A Data Collection Noise Level Case Study Methodology for an Expert Witness

A Chu1, E Harvey1, J Lee2, D Parsons3, C Bates1, W Stevens1, and R Yearout1

University of North Carolina Asheville 1Department of Management and Accountancy

Asheville, NC 28804 USA

2Department of Mathematics Asheville, North Carolina 28804 USA

3Mars Hill University Department of Business Mars Hill, NC 28754

Corresponding author’s Email: yearout@unca.edu

Author Note: Alex Chu, an undergraduate, graduated from UNC Asheville in the fall of 2015, Chris Bates is a nationally ranked skeet and trap shooter who and is part owner of a ski area in the southern Appalachian Mountains. Elizabeth Harvey, Adjunct Associate Professor, graduated from Columbia Law School. Jimin Lee, Associate Professor of Statistics, has published many articles in statistics and bio-statistics. She has also had part in published international industrial engineering journals and conference proceedings. Donna Parsons, Assistant Professor of Business, has published numerous business articles as well as industrial engineering journals and proceedings. Chris Bates is a nationally ranked skeet and trap shooter who and is part owner of a ski area in the southern Appalachian Mountains Wyatt Stevens is an attorney with Roberts & Stevens, P. A. in Asheville. Robert Yearout, Professor Emeritus of Industrial Engineering and Management, has published a significant number of articles in national and international industrial engineering and occupational safety journals and proceedings.

Abstract: One popular activity in the southern Appalachian Mountains is skeet, trap, and sport clay shooting. During the summer months, the owner of a small mountain ski area practices skeet shooting on a private skeet range on the ski area property in the afternoons between 4:30 and 6:00 PM. Residents in two communities, located more than 800 meters from the range, filed legal action to stop the shooting. Upon the defendant’s request, the authors developed a methodology, collected data, and prepared an expert witness affidavit. The primary research instrument used was a GenRad Sound Level Meter Model 1565-13 and the secondary instrument was a Quest Electronic Micro-15 Permissible Noise Dosimeter. Data was collected at three different sites on 22 August 2014. Since the shooter custom loaded his own shells, data was collected on shots with both a low load (less gun powder) and a normal load (standard amount of gun powder). The shot (report) mean for all rounds fired, regardless of data location, was 47.8 dBA (σ = 4.05 dBA) for the low load and 51.9 dBA (σ = 4.82 dBA) for the normal load. The difference between these two means is 4.10 dBA suggesting that, depending on frequency, the normal load can be between 2 to 3 times louder. All readings are below the nuisance level. The lawsuit was dismissed without prejudice several years ago and not re-filed within one year. Thus the case was resolved in favor of the defendants.

Keywords: Skeet, Noise Levels, Expert Witness

1. Introduction

Noise levels have been a noted public concern since the mid-20th century. In 1969, the passage of National Environmental Policy Act (NEPA) initiated the promotion of environmentally conscious policy, established the President’s Council of Environmental Quality, and enforced the issuance of environmental assessments (EAs) and environmental impact statements (EISs) from federal agencies (US APA, 1969). In 1970, the Occupational Health and Safety Administration (OSHA) provided standards for assessing, enforcing, and alleviating effects of noise exposure in the workplace (OSHA, 1970). Later in 1972, the Noise Control Act (NCA) of 1972 for the regulation of general public noise pollution was legislated (GSA 1972). These directives viewed the inadequate control of noise as detrimental to the health and welfare of the United States population. The OSHA policy required a level of 85dba at 8 hour intervals to be considered of harm to

Proceedings of the 6th Annual World Conferenceof the Society for Industrial and Systems Engineering,Herndon, VA, USAOctober 19-20, 2017

ISBN: 97819384961-0-3 052