HomeMy WebLinkAboutNoise Permit - ODOT Project�VTESC,
wgG 2A
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 October 27, 2008
Please see directions for completing this document on the next page.
DATE: September 29, 2008.
FROM: Kristen Maze, Associate Planner Community Development Department
383-6701
TITLE OF AGENDA ITEM:
A public hearing, and consideration of signature of Document No. 2008-526, a Noise Permit, SOP -08-
2, for the Oregon Department of Transporation.
PUBLIC HEARING ON THIS DATE? YES.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners (Board) will conduct a public hearing to consider a proposal by
the Oregon Department of Transportation (ODOT) for a Noise Permit. This application is not a land use
application; therefore, it is not subject to Title 18, zone regulations. The Deschutes County Chapter
8.08, Noise Control, requires the permit to operate construction equipment to grind out and repave US
highway 97 between Bowery Lane and the northern City of Bend limits between the hours of 7:001.m.
and 6:00 a.m. This work also includes the stockpiling of pavement grindings generated from project on
three ODOT properties during the nighttime operation. The work will be conducted when nighttime
paving temperatures are sufficient between March 15, 2009 and October 15, 2009.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends the Board listen to public testimony, consider and sign the noise permit with
conditions related to minimize the impact of the proposed after hours construction work.
ATTENDANCE: Kristen Maze, Community Development Department
DISTRIBUTION OF DOCUMENTS:
Kristen Maze
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co,deschutes,or.us/cdd/
STAFF REPORT
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: September 29, 2008
HEARING: October 27, 2008
SUBJECT: Public Hearing for a Noise Permit, SOP -08-02
PURPOSE
The Deschutes County Board of County Commissioners ("Board") will hold a public hearing to
consider a proposal by the Oregon Department of Transportation (ODOT) for a Noise Permit.
The permit is required by the Deschutes County Code (DCC) Chapter 8.08 Noise Control, for
noise related to the construction including excavation, demolition, alteration or repair of any
building or street that creates disruptive sound between the hours of 10:00 p.m. and 7:00 a.m.
APPLICANT PROPOSAL
The applicant, ODOT, is in the process of repaving the existing US Highway 97 north and south
of the Bend City limits. The property will primarily include US Highway 97 within the Bend city
limits with the exception of a half mile area between Bowery Lane and the north boundary of the
Bend city limits. The work will be conducted between the hours of 7:00 pm and 6:00 am to
minimize traffic delays and decrease the risk of construction related crashes on US Highway 97.
This project will also include the stockpiling of pavement grindings generated from the project on
three ODOT properties during the night time operations. The work at the following sites will
include the use of dump trucks and front end loaders equipped with back up alarms. These
sites are all surrounded by rural residential and forest lands.
• Powell Butte Stockpile Site
• Scale Shack Cinder Pit
• Arnold Ice Cave Pit
Quality Services Performed with Pride
The entire project will include grinding out up to two inches of existing pavement and repaving
with two inch asphalt inlay on an 8.4 mile segment of US Highway 97 known as the Bend
Parkway, and stockpiling the old pavement at the three locations. This stretch of highway is
extremely rutted and the pavement is beginning to come apart which has lead to unsafe driving
conditions. The existing pavement was expected to last until 2010-2012, but with the
unexpected increase in traffic and the large number of drivers using studded tires during the
winter months, the pavement is being replaced two to four years earlier.
The construction will consist of cold plane pavement removal and paving work during the night,
between the hours of 7:00 pm and 6:00 am, from Sunday at midnight through Friday morning.
This construction will take place during the night to minimize the impact to traffic. During these
construction times one lane will be closed while controlling traffic in the work zone through the
use of traffic control devises including cones, barrels and variable message signs. No lane
closures are allowed during weekends, from 3:00 pm on Fridays until 12:00 midnight on Sunday
or on holidays.
This project will begin March 15 2009, with work being done when night time paving
temperatures are sufficient and ending October 15, 2009. The work may involve trucks, pavers,
grinder, boom trucks, and support trucks. Most trucks are equipped with back up alarms that
can be heard at some distance.
CONSIDERATIONS
Per DCC 8.08.080 (B) in granting the proposed noise permit the Board shall consider the
following:
1. the location of the construction
2. the potential nature of the sound from the activity,
3. the potential nature of the sound from the vehicular traffic to and from the project
site and the relative Toss or inconvenience that would result to the persons
affected.
The location of the construction and the nature of the sound are discussed above.
The potential sound from vehicular traffic to and from the project is considered negligible
because the project is the existing US Highway 97 and three ODOT properties. The "relative
Toss and inconvenience" could occur to the public that uses US Highway 97. The neighborhood
inconvenience of the night time construction noise; including the OSHA backup horns on
construction equipment and the excavating that will occur. Trucks to be used at the three
stockpiling locations will all have standard, street legal muffler systems.
Powell Butte Stockpile Site - This site is an existing ODOT storage and stockpile site. There are
no immediately adjacent residences to this site and the site is surrounded by juniper forest.
Operation of trucks delivering material to the site will follow a generally circular route to reduce
backing. In addition, stockpiling will begin along the margins of the site creating berms to help
reduce noise propagating from the site.
Arnold Ice Cave Pit - This site is an existing ODOT gravel pit. There are no immediately
adjacent residences to this site and the site is surrounded by juniper forest. Stockpiling activities
will be occurring within the pit about 20 feet below surrounding surface grades resulting in the
shielding of noise propagating from the site. Operation of trucks delivering material to the site
will follow a generally circular route to reduce backing.
2
Scale Shack Pit - This site is an existing ODOT cinder pit and stockpile site. There are no
immediately adjacent residences to this site and the site is surrounded by ponderosa forest. The
existing pit and stockpiles shield noise propagation on all sides except to the south. To the
south is ponderosa forest with Hwy97 beyond. Operation of trucks delivering material to the site
will follow a generally circular route to reduce backing alarms.
FINDINGS
The Board shall make the following findings per DCC 8.08.080 prior to issuing the noise permit;
1. that peace, quiet, comfort or repose of other persons will not be disturbed, or
can be mitigated to an acceptable degree, or
2. a public necessity exists.
A public necessity exists to maintain the integrity of US Highway 97 and the high volume of daily
traffic to and from the City of Bend.
Attachments:
1. Application Form and Letter
2. Proposed Draft Noise Permit
3. Location maps
3
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
NOISE PERMIT
DESCHUTES COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
BEND (541) 388-6575
LOCATION: US HIGHWAY 97 BETWEEN BOWERY LANE TO THE NORTHERN CITY OF
BEND LIMITS
FILE NUMBER: (SOP -08-2)
OWNER: OREGON DEPARTMENT OF TRANSPORTATION
TYPE, DATES & TIME OF EVENT: REMOVAL OF THE OLD PAVEMENT AND REPAVING US
HIGHWAY 97 AND THE STOCKPILING OF MATERIAL ON THREE ODOT PROPERTIES
BEGINNING March 15, 2009 AND ENDING ON OR BEFORE OCTOBER 15, 2009.
OPERATOR: ODOT, AMY PFEIFFER PHONE 541 388-6052
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 testimony at the hearing. These findings include:
• testimony to ensure safety of the US Highway 97 drivers and the crew working on the
construction;
• the potential loss of revenue and inconvenience to local residence and travelers should
the highway be required to be close during the day for the removal and replacement of
the new pavement;
• the contractor's ability to complete the removal of the existing pavement and
construction of new paving, prior to inclement weather and the end of the October 15,
2009.
CONDITIONS OF APPROVAL
1. The permitee may engage in all construction activities, including grinding out and removal of
existing pavement and repaving with a two inch inlay within US Highway 97 between
Bowery Land and the northern boundary of the City of Bend limits.
Page 1 of 2 — ODOT SOP Permit 08-2 (October 27, 2008),
Deschutes County Document No.2008-526
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 March 15, 2009.
4. The equipment allowed to be used for the work listed in Condition includes trucks, pavers,
grinders, boom trucks and support truck with back up alarms.
5. Truck delivering stockpile material to the three locations (Powell Butte Stock Pile site, Scale
Shack Pit, and Arnold Ice Cave Pit — maps attached) will follow a general circular route to
reduce the backing up alarm noise on vehicles.
6. 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.
7. This permit expires October 15, 2009.
DATED this day of , 2008. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
Page 2 of 2 — ODOT SOP Permit 08-2 (October 27, 2008),
Deschutes County Document No.2008-526