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HomeMy WebLinkAboutOlympic Pipeline Noise Variance - LUA-20-0001671 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 1 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Olympic Pipeline Noise Variance PR20-000198 ) ) ) ) ) ) ) ) ) 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 2 2 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 3 3 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 4 4 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 5 5 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 6 6 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; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 7 7 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Noise Variance CAO VARIANCE - 8 8 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.