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HomeMy WebLinkAboutHEX Final Decision - WSDOT Noise Variance - LUA-22-0002031 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: NWR Emergency Repair Noise Variance PR22-000182 ) ) ) ) ) ) ) ) ) FINAL DECISION Summary The Washington State Department of Transportation (“WSDOT”) has applied for a noise variance from RMC 8-7-2 during the course of eight nonconsecutive evenings to complete emergency pavement repairs, ensure highway structural integrity, and prevent additional roadway damage on SR 900 from MP 13.10 to MP 13.78 (Kirkland Ave NE to approximately Union Ave NE) and from MP 14.31 to MP 14.40 (Duvall Ave NE to Elma Pl NE) . The variance is approved subject to conditions. Several public comments were received regarding stormwater impacts. Stormwater impacts are not relevant to the review criteria of the requested noise variance and the hearing examiner has no authority to address them. WSDOT has responded to the stormwater concerns in Exhibit 18. Testimony A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Exhibits The thirteen 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 14, City of Renton COR maps of 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 - 2 2 site as Ex. 15 and Google Maps of the site as Ex. 16. Four emails from Claudia Donnelly dated July 6, 2022 and July 11, 2022 were admitted as Ex. 17. A July 11, 2022 email from WSDOT was admitted as Ex. 18. Findings of Fact Procedural: 1. Applicant. Maria Laura Musso Escude, WSDOT, 15700 Dayton Ave N, Shoreline, WA 98133. 2. Hearing. A virtual hearing was held on the subject application on July 12, 2022 at 11:00 am in the City of Renton, Zoom Meeting ID No. 946 7233 4580. Substantive: 3. Project Description. The Washington State Department of Transportation (“WSDOT”) has applied for a noise variance from RMC 8-7-2 over the course of eight nonconsecutive evenings to complete emergency pavement repairs, ensure highway structural integrity, and prevent additional roadway damage on SR 900 from MP 13.10 to MP 13.78 (Kirkland Ave NE to approximately Union Ave NE) and from MP 14.31 to MP 14.40 (Duvall Ave NE to Elma Pl NE). Roadway repair work would include paving, placement of pavement markings and replacement of damaged traffic loops. Noise levels resulting from project construction activities are expected to generate peak noise levels of 64 to 82 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise. A variance from RMC 8-7-2 is necessary to conduct the nighttime work, as maximum permissible environmental noise levels (per WAC 173-60-040, incorporated by reference in RMC 8-7) limit extended periods of noise from 10:00 pm to 7:00 am to levels between 45 dBA and 60 dBA, with exceedances of 5 to 15 dBA permitted for periods of 1.5 to 15 minutes in any one-hour period (WAC 173-60-040). The pieces of construction equipment and types of construction activities proposed to support emergency roadway repairs would include pickup trucks, dump trucks, paving machines, road planer, air compressor, asphalt saw, portable light plants with generators, compaction rollers, truck mounted attenuators, and a sweeper (Exhibit 7). Approximately eight (8) non-consecutive nights of work would be required between July 2022 and the completion of the project, anticipated to be September 2022. The primary reason for conducting night time work is to lessen daytime traffic congestion along SR 900. The repairs are necessitated from weather events beginning in December 17, 2021, when a series of weather systems brought extremely cold temperatures along with snow and ice to the Northwest Region. The excessive freezing, thawing, and re-freezing caused failure of many state highway asphalt pavements leading to extensive delamination and potholes in multiple locations (Exhibit 6). General maintenance is keeping the roadway open using asphalt cold mix until an emergency contract can be awarded to make pavement repairs with hot mix (Exhibits 5 and 6). State agencies and local jurisdictions are coordinating resources to address the damage caused by the storms and implement repairs (Exhibit 4). The purpose of 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 the emergency repair is to ensure the structural integrity of the highway pavement avoiding further damage that would require additional repair. 4. Neighborhood Characteristics. Land uses along the project site are composed of single and multi-family residential as well as commercial. 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 . Though the same area may experience multiple episodes of nighttime noise as the project progresses through phases, no one area is expected to be impacted for more than two consecutive weeks at a time. In general, WSDOT contends that the sound generated from the construction work reduces at the rate of 6 dBA with every doubling of distance from a stationary noise source. Noise levels projected for this project have been estimated between 64 to 82 dBA heard at 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise and night-time noise levels are not expected to be concentrated at one location for any prolonged period of time. Therefore, residents along the SR 900 corridor would perceive construction sounds at various decibel levels due to varying distances, topography (berms or elevations changes), and other features that break the line of sight. At hearing, Ms. Musso Escude on behalf of the Applicant testified that the closest residences will be located 50-87 feet from the proposed work. She identified that maximum noise levels would be similar to a mowing machine from 25 feet. The work at most will be 15 minutes to a half hour in front of any residence, happening twice and in rare cases three times over the course of the eight night work window1. Ms. Musso Escude further identified that the proposed work will ultimately benefit the affected residences, since the delamination that will be repaired by the work currently creates significant noise as vehicles drive over it. WSDOT has proposed several noise mitigation measures to lower the risk of any noise “spikes” of unwanted sound levels noticed by residents (Exhibit 9). 1. The Contractor shall use broadband backup warning devices on all vehicles. 2. All trucks performing export haul shall have well maintained bed liners as inspected and accepted by the WSDOT Project Engineer. 3. During construction cleanup operations, all material spilled within the work zone shall be removed by hand methods or sweeping when feasible. 4. Truck tailgate banging is prohibited. All truck tailgates shall be secured to prevent excessive 1 Ms. Musso Escude referenced the fact that the work would involve two lanes of traffic in front of each of the residences. It was unclear if the two to three 15 minute noise windows would be per lane or total for each residence. 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 noise from banging. 5. Construction equipment operating under stationary conditions, such as but not limited to; saw cutters, front loaders, light plants, jackhammers, and generators, are allowed provided that WSDOT-approved temporary noise shields are used. The Contractor shall use accepted acoustic noise blankets, or other means available for noise shielding as approved by the Engineer. 6. WSDOT shall provide to the city of Renton, WSDOT contact information: names and emails to respond to nighttime noise complaints. 7. WSDOT shall provide a live person to address any complaints during the nighttime work. 8. The Contractor shall use two-way radios to communicate at night among crew members. 9. WSDOT shall notify residents of night work variance if work is within a 500 feet radius of the night work. 10. WSDOT and Contractor vehicles and construction equipment shall be parked only in designated areas. 11. Idling vehicles are not allowed. 12. WSDOT will follow noise complaints response protocol: 1. Provide ear plugs 2. Provide white noise machines 3. Provide motel accommodation after items 1 and 2 are tested. The mitigation provided above is all that can be reasonably required of WSDOT. Given the short duration of impacts and the extensive mitigation effort, it is concluded that the impacts will be mitigated as much as reasonably practicable and should not substantially adversely affect any single residential occupant. 6. Practical Difficulties and Special Circumstances. The variance is necessary to avoid daytime SR-900 closures that would cause significant traffic congestion that would likely spill over onto City streets. Daytime closures, full or partial, to perform the proposed emergency pavement repair would have a potential negative effect on the daily short trips for local business circulation, delivery, pedestrian, school, and Metro buses (Exhibit 10). Furthermore, working at night would avoid hardship and 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 challenges to Renton residents, local businesses, and transit travel times during business hours. Working at night is the best way to minimize negative effects of daytime highway closures because construction which would only exacerbate the existing traffic conditions. WSDOT’s contractor would provide a safe and efficient movement of people, goods, and services through and around any closures on the project, while minimizing negative impacts to residents, commuters, and businesses per the proposed traffic control plan (Exhibit 11). Conclusions of Law 1. Authority. Variances to RMC 8-7-2 in excess of two days in duration 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 8-7-2 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 the proximity of SR-900 to adjoining homes and the critical need for night-time work to complete SR 900 repair. Strict application of the City’s noise regulations would deprive WSDOT of the ability to complete its repairs in a manner that is compatible with the interests of the surrounding community for the reasons identified in Finding of Fact No. 6. In this regard, strict adherence would deprive WSDOT 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 some residences may experience a few periods of nighttime noise over the course of the project. However, the duration of each of these periods is short and several mitigation measures will be taken to reduce the impact, including provision of ear plugs and white noise machines. Ultimately, the mitigation measures require the applicant to provide hotel accommodations if the noise proves too much for adjoining property owners. As reasonably mitigated with limited impacts, the proposal is not found to be materially detrimental to public health, safety and welfare or unduly injurious. RMC 8-7-8(D)(3): That the variance sought is the minimum variance which will accomplish the desired purpose. 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 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 in night to avoid significant congestion impacts during the day on both SR-900 and 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 during daytime hours, the variance is considered to be the minimum variance that accomplishes WSDOT’s objective of repairing SR 900. 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; 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, g, i and m as outlined at p. 6-7 of the staff report. The mitigation 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 the measures are not imposed. 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. 3, the need for the variance is critical to helping WSDOT complete emergency repairs on SR 900. 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. 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 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 timing of the roadway work is necessary to avoid worse impacts to daytime traffic. There is no other alternative location the work could be done. 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. As noted in Finding of Fact No. 5, noise levels produced by construction equipment is expected to range from 64 to 82 dBA at a distance of 50 feet from the source of the noise. These sound levels are expected to diminish to a range of 50 to 74 decibels at a distance of 300 feet from the source of the noise. The applicant is requesting a total of eight (8) non-consecutive nights. As further outlined in Finding of Fact No. 5, residences will at must be exposed to these noise impacts for durations of 15 minutes up to 2-3 times over the course of the project. Residential occupants will have ear plugs and white noise machines available to reduce noise impacts, with hotel vouchers as a last result. As concluded in Finding of Fact No. 5, the limited duration of impacts coupled with the extensive mitigation efforts of the Applicant create an acceptable and reasonable level of mitigation. DECISION 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 following conditions of approval: 1. The applicant and the contractor shall implement the noise mitigation measures for granting a variance to diminish or eliminate noise during the NWR Emergency Repair Project, as identified in the project narrative (Exhibit 8) and described in the noise construction mitigation measures (Exhibit 9). A summary of any noise-related complaints received and the response provided shall be provided to the City’s project manager within one (1) week of receiving the complaint. 2. The applicant shall post night time work on the WSDOT Web/Internet site so residents have digital access to information that the City of Renton might see as appropriate. ORDERED this 20th day of July 2022. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices 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 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. WSDOT Noise Variance Hearing Transcript by Rev.com Page 1 of 10 Appendix A July 12, 2022 Hearing Transcript NWR Emergency Repair -- PR22-000182 Note: This is a computer generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. A recording of the hearing is available from the City should anyone need an accurate rendition of the hearing testimony Examiner Olbrechts: Okay. For the record, it's July 12th, 2022, 11:00 AM. I'm Examiner Olbrechts, hearing examiner for the City of Renton. This morning, we are holding a hearing an application for a noise variance by the Washington State Department of Transportation. I think we've been through this kind of variance application a few times before. The hearing format will be we'll start off with a presentation from Clark Close, who will give us an overview of the project. He's a planner for the City of Renton. Once he's finished, we'll move on to the applicants. That'd be WSDOT if they want to make any comments. After that, we'll move on to public comments and I'll go ahead and explain how the public can participate at that point in the hearing. Once we're done with that, we'll go back to Mr. Close to answer any questions on behalf of the city, and then the applicant WSDOT gets final word, and I have 10 business days to issue that variance request. Now by state law, I'm only allowed to consider evidence that's submitted into the record today, that way everyone participating knows what information is being considered for the final decision. That includes, of course, the testimony that's provided, as well as the exhibits that staff provided me in advance of the hearing. And at this point, I'm going to share my screen. Oh, I can't. Jennifer, can you enable me to share screen there? Jennifer Cisneros: Mr. Hearing seminar, I have the exhibit list up. [inaudible 00:01:20] as well as the other exhibits that we'd like to add to the record as well. Examiner Olbrechts: Okay. So Ms. Cisneros just put up on the screen there the exhibit lists on page two of the staff report. At this point, if anyone has any objections to entry of those documents, go ahead and raise your virtual hand, or just say I object if you're not muted. Just take a quick look to see if we got any objections or requests to see the documents. Seeing none, then I'll go ahead and admit exhibits one through 13, and Ms. Cisneros, you said you had additional exhibits there. I know the city usually gets a couple more. All right. We have the staff, PowerPoint is 14. 15 is the City of Renton core maps. We have a link there that you can see it, and then Google Earth exhibit 16. Does anyone need to see any of those documents or have any objections over entry of those? And again, just raise your virtual hand. That's the button at the bottom of your screen. If you object or need to see a document or just voice objections. Hearing, seeing none, we'll go ahead and admit exhibits 14 through 16 as well. All right, thanks, Ms. Cisneros, and let's at WSDOT Noise Variance Hearing Transcript by Rev.com Page 2 of 10 this point, move on to Mr. Close. Mr. Close, let me swear in for your testimony. Just raise your right hand. You swear and affirm to tell the truth, nothing but the truth in this proceeding? Clark Close: I do. Examiner Olbrechts: Okay, great. All right then, go ahead. Clark Close: Okay. Thank you, Mr. Examiner. For the record, Clark Close, written principle planner with the current economic development department. Thanks for entering those exhibits into the record today. I have received some additional emails that I'd like to enter into the record. We received two more public comments from Ms. Donnelley. Her emails are dated July 6th, there was one at 10:21 AM and one at 1:12 PM on July 6th. And then yesterday received a couple more emails from her regarding stormwater runoff and the effects on Chesapeake Bay, and those emails were received at 1:55 and 3:16 PM. Examiner Olbrechts: Okay. So we have, is that right, four emails total for Ms. Donnelley? Is that correct, Mr. Close? Clark Close: Yeah. Four emails. Examiner Olbrechts: Yeah, four additional emails. Okay. Any objections from any of the parties to entry of those documents? Okay. Hearing none, then I'll admit those collectively as exhibit, I think we're at... What was this? Ms. Cisneros? I think, is it exhibit 17? Jennifer Cisneros: Yes, 17. Examiner Olbrechts: Okay. We'll admit those as exhibit 17. All right. Great. Okay, go ahead, Mr. Close. Clark Close: And then one additional exhibit here, WSDOT was able to respond to Ms. Donnelley's earlier comments that were made on July 11th, or that were made earlier prior as part of the exhibit record, and then they were able to respond on July 11th at 10:56 AM. Examiner Olbrechts: Okay. Any objections to the entry of the response as exhibit 18? All right. Seeing none, that's admitted as well. Okay. Thanks, Mr. Close. Clark Close: WSDOT Noise Variance Hearing Transcript by Rev.com Page 3 of 10 Okay. All right. So I do have a PowerPoint presentation for this particular project, which is Washington State's Department of Transportation noise variance request for emergency repair work. This emergency repair work is approximately .77 miles, and it is on SR 900. So let me go ahead and share the PowerPoint presentation. Clark Close: Hopefully it's coming through. Can everybody see that? Examiner Olbrechts: Yes. Clark Close: Perfect. All right. So WSDOT is requesting a noise variance from RMC 4-4-030 C3 to work eight nonconsecutive days during nights and weekends beyond the hours permitted by our rent municipal code, and it is to comply with some emergency repair work on SR 900, that work only chair highway structural integrity and prevent additional roadway damage to SR 900. Kind of the breadth or the scope of that is included from mile post 13.10 to mile post 13.78, that's approximately Kirkland Avenue Northeast to Union Avenue Northeast. And then the second stretch shown there in the map is from mile post 14.31 to mile post 14.40, roughly Duval Avenue Northeast to [inaudible 00:05:59] Place Northeast. And the purpose of the noise variance is to minimize daytime travel disruptions in the area and mitigate potential daytime impacts on resident, road users, and area businesses. Clark Close: As I mentioned, this is work activities along SR 900. Here's an aerial map really highlighting those areas that I talked about from outpost 13.10, again, stopping at 13.78, picking up again at 14.31 and ending at 14.40. It will include pavement, placement of pavement markings, and they would also replace any damaged traffic loops as part of the work. Here is the zoning along that stretch of SR 900. It consists of residential eight, residential, 10, RMF, CV, and CA zoning. So a bit of a mix there along this stretch. The City of Rent follows WAC 1 73 60 040, which sets maximum permissible noise levels based on the environmental designation for noise abatement. Clark Close: So that's EDNA, and then those nighttime hours of work are considered from 10:00 PM to 7:00 AM, and the noise levels are then reduced even further by 10 BBA for receiving properties. That is residential, which is also defined in the table here as class A properties or other uses such as commercial uses, which is defined as class B. In addition to that, nighttime noise levels may be exceeded for any of the receiving EDNAs for five DBAs for 15 minutes in a one hour period, or 10 DBAs for five minutes in a one hour period, and 15 DBAs for 1.5 in a one hour period. So there is some flexibility built in, but not enough here to allow them to operate for what they're asking for, which is eight non consecutive nights. Clark Close: And here's a list of the construction equipment, it would come from a variety of activities and equipment such as asphalt removal, paving operations, pavement repair. The equipment proposed to complete this work does have kind of a range of peak noise levels. So if you're 50 feet from the source, you're looking at DBAs of roughly 64 to 82, a hundred feet from the source 58 to 70 decibels, and then at a distance of 300 feet, the range is 50 to 74. So some of the pieces of equipment that you can see WSDOT Noise Variance Hearing Transcript by Rev.com Page 4 of 10 there on the table include a saw asphalt planer, compaction rollers, paving machines. Exhibit seven includes a full list of this equipment. Sound levels, equipment, and type construction work in a description of that construction work that's being proposed by this equipment, and noise levels are not expected to be concentrated at any one location for any long periods of time. Clark Close: As I mentioned, they've got quite a bit of area, just under a mile of work. So they will be getting that all done within those eight nights of requested work. And residents and businesses along SR 900 would perceive the construction sounds at various decibel levels, largely as a result of varying distances from that equipment or from the road. There is some topography in the area, it's a fairly developed area as well. So you would have some break from the noise by structures or buildings. So essentially the noise levels will vary based on the location. So prior to receiving the staff report or getting it out last week, like I said, we did receive two written public comments and have since received four additional from Claudia Donnelley. Those are all primarily related to storm water runoff concerns. Up to this point, WSDOT's response has really kind of highlighted that this particular area that miss Donnelley is concerned about is outside kind of the area that's being proposed for this work. Clark Close: And then yesterday WSDOT indicated that their maintenance and superintendents did conduct a site visit and found that drainage conveyance in the area was stable. There are currently no widening or storm water improvements planned around mile post 15, which is outside again the scope of the area. I did include, so as attached to this PowerPoint presentation, I did include those additional emails, but they also are available on the city's website under the project file folder, which is LUA 22-000203. WSDOT has proposed several noise mitigation measures that do follow RMC 8, 7, 8 [inaudible 00:11:55] four, in order to lower the risk of any noise spikes or unwanted sound levels that would be received by or noticed by residents. The proposed mitigation measures can be found in the variance analysis of the staff report under finding in fact 10 or in exhibit nine. For example, WSDOT would notify residents or businesses within 500 feet of the work zone at least seven days before nighttime work starts. In addition, WSDOT would provide earplugs and white noise machines. If the earplugs and white noise machines are found to be insufficient, then they can have those concerned business owners or property owners request a one night hotel voucher and WSDOT would make that available. So staff is recommended approval of NWR emergency repair LUA 22-000203 subject to two conditions. Clark Close: And let me go ahead and flip through those additional exhibits real quick, just talking about stormwater runoff, and then the image there at mile post 15, the second email dated July 6th from Ms. Donnelley as well. Here's the emails from Ms. Donnelley that were received yesterday, which included, like I said, the article from Chesapeake Bay, and then here is exhibit 18, which was WSDOT's response. So let me stop sharing and see if are any questions. Examiner Olbrechts: No [inaudible 00:13:49] I think I have a couple for the applicant, but not for you, Mr. Close. Thank you for your presentation. All right. Let's move on to applicants. Any comments from the applicant at this point? Laura Musso Escude: WSDOT Noise Variance Hearing Transcript by Rev.com Page 5 of 10 Good morning. This is Laura Musso Escude, WSDOT business address 15700. Date on avenue north shoreline, Washington nine A133. Here as an applicant to perform this project of pavement repair as part of northwest region statewide emergency project. [inaudible 00:14:25] Examiner Olbrechts: Ms. Musso Escude, I have to swear you in. If you just raise your hand, do you swear and affirm to tell the truth, nothing but the truth in this proceeding? Laura Musso Escude: I do, your honor. Examiner Olbrechts: Okay. And your last name is spelled M-U-S-S-O-E-S-C-U-D-E. Is that correct? Laura Musso Escude: That's correct. Examiner Olbrechts: Okay, great. All right. Great. Go ahead. Laura Musso Escude: So in with me, I want to start my portion of my input introducing James Magnusson, the assistant project engineer that he's leading the design [inaudible 00:14:54] with him to summarize the scope of this project, project limits, and what type of work we will be conducting. Please, James, take it over. Thank you. Examiner Olbrechts: Okay. And Mr. Magnusson, let me swear you in. Swear and affirm to tell the truth and nothing but the truth in this proceeding? James Magnusson: I do. Examiner Olbrechts: And your last name is spelled M-A-G-N-U-S-S-O-N. Is that correct? James Magnusson: That is correct. Examiner Olbrechts: Okay, great. Go ahead. James Magnusson: WSDOT Noise Variance Hearing Transcript by Rev.com Page 6 of 10 I'd like to start by saying thank you, Mr. Close. You did a great job summarizing the project. The project is basically a pavement repair from areas that were damaged from the December, 2021 winter storm that came through. We had a freeze thaw cycle that caused [inaudible 00:15:43] and delamination on SR 900. The work's going to consist of cleaning and paving the areas, and it was not able to be done by our maintenance crew, which normally does it because it was so expensive, and it's got to be a more permanent fix. So we're going to be doing a cleaning and then a hot mix is going to be put down as opposed to just the cold patch that is typically applied. James Magnusson: The project was issued a declaration of emergency by governor Jay Inslee, January 7th, 2022, I believe. And the there's 88 separate locations across the four counties in the area. So this is just a small piece of the project. The repairs in this portion will take place on state route 900 and span from Kirkland Avenue to Redmond Place Northeast, it's going to include some areas near Duval Avenue Northeast as well. One of the things that we do want to emphasize is that it's important that this work take place at night because of the construction that's happening by Duval Avenue Northeast, and Northeast seventh street to Sunset Boulevard Northeast. That work is there's a project, not WSDOT project, but I believe it's a city project that's occurring. It has daytime closures associated with it. So by allowing us to work at night, it kind of balances the construction traffic a little bit. For our work, there's going to be flaggers and uniform police officers that are going to be facilitating traffic at intersections and such. All lanes are going to be reopened by 5:00 AM, Monday through Friday, and 8:00 AM on Sunday mornings. And no work is permitted Friday nights or Saturday mornings. So that's kind of the gist of what we're doing. Examiner Olbrechts: Okay. Thanks, Mr. Magnusson. One quick question. This is one I always ask at these noise variance hearings is I'm always curious to see who's going to be most significantly affected in terms of the residences, which residences are going to receive the greatest amount of noise and what would those levels be? Mr. Close had I think a pretty good slide showing aerial photograph of joining uses. Maybe he could post that and then maybe someone from the WSDOT team could identify who's going to be most impacted by this project. Laura Musso Escude: Thank you, your honor. So basically the land use along this portion of the corridor is a mixed use of some businesses, especially in the west side of the area, but in the middle, there are some resident, especially multiuse units. Some of them are some business on the first floor and then residence. And then also there are several apartment complexes, especially for the area of Sunset Boulevard, and by the smaller portion by Duval and SR 900, there are two gas stations, and then behind there along SR 900, there are some single residents. And unfortunately, because they're so close to where the work zone will occur, especially by the Duval area, those residents, a few residents between Elma and Duval, they will be noticing sporadically the machines are meeting the existing asphalt, and then also when they come back again and they lay out the new pavement. Laura Musso Escude: So those are the houses between 50 to 87 feet. So they will be like a temporary, like they're going to be having a mowing machine approximately 25 feet. So they will be noticing. The good thing about that, it's going to be that it's going to be temporary. And then because of the lamination that they already have in that area, they already, currently during the night, they hear some bumps with the vehicles moving WSDOT Noise Variance Hearing Transcript by Rev.com Page 7 of 10 along. So that's for the portion of the east side portion. During the portion between [inaudible 00:20:19] and the Union Street vicinity, in the western portion, the majority are Rite Aid, some supermarkets. So there is commercial. However, in the middle, in both sides, they have apartment complexes and duplexes, and some of those windows and those residents are looking at where the project is going to occur. So those residents will be noticing with the paving machines that are coming in, and they're mainly moving along. Laura Musso Escude: And then when they come back and they lay out the the new asphalt carpet, the good thing... So they're going to notice for a short period of time, between 15 minutes to half an hour, where they're passing in front of the resident temporarily through the night. So that is a reality. However, the benefits are that those folks right now during the night, when traffic's passing by, they're hearing a lot of noise and a lot of the bumps when the vehicles passing by, especially when they have semis because of the delamination that there is currently undergoing in that area. So again, the benefit is mobile, it's going to be temporary, it's going to be passing by. And as we have worked in other noise variances, the DoT is very proactive, letting them know residents, how are they going to be noticing during that short period of time. Laura Musso Escude: So we're going to send notice this, probably with some of the apartment complex, left some flyers in the front desk, and posting some notes. So that's what some of the residents nearby, even though they're outside of our project, we are very accessible to them, and we are able to respond to them. So people know that the project is going to be going on. And then again, offering the ear plugs, seems like it's pretty minimal, but it's pretty effective, and of course white noise machines, that they will mitigate the inconvenience a little bit. And again, we have the complaint line just to contact at any time. So people will let them know exactly what is going to happen. The other thing too, is we ask for additional nights just in case while we are going there again, as we notice, James mentioned that its an emergency project due to the storm. So if the delamination has worsened between the time that they [inaudible 00:23:08] go there, they might need some additional pavement repair there. So maybe there is a possibility that a number of nights they are going to be in the area that are going to be lesser than that. Also is weather dependent. Hopefully in August we will have drier time. And with that, I'm just open to additional questions from your [inaudible 00:23:34] Examiner Olbrechts: Okay, so you're talking about temporary periods of noise, like 15 to 20 minutes. How often will that usually happen for any given [inaudible 00:23:41] and is that only going to happen a couple nights maybe? I mean, what's the frequency of that occurring? Laura Musso Escude: So all going to depend for the production rate. And so now [inaudible 00:23:53] if you want to tap in and add more to my explanation, so what is going to happen right at the first thing is going to... It's going to be coming a milling machine, where it's going to rotate and remove the existing asphalt that is damaged. So it's one time passing by, and removing the... And picking up. And then depend on the schedule or the availability of the asphalt, the asphalt is temperature dependent. So generally what happens is they do a couple of passes. At this point it's only considered that the eastbound portion they are damaging, it's a two lane so it's going to one pass depending how wide the machineries are. So there's going to be one WSDOT Noise Variance Hearing Transcript by Rev.com Page 8 of 10 pass, hopefully [inaudible 00:24:40] traffic control. The other thing too also is that you have to consider that some of the businesses are open 24 hours [inaudible 00:24:49] so you need to still permit access. Laura Musso Escude: So all that [inaudible 00:24:53]. So the worst case scenario will be that it's going to be the first, now they're going to be rolling one time, 15 minutes, and removing that, maybe the next night they're going to come back and do the other one, would probably be very unlikely. That will be one night, and then when they come also the other night also, depending upon the availability of asphalt, the production of asphalt sometimes is variable, especially in this time. So that would be probably one night. So the worst case scenario in front of that resident probably going to be maximum two or three nights. So everything is temporary passing by. James, do you have anything else to add to my explanation? James Magnusson: No, that's exactly what I was going to say. I mean, the key is that there's two lanes that we're going to have to take care of both of them. And more likely than not, they're going to plane, which is moving that asphalt, the first lane, then that same night, they'll take the second lane, and then they'll come back the next night and take care of the paving. So it should be two nights in front of each of the buildings and that should take care of it. Laura Musso Escude: So in the worst case scenario, will happen in the passes. We send the notices the first day, probably put some up. Our public officers, they are already offering ear plugs. If there is any [inaudible 00:26:19] knowing this process, because there is no any other home, what we have done in the past with some of the other projects working with your owner is we identified those residents and we provide ahead of time some white noise machines, some sort of thing. So we try to be very proactive in this case. So it will be happening that for instance, the first night, the person is not able to sleep or some sort of medical issue or something, we will be very proactive and work with them on an ongoing basis. Examiner Olbrechts: And what do you anticipate the decibel levels would be inside the homes of the most affected ones [inaudible 00:26:58] Laura Musso Escude: So right now, assuming that the windows are closed, it's going to be perceiving like they're living closer I 5 without a noise wall. But I mean, honestly there is a reality, it's summertime, so probably people will have the windows open. So that's why we are providing the white noise machine, and some of them that we have some air cleaners. So that is something, an option that we can work with them, and that will happen in other projects. That's a very [inaudible 00:27:31] Examiner Olbrechts: And also kind of curious, as I mentioned before, we've had a few of these hearings. I'm curious how effective the mitigation measures have been in the past. Has WSDOT received many complaints and what kind of actions has it taken before to address them? Laura Musso Escude: WSDOT Noise Variance Hearing Transcript by Rev.com Page 9 of 10 So in these temporary projects, the DOT policy is to let them know folks ahead of time that it's going to happen. And so right now, people move through social media. We provide an update, open house, depending on how big the project it is, like the four or five that we have a couple of hearings. At least during the pandemic, as you may recall. So they're pretty effective because people feel that there is something manual coming in of ongoing, they will contact us and then request for white noise machines or ear plugs. Some few of the folks, they accept a hotel voucher because some of the inconvenience is to moving temporary to a location, especially if they have younger children. Successfully, so the dilemma is we don't hear much, it means that we are doing a good job. Examiner Olbrechts: That's good to hear. Okay. Laura Musso Escude: Thank you. Examiner Olbrechts: Thank you. All right. Laura Musso Escude: Thank you so much for your questions. Examiner Olbrechts: Oh, thank you. All right. And let's move on to public comments at this point, and just let me to dispel any misunderstandings or incorrect expectations. I mean, this is just a noise variance hearing. I have no authority over storm water impacts. It's not really relevant to what we're considering today, and if any of the parties had objected to any discussion of storm water impacts, I would've probably sustained and not allowed any of those comments in, but I think WSDOT and the City of Renton are both very public participation friendly, and if people want to talk about storm water impacts and they don't object, I guess that's fine by me too. But again, I just want to make it clear, there's nothing I can do about storm water impacts. Examiner Olbrechts: As the city's hearing examiner in this proceeding, nothing I can require to mitigate storm water impacts, and I certainly can't deny the request on that basis. But you know, if the people want to use this as a form to discuss other concerns, I don't have an issue with that if no one else does. So with that, I'll move on to public comments. If there's any member of the public that wants to say something at this point, raise your virtual hand. I'm not seeing any, and you'll see there behind Ms. Cisneros on her little panel, she has her email address and phone number. And Ms. Cisneros, maybe you want to share a screen of that at this point. If any member of the public right now can't figure out how to participate, go ahead and give a call to Ms Cisneros there at her number, 425-430-6583, or go ahead and email her at [inaudible 00:30:40] .gov. Examiner Olbrechts: I'll leave the record open until 5:00 PM tomorrow, in case someone due to technical issues, their internet wasn't working today, or they just could not figure out how to push their raise hand button or WSDOT Noise Variance Hearing Transcript by Rev.com Page 10 of 10 something of that nature. Go ahead and send an email to Ms. Cisneros expressing your concerns, identify where your technical problem was, because that's the only reason that's being admitted. And if we do get any emails before 5:00 tomorrow, I'll give the city staff and the applicant a chance to respond. So that I think, Mr. Close, do you have any closing comments you to make at this point? [inaudible 00:31:12] Oh, I'm sorry, what did you say? Clark Close: No, I do not. Thanks. Examiner Olbrechts: All right, great. Well, I think then I can go ahead and close the hearing, and I thank the WSDOT for your extensive information on this and your great answers to my questions. And as usual, it looks like that should be a fairly straightforward approval, especially since these impacts are going to be very temporary to residents. It sounds like it's something that might wake them up one night, but overall it's going to be a benefit to them too, it sounds like in terms of removing all the bumps on the road and that thing. So appreciate all your participation and good work and we're adjourned for this morning. Have a great day.