RICHFIELD-MAC NOISE MITIGATION AGREEMENT
December 1998

A. Environmental

1. MAC agrees to develop and implement an air quality monitoring and reporting plan in accordance with the provisions of the EIS and through consultation with the MPCA.
2. MAC agrees to evaluate surface and groundwater flows and implement mitigation measures to ensure no off-airport impacts in accordance with the provisions of the EIS and through consultation with the MPCA.
3. MAC agrees to integrate berms and landscaping, in consultation with Richfield, with development along the west side of MSP airport.
4. MAC agrees to develop lighting in the west side building area in such a manner as to minimize impacts on Richfield.
5. MAC accepts the findings of the Minnesota Environmental Quality Board (Exhibit A, 28 through 37) adopted on November 18, 1998 regarding low frequency noise.

B. Mitigation

1. MAC agrees to expedite an update of the Part 150 Program in order to re-evaluate and revise the airport DNL contours, including those impacting the City of Richfield.
2. MAC agrees to flexible use, at Richfield’s discretion and consistent with the revised Part 150 Program, of funds associated with proposed soundproofing within the DNL 60 in Richfield.
3. MAC agrees to pursue amending the Runway 4/22 Record of Decision (ROD) to permit flexibility in the use of funds identified for mitigation of Runway 4/22 Runway Use System impacts in Richfield by Richfield at their discretion and subject to FAA approval at a point in time when MAC is assured that there will be no delays caused by Richfield in constructing the North/South Runway.
4. Richfield agrees to be responsible for the use of all Part 150 funds reallocated to the city by the MAC through the provisions of this agreement.
5. MAC and Richfield agree to jointly petition the FAA for a resolution that ensures Richfield will maintain ownership of the properties acquired through this mitigation process. The MAC does not intend or desire to retain ownership of properties in Richfield west of Trunk Hwy. 77.
6. MAC agrees to immediately address the issue of low frequency noise and vibration. To this end, MAC agrees to expedite an evaluation of low frequency noise and aircraft noise induced vibration and mitigation, using the process described in Exhibit B (attached) within 100 days of the date of the agreement.
7. MAC agrees to incorporate the recommendations of the Low Frequency Noise Policy Committee or the mediation process (identified in Exhibit B) in MAC’s Part 150 Program unless it determines that those recommendations are not prudent and feasible. MAC’s decision regarding implementation of the Policy Committee’s recommendations shall be deemed to be a final order of the Commission, subject to judicial review as provided by law. This paragraph is not intended to change the standard of review ordinarily applicable to orders of the Commission.
8. MAC agrees to vigorously pursue, advocate and support all prudent and feasible possibilities for funding of the low frequency noise implementation program as determined in Item B7, including but not limited to state and federal legislation and FAA funding.

C. Commercial Redevelopment

1. MAC agrees, in consultation with Richfield, to assist in encouraging airport and other businesses that must be relocated due to airport expansion to relocate to the Cedar Avenue redevelopment area.
2. MAC and Richfield, with the Metropolitan Council in the lead and hopefully in collaboration with the cities of Minneapolis and Bloomington, agree to propose establishment of an Airport Impact Tax Increment Finance District (TIF) qualified by the unique characteristics of communities closest to large-scale airport operations, to the 1999 session of the Minnesota Legislature.
3. MAC and Richfield agree that a potential use of the funds described above could be used as seed money for the TIF, and MAC agrees to seek FAA approval for this proposal.

D. Transportation Improvements

1. Metropolitan Council agrees to communicate Richfield’s needs to MnDOT in an effort to ensure that the redesign of the TH77 interchange with 66^th Street does not conflict with Richfield’s redevelopment plans. The interchange construction should be completed before the new cargo area and North/South Runway become operational.

E. Recreational Assets

1. MAC and Richfield agree to enter into a lease agreement for MAC properties in the northwest quadrant of the TH62 and TH77 interchange, and south of TH62 adjacent to 28^th Avenue. The lease would be guaranteed for an agreed-to number of years, after which the lease would be year to year subject to MAC. The agreement is subject to a review of community impacts and study as to whether ballfields, community gardens, an archery range and other facilities can be built in this location near the runway safety zones.
2. MAC agrees to enter into a long-term lease, or consider transfer of ownership, of Taft Park to Richfield.
3. MAC agrees to continue discussing options to redevelop the upper bluff area into an 18-hole golf course and recreation area with the Airport Recreation Coordinating Group.
4. MAC agrees to pay Richfield $460,000 for neighborhoods parks affected by the acquisition of New Ford Town and Rich Acres. Richfield may decide to accept this offer or proceed to condemnation.

F. Social Impacts

1. MAC agrees to work with communities to develop a legislative proposal for state funding that addresses the community and social impacts related to the 1996 MSP airport expansion mandate by the Minnesota Legislature. This agreement is consistent with the 1996 Mitigation Committee Report.
2. MAC agrees to assist affected communities to develop a legislative proposal for state funding to address the loss of school and city revenues due to MSP airport expansion.

G. Good Faith

1. MAC agrees to use its best efforts to secure approval of this agreement from the FAA and other decisionmakers with authority or an interest in these matters.
2. Richfield agrees to withdraw current objections to the project, including but not limited to, MPCA, Metropolitan Council, and the Minnesota Legislature. Richfield further agrees not to pursue litigation or other measures in the future that would delay or have the effect of delaying the North/South Runway or any other part of the MSP airport expansion plan in the ROD totaling $1.7 billion. However, nothing prohibits either party from pursuing litigation to enforce the terms of this agreement.
3. The provisions of the agreement are subject to Federal law regarding revenue diversion.
4. MAC and Richfield commit to implement this agreement in a cooperative and collaborative manner.

This agreement, made and entered into as of the dates indicated, by the City of Richfield and the Metropolitan Airports Commission, and witnessed by the Metropolitan Council

CITY OF RICHFIELD

By - ___
/s/ Martin J. Kirsch__________________ ___12/18/98__________________
Date

By - ___/s/ Michael Sandahl__________________ ___12/18/98__________________

Date

Approved as to form:

By - ___/s/ Chuck Dayton____________________ ___12/18/98__________________
Date

METROPOLITAN AIRPORTS COMMISSION

By - ___/s/ Pierson M. Grieve_________________ ___12/17/98__________________

Pierson M. Grieve Date

Chair

METROPOLITAN COUNCIL

By - _____________________________________ ____________________________

Curt Johnson Date

Chair

Low Frequency Noise

28. The City of Richfield has expressed the concern that the EIS does not address the impacts of low frequency noise on the city and its residents, particularly those residents on the east side of the city nearest the airport and the proposed new north-south runway. The issue of the impact of noise which will be generated by aircraft on the ground during takeoffs and landings and mitigation measures to reduce ground noise impacts was identified during the scoping process and was recognized as an issue in the FEIS, and in responses to comments in the FEIS.
29. Low frequency noise is sound energy with frequencies less than about 100 to 200 Hz (cycles per second). Human hearing is less sensitive to low frequency sound than it is to higher frequency sound. Low frequency sound is the energy that can cause buildings to vibrate; it more readily penetrates through structures than does high frequency sound.
30. Aircraft operations generate sounds of low frequency as well as sounds throughout the frequency spectrum. The low frequency energy is radiated more strongly to the rear and side of the aircraft and can propagate over considerable distances without being reduced as much as is higher frequency sound energy. Aircraft on the runway during takeoffs and landings generate significantly more low frequency noise, or low rumbling sounds, than do aircraft in flight. Noise will be generated on the ground by aircraft using Runway 17-35, the north-south runway, particularly during acceleration for takeoff and while using reverse thrusters for deceleration on landing.
31. The sound energy of runway noise, particularly low frequency noise, causes vibration, rattling of windows, walls, floors, pictures, and other objects in buildings which are exposed to levels of low frequency noise.
32. Higher frequency sounds that are most noticeable to human hearing are generally measured using what is called an A-weighted scale. Low frequency energy is not accurately reflected by the A-weighted scale. A C-weighted scale can more accurately measure these low frequency sounds. The FAA and MAC used the A-weighted scale in the FEIS to analyze noise impacts of the north-south runway.
33. There are no standards in either federal or state law for low frequency sounds. The lack of such standards does not mean that the EIS does not have to address the environmental impacts associated with low frequency noise.
34. Sufficient scientific data and information exist to analyze and describe the impact of low frequency noise, which will result from the operation of the north-south runway. Due to its production of noise including low frequency noise, the operation of the north-south runway has the potential for significant adverse effects on the people living in Richfield.
35. The City of Richfield has developed a mitigation plan for reducing the impacts of low frequency noise on city residents. The FAA has undertaken efforts to reduce low frequency noise impacts near Baltimore Washington International Airport.
36. The MEQB has no authority to require mitigation of low frequency noise.
37. The MEQB rules recognize that an "EIS shall identify and briefly discuss any major differences of opinion concerning significant impacts of the proposed project on the environment." Minn. Rules part 4410.2300, item H. The record in this case discusses at length the differences between MAC and the City of Richfield over the low frequency noise issue.

1. Not later than twenty (20) days following the date of this Agreement, MAC will establish a Low Frequency Noise Policy Committee to conduct a comprehensive study of low frequency aircraft noise.
   
2. The Low Frequency Noise Policy Committee shall consist of the following members: Richfield, Metropolitan Airports Commission, Bloomington, and Minneapolis, with members appointed by the body they represent. The Federal Aviation Administration, Minnesota Pollution Control Agency and Metropolitan Council will provide technical assistance to the Policy Committee.
3. The Low Frequency Noise Policy Committee will be charged with the following tasks:

1. Review all existing information pertaining to SFO, BOS, BWI and LAX and any other published studies of the audibility and impact of low frequency noise, not excluding impacts outside of residential settings.
2. Conduct such studies as, in the opinion of the Low Frequency Noise Policy Task Force, are necessary to address issues related to low frequency noise.
3. Convene an Expert Panel consisting of Sanford Fidell, Andrew Harris, and a third member to be named by these two, to provide technical input and information to the Policy Committee for consideration.
4. Present recommendations regarding the appropriate noise metric, compatibility standards, and recommended mitigation programs, measures or techniques.
5. Prepare a report or reports documenting the Policy Committee's deliberations and conclusions.
   

The work of the panel shall be completed within 100 days from the date of this Agreement, unless a majority of the Policy Committee deem it necessary to extend the time period in order to complete the tasks outlined above. In the event the Low Frequency Noise Policy Committee is unable to reach meaningful recommendations, the issues will be submitted to mediation, to be conducted by a certified mediator.

• Staff and design consultant time
• Equipment costs

• Staff and consultant time and services
• Lobbying of FAA for approval of mitigation program and modification of Runway 4-22 Record of Decision
• Support of Low Frequency Noise Policy Committee
• Funding for noise mitigation efforts
• Reallocation of funding from Runway 4-22 to area west of Trunk Highway 77

• Resources at Legislature regarding TIF establishment
• Staff resources with Richfield regarding encouraging Trunk Highway 77 development

• Lobbying resources for 66th Street Interchange and 77th Street tunnel

• Use of MAC property for recreational purposes
• Payment for New Ford Town and Rich Acres neighborhood parks
• Staff resources relative to Fort Snelling Upper Bluff recreational development