA 211/93. Page 11

17 - Line Kayuga Road Muswellbrook Ulan Rail Roxburgh Road Wybong Road AN02 AN01 Roxb HB Bengalla - Landownership Noise Monitoring (10/07/2014) AN03 Hunter Edderton Road Bengalla Wybong River Road Denman Road Link Road AN04 Race DATUM: GDA 94 Zone : km Horizontal Scale Overton Road Logues Thomas Lane Road FIGURE 2 Drive Mitchell Private Freehold Industrial Freehold Crown Utilities / Government Owned Not Searched Mount Pleasant Project ZOA Highway England New N Legend DA Boundary West Muswellbrook Project (AL 19) Residence BMC Attended Noise Monitoring Locations Real Time Noise Monitor Bengalla Mining Company Mt Arthur Coal Mount Pleasant Project Mangoola Coal Muswellbrook Coal Mangoola Coal ZOA Mt Arthur Coal ZOA Mt Arthur Coal and Mount Pleasant Project ZOA Land Ownership & Noise Monitoring Locations

18 7.0 NOISE MANAGEMENT MEASURES 7.1 Environmental Management System BMC operates an ISO14001-certified Environmental Management System (EMS). The EMS is comprised of environmental procedures and standards for particular aspects and impacts of its operations. 7.2 Existing Noise Controls BMC implements the following noise management measures to minimise noise as far as practical at private receivers: Review of local forecasted meteorology to predict potential noise enhancing conditions and plan operations; Operation of a real time noise monitoring system and supplementary attended monitoring at night to provide feedback regarding the operation s acoustic performance; Operation of mobile plant in shielded sections of the mining area during the night period; Completion of surface work, including clearing, topsoil stripping, stockpiling and rehabilitation, during the day period; Mine planning for the scheduling and siting of active dump areas and haul roads away from impacted private receivers during night time operations; Construction of noise and visual bunds and tree screens surrounding the operation; Installation of noise attenuation units on mobile and some fixed plant; Regular maintenance of all mobile plant to manufacturer s specification; Design and construction of the ROM hopper with best practice modifications; Regular independent attended noise monitoring surveys at representative private receiver locations; Consideration of noise impacts during risk assessments and change management procedures for substantive changes to operating conditions; and Provision of noise awareness training to all employees. Page 13

19 7.2.1 Forecasting A review of forecast meteorological information assists in identifying potential noise enhancing conditions (if any). This allows key personnel to plan operations, including: Ongoing operation of normal activities; or Modifications to normal activities (see Section 7.2), which are considered to pose a noise risk to private receivers under those conditions. As provided in the Draft Application Note, whilst meteorological forecasting on a macro-scale is well developed, its application to micro-climates surrounding specific sites is less advanced or understood. Notwithstanding, BMC will continue to consider meteorological conditions when evaluating the risk of noise impacts Monitoring BMC operates a noise monitoring program comprising of compliance attended, supplementary attended and real time measurements. Section 8.0 provides further details regarding the noise monitoring regime Modifications to Operation Where monitoring as described in Section 8.3 identifies emissions exceeding trigger levels or noise criterion in the consent for representative receiver locations, modifications will be made so as to reduce noise within 75 minutes of the activated emissions trigger to enable compliance. Modifications may include relocation or cessation of activities or amendments to the operation of equipment commensurate with the nature and severity of the noise Noise Attenuation BMC currently operates and maintains mobile plant which has been commissioned as sound suppressed units or retro-fitted. BMC also designed and constructed the ROM hopper with best practice modifications including: Location of the hopper within a box-cut to maximise shielding towards receivers; Installation of hooding to control noise emitted from the inside surface of the hopper; and Construction of the hopper with a double steel skin. The space between the skins is filled with sand to dampen vibration in the hopper walls. Reduced wall vibration results in less noise produced by the walls as material is deposited in the hopper, particularly when the hopper is almost empty. Page 14

20 7.3 Landholder Management Measures In accordance with Schedule 3, Condition 5 (Table 5), upon receiving written request by the landholder, BMC will implement additional reasonable and feasible noise mitigation measures (such as double glazing, insulation and/or air-conditioning) at the following privately owned residences in consultation with the landholder: 38 Hamilton; 40 Ellis; 44 Lane; 47 Rankin; and 80 Rankin. Each location of each of the above residences is depicted on Figure 2. Page 15

21 8.0 MONITORING Noise monitoring for Bengalla comprises of compliance attended, supplementary attended and real time measurements. The monitoring program is undertaken in accordance with the conditions of DA 211/93, INP, AS 1055 and the Draft Application Note. 8.1 Compliance Attended Monitoring As provided in the Draft Application Note, attended monitoring is the currently accepted method for determining compliance with prescribed criteria for operational and cumulative noise. It allows an accurate determination of the contribution from a site, if any, to the overall noise catchment Frequency and Monitoring Period Consistent with the Draft Application Note, compliance attended monitoring is undertaken by an appropriately qualified acoustic consultant nominally once per calendar month (but at least two weeks apart) during the night period (10 pm to 7 am) at locations representative of the nearest private receivers. The requirements for day and evening monitoring are suspended, as per the Draft Application Note, given extensive experience has shown that daytime or evening criteria is rarely, if ever exceeded and that night time criteria is the limiting criterion. Further it is the Department s desire that resources be focused on monitoring the periods of the day which are the most sensitive and those where generated levels or noise are likely to be the most annoying. Consequently, unless there are compelling reasons to require monitoring during the day or evening periods at a specific location, any requirement to measure during these periods is suspended and this monitoring effort is to be directed towards fulfilling the additional night time monitoring requirements. In this regard, BMC will focus its assessment of noise during the night period. Following two weeks from the previous monitoring event, the acoustic consultant selects a random night period for monitoring. The elective to proceed with monitoring for the period is based on forecasted meteorology with the intention of recording a valid noise measurement as stipulated in the INP (i.e. not monitoring during exemption conditions see Section 8.1.4) under normal operating conditions at Bengalla. Whilst metrological forecasting on a macro-scale is well developed, its application to microclimates surrounding specific sites is less advanced or understood. Further, forecasting meteorological conditions for a specific 15 minute period has limitations and is also subject to variability. As such, the precise meteorological conditions when each noise measurement is recorded may vary to the forecasted prediction. This may consequently effect the application of criteria when applying the methods of the INP (see Section 8.1.4). Page 16

22 8.1.2 Monitoring Locations and Criteria Compliance attended monitoring is conducted at four locations representative of the nearest private receivers, including those receivers within an existing zone of acquisition. The locations have been selected based on the following considerations: Coverage for all potentially affected private receivers; Acoustic equivalence to private receivers represented by each monitoring location; Accessibility by personnel; and Minimal disturbance to residents. The monitoring locations are regularly reviewed and, where necessary, modified as a result of changes to the operation or land ownership. Criterion for each monitoring location is provided in Table 4. These criteria represent the acoustic equivalent noise levels as stipulated by the Development Consent at private receivers (see Table 3). Where a monitoring location is less distant to mining operations and receives a higher equivalent noise level than the closest private receiver, a correction factor has been applied based on noise modelling for the Continuation of Bengalla Mine Environmental Impact Statement (Hansen Bailey, 2013). Correction factors are reflected in the criteria provided in Table 4. Table 4 Compliance Attended Monitoring Locations and Criteria Location ID Location Name Night Criterion (db) AN01 Gate 15, Wyndham Arms Right of Way 35 AN02 Gilgai 1140 Wybong Road 39 AN03 Railway Crossing, Old Bengalla Road 36 AN04 Opposite 9 Racecourse Road 36 Page 17

23 8.1.3 Operational Noise Measurements Consistent with the Draft Application Note, noise data is collected simultaneously for a 15 minute period at each monitoring location, including: dba (A-weighting), an adjusted sound-level measurement to approximate the response of the human ear; and dbc (C-weighting), an adjusted sound-level measurement which takes account of lowfrequency components of noise within the audibility range of humans. If C-weighted noise cannot be simultaneously collected or calculated from the 15 minute data then a separate measurement of no less than five minutes is taken and the measurement recorded. Low pass filtering (generally less than 1,000 Hz) is applied to each measurement and is deemed acceptable to remove extraneous insect noise and more accurately record noise levels representative of mining (see Section 2.0). Other extraneous noise is paused from the data set or excluded by other means. An analysis of monitoring data indicated that noise levels from mining operations, particularly those levels measured at significant distances from the source are relatively continuous. Given this, noise levels at the monitoring locations are unlikely to be intermittent or impulsive. However, tonality and low frequency are to be assessed by analysis of the measured A and C-weighted spectrum (see Section 8.1.5). In general accordance with the Draft Application Note, if the reading is below the applicable criterion (see Table 4), then the result will be recorded as being in compliance and monitoring can progress to the next location. If mining noise levels exceed any criterion and are taken in valid meteorological conditions then the following steps are to be implemented: 1. The reading is to be recorded. Site personnel are to be advised by the acoustic consultant that the reading has exceeded the criterion. Proceed to Step Within 75 mins after the first reading (and no earlier than 10 pm), a second 15 minute reading is to be taken. If this reading exceeds any criterion then proceed to Step 3 otherwise proceed to Step If the second reading exceeds any criterion and is attributable to site and taken in valid meteorological conditions then the result is to be recorded, note the location has failed and is deemed a noise affected night at that location. An additional monitoring test (follow up measurement) will be scheduled at the location within one week. Page 18

24 4. DP&E will be notified at the earliest opportunity of all monitoring results that exceed the criterion, whether it be the first or second reading at any location, as per the notification requirements in Section For the purposes of compliance attended monitoring, an exceedance is any reading above the criterion stipulated in the Development Consent. Pending the extent of the exceedance, the development may or may not be in compliance as described in Section All monitoring that results in a night being deemed a noise affected night will be reported to DP&E, other relevant regulators and the community at the earliest opportunity as per the notification requirements in Section If noise was not measurable due to masking, then suitable methods will be employed as per the INP (e.g. measure closer and back calculate) to determine a value for assessment of compliance Exceptions As detailed in DA 211/93, noise generated by Bengalla is to be measured and evaluated in accordance with the relevant procedures and exemptions (including certain meteorological conditions) of the INP. Section 9 of the INP stipulates that development consent noise criterion will apply during all meteorological conditions where G-class inversions are a feature of the area except during: Rain; and Wind speed greater than 3 m per second (at 10 m height). Given Bengalla s site characteristics (see Section 2.1), these exceptions have been adopted in the method for measuring and assessing noise generated from site (see Section 8.1.1) Low Frequency Noise Low frequency noise is assessed in accordance with the INP, which allows the determination of either an intrusiveness or amenity criterion when considering land use planning. It recommends that a 5 db modifying factor be added to the A-weighted measured sound pressure level when the C-weighted sound pressure level minus the A-weighted sound pressure level (C-A) difference is 15 db or greater. However, it is recommended that a minimum C-A difference of at least 20 db is necessary to indicate the possible presence of a low frequency issue (Broner, 2011). Page 19

25 In general, the C-A difference is only an appropriate starting metric for indicating when a potential low frequency noise problem may become a significant source of annoyance to the public. Therefore with fluctuations, spectral balance and modulation this value becomes a limiting factor (Broner, 2011). Given this limitation, industry specialists and regulators are recommending the application of the method in A Simple Method for Low Frequency Noise Emission Assessment (Broner, 2010) (Broner Method). This shift in approach is further evident by the requirements of the Draft Application Note, which stipulates C-weighted noise criteria consistent with the Broner Method for day and evening (65 db) and night (60 db). In accordance with best practice, BMC will measure and assess low frequency noise in accordance with the Draft Application Note and the Broner Method. As described in Section and in accordance with the Draft Application Note, BMC will focus its assessment of noise during the night period. As described in Section 8.1.3, A and C-weighted data is collected simultaneously for a 15 minute period at each monitoring location. If the C-weighted reading is below the applicable criterion (60 db) during compliance attended monitoring then the result will be recorded as being in compliance and monitoring can progress to the next location. If the C-weighted noise level exceeds the relevant criterion, a 5 db penalty (or modifying factor) is applied to the measured LAeq noise level for the site s contributions and compared against the development consent criterion. Where mining noise levels exceed any criterion and are taken in valid meteorological conditions then the step in Section are implemented Non-Compliance Section 11 of the INP states that a development will be deemed to be in non-compliance with its consent if the noise level recorded during compliance attended monitoring is more than 2 db above the applicable criteria. This may occur for two reasons: The noise from the development is excessive, in which case the development is truly not complying with its consent; or The noise was increased by extreme, non-standard weather effects, in which case the development is not considered to be in non-compliance with its consent given that it has taken measures to minimise the noise impacts during temperature inversions. In the event a non-compliance exceedance is found to be caused by excessive noise generated from Bengalla, measures for the mitigation of noise will be considered and implemented (see Section 7.0) or a further negotiated with relevant stakeholders. In the event of non-compliance, the exceedance will be reported to DP&E and other relevant regulators at the earliest opportunity as per the notification requirements in Section Page 20

26 8.2 Supplementary Attended Monitoring Supplementary attended monitoring is a management tool for minimising noise if and when issues arise via the complaints responses process (see Section 9.4). It also provides a history that can be used to identify trends and is useful for continuous improvement, planning and decision-making related to noise control. The supplementary attended monitoring is in addition to the compliance attended monitoring described in Section 8.1 Results from the supplementary attended monitoring are not required to be used to determine compliance, since the noise levels recorded do not represent only noise from Bengalla Frequency and Monitoring Period As described in Section and in accordance with the Draft Application Note, BMC will focus its assessment of noise during the night period. In this regard, supplementary attended monitoring is undertaken daily during the night period Monitoring Locations and Criteria Measurements are recorded by a trained BMC personnel at locations representative of the nearest private receivers (the same locations associated with the compliance attended monitoring Table 4 and Figure 2) as a noise management tool. In the case of complaints, measurements will be recorded at the closest attended monitoring location and at the closest point to the complainant s residence having consideration of privacy. Criterion for each monitoring location is provided in Table 4 (the same criteria associated with the compliance attended monitoring). These criteria represent the acoustic equivalent noise levels as stipulated by the Development Consent at private receivers (see Table 3) Operational Noise Measurements Consistent with the Draft Application Note, supplementary attended monitoring involves noise being recorded for a continuous 5 minute period using a hand held monitor, which has the ability to filter noise frequencies less than 1,000 Hz to ensure only mining related noise is registered. Should supplementary attended monitoring read below the applicable criterion (see Table 4), no further action is taken and monitoring can progress to the next location. If mining noise levels exceed any criterion the following steps are to be implemented: 1. Open Cut Examiner (OCE) and Mine Monitoring and Control Supervisor is to be contacted; 2. Mine Monitoring and Control Supervisor reviews the location of equipment and meteorological conditions to determine if the source of the noise is likely to be generated from Bengalla and discusses this with the person undertaking supplementary monitoring; Page 21

27 3. If the source of the noise appears to be generated from Bengalla then the OCE will be notified of a potentially elevated level of noise; 4. The OCE (who is in the operational area) identifies noise sources by personal audible observation; and 5. If it is deemed by the OCE that the identified noise is a dominant source then the OCE will implement appropriate reasonable and feasible measures, which may include modifying, relocating or ceasing operations, to reduce noise from Bengalla until such time the supplementary attended monitoring reads a result below the applicable criterion. 8.3 Unattended (Real Time) Monitoring In addition to the regular compliance and supplementary attended monitoring program, BMC also operates two continuous unattended real time noise monitoring units as a management tool (see Table 5 and Figure 2). Results from the real time environmental monitoring system (RTEMS) are not required to be used to determine compliance since the noise levels recorded do not represent only noise from Bengalla and can be impacted by wind and other environmental factors Frequency and Monitoring Period As described in Section and in accordance with the Draft Application Note, BMC will focus its assessment of noise during the night period (10 pm to 7 am). RTEMS noise data (LAeq (Total) and LAeq (less than 1,000 Hz)) will continue to be recorded over a 24 hour period as a management tool. Whilst monitoring of the evening period is suspended as per the Draft Application Note, BMC has historically recorded a low number of complaints between 9 pm and 10 pm. To ensure this period is effectively managed, the RTEMS trigger levels will apply from 9 pm and continue through to the end of the night period (7 am). The timeframes during this period for which the amber and red triggers apply is outlined in Section Monitoring Locations and Trigger Levels The RTEMS at Bengalla has the ability to notify Mine Monitoring and Control by means of an electronic alert via the Supervisory Control and Data Acquisition system when recorded real time monitoring results indicate noise levels at the unit have reached predefined noise trigger levels. Appropriate trigger levels for the RTEMS have been developed with assistance from Bridges Acoustics and are based on predicted modelling completed for the Bengalla 2010 EA and the Continuation of Bengalla Mine Environmental Impact Statement (Hansen Bailey, 2013). The trigger levels have also been generated individually for both the Roxburgh Road and Racecourse Road monitors to best reflect appropriate impact criterion as presented in DA 211/93 (see Table 3). Page 22

28 Trigger levels are set to align and consequently alarm with the LAeq (less than 1,000 Hz) data set generated from the RTEMS. Consistent with the Draft Application Note, two trigger levels have been developed for the RTEMS and include: Amber trigger Representing noise levels at the monitoring location approximately 2 dba below the equivalent night time impact criterion at the nearest private residence. Triggered when two successive 15 minute averages above defined trigger levels are recorded; and Red trigger Representing noise levels at the monitoring location approximately equal to the equivalent night time impact criterion at the nearest private residence. Triggered when two successive 15 minute averages above defined trigger levels are recorded. Adopted amber and red trigger levels are presented in Table 5. External noise sources, such as traffic and racetrack training, in the vicinity of Bengalla have the potential to contribute to noise levels and influence the RTEMS readings. In this regard, amber trigger levels will apply from 9 pm to 5 am. In adopting a conservative approach, red trigger levels will apply from 9 pm through to the end of the night period (7 am). The timing for the application of the red trigger will be trialled for a period of six months to assess the number of false readings during 5 am and 7 am and subsequently reviewed in consultation with relevant stakeholders. Table 5 Real Time Monitor Locations and Trigger Levels Location ID Location Name Area Represented Trigger Level (db) (9 pm 5 am) Trigger Level (db) (5 am 7 am) Amber Red Red Race Racecourse East Roxb Roxburgh Road (Wyndham Arms Right of Way) West Page 23

29 8.3.3 Operational Implementation of Real Time Monitoring In the event that an amber trigger notification is received, the following actions are typically undertaken to reduce noise within 75 minutes of the amber trigger: 1. Mine Monitoring and Control Supervisor reviews the location of equipment and meteorological conditions to determine if the source of the noise is likely to be generated from Bengalla; 2. If the source of the noise appears to be generated from Bengalla then the OCE will be notified of a potentially elevated level of noise; 3. The OCE (who is in the operational area) identifies noise sources by personal audible observation; 4. If it is deemed by the OCE that the identified noise is a dominant source then the OCE will implement appropriate reasonable and feasible measures to reduce noise from Bengalla; and 5. The OCE has to the ability to determine if any further actions are required or if results are within an acceptable range based on the review of real time noise data. In the event that a red trigger notification is received, the following actions are typically undertaken to reduce noise within 75 minutes of the red trigger: 1. Steps 1 to Step 4 from the amber trigger notification are repeated, including a review of real time noise data and modification of operations as required; 2. The OCE/Mine Monitoring and Control Supervisor may request a trained BMC personnel to complete a noise recording at the appropriate attended noise monitoring site (which is the nearest attended noise monitoring site to the RTEMS that has been triggered); 3. The OCE is advised by personnel of the noise level reading from the sound level meter and the audible source of the noise monitored; and 4. If the noise is determined to be originating from Bengalla then all reasonable and feasible mitigation measures will be implemented until such time as the RTEMS records results below the red trigger for two successive 15 minute periods. Such measures will continue to be implemented under the equivalent meteorological conditions to maintain noise below the red trigger level. To ensure that BMC is efficiently managing operations, trigger levels are reviewed periodically internally to confirm that they are accurately differentiating between noise from BMC to that from other sources (e.g. wind, insects, public traffic, rail or neighbouring mines). Page 24

30 Any unattended data will be collected and stored on site to allow for data trend analysis as required. The following data parameters, as returned from the RTEMS, are trended in real time and displayed in the Mine Monitoring and Control centre as a management tool: LAeq (Total) and LAeq (less than 1,000 Hz); Wind speed; Wind direction; Atmospheric stability class to measure inversion strength to allow correlation of atmospheric parameters and measured noise levels; and The relevant impact criterion Monitoring Locations and Trigger Levels Data from the RTEMS will be compared to the results of the supplementary attended monitoring and the closest compliance attended monitoring location, under suitable meteorological conditions where the Development Consent criterion applies. 8.4 Cumulative Impacts To assist in ensuring there are no cumulative noise impacts around Bengalla, BMC utilise two real time noise monitors to monitor noise levels. If real time monitors identify excessive mining noise being generated by another mine site, the Environmental Specialist will contact that site to discuss the situation. This practice will occur with Mount Pleasant should it commence. In addition a copy of the final NMP will be provided to Mt Arthur Coal Mine and Mount Pleasant Project personnel. Page 25

31 9.0 COMMUNICATION 9.1 Reporting Scheduled Reporting BMC s environmental noise performance is reported to its stakeholders via: An Annual Review, previously known as the Annual Environmental Management Report; Quarterly updates of monitoring results on the BMC website; Community Consultative Committee (CCC) meetings; and Neighbour reports (by exception, in the event of noise exceedance). The Annual Review is written in accordance with the requirements of Schedule 5, Condition 3 of DA 211/93. A copy of the Annual Review will be forwarded to relevant stakeholders including, but not limited to, DP&E, Muswellbrook Shire Council, Department of Trade, Regional Infrastructure and Services, Department of Premier and Cabinet and members of the CCC. The Annual Review will also be placed on the BMC website Incident Reporting In the event any exceedance of the applicable criterion has occurred during attended monitoring (see Section and 8.1.5), the exceedance will be reported to DP&E and other relevant regulators at the earliest opportunity or within 7 days as required by Schedule 5, Condition 7 of DA 211/93, whichever occurs first. BMC will subsequently submit a written report that: Describes the date, time, and nature of the exceedance; Identifies the cause (or likely cause) of the exceedance; Describes what action has been taken to date; and Describes the proposed measures to address the exceedance. In accordance with Schedule 4, Condition 2 of DA211/93, as soon as practicable after obtaining monitoring results showing an exceedance of the criterion, BMC will notify the affected landowners in writing of the exceedance. Subsequent monitoring reports will also be provided to all affected landowners to demonstrate that BMC is again complying with relevant criterion. Page 26

32 9.2 Periodic Plan Reviews In accordance with Schedule 5, Condition 4 of DA 211/93, this NMP will be reviewed within three months of the submission of: Annual review under Condition 3 of Schedule 5 of DA 211/93; Incident report under Condition 7 of Schedule 5 of DA 211/93; Audit under Condition 9 of Schedule 5 of DA 211/93; and Any modification to the conditions of DA 211/ Performance Indicators Schedule 5, Condition 2 of DA 211/93 requires BMC to describe specific performance indicators to judge the performance of or guide the implementation of the development of any management measures. The extent to which this NMP complies with DA 211/93 will be measured by the following performance indicators: Compliance with relevant noise criterion at monitoring locations, in particular those which are representative of sensitive receiver locations; and Compliance with the NMP as indicated by statutory reporting. 9.4 Complaints Response Procedure All complaints received regarding operational noise impacts will be responded to in accordance with Schedule 5, Condition 2(g) of DA 211/93 consistent with BMC s existing Complaints Response Procedure. The Community Complaints Hotline ( ) for Bengalla is operated and maintained by Coal and Allied 24 hours per day, seven days per week for the purpose of receiving complaints from members of the public in relation to activities conducted at the premises. Calls to the hotline are directed to a call centre service operated by an external provider. Details of the complaint are recorded and relayed to applicable site personnel via and mobile SMS. All complaints received are investigated and recorded in accordance with the requirements of the Development Consent and EPL Applicable site personnel contact the responsible person for the aspect and source area of the complaint and advise that person of the complaint. The responsible person then assesses operations and takes action in consultation with the Environment Department, where appropriate. Where an investigation or further action is required in relation to a noise complaint, the measures outlined in Section 7.0 and 8.0 will be implemented. If the investigation indicates likely non-compliance with consent or licence criteria at the time of complaint, operational change will occur to bring the operation into compliance with the criteria. Page 27

33 10.0 CONTINUOUS IMPROVEMENT BMC continually strives to improve Bengalla s environmental performance by the continued implementation of its ISO14001-certified EMS. Reasonable and feasible new best practice technologies will be investigated and adopted where relevant and progress will continue to be monitored using the performance indicators detailed in Section 9.3. Page 28

34 11.0 RESPONSIBILITIES The roles and responsibilities of staff at BMC in respect of this NMP are presented below in Table 6. Table 6 Roles and Responsibilities Title Responsibility General Manager Provide required resources and support to implement commitments in this NMP Production Manager Implement the procedures referenced in this NMP Provide resources required to implement these procedures Technical Services Manager Implement the procedures referenced in this NMP Ensure training in relevant Management Plans and procedures is provided to employees Provide resources required to implement these procedures Maintenance Manager Maintenance of machinery and repair of attenuation devises to ensure functionality is maintained Shift Supervisor / OCE It is the relevant shift supervisors responsibility for mining, transport or coal handling operations under their control to operate according to this NMP Utilise weather forecasts to predict adverse weather conditions and implement operations modifications if required Implement all available reasonable and feasible noise mitigation measures Coordination of nightly Bengalla supplementary attended monitoring and recording of actions and/or required modification to operations Mine monitoring and control supervisor Environment and Approvals Specialist Monitoring of the real time noise management system for alerts Reviewing meteorological conditions after an alert is received to determine if Bengalla is the likely noise source Advising the OCE of alerts as required Prepare the NMP Consult with regulatory authorities as required Undertake noise monitoring and ensure all exceedances are analysed and confirmed, as required Provide measures for continual improvement to this NMP Manage maintenance of the unattended monitoring network Conduct management of the noise monitoring program including management of an appropriate database, regular data review, scheduled reporting and exceedance reporting as required Respond to community noise complaints Report noise performance within the Annual Review Page 29

35 Title All Employees and Contractors Responsibility Implement the procedures referenced in this NMP Page 30

36 12.0 REFERENCES Broner, N. (2011) A Simple Outdoor Criterion for Assessment of Low Frequency Noise Emission Broner, N. (2010) A Simple Method for Low Frequency Noise Emission Assessment Hansen Bailey (2013) Continuation of Bengalla Mine Environmental Impact Statement Hansen Bailey (2010) Bengalla Mining Company Development Consent Modification Environmental Assessment NSW Department of Planning and Environment (DP&E) (undated) NSW Draft Guideline: Mining, Noise Monitoring Application Note NSW Environment Protection Authority (EPA) (2000) NSW Industrial Noise Policy NSW Environment Protection Authority (EPA) (1999) Environmental Criteria for Road Traffic Noise NSW Environment Protection Authority (EPA) (1985) Environmental Noise Control Manual Standards Australia (1997) Australian Standard 1055 Acoustics, Description and Measurement of Environmental Noise Page 31

37 13.0 ABBREVIATIONS AS 1055 Abbreviation Description Australian Standard AS 1055 Acoustics, Description and Measurement of Environmental Noise Bengalla Bengalla Mine Bengalla 2010 EA Bengalla Mining Company Development Consent Modification Environmental Assessment 2010 BMC Bengalla Mining Company Broner Method A Simple Method for Low Frequency Noise Emission Assessment (Broner, 2010) CCC CHPP DA dba dbc DP&E Draft Application Note EMS EPA EPL G-class Hz Community Consultative Committee Coal Handling and Preparation Plant Development Application A-weighted decibels is an adjusted sound-level measurement to approximate the response of the human ear C-weighting decibels is an adjusted sound-level measurement which takes account of low-frequency components of noise within the audibility range of humans NSW Department of Planning and Environment NSW Draft Guideline: Mining Noise Monitoring Application Note (DP&E, undated) Environmental Management System NSW Environment Protection Authority Environment Protection Licence Inversion strength 4 C/100m or greater Hertz INP NSW Industrial Noise Policy (EPA, 2000) km LAeq m Mtpa NMP NSW OCE PoEO Act ROM RTEMS Kilometres A-weighted equivalent continuous noise level the level of noise equivalent to the energy average of noise levels occurring over a measurement period Metres Million tonnes per annum Noise Management Plan New South Wales Open Cut Examiner Protection of the Environment Operations Act 1997 (NSW) Run of Mine Real time Environmental Monitoring System Page 32

38 APPENDIX A REGULATORY CORRESPONDENCE

39

40

41 Jason Martin From: Sent: To: Cc: Subject: Jason Martin Thursday, 31 January :35 PM Benjamin Harrison; 'Scott Brooks' 'White, Craig (RTCA)'; Dianne Munro; Amy Harburg Renee Attard Bengalla Management Plans for DA 211/93 (M4) A file has been sent to you via the YouSendIt File Delivery Service. Download the file - BMC DA (M4) Management Plans.rar Your file will expire after 7 days or 100 downloads. Afternoon Ben and Scott, Please see the link above to download the following Bengalla Mining Company management plans required for DA 211/93 (M4) including: Noise Management Plan; Blast Management Plan (including Road Closure Management Plan); Rehabilitation Management Plan; Landscape Management Plan; and Environmental Management Strategy. Also enclosed within the link above, is the formal submission letter to accompany the management plans. Each plan has also been provided to the relevant regulators, as required by DA 211/93, for consultation with any responses to be addressed in the final versions. Should you have any questions in relation to these documents please feel free to call to discuss as required. Regards, Jason. Jason Martin Environmental Scientist HANSEN BAILEY Tel: (02) Fax: (02) Mobile: jmartin@hansenbailey.com.au 1

42 31 January 2013 Department of Planning & Infrastructure Mining & Industry Projects GPO Box 3145 SINGLETON NSW 2330 Attention: Mr Ben Harrison Dear Ben BENGALLA MINE NOISE MANAGEMENT PLAN Bengalla Mining Company (BMC) submitted an Application and supporting Bengalla Development Consent Modification Environmental Assessment (Hansen Bailey 2010) to the Department of Planning & Infrastructure (DP&I) to modify operations at Bengalla Mine to resolve the overburden capacity issues. Development consent modification DA 211/93 (M4) was subsequently approved under delegation from the Minister for Planning on 7 October DA 211/93 (M4) requires BMC to prepare a Noise Management Plan (NMP) in consultation with the relevant regulatory bodies. Comment is therefore sought from Department of Planning & Infrastructure (DP&I) in relation to the NMP. Schedule 3, Condition 8 of DA 211/93 states: Noise Management Plan 8. The Applicant shall prepare and implement a Noise Management Plan for the development to the satisfaction of the Director-General. This plan must: (a) be prepared in consultation with OEH, and submitted to the Director-General for approval by the end of December 2012; (b) describe the noise mitigation measures that would be implemented to ensure compliance with the relevant conditions of this consent, including a real-time noise management system that employs both reactive and proactive mitigation measures; (c) includes a noise monitoring program that: Uses a combination of real-time and supplementary attended monitoring measures to evaluate the performance of the development; Include a protocol for determining exceedances of the relevant conditions of this consent; and (d) include a protocol that has been prepared in consultation with the owners of nearby mines (including the Mount Pleasant Mine) to minimise the cumulative noise impacts of the mines. On 17 December 2012, DP&I granted BMC an extension of one month to allow the submission of the NMP to the Director-General by 31 January A copy of this correspondence is provided in Appendix A of the NMP. We would appreciate it if you could provide any comments on the NMP to Hansen Bailey by Wednesday, 22 February If by this time we have not received any comments we will assume that you do not wish to make comments on this document, and BMC will submit it to DP&I for their approval.

43 Page 2 Should you have any queries in relation to this letter, please contact myself on Yours faithfully HANSEN BAILEY Jason Martin Environmental Scientist Ref: Submission Letter to DP&I re NMP.docx HANSEN BAILEY

44 31 January 2013 Environmental Superintendent Mt Arthur Coal Private Mail Bag 8 MUSWELLBROOK NSW 2333 Attention: Ms Julie McNaughton Dear Julie BENGALLA MINE NOISE MANAGEMENT PLAN Bengalla Mining Company (BMC) submitted an Application and supporting Bengalla Development Consent Modification Environmental Assessment (Hansen Bailey 2010) to the Department of Planning & Infrastructure (DP&I) to modify operations at Bengalla Mine to resolve the overburden capacity issues. Development consent modification DA 211/93 (M4) was subsequently approved under delegation from the Minister for Planning on 7 October DA 211/93 (M4) requires BMC to prepare a Noise Management Plan (NMP) in consultation with the relevant regulatory bodies. Comment is therefore sought from Mt Arthur Coal (MAC) in relation to the NMP. Schedule 3, Condition 8 of DA 211/93 states: Noise Management Plan 8. The Applicant shall prepare and implement a Noise Management Plan for the development to the satisfaction of the Director-General. This plan must: (a) be prepared in consultation with OEH, and submitted to the Director-General for approval by the end of December 2012; (b) describe the noise mitigation measures that would be implemented to ensure compliance with the relevant conditions of this consent, including a real-time noise management system that employs both reactive and proactive mitigation measures; (c) includes a noise monitoring program that: Uses a combination of real-time and supplementary attended monitoring measures to evaluate the performance of the development; Include a protocol for determining exceedances of the relevant conditions of this consent; and (d) include a protocol that has been prepared in consultation with the owners of nearby mines (including the Mount Pleasant Mine) to minimise the cumulative noise impacts of the mines. On 17 December 2012, DP&I granted BMC an extension of one month to allow the submission of the NMP to the Director-General by 31 January A copy of this correspondence is provided in Appendix A of the NMP. We would appreciate it if you could provide any comments on the NMP to Hansen Bailey by Wednesday, 22 February If by this time we have not received any comments we will assume that you do not wish to make comments on this document, and BMC will submit it to DP&I for their approval.

45 Page 2 Should you have any queries in relation to this letter, please contact myself on Yours faithfully HANSEN BAILEY Jason Martin Environmental Scientist Attachment; Noise Management Plan Ref: Submission Letter to MAC re NMP.docx HANSEN BAILEY

46 31 January 2013 Environmental Specialist Project Approvals Mt Pleasant PO Box 315 SINGLETON NSW 2330 Attention: Mr Mark Nolan Dear Mark BENGALLA MINE NOISE MANAGEMENT PLAN Bengalla Mining Company (BMC) submitted an Application and supporting Bengalla Development Consent Modification Environmental Assessment (Hansen Bailey 2010) to the Department of Planning & Infrastructure (DP&I) to modify operations at Bengalla Mine to resolve the overburden capacity issues. Development consent modification DA 211/93 (M4) was subsequently approved under delegation from the Minister for Planning on 7 October DA 211/93 (M4) requires BMC to prepare a Noise Management Plan (NMP) in consultation with the relevant regulatory bodies. Comment is therefore sought from Mt Pleasant (MTP) in relation to the NMP. Schedule 3, Condition 8 of DA 211/93 states: Noise Management Plan 8. The Applicant shall prepare and implement a Noise Management Plan for the development to the satisfaction of the Director-General. This plan must: (a) be prepared in consultation with OEH, and submitted to the Director-General for approval by the end of December 2012; (b) describe the noise mitigation measures that would be implemented to ensure compliance with the relevant conditions of this consent, including a real-time noise management system that employs both reactive and proactive mitigation measures; (c) includes a noise monitoring program that: Uses a combination of real-time and supplementary attended monitoring measures to evaluate the performance of the development; Include a protocol for determining exceedances of the relevant conditions of this consent; and (d) include a protocol that has been prepared in consultation with the owners of nearby mines (including the Mount Pleasant Mine) to minimise the cumulative noise impacts of the mines. On 17 December 2012, DP&I granted BMC an extension of one month to allow the submission of the NMP to the Director-General by 31 January A copy of this correspondence is provided in Appendix A of the NMP. We would appreciate it if you could provide any comments on the NMP to Hansen Bailey by Wednesday, 22 February If by this time we have not received any comments we will assume that you do not wish to make comments on this document, and BMC will submit it to DP&I for their approval.

47 Page 2 Should you have any queries in relation to this letter, please contact myself on Yours faithfully HANSEN BAILEY Jason Martin Environmental Scientist Attachment; Noise Management Plan Ref: Submission Letter to MTP re NMP.docx HANSEN BAILEY

48 31 January 2013 Head Regional Operations Unit Hunter Office of Environment and Heritage PO Box 488G NEWCASTLE NSW 2300 Attention: Mr Bill George Dear Bill BENGALLA MINE NOISE MANAGEMENT PLAN Bengalla Mining Company (BMC) submitted an Application and supporting Bengalla Development Consent Modification Environmental Assessment (Hansen Bailey 2010) to the Department of Planning & Infrastructure (DP&I) to modify operations at Bengalla Mine to resolve the overburden capacity issues. Development consent modification DA 211/93 (M4) was subsequently approved under delegation from the Minister for Planning on 7 October DA 211/93 (M4) requires BMC to prepare a Noise Management Plan (NMP) in consultation with the relevant regulatory bodies. Comment is therefore sought from Office of Environment and Heritage (OEH) in relation to the NMP. Schedule 3, Condition 8 of DA 211/93 states: Noise Management Plan 8. The Applicant shall prepare and implement a Noise Management Plan for the development to the satisfaction of the Director-General. This plan must: (a) be prepared in consultation with OEH, and submitted to the Director-General for approval by the end of December 2012; (b) describe the noise mitigation measures that would be implemented to ensure compliance with the relevant conditions of this consent, including a real-time noise management system that employs both reactive and proactive mitigation measures; (c) includes a noise monitoring program that: Uses a combination of real-time and supplementary attended monitoring measures to evaluate the performance of the development; Include a protocol for determining exceedances of the relevant conditions of this consent; and (d) include a protocol that has been prepared in consultation with the owners of nearby mines (including the Mount Pleasant Mine) to minimise the cumulative noise impacts of the mines. On 17 December 2012, DP&I granted BMC an extension of one month to allow the submission of the NMP to the Director- General by 31 January A copy of this correspondence is provided in Appendix A of the NMP. We would appreciate it if you could provide any comments on the NMP to Hansen Bailey by Wednesday, 22 February If by this time we have not received any comments we will assume that you do not wish to make comments on this document, and BMC will submit it to DP&I for their approval.

49 Page 2 Should you have any queries in relation to this letter, please contact myself on Yours faithfully HANSEN BAILEY Jason Martin Environmental Scientist Attachment; Noise Management Plan Ref: Submission Letter to OEH re NMP.docx HANSEN BAILEY

50 Jason Martin From: Sent: To: Cc: Subject: Scott Brooks Monday, 17 December :01 PM Jason Martin Benjamin Harrison; Re: Bengalla Management Plans Jason, Ben and I discussed this matter last Friday. We agreed that we could delay their due date to the 31st January I confirm that the due date of the Bengalla management plans as outlined below is now the 31st January Scott Scott Brooks Team Leader Compliance (Mining) Mining & Industry Projects Department of Planning & Infrastructure Suite 14, Level 1, 1 Civic Av PO Box 3145 Singleton NSW E: scott.brooks@planning.nsw.gov.au P: M: F: Please consider the environment before deciding to print this . >>> "Jason Martin" <jmartin@hansenbailey.com.au> 12/17/2012 1:43 pm >>> Hi Scott and Ben, With reference to your phone discussion with Craig White from Bengalla last week I would just like to confirm that you have granted an extension of time, to the 31 January 2013, for the submission of the remaining management plans associated with DA 211/93 (as modified). The remaining management plans include: Schedule 3, Condition 8 Noise Management Plan; Schedule 3, Condition 16 Blast Management Plan; Schedule 3, Condition 35 Landscape Management Plan; Schedule 3, Condition 41 Rehabilitation Management Plan; and Schedule 5, Condition 1 Environmental Management Strategy. If you could please confirm that the abovementioned management plans are now due to be submitted to DP&I by the 31 January 2013 that would be appreciated. Please call to discuss as required. Regards, Jason. Jason Martin Environmental Scientist HANSEN BAILEY Tel: (02) Fax: (02)

51 APPENDIX B STATUTORY REQUIREMENTS DA 211/93

52 DA 211/93 (as modified) Development Consent Conditions Schedule 3 Environmental Performance Conditions No. Condition Section 1 The Applicant shall ensure that the noise generated by the development does not exceed the noise criteria in Table 1 at any residences on privately-owned land or on more than 25% of any privately-owned land. Table 1: Noise criteria db(a) 6.1 Notes: To identify the locations referred to in Table 1, refer to Figure 1 in Appendix 3. Noise generated by the development is to be measured in accordance with the relevant procedures and exemptions (including certain meteorological conditions) of the NSW Industrial Noise Policy. However, these criteria do not apply if the Applicant has a written agreement with the relevant landowner to exceed the criteria, and the Applicant has advised the Department in writing of the terms of this agreement. Page 1