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APPROVED PLN2023-0010 Noise Variance Staff DecisionCITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa. DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT NOISE VARIANCE STAFF DECISION Project: NWR HMA Ramps Crack Seal and Pavement Repair 2023 Applicant: WSDOT File Number: PLN2023-0010 Associated Permit(s): N/A Date of Decision: May 17, 2023 Reviewed By: Leif Bjorback, Building Official Natalie Griggs, Engineering Technician I. INTRODUCTION The applicant has applied for a noise variance for 5 non-consecutive days to conduct construction activities on Highway 99 between milepost (MP) 43.5 to MP 43.65 and on the SR-99 and SR-104 interchange ramps. The applicant has requested that work at this specific location be approved during the hours 9:00pm — 5:00am Sunday through Thursday and 10:00 PM — 7:00 AM Saturday and Sunday, which is outside the normally approved hours for construction. The following is staff s analysis and decision on the proposal. II. FINDINGS AND CONCLUSIONS A. GENERAL INFORMATION 1. Request: The applicant is requesting a noise variance for work proposed as part of the NWR HMA Ramps Crack Seal and Pavement Repair project for 2023. 2. Review Process: A noise variance shall be processed as a Type 1 permit procedure pursuant to ECDC 20.01.003(B) and reviewed in accordance with the criteria found in ECDC 5.30.120 3. Project Owners: WSDOT 4. Applicant: WSDOT 5. Location: Highway 99 between MP 43.5 and 43.65 and Highway 99 / SR-104 interchange ramps 6. Application and Explanation: Refer to Attachment 1 7. Area Map and Site Plan: Refer to Attachments 2 & 3 Page 1 of 4 B. PUBLIC CONVENIENCE — Will the work result in significant delays for transportation, services, or other customer needs if done only during the day and within the hour restrictions set out in other parts of ECC Chapter 5.30? Work performed during daytime hours will result in significant delays for transportation, services, and other customer needs. Conducting night work will result in reduced impact to transportation and the general public. C. PUBLIC SAFETY — Does working at night significantly improve safety conditions for the traveling public and/or construction workers? The proposed work is located on State Route (SR) 99 and SR 104 interchange ramps. There is significant traffic in this location during the day. Performing work at night will limit disruption to traffic and will greatly increase safety for both the public and construction workers involved in the project. D. PUBLIC EXPOSURE — What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in a mostly residential area? The proposed work involves crack sealing on two highway interchange ramps in a commercial area. Day work for this project would create disruptions to the flow of traffic for two state routes. Night work will limit impacts to traffic and the public will have less exposure to the work area if construction is done outside of regular working hours. E. PUBLIC COSTS —Does a limited amount of authorized work outside of regular hours established by this chapter save the public significant cost compared to daytime work? Night work will greatly reduce delays for transportation, services, or other customer needs. There is no cost saving for WSDOT. All additional costs from working at night will be shouldered by WSDOT. F. NOISE REDUCTION MEASURES —Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? Reasonable steps will be taken to mitigate construction noise during the nighttime operations to reduce the impact of noise outside standard hours. As crews work, they will take the following steps to limit noise: • All trucks performing export haul shall have well -maintained bed liners as inspected and accepted by the WSDOT Engineer. • All truck tailgates shall be secured to prevent excessive noise from banging. Truck tailgate banging is prohibited. • 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-accepted temporary noise shields are used. • Lighting will be turned toward the ramps so as to limit the impact to adjacent property owners. Page 2 of 4 • The Contractor shall mail Nighttime Work Mail Notifications to residents and businesses located within 500 feet from the property line no more than seven days before the night work begins. III. DECISION Based on the Findings of Fact and Conclusions, the following decision is issued by the City of Edmonds Planning and Development Department. The noise variance, is APPROVED with the following conditions: 1. The noise variance is limited to the hours of 9 PM to 7 AM. 2. The noise variance is granted for work on 5 non-consecutive days between July 1, 2023 and December 31, 2023. The noise variance is granted for work on any night of the week, except no work shall be performed on a federal holiday. The City shall be notified 24-hrs in advance of work start. 3. All proposed work is within WSDOT limited access and therefore no other separate permits are required from the City of Edmonds. Construction activities and traffic control shall comply with WSDOT requirements and be inspected by WSDOT personnel. 4. Public Notification is required. WSDOT shall notify owners of properties directly impacted by the increased noise levels. In addition, a media release shall be issued by WSDOT at least 2 weeks prior to construction and shall include notification to My Edmonds News and the Edmonds Beacon. The media release shall be submitted to the City of Edmonds for approval a minimum of 2 weeks prior to scheduled media release. 5. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises. 6. IV. APPEALS Type I permit decisions may be appealed by a party of record to Snohomish County superior court within 21 days of the date of the decision pursuant to ECDC 20.07.006. V. PARTIES OF RECORD City of Edmonds 121 5t' Avenue North Edmonds, WA 98020 VI. ATTACHMENTS 1. Application and Noise Variance Request 2. Vicinity Map 3. Site Plan 4. Noise Level Mitigation Measures 5. Project Timeline WSDOT 15700 Dayton Avenue North Shoreline, WA 98133 Page 3 of 4 File: PLN2023-0010 Kraig Strum, Police Department Susan McLaughlin, DS Director Oscar Antillon, Public Works Director Rob English, City Engineer Natalie Griggs, Engineering Royce Napolitino, PW Admin DS Admin Page 4 of 4 ATTACHMENT 1 4 OF EDP 0 &st. 1 sgo DEVELOPMENT SERVICES WORK HOURS VARIANCE REQUEST FORM 121 5t" Avenue N, Edmonds, WA 98020 Phone 425.771.0220 _ Fax 425.771.0221 PROJECT NAME: OTHER PERMIT(S) ISSUED FOR PROPOSED NWR HMA Ramps Crack Seal and Pavement Repair 2023 WORK #: PROJECT ADDRESS: Interchange of SR 99/SR 104 Edmonds Washington APPLICANT: Phone (425) 773-2561: Akberet Ghebreghzabiher Address (Street, City, State, Zip): E-Mail: 15700 Dayton Avenue North, Shoreline, WA. 98133 Ghebrea@wsdot.wa.gov PROPERTY OWNER: Phone: (206)-440-4547 Washington State Department of Transportation (WSDOT) Address (Street, City, State, Zip): E-Mail: 15700 Dayton Avenue North, Shoreline, WA. 98133 Ghebrea@wsdot.wa.gov CONTACT PERSON: (This person must be available at all times that Phone: extended work is being performed) (425)-225-8726 Shawn Wendt, P.E. Address (Street, City, State, Zip): E-Mail: 9029 ELCAPITAN WAY wendts@wsdot.wa.gov Everett, WA 98208 CONTRACTOR: Phone: N/A at this time Address (Street, City, State, Zip): E-Mail: N/A DATES AND TIME OF EXTENDED WORKTIME REQUESTED: WA State Contractor License #/Exp. Date: For 5 non-consecutive nights, Sunday to Thursday 9:00 PM to 5:00 AM and Saturday 10:00 PM to Sunday 7:00 AM Between jbily 15, '^" ^fe; 9etebeF 30, 2 July 1, 2023 to December 31, 2023 City of Edmonds Business License #/Exp. Date: See Attachment 5 N/A DETAIL THE SCOPE OF WORK TO BE PERFORMED DURING THE REQUESTED TIMES: WSDOT is planning a crack sealing and pavement repairing project on SR 99 between milepost ( MP) 43.5 to MP 43.65 and on SR 99 and 104 interchange ramps. RESUB May 01 2023 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT FORM B J:A4121 I OvAkberetvNoise VariancevNoise Variance 2023vNWR I IMA Ramp Crack Seal & Pavement Repair 2023 - XI,6544vP,dmondsvNoise Variance - Form 13 for WSDOT's IIMA & Crack Seal Project 4-28-23.docx Updated: 09/25/2017 ATTACHMENT 1 ® A RATIONALE FOR THE PROPOSAL SHALL BE SUBMITTED IN ADDITION TO THIS FORM. PLEASE REFER TO THE WORK HOURS VARIANCE REQUEST HANDOUT WHICH ASKS FOR AN EXPLANATION OF HOW THE ACTIVITIES WILL COMPLY WITH THE REQUIREMENTS OF THE VARIANCE ORDINANCE. Print Name: Akberet Ghebreehzabiher �lci�xe� ��leeb�e�a��ec- Signature: Date: 04/28/2023 REQUIREMENTS FOR WORK HOURS VARIANCE PERMITTING & DEVELOPMENT BUILDING DIVISION 121 5th Avenue N P: 425.771.0220 www.edmondswa.gov The Code: Based on ECC 5.30.110 Sounds exempt during daytime hours: Section B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, excluding Sundays and federal holidays. 5.30.120 Variances. A. Variances maybe granted to any person from any requirement of ECC 5.30.040 (maximum permissible sound levels) or 5.30.110 if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of non -availability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. C. Variances shall be processed as a Type 1 permit procedure under ECDC 20.01.003.13, while using the criteria found in subsection A of this section. Factors to be balanced in the process include those identified as follows: Public convenience — Will the work result in significant delays for transportation, services, or other customer needs if done only during the day and within the hour restrictions set out in other parts of this chapter? The proposed work is located on State Route (SR) 99 and SR 104 interchange. Work performed during daytime hours will result in significant delays for transportation, services, or other customer needs. 2. Public Safety — Does working outside of normally allowed significantly improve safety conditions for the traveling public and/or construction workers? Performing work at night will avoid traffic backups and delays while minimizing roadway hazards to workers and traveling public through the construction zone. 3. Public exposure — What will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in a mostly residential area? The proposed work is located on two highway interchange ramps in a commercial area. FORM B J:A4121 I OvAkberetvNoise VariancevNoise Variance 2023vNWR I IMA Ramp Crack Seal & pavement Repair 2023 - XL6544vl',dmondsvNoise Variance - Form 13 for WSDOT's IIMA & Crack Seal project 4-28-23.docx Updated: 09/25/2017 ATTACHMENT 1 Public cost — Does a limited amount of authorized outside of regular hours established by this chapter save the public significant cost compared to daytime work? Work performed during daytime hours will result in significant delays for transportation, services, or other customer needs. Noise reduction measures -- Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? Answering this question needs to include evaluation of (1) limiting the night time or early morning work to only that necessary to reasonably mitigate the issues identified above, (2) use of quiet generators and quiet pumps (as available), (3) drilling and placing of piles instead of driving them, as well as use of other techniques, design choices, and acoustic control equipment and strategies necessary to minimize the night-time or early morning impacts from construction noise. Reasonable steps will be taken to mitigate construction noise during the nighttime operations to reduce the impact of noise outside standard hours. As crews work, they will take the following steps to limit noise: ■ All trucks performing export haul shall have well maintained bed liners as inspected and accepted by the Engineer. ■ Truck tailgate banging is prohibited. All truck tailgates shall be secured to prevent excessive noise from banging. ■ 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-accepted temporary noise shields are used. ■ Lighting will be turned facing off-shore(towards water) therefore no impact of lighting to property owners. ■ The Contractor shall mail Nighttime Work Mail Notifications to residents and businesses located within 500 feet from the property line no more than seven days before the night work begins adjacent. D. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130 relating to public disturbance noises. A Temporary Construction Site is defined as the location of a development -related construction project being performed under a City -issued permit, where required. Procedures: For Private Development -related Projects, applications for a noise variance shall be submitted to the Development Services Department no later than 2 weeks prior to the requested activity, or as otherwise deemed appropriate by the director. An earlier date is strongly recommended because approval could take longer if necessary if information is unclear or missing or the department needs additional time to consider relevant factors. Applications must be accompanied by documentation and rationale sufficient to identify the date(s) and time for which the variance is being requested and to demonstrate compliance with the criteria set forth in the ordinance. The director or designee shall render a determination based on the authority under ECC 5.30.120. Approval or denial shall be in writing. Fees: The fee amount shall be that as established in the current department fee schedule for a Type 1 Staff Decision (currently $285 which includes a technology fee) and is payable upon application. Refunds will not be available once a determination has been made, whether approval or denial. FORM B J:A412110vAkberetvNoise VariancevNoise Variance 2023vNWR I IMA Ramp Crack Seal & pavement Repair 2023 - XL6544vl',dmondsvNoise Variance - Form 13 for WSDOT's IIMA & Crack Seal project 4-28-23.docx Updated: 09/25/2017 ATTACHMENT 2 SR 99/SR 104 1 A / ��Yl \ I 1-405/SR 522 Interchange Ramps Interchange Ramp 099 R5 04362, and sea 405 R2 02409. 099 S1 04355. �A�� SR 99/Greenlake Way 1-405/NE 160th St Interchange Ramp Interchange Ramps 099 P1 03621. �„ 405 P1 02232, 405 Q1 02325, 405 R1 02290, and SR 99/N 38th St 405 S1 02195. Interchange Ramps 099 P1 03473 and 099 S1 03473. 523 1-405/NE 124th St ryH Interchange Ramps 405 P2 01988, 405 Q 1 02076, N 405 Q 1 02128, 405 Q2 02076, 405 Q5 02076, 405 R1 02065, 405 S1 02015, h 405 S1 01986, and 405 S5 01986. 520 1-405/NE 85th St SR 99/E Marginal Way Interchange Ramps Interchange Ramp 405 Q1 01837, 099 S1 0690. 405 R1 01834, 0 405 R5 01808, and SR 99/Des Moines Way S 405 S5 01815. Interchange Ramp 099 S 1 02461. 1-405/SR 181/Interurban Ave Interchange Ramps SR 99/S 102nd St t 405 P1 00075, Interchange Ramp 405 Q5 00122, and 099 P1 02362. e 405 R5 00104. SR 99/Tukwila Int'I Blvd Interchange Ramps whatcom 099 P5 02304 s n Jinn 099 R1 02324, and s� Skagit 099 R2 02324. `9 n Snohomish See NW j SR 509/S 160th St Interchange Ramps 509 P1 02451 SR 509/Des Moines Way S 509 R1 02508, and Interchange Ramp o Pier 509 S1 02436. 509 R1 02365. z 0 5 WSDOT Region: Northweltiles Maintenance Area: 4 and 5 County: King City: Various Aft Washington State �- Department of Transportation 10 Interstate State Route U.S. Highway MajorShorelines A00023D/100023D NWR HMA Ramps Crack Seal and Pavement Repair 2023 RECEIVED Mar 15 2023 Preliminary Vicinity Map 06/02/2021 ATTACHMENT 3 SITE PLAN Griggs, Natalie From: Ghebreghzabiher, Akberet <GhebreA@wsdot.wa.gov> Sent: Thursday, March 30, 2023 11:39 AM To: Edmonds Engineering Permits Subject: RE: [EXTERNAL] RE: Edmonds Permit PLN2023-0010 Categories: Red category Good morning Nathalie, 1. The two ramps The lights will be aimed towards the ramps where the work is located. 2. The two ramps marked with red arrow sign will have the crack seal /pavement repair work. Akberet Ghebreghzabiher Air Quality Acoustics & Energy Programs WSDOT Environment Services Office 206-440-4547 Cell 425-773-2561 Fax: 206-440-4805 RESUB MAR 30 2023 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT 1 ATTACHMENT 4 Table 2: XL6544 Equipment Tvpes - Anticipated Noise Levels — Mitigation Measures Planned to Minimize the Impact Item Equipment Sound Sound Sound Sound Type of Construction work Mitigation measures level level level level WSDOT WSDOT WSDOT WSDOT (dBA) (dBA) at (dBA) at (dBA) at at 50ft 100ft 200ft 400ft 1 1-ton Pickup 74 71 68 65 Transporting people and materials. The sounds of this equipment would be perceived higher above the nighttime traffic noise. An after hours Truck noise complaint phone number will be available. 2 Compressor 66 60 54 48 Compressing air, powering water pump, Stationary operation. The sounds of this equipment would be perceived about the same as the nighttime generating power traffic noise. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number available. 3 Concrete Saw 85 79 73 67 Cutting pavement The sounds of this equipment would be perceived higher above the nighttime traffic noise. An after hours Cutters noise complaint phone number will be available. 4 Asphalt 84 81 78 75 For paving operations, breaking and cutting Mobile operation. The sounds of this equipment would be perceived as peaks above the nighttime traffic Grinder/Milling asphalt noise. Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint Machine phone number will be made available. 5 Dump Truck 73 70 67 64 Transportation of materials Mobile operation. Construction equipment sounds likely will be noticeable by residents during nighttime operations but dissipated as the equipment moves along completing the tasks. Ambient sensitive backup alarms are required, and truck tailgate banging is not allowed. An after hours noise complaint phone number will be available. 6 Compaction 82 79 76 73 Paving operations, compaction of asphalt It is a mobile operation. The sounds of this equipment would be perceived above the nighttime traffic noise. Roller Contractor shall avoid parking and idling vehicles next to residences. After hours noise complaint phone number will be made available. 7 Paving Machine 82 79 76 73 Asphalt paving operations Slow moving mobile operation. Minimize use of sensitive backup alarms. 8 Diesel Front 71 68 65 62 Driving, moving materials, scooping, and Construction equipment sounds likely will be noticeable by residents during nighttime operations but Loader dumping materials dissipated as the equipment moves along completing the tasks. An after hours noise complaint phone number will be available. RECEIVED Mar 15 2023 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT ATTACHMENT 4 9 Diesel Powered 81 78 75 72 Supports general construction operations, The sounds of this equipment would be perceived higher above the nighttime traffic noise. An after hour, Sweepers sweeping up materials noise complaint phone number will be available. 10 Diesel Powered 79 76 73 70 Placement of pavement markings This is a mobile operation. The sounds of this equipment would be perceived above the nighttime traffic Pavement noise. An after hours noise complaint phone number will be available. Striping Machine 11 Portable Light 67 61 55 49 Provides power and lights Avoid parking and idling vehicles next to residences. An after hours noise complaint phone number will be Plants and available. Generators 12 Truck Mounted 74 68 62 56 Supports traffic control Traffic control drivers shall park away from residences. An after hours noise complaint phone number will be Attenuators available. ATTACHMENT 5 Griggs, Natalie PROJECT TIMELINE From: Kaur, Ruby <KaurR@wsdot.wa.gov> Sent: Tuesday, May 16, 2023 1:28 PM To: Edmonds Engineering Permits; Ghebreghzabiher, Akberet Cc: Wu, Steve Subject: RE: [EXTERNAL] RE: XL6544 -NWR HMA RAMP Permit List Importance: High Categories: Red category Hello Natalie, My name is Ruby, I am the Design Lead of the subject project. There was an error regarding the construction window. The project window is (July 2023 to December 2023). Would that be possible now to get the permit with the new construction window by the end of this week? This project will not go to the AD without Edmond noise variance permit. Ad date is May 22"d, 2023. Please let me know if you have any questions ASAP. Thank You, Ruby From: Edmonds Engineering Permits <EngineeringPermits@edmondswa.gov> Sent: Tuesday, May 16, 2023 11:42 AM To: Ghebreghzabiher, Akberet <GhebreA@wsdot.wa.gov> Cc: Kaur, Ruby <KaurR@wsdot.wa.gov>; Wu, Steve <WuSM@wsdot.wa.gov> Subject: [EXTERNAL] RE: XL6544 -NWR HMA RAMP Permit List WARNING: This email originated from outside of WSDOT. Please use caution with links and attachments. Akberet, I spoke with the City Engineer about WSDOT's project. As I have said before, the City will approve WSDOT's request for night work. Given the wide project window (July 2023 to October 2024), however, the City will not issue the permit until it is within a few months of when WSDOT will actually be doing the work in Edmonds. Once you can better pinpoint when the work will begin, the City will issue the noise variance to WSDOT. The only thing we will require prior to construction is public notification. For this, WSDOT will need to provide the City with a press release no later than 2 weeks prior to start of work. The press release will just need to say the work hours and where WSDOT is working. There are no other conditions for this permit that the City is requiring that would affect a contractor or bid price for WSDOT. The City accepts what WSDOT will do for noise reduction during construction. Let me know if you have any questions. Thanks,