Loading...
HomeMy WebLinkAboutDoc 657 - Noise Permit - ODOT, ESC ta Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of December 30, 2009 Please see directions for completing this document on the next page. DATE: December 18, 2009 FROM: Anthony Raguine Community Development Department 617 -4739 TITLE OF AGENDA ITEM: Consideration of Board Signature of Deschutes County Document No. 2009 -657, a Noise Permit to allow the Oregon Department of Transportation (ODOT) to utilize the Powell Butte Highway stockpiling site between the hours of 10 pm to 7 am. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: ODOT is requesting a Noise Permit to utilize the Powell Butte Highway stockpiling site between the hours of 10 pm and 7 am. Activities at the stockpiling site would include transporting construction materials to and from the site; equipment operating within the site to load and unload materials; and equipment operating on -site to move materials within the site. This stockpiling site would be used n conjunction with a repaving and repair project occurring within the City of Bend. The construction work would occur within the City of Bend limits, along Highway 20 between Pur +;ell Avenue and just east of NE Providence Drive. ODOT indicates that this work is necessary to repai and repave ruts along the above - referenced section of Highway 20. The construction work would also include repairs to the drainage systems at Windy Knolls Drive and 27th Street. For the purposes of this Noise Permit, the work at the stockpiling site and the vehicle traffic along Highway 20 from the stockpiling site to the City of Bend limits are the only portions of the construction project that are subject to the requested Noise Permit. This hearing is continued from the initial evidentiary hearing held on December 7, 2009. At that hearing, the Board requested that ODOT investigate alternative stockpiling locations and that ODOT provide additional details regarding the construction work and timing of operations. At this time, ro additional information has been submitted into the record. ODOT anticipates providing additional information prior to the hearing. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Board signature of Document No. 2009 -657, a Noise Permit to allow ODOT to utitlize the Powell Butte Highway stockpiling site between the hours of 10 pm and 7 am. ATTENDANCE: Anthony Raguine DISTRIBUTION OF DOCUMENTS: Anthony Raguine REVIEWED LEGAL COUNSEL For Recording Stamp Only NOISE PERMIT DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BEND (541) 388 -6575 LOCATION: POWELL BUTTE HIGHWAY STOCKPILING SITE (Exhibit 1) FILE NUMBER: (SOP -09 -1) OWNER: OREGON DEPARTMENT OF TRANSPORTATION TYPE, DATES & TIME OF EVENT: STOCKPILING OF MATERIAL AND EQUIPMENT AT THE POWELL BUTTE HIGHWAY SITE BEGINNING May 15, 2010 AND ENDING ON OR BEFORE September 30, 2010. OPERATOR: ODOT, JAY DAVENPORT PHONE 541 388 -6383 1. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS COMPLETE. 2. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW ENFORCEMENT TO COME ON THE PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.16, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES. FINDINGS for ODOT Noise Permit The Board of County Commissioners ( "Board ") finds that a public necessity exists for granting this permit for construction hours between 10:00 p.m. and 7:00 a.m. The Board bases the findings on evidence in the record and testimony at the hearing. These findings include: 1. Evidence in the record indicating a continuing deterioration of Highway 20 between Purcell Avenue and just east of Providence Drive, which would result in dangerous driving conditions; 2. The potential Toss of revenue and inconvenience to local residence and travelers should the highway be required to be closed during the day for the removal and replacement of the new pavement, and the repair of drainage systems; 3. The need to conduct nighttime operations to decrease the risk of construction - related crashes on Highway 20; 4. The contractor's ability to complete the removal of the existing pavement and construction o new paving, prior to inclement weather by the end of the September 30, 2010. Page 1 of 2 — ODOT SOP -09 -1 (December 7, 2009), Deschutes County Document No.2009 -657 CONDITIONS OF APPROVAL 1. Trucks delivering stockpile material to Powell Butte Stock Pile site will follow a general circular route to reduce the backing up alarm noise on vehicles. 2. The construction activities in Condition 1 may be conducted 24 hours each day, beginning at midnight on Sunday and ending at midnight on Friday. 3. The construction activities in Condition 1 may be conducted beginning May 15, 2010. 4. If residences exist on adjacent properties and no natural berm or sound barrier exists to reduce construction vehicle noise at the stockpiling sites then stockpiling will begin along the margins of the site creating berms to help reduce noise to nearby residence from the site. 5. This permit expires September 30, 2010. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS LUKE, Vice Chair Recording Secretary Page 2 of 2 — ODOT SOP -09 -1 (December 7, 2009), Deschutes County Document No.2009 -657 ALAN UNGER, Commissioner I uoi }e3o1 0 Ted Kulongosid, Governor DATE: December 22, 2009 TO: Dave Kanner Deschutes County Administrator FROM: Jay Davenport, P.E. ODOT Assistant Project Manager CC: Mike Darling ODOT Project Leader Department of Transportation Region 4 Bend Construction Office 63030 O.B. Riley Road Bend, OR 97701 (541) 388-6216 FAX: (541) 388 -6231 SUBJECT: File Number SOP -09 -1 Noise Permit Powell Butte Stockpile Site: Follow up to December 7, 2009 Public Hearing US20 Purcell — Arnold Ice Caves Central Oregon Highway Deschutes Key # 14932 As requested during the December 7, 2009 public hearing, ODOT evaluated questions and concerns raised during and after the hearing. ODOT presents the following additional information for consideration at the continuance hearing scheduled for December 30, 2009. Prior Permits — In October 2008, Deschutes County Commissioners issued a Noise Permit to ODOT (File No. SOP -08 -2) for stockpiling at this site during construction for the dates of March 15, 2009 through October 31, 2009. No public testimony was received at this hearing. Detailed Description of Anticipated Contractor Activities at the Stockpile Site — Starting June 2010, stockpiling materials (pipe, manholes, crushed rock) for sewer pipe installation and mobilizing traffic control devices and equipment during the daytime. From mid -July to mid - August 2010 during lane closures at night between 9 PM to 7 AM (Sunday nights through Friday mornings); loading and unloading of traffic control devices, loading of sewer pipe materials, unloading of construction debris (excavated soil and rock, concrete and asphalt rubble). Early to mid September 2010, moving traffic control devices and paving equipment from the stockpile site to the construction zone during nighttime closures. Late September 2010; moving traffic control and line striping equipment to the construction zone during nighttime lane closures. Review of Alternative Sites - ODOT staff contacted Deschutes County and City of Bend staff for alternative staging sites. ODOT staff visited and evaluated the County Road Department property (off 27th Street) and City of Bend Road Department property (off 15th Street) as possible sites. ODOT determined that these sites were not feasible for the following reasons: limited available area, reasonable accessibility to the project, noise variance permit requirements, and /or required intergovernmental agreements. 0 Ted Kulongr i, Grnefxn Department of Transportation Region 4 Bend Construction Office 63030 O.B. Riley Road Bend, OR 97701 (541) 388 -6216 FAX: (541) 388 -6231 Contract Provisions to mitigate impact — If a noise permit is granted, ODOT will prepare contract language to limit the activity of stockpiling and loading of construction materials such as crushed rock and concrete rubble to the hours of 7 AM to 10 PM except for 30 days (total, not consecutive) in which the contractor can do these activities between the hours of 10 PM to 7 AM. Based on our assumed construction schedule, this activity would predominately occur in the early portion of the project, from mid July 2010 to mid August 2010. The Contractor would be required to submit 15 days advance notice to nearby property owners prior to commencing stockpiling and loading activities. Financial Impact to Project - ODOT estimates that the additional cost to the project of not having the subject noise permit is between $15,000 - $20,000. Other Considerations — This project requires lane closures on US20 and 27th Avenue to complete the work. Due to the volume of traffic and number of businesses in the project area, ODOT can only perform these closures at night to avoid major impacts to businesses and the traveling public. Providing an Agency controlled staging area as close as possible to the project site ensures that the project has an adequate staging location that meets required environmental clearances and avoids potential right of way issues, reducing the risks (i.e. violations, delays, conflicts) associated with staging areas.