(1) No activity of development shall exceed the maximum environmental noise levels established by Chapter 173-60 WAC.

(2) Noise associated with surface mining may constitute a nuisance or a public health concern, therefore, when surface mining activity is within or adjacent to a residential zone, hours of operation for excavating, processing, and loading shall be prohibited on Sundays and legal holidays, and limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday; provided, that the surface mining operation may continue until 9:00 p.m. if the noise created is less than the ambient night time noise levels for that area; and further provided, that the following activities are exempt from these requirements: