HomeMy WebLinkAboutOlympic Pipeline Noise Variance - LUA-20-0001671
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Noise Variance
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Olympic Pipeline
Noise Variance
PR20-000198
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FINAL DECISION
Summary
The City of Renton (“Applicant”) has applied for a noise variance to work during night and weekend
hours beyond the days and hours permitted in Renton Municipal Code (RMC) 4-4-030(C)(3) to
complete Olympic Pipeline Company’s inspection project. Olympic Pipeline Company LLC (Olympic)
operates a 12-inch-diameter pipeline that transports petroleum products through Western Washington,
including through the City of Renton (Renton). The 12-inch diameter pipeline was recently internally
inspected utilizing an in-line inspection (ILI) tool. Olympic is required by the U.S. DOT Office of
Pipeline Safety to excavate and visually inspect sections of the pipeline where the internal inspection
data indicates an anomaly so that any established repair criteria can be met. The internal pipeline
inspection identified one anomaly on the 12-inch pipeline within the pipeline casing below the
southbound/eastbound travel lane of Renton Avenue South, east of South 132nd Street. The anomaly
must be inspected and repaired (if necessary). Olympic also will install a new vent and test wires to the
existing steel casing at this site to allow for cathodic protection monitoring of the pipeline within the
casing, also an activity required by the U.S. DOT Office of Pipeline Safety. Olympic requests that the
work be allowed during extended nighttime work from Monday through Saturday between 8:00 pm
and 7:00 am, Saturday daytime hours (from 7:00 am to 9:00 am), Saturday nighttime hours (from 8:00
pm to 12:00 am) and up to a 24-hour work day on Sunday to meet the project schedule. The project
schedule as currently planned is 7 days and 6 nights. The variance is approved subject to conditions.
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Testimony
Jill Ding, Senior Planner for the City of Renton, summarized the staff report. The applicant is requesting
a noise variance to work during night and weekend hours beyond those permitted in the code for the
Olympic Pipeline inspection project. A prior inspection identified an anomaly that needs further
inspection and repair. The work is short deadline, so the applicant has requested the ability to work
outside of normal construction hours. The work will conclude in one week from the start. Noise levels
will be from 52 to 85dB, depending on distance. Staff recommends approval with the applicant’s
proposed mitigation plus one additional condition that requires them to comply with the mitigation they
proposed.
Carla Woodworth, Olympic Pipeline, stated she appreciated the Staff’s report.
In response to the examiner, Ms. Ding stated the applicant will have door hangers with its own phone
number. The examiner noted a 24-hour line would be needed for nighttime work.
Joe Stone, Olympic Pipeline, stated they have a 24-hour phone number that will be put out there. The
control center is in Renton. They have done this before as part of the SR 167 Direct Connect, though
no one called Olympic Pipeline.
In response to the examiner, Mr. Stone said the company would put up residents in a hotel if som eone
asked, though he did not foresee the need on this project.
Exhibits
The four exhibits identified at page 2 of the Staff Report were admitted into the record during the
hearing. In addition, the staff power point was admitted as Exhibit 5, City of Renton COR maps of the
site as Ex. 6 and Google Maps of the site as Ex. 7.
Findings of Fact
Procedural:
1. Applicant. Tim Dunn, Olympic Pipeline Co., LLC, 2319 Lind Ave SW, Renton, WA 98057.
2. Hearing. A virtual hearing was held on the subject application on September 8, 2020 at 11:00
am in the City of Renton.
Substantive:
3. Project Description. The City of Renton (“Applicant”) has applied for a noise variance to work
during night and weekend hours beyond the days and hours permitted in Renton Municipal Code (RMC)
4-4-030(C)(3) to complete Olympic Pipeline Company’s inspection project of the 12-inch-diameter
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pipeline that transports petroleum products through Western Washington, including through the City of
Renton (Renton). The project site is located at the intersection of S 132nd Street, Renton Avenue S and
84th Avenue South. Olympic is required by the U.S. DOT Office of Pipeline Safety to excavate and
visually inspect sections of the pipeline where the internal inspection data indicates an anomaly so that
any established repair criteria can be met.
The 12-inch diameter pipeline was recently internally inspected utilizing an in-line inspection (ILI) tool.
The internal pipeline inspection identified one anomaly within a cased section of the 12-inch pipeline
below the southbound/eastbound travel lane of Renton Avenue South, east of South 132nd Street. The
anomaly must be inspected and repaired, if necessary, by October 6, 2020.
Olympic will also use the opportunity to install replacement test wires onto the casing, and to bring the
test wires to the ground surface in a test station (vent) located on the south side of the sidewalk along
Renton Avenue S. The test wires will be routinely monitored as part of Olympic's cathodic protection
program.
Because of the depth and extent of the required excavation area, the contractor will need to close three
lanes of traffic, including the turn lane to S. 132nd Street, and the center median on Renton Avenue S,
condensing five travel lanes down to two travel lanes for the duration of the project. To minimize the
duration of the project and to protect workers from high traffic volume and speed during construction
for a shorter period, Olympic proposes to work night hours and the weekend.
Olympic requests that the work be allowed during extended nighttime work from Monday through
Saturday between 8:00 pm and 7:00 am, Saturday daytime hours (from 7:00 am to 9:00 am), Saturday
nighttime hours (from 8:00 pm to 12:00 am) and up to a 24-hour work day on Sunday to meet the project
schedule. The project schedule as currently planned is 7 days and 6 nights.
The work area is between about 150 feet and 200 feet away from the closest residences and likely will
have minimal noise impacts to the residents along Renton Avenue S. However, if the nearest residences
have offensive noise impacts, Olympic may need to address with mitigation measures as described
below.
Olympic has summarized the typical construction equipment that may be used for the project work
activities (Exhibit 4) and the average maximum noise level of each piece of equipment individually at
distances of 50 feet, 150 feet and 200 feet. All of the noise sources will be point sources.
Olympic is proposing to implement the following noise reduction strategies to mitigate the equipment
noise levels and/or public notification to help prevent complaints:
1. Provide 24- to 48-hour notice to residents via a door hanger, or equivalent, before starting the
work.
2. Trucks and equipment will use a reverse signal alarms or broad band alarms instead of standard
pure-tone backup-warning devices (OSHA 29 CFR 1926.601(b)(4).o) If needed, all backup
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alarms can be turned off since Olympic will employ a backup observer to back trucks into work
areas per BP safety protocols.
3. Care will be taken not to bang tail gates while unloading material from truck beds.
4. Contractor will avoid parking and idling trucks next to residences to the extent possible.
5. Warning horns will not be used except in emergency situations.
6. Traffic control drivers on Renton Avenue S. or South 132nd Street will park at least 150 feet
away from residences, when feasible.
7. Residents will notice the operation of trucks and other equipment while the equipment is moving
along the work area completing their task; however, the sound will dissipate as the trucks move
away from the sensitive receiver.
8. Olympic will make every effort within their control to schedule activities with the highest noise-
generating potential to occur during normal, non-variance workday hours.
9. Olympic will make every effort within their control to use equipment with the highest noise-
generating potential individually and not concurrently during variance workday and night hours.
10. Fixed noise generating equipment will be positioned on-site to maximize the distance to the
nearest residences.
11. The traffic control to channelize traffic to two lanes of travel will reduce noise generated by
vehicles moving past the work area.
12. Additional mitigation measures associated with improving resident relations may be
implemented by Olympic, as necessary, if complaints are reported with the mitigation measures
above used. Those measures may include:
• Noise reducing technologies around pumps/generators, such as noise shields, and other
methods
• Coordination with complainants to create mutually agreeable compensation.
The Olympic Pipeline serves terminals and airports in Western Washington and Oregon. The applicant
contends that if they do not complete the inspection and repair (if needed) of the pipeline, the integrity
of the pipeline could be impacted. As a result, there is a possibility that U.S DOT would require that
Olympic de-rate this section of pipeline, requiring that Olympic reduce delivery pressure and flow rates.
Reducing the delivery pressures and flow rates may have significant regional commercial impacts.
Completing the project would improve the integrity of the pipeline and reduce the risk of an
environmental release of produce from the pipeline.
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There is no practical alternative location of the project since Olympic must inspect and repair the
pipeline at the location of the anomaly. The requested variance would allow the applicant to complete
inspection and possible repair work in a manner that balances potential adverse noise impacts to
surrounding uses with the benefits of completing the work quickly and reducing traffic impacts during
peak hours.
Olympic does not anticipate that the extent of the prescribed noise limitations (Exhibit 4) would be
exceeded based on the known scope of the project and the anticipated equipment required to complete
the project at this time.
3. Neighborhood Characteristics. The work area is between about 150 feet and 200 feet away from
the closest residences and likely will have minimal noise impacts to the residents along Renton Avenue
S. The project is City of Renton Public Right of Way abutting R-10 and R-14 zoned properties.
5. Adverse Impacts. The noise generated by the proposal will be mitigated as much as reasonably
practicable and should not substantially adversely affect any single residential occupant . The project
will be completed in a week from the start. No public comments were received.
Noise levels projected for this project have been estimated to generate peak noise levels of 52 to 85
dBA heard at 50 feet. When distance is incorporated into the assessment and with incorporation of the
proposed mitigation measures, the applicant estimates that the nearest residences will not notice the
night-time work taking place at the investigation and repair site.
Conclusions of Law
1. Authority. Variances to RMC 4-4-030(C)(3) are subject to a public hearing and Hearing
Examiner review (RMC 8-7-8(A) and (C)).
2. Review Criteria. Variance criteria for variances to RMC 4-4-030(C)(3) are governed by RMC
8-7-8(D).
RMC 8-7-8(D)(1): That the applicant suffers practical difficulties and unnecessary hardship and the
variance is necessary because of special circumstances applicable to the applicant’s property or
project, and that the strict application of this Chapter will deprive the subject property owner or
applicant of rights and privileges enjoyed by others.
3. The special circumstances are that the Olympic Pipeline is an existing high-pressure oil and gas
pipeline with an area in need of inspection and possible repair within the Renton right of way. The
inspection and repair must be completed by October 6, 2020. In order to minimize traffic impacts,
nighttime and weekend work is needed. City staff have concluded that closing off sections of the
roadway for a longer project duration during daytime hours would severely and unacceptably increase
congestion on surrounding City streets. Strict application of the City’s noise regulations would deprive
Olympic Pipeline of the ability to maintain the existing pipeline in a manner that is compatible with the
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interests of the surrounding community. In this regard, strict adherence would deprive the applicant of
the rights other developers have to construct their projects in an environmentally responsible manner.
RMC 8-7-8(D)(2): That the granting of the variance will not be materially detrimental to the public
health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the
location for which this variance is sought.
4. As determined in Finding of Fact No. 5, as conditioned and mitigated, the noise impacts are
mitigated to the extent reasonably practicable under the circumstances and will be of relatively short
duration. It is recognized that each residence may experience periods of nighttime noise over the course
of the week construction is occurring. Ultimately, the mitigation measures adopted by this decision
require the applicant to provide hotel accommodations if the noise proves too much for adjoining
property owners. In this regard, beyond the temporary inconvenience of relocation, the noise impacts
are completely mitigated and as a result, the granting of the variance would not be considered materially
detrimental to the public welfare or injurious to surrounding properties or improvements.
RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the
desired purpose.
5. As outlined in Finding of Fact No. 5 and Conclusion of Law No. 4, the applicant has taken all
measures it reasonably can to reduce noise impacts. As noted in Finding of Fact No. 6, the proposed
work must be done at night to reduce the project duration and avoid significant congestion impacts
during the day on adjacent City streets. Since the Applicant has done everything it reasonably can to
reduce noise impacts and there is no feasible alternative to do the work completely during daytime
hours, the variance is considered to be the minimum variance that accomplishes the applicant’s
objective of maintaining and repairing the regionally significant Olympic Pipeline.
RMC 8-7-8(D)(4): That the variance contains such conditions deemed to be necessary to limit the
impact of the variance on the residence or property owners impacted by the variance. The variance
approval may be subject to conditions including, but not limited to, the following:
a. Implementation of a noise monitoring program;
b. Maximum noise levels;
c. Limitation on types of equipment and use of particular equipment;
d. Limitation on back-up beepers for equipment;
e. Required use of noise shields or barriers;
f. Restrictions to specific times and days;
g. Specific requirements for documentation of compliance with the noise variance
conditions;
h. Specific requirements for notification to nearby residents;
i. Required cash security to pay for inspection services to verify compliance;
j. Required access to the project by the City to verify compliance with the noise variance
conditions;
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k. Specific program to allow for temporary hotel vouchers to effected residents;
l. Requirements for written verification that all workers understand the noise variance
conditions for the project; and
m. Provision allowing the City to immediately revoke the variance approval if the variance
conditions are violated.
6. All mitigation measures identified above have been incorporated into the conditions imposed
upon the variance request by this Decision except for a, i, j, k, l and m. Mitigation measures k and l
will be added as conditions of approval as they constitute reasonable measures to mitigate noise. The
remaining measures that have not been adopted by this decision are code enforcement and inspection
tools designed to facilitate staff oversight of the project. Deference is given to staff on this issue and
those measures are not adopted.
RMC 8-7-8(D)(5): The importance of the services provided by the facility creating the noise and the
other impacts caused to the public safety, health and welfare balanced against the harm to be suffered
by residents or property owners receiving the increased noise permitted under this variance.
7. As outlined in Finding of Fact No. 6, the need for the variance is critical to helping Olympic
Pipeline Company to repair and maintain the existing regionally significant high-pressure oil and gas
pipeline. As outlined in Finding of Fact No. 5 the impacts to affected residences are temporary and
have been fully mitigated. On balance, the noise impacts to affected residents cannot be avoided given
the need for the project.
RMC 8-7-8(D)(6): The availability of practicable alternative locations or methods for the proposed
use which will generate the noise.
8. As noted in Finding of Fact No. 6, the project is needed to maintain and repair the existing oil
and gas pipeline. There is no other alternative location this structure could be constructed because it is
an existing facility.
RMC 8-7-8(D)(7): The extent by which the prescribed noise limitations will be exceeded by the
variance and the extent and duration of the variance.
9. The extent and duration of noise impacts do not appear to be significant. As noted in Finding
of Fact No. 5, noise levels produced by construction equipment is expected to range from 52 to 85 dBA
at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish at
higher distances from the source of the noise. The applicant is proposing a total of seven consecutive
nights to complete the work. However, noise levels should be reduced or mitigated by the proposed
mitigation measures (Ex. 4) as described in FOF No. 5.
DECISION
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The proposed variance is justified for the reasons identified in the Conclusions of Law above and is
thereby approved. Approval is subject to compliance with the conditions of approval outlined in
Finding of Fact No. 3 and the following condition of approval.
1. The Applicant shall implement the self-imposed noise mitigation measures, as identified in
criterion “b.” of FOF 9, to diminish or eliminate noise during project construction. In addition,
the following mitigation measures shall also be employed:
A. A summary of any noise-related complaints received, and the response provided
shall be provided to the City’s project manager within five (5) days of receiving the
complaint.
B. Temporary hotel vouchers shall be provided to affected residents if other mitigation
measures provided by the Applicant are not sufficient to resolve noise issues.
C. The Applicant shall provide written verification to the City that all workers
understand the noise variance conditions for the project.
ORDERED this 22nd day of September 2020.
Phil A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 8-7-8(F) provides that the final decision of the Hearing Examiner is subject to appeal to the
Renton City Council. RMC 8-7-8(F) further requires appeals of the Hearing Examiner’s decision to
be filed within fourteen (14) calendar days from the date of the Hearing Examiner’s decision.
Additional information regarding the appeal process may be obtained from the City Clerk’s Office,
Renton City Hall – 7th floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.