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HomeMy WebLinkAboutPermit PL15-0029 - CYNDY KNIGHTON / CITY OF TUKWILA - TUKWILA SOUTH FILL NOISE VARIANCE TYPE 2NOISE VARIANCE TYPE 2 Parent Project: PL15-0029 WITHDRWN_CANCEL This File: A15-0022 APPEAL LAND USE Parent Project: PL15-0029 WITHDRWN_CANCEL This File: L15-0036 Minnie Dhaliwal From: ddthompson5@juno.com Sent: Monday, July 27, 2015 10:01 AM To: Minnie Dhaliwal Subject: Re: orillia variance appeal refund Minnie, I request that Tukwila refund all of the noise variance appeal fee to my Visa card. Thank you, Doug Thompson On Wed, 8 Jul 2015 09:59:50 -0700 ddthompson5@juno.com writes: > Hi Minnie, > Have you got a date for the hearing? How many days notice will we > get before the hearing date? > Thank you, > Doug > On Thu, 18 Jun 2015 23:35:11 +0000 Minnie Dhaliwal > <Minnie.Dhaliwal@TukwilaWA.gov> writes: > > Doug, > > I have consulted with the City Attorney and the appeal period for > > this noise variance is 14 days. Please let me know if you have any > > other questions. > > Minnie > > Minnie Dhaliwal > > Planning Supervisorrity of Tukwila > > 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 > > Ph. 206-431-3685 > > Minnie.Dhaliwal@TukwilaWA.gov > > The City of choice, the community of opportunity Original Message----- >> From: ddthompson5@juno.com [mailto:ddthompson5@juno.com] > > Sent: Thursday, June 18, 2015 11:07 AM > > To: Minnie Dhaliwal > > Subject: orillia variance > > Minnie, > > We have reviewed the applicable statues and have determined that > the > > Segale Case#A15-0022 does not meet the categorical exemption > status. > > Therefore we request a 7 day extension for the appeal filing > date. > > Doug Thompson R7CEVED JUN 2 5 2015 Community Development APPEAL OF FILE NUMBER A15-0022 DATE: 6/25/2015 APPEALING PARTIES: Doug Thompson, Joel Bauer and Robert Bauer, .Owners of property West of Orillia Road at 200th St. CONTACT PERSON: Doug Thompson 15018 SE. 224TH Street Kent, WA 98042 Phone: 253-639-4434 6(xL-7.7 1 June 25, 2015 Appealing party: Doug Thompson, Joel Bauer, Robert Bauer Contact information: Doug Thompson, 15018 SE 224th St. Kent, WA 98042 Phone# 253-639-4434 Email: ddthompson5@juno.com File: A15-0022 After our review of the decision to grant the noise variance to Mark Segale, File A15-0022, we find that errors by the administrator and material misrepentation of facts were made by the applicant that guided the administrator to err in the conclusion that was handed down in the decision. We also find that all criteria required in TMC Chapter 8.22.120.E for a noise variance did not meet the legal requirements as set forth in 8.22.120.E.A., and we further find that the proposed mitigation measures are inadequate to produce the stated outcome in the Conclusion. Below is a response to the "Findings" compiled by Valerie Lonneman, Assistant Planner, dated June 12, 2015, on which Jack Pace based his decision to grant the noise variance. 1. Granting of a variance requires "That there are exceptional or extraordinary circumstances" The traffic studies by the City are incomplete. The studies cited are on 200th street, however the trucks will be coming from Seatac Airport and the route does not include 200th Street. Additionally, no data is provided to show if the car count is going north or south when arriving at Orillia Road. The County Study is a "projected" study from 2009. (Attachment A) The Findings state, "congestion and safety concems of daytime hauling are not acceptable". The only reason the City gives to satisfy the "exceptional or extraordinary requirement is safety. However, it is our understanding that a private meeting between Jack Pace, other upper management, and Mark Segale (applicant) produced an interim agreement that allowed hauling during the day. How odd that the only reason given is concern for safety, and here they are hauling during the day with the blessing of Jack Pace, the person who found that safety is an exceptional or extraordinary circumstance. This hauling is against the stated traffic control plan cited by the City and there is not a traffic safety plan for the hours they have been hauling. In a conversation on June 22nd between Joel Bauer, (resident) and Robin Tischmak, (city engineer), per Robin Tischmak, "after a meeting between Jack Pace and Mark Segale it was determined that the City would allow Segale to haul dirt during the day with no hourly restrictions, however Segale was required to check with inspector Dave Stuckle for allowed hours of operation". Dave Stuckle is a Project Inspector for Tukwila's Public Works Department. I do not think he specializes in Road Safety Planning. So, again safety is not the main concern that Jack Pace is trying to portray in the Decision. It appears that safety concerns are not really all that critical of an issue. In our opinion the real issue against daytime hauling has always been economical for the applicant. It may be a nuisance or inconvenient for the general public but not a safety issue. So this does not meet the standard of 8.22.120.E. Plan, no plan. Safe, not safe. Conceming the applicant, just do what you want, and the City will find a policy or make an agreement to support it. We have no confidence that the City is looking out for the general public. It appears that they are consumed with assisting the applicant and not fulfilling their required duties to the general public. 2 The City or applicant may state that there are 350 trips planned for nighttime hauling and that this is a time sensitive project and that there is a $10,000. a day fine for not completing the project on time. The timing and the fine are part of a $6.46 million dollar contract between Scarsella and the Port of Seattle. (Attachment E) The site on Orillia is a completely private project and is only receiving the dirt. Scarsella is hauling some of the dirt to other sites and he will find a way to fulfill his contractual agreements. Is this the City's or applicant's responsibility to help out Scarsella? Just because the applicant wants to make 350 trips a day, does not mean he has a guarantee right to do so at the expense of "safety" of the general public, and disrupting the nighttime sleep and other property rights the City declares to protect in it's policy 8.22.010.A If the applicant wanted 500 or even 1000 trips a day would the City accommodate that request as well? 2. Preservation and enjoyment of a substantial personal or property right. If you take away the traffic safety issue as a reason to perform nighttime work, then daytime work is possible. The applicant cites "fill of this site must occur at night, so as to protect the safety of the traveling public". If that is a true statement then why is he filling the site now, between 7:45 AM and 3 PM? His actions now, prove it is possible to fill during the day. He may not be able to get 350 loads per shift that he wants, but why does he have a right to that many loads? It certainly is not stated in the grading permit. The fact that the applicant has a grading permit that allows him to fill the site, does not relinquish the City's right to control the activities on that fill site. The City's control of which hours the site can be filled is well within the conditions of the grading permit and is commonly done on permits the City issues. To exercise the given rights the City has to control activities under a permit, which is not denying any right the applicant has to the "enjoyment of the property rights provided in the approved City of Tukwila grading permit and the approved Tukwila South Project." The grading permit gives the right to import fill, it does not give the right to do so at any hour of the day or night or take away the rights of the surrounding property owners. We have asked Minnie Dhaliwal, Robin Tischmak and Dave Stuckle what hours of operation are stated on the grading permit. The answers have been from no hours, to 24 hours, and recently 7 AM to 5 PM. So we are not sure what hours are permited for daytime hauling. When we did look at the grading permit, there were no hours stated. That is odd because usually grading permits have hours posted. 3. That the authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts. Again, safety is used here as a reason for the variance. It is our opinion proven by the actions of the City and the applicant, and the statement by the City Engineer, that safety is not the problem or the danger it is made out to be. It only sounds good as an attempted excuse to promote the economic benefits of the applicant. In attachment C of the decision notice, it is stated that 35,000 vehicles a day are on Orillia Road. Are we really to believe that an increase of 350 trucks (a 1% increase) is a danger that cannot be managed by a traffic control plan? The administrator says, "The mitigation measures will serve to reduce the noise level of the dump trucks to be comparable to the existing ambient noise of other trucks driving on Orillia Rd. S. during the nighttime." To try to compare 35 dump trucks per hour, which is one truck every 1.7 minutes, to an occasional diesel truck on Orillia is ridiculous. A dump truck applying brakes and downshifting to make the turn into the dump site is not comparable to, let's say, a diesel delivery truck traveling up or down the road. 3 There is no mention here of the other equipment on the fill site that will make as much or more noise than the dump trucks! The noise level emanating from the dump site will be an almost constant level of 75 dba or more and the sound will approach four times louder than the ambient measured noise level of 60 dba, affecting the health of the residents. (Attachment L) For every 10 decibel increase the noise level doubles. The applicant states that the ambient noise level is 75 dba. The measured level by the City was 60 dba. (Attachment D) 4. Granting of a variance requires " That the granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC 8.22.010; A. Policy -" It is declared to be the policy of the City to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. It is also the express intent of the City Council that noise be prohibited when it is in excess of specified decibel levels, as well as when it unreasonably disturbs the peace, comfort and repose of others." In the conclusions of the Findings it states , "The proposed mitigation strategies along with city's recommended measures will help reduce the impact to noise -sensitive receiving properties, alleviating the harmful effects of conducting the work at night." The definition of alleviate is, "to make something such as pain or hardship more bearable or less severe". (Encarta Dictionary) I see nothing in the policy that allows for making the pain or hardship more bearable or less severe! These following proposed mitigation measures will not control the noise enough to meet the requirements of 8.22.010 There is no maximum noise level set, and if it were, what level would not interfere with the "sleep and repose" on the noise receiving residents? If the noise wakes you up or makes it hard to get to sleep, isn't that a noise that has to be eliminated? • No tracked equipment: Although mentioned in many of the comment letters, there is curiously no mitigation measures addressing the sound of the compactor in the decision. Since it is non -tracked equipment, maybe there was an attempt to slip it in unnoticed. It is a significant omission not to address the compactor. Perhaps that is because there are no measures available to control the compactor's sound. The compactor being used on the site is a CATERPILLAR CP-563E. The Manufacturer's specifications state that the decibel level of this machine is 111 dB(A). (Attachment B) Decibel levels are not linear. For example, 80 decibels is four times as loud as 60 decibels. (Attachment C) The measured decibel levels at the fill site were 60 dba for the ambient noise and 79 dba for the squealing dozer tracks. (see Attachment D) At 50 feet the sound of the compactor will not be 111dba, but it will still be approximately 80 dba. A decibel reading of 80 is equivalent in dba to a garbage disposal or a freight train at 15 meters. There is possible damage to a person's health in an eight hour exposure.. The sound of the compactor is a low bass rumble that is felt throughout your body, and rattles the windows in the houses. The D6R dozer that is not allowed to work at night because of its noise, is rated at 115 dba and was measured at 79 dba. So why is the compactor ignored in the mitigation plan? Is it because the noise and the vibration cannot be mitigated? Non tracked equipment includes equipment such as the grader that is on the fill site. A grader is rated at 85 dba at 50 feet, (Attachment J) So, although only non -tracked equipment is allowed to work at night, the noise levels will not be reduced enough to allow non interrupted sleep. 4 l'N • The request to use four dump trucks: The fill site is a stand alone private project. There is no contractual agreement between Segale and The Port of Seattle. The contract is between Scarsella and the Port. What Scarsella's responsibilities are to have woman drivers should have no effect on conditions allowed on this site. Since the dump trucks cannot operate in a quiet manner, then they should not be used. • No tailgating of dump trucks: This terminology is confusing. In the Findings it states," dump truck drivers shall be restricted to allow the tailgates to bang only once." I'm not sure how this is helpful. One loud bang in the quite of the night will certainly wake up the residents. Will the City have someone there monitoring this requirement? If the tailgates are allowed to "accidentally" bang even once or twice an hour, who will be able to sleep! There should be NO dump trucks used during nighttime hours. A banging tailgate is 77 dba per (Attachment D). • All vehicles must be well oiled, including brakes: Dirt hauling has been going on during the day and trucks have been tuming into the dump site with brakes squealing. The trucks are not owned by the applicant, but are owned by Scarsella and others. How will the city be enforcing this requirement, and who will monitor this? If you think Scarsella will do a brake job on his trucks so he can meet this requirement, that is unrealistic. The applicant has stated that 350 trips per night, which is one truck every 1.7 minutes, will enter the fill site. With that many trucks, the almost constant noise will be uncontrollable. • The berm The berm has an opening in it approximately 80 feet wide for the trucks to ingress and egress. This opening is directly across the street from the noise receiving properties therefore making it ineffective. (Attachment H) Also, the noise receiving prosperities are elevated from the dump site so the sound travels right over the top of the berm. The fill site is to be raised about 60 feet in elevation from Orillia Road. As the fill gains elevation the noise will be even greater because there will be less vegetation providing natural barriers to the sound. • Noise monitoring. The applicant is required to hire a noise professional to monitor and assure the noise mitigation is effective. There is no requirement stating how often this is to be done and who is to be the judge of the effectiveness of the mitigation measures. The traffic control plan was approved for this site with the condition "that a noise variance would be required if noise levels exceed the City's allowed nighttime noise levels." (see Attachment F) The applicant ignored that requirement and began hauling to the site on about June 11, 2015 between 7 pm and 3 am. This hauling continued for approximately two weeks. Calls were made to the police and calls were made to the City of Tukwila to stop the noise. The response from Jack Pace was, "I have no authority to stop it." and "we are looking into pulling his permit" Really!! Meanwhile the noise continued. A RED TAG should have been used in this situation! If Jack Pace does not have authority, then who does? The code (8.22.030.D) is clear, but Jack Pace is not. Maybe you can understand why we have no confidence that mitigation and monitoring measures will have an effect in controlling the noise levels so that they meet the policy of 8.22.010 5 Granting a noise variance must meet all four requirements of 8.22.120 (E) . We believe we have made the case that the request for the variance should be denied. The kingpin of the City's and applicant's case is safety. They have used that reason for three of the four conditions that must be met. The actions of the City and applicant, of hauling during the day, have now proven that safety cannot be used as an argument of meeting the conditions of this code. If it was truly an issue, they would now be violating the City's own regulations and open the City up to liability actions. The need to haul at night for economic reasons does not outweigh the right of the residents. "It is also the express intent of the City Council that noise be prohibited when it is in excess of specified decibel levels, as well as when it unreasonably disturbs the peace, comfort and repose of others." Continual disruption of sleep (sleep deprivation) is a health and safety concern for the noise receiving residents. TMC Chapter 8.22.120.H.2 States that Variance may be revoked if: "Material misrepresentation of fact in the variance application;" The Findings say that the applicant stated, "geotechnical analysis requires the fill material must be placed concurrently with hauling in order to achieve required compaction standards for structural integrity." In fact Geotechnical engineering does NOT state that. The applicant states "It is impossible to achieve proper placement and the required level of compaction when hauling and placement activities are not completed as one operation." What geotechnical engineering analysis does state is, "the material must be placed, processed, and compacted in consistent layers to achieve required compaction standards." There is no timeframe stated by the geotechnical engineer. The important requirements for structural fill is the grade of the fill material and that it be compacted in consistent lavers. Timing of those operations is irrelevant in achieving structural fill, and stockpiling fill for later use is common practice. The opinions of two Professional Engineers are included on this subject. (Attachment I) If the applicant's statements are true, then how is it possible to follow the mitigation plan and dump the material 600 feet away from Orillia Road, and then push it into place and compact it, and still achieve structural fill? There is no difference if the fill is pushed immediately or twelve hours later! So the option of stockpiling the fill at night and placing it and compacting during the day is a very valid mitigation answer to the excessive noise produced during nighttime hours. Because the applicant is an experienced dirt man, he can not claim ignorance, and It is our opinion that the statement was meant to sway the administrator's decision to not have them separate the hauling and grading / compacting operations. It may be true that hauling and placing fill material in one operation is more efficient and therefore more cost effective for the applicant, however the intent of 8.22 is not to promote the applicant's monetary gain, but to protect the public's health and safety. The statements made by the applicant all have a bearing on the decision not to require that the nosiest part of the operation be done in daytime hours. This false statement alone is reason, under 8.22.120.H.2, for revoking the variance. If the variance is granted, we have a very real concern for the physiological and psychological dangers from the excessive noise that will be going on for up to three months. If our renters in of the noise receiving properties off of Orillia Road, decide to move because of the noise, we will lose income. Clearly the houses will be un-rentable during this time and rental income will be lost trying to find acceptable replacement renters when the project is over. So, this is economical for us as well. Does the City believe that this variance is so critical and in the best interest of the City, that they are willing to trample on our rights? If this project is so critical to the City and the noise is allowed to continue at night, then that would be akin to a "condemnation" or a "taking" of our environmental rights. If this is so, then the City should compensate the property owners during this noise producing nighttime activity,. 6 r"1 . The applicant voluntarily stopped work after very upset residents could not be ignored. It is our belief that the City entered into the process of granting a variance with the mindset of having to grant it no matter what, finding any excuse to do so. The City ignored the false statements made about the ambient noise levels and misrepresented what the geotechnical engineer said about structural fill. It is also important to note that all the comment letters of support on the variance were from those owners of vacant land, or who do not live on their property. On the chance that the variance is granted, then these are the requested mitigation measures. • No grading or compacting during nighttime hours shall be performed. • Residents shall be provided with a nighttime contact number for a responsible official at the City who has the authority to enforce the noise variance. • This variance is for 60 non-consecutive days. That means, if they work 5 days a week, which they have been doing, this noise will be going on until the end of September. That is all summer long. If a Belly Dumper can haul 17 yards per load, and if there are 350 loads completed in a night, that would be 5950 cu. yds. of fill per day. The amount the applicant states as the amount of fill coming from the Airport is 200,000 yards. They would need 33.6 days to complete the hauling. This would be about 6.5 weeks of a five days per week working schedule. If the variance in some form is granted, then the variance should not be allowed to be used on the import of other fill from other sites. The variance should be a stand alone variance for the Airport fill. • The level of noise allowed will not be such that it will keep awake or wake up the residents. • Only belly dumper trucks to be used. No dump trucks allowed. • Trucks will use north entrance off of Orillia Road and close off the open space in the berm. • All the mitigation measures in the decision of June 12, 2015 will be followed. • Surprise mandatory noise monitoring will occur on a regular basis by the City of Tukwila. The problem with mitigation measures is that they have to be continuously followed, and real consequences enforced if the measures are not followed. The past actions of Jack Pace to allow the violation to continue for two weeks and never stopping the violator is a great concern for us. Joel Bauer felt that he got such a runaround and that he was lied to, that he has filed an ethics complaint about the matter. (Attachment K) We would expect the City to be as expedient in scheduling this hearing as it was in granting this variance! Thank you for considering this appeal. Doug Thompson 7 MgCou,t f----- • A rrals at Your sendse oa (1 1 or HOME NEWS SERVICES DIRECTORY Transportation CONTACT Search Traffic Counts You're in: Department of Transportation » Road Services » Traffic Counts» Export Traffic Count Data Export rttJ Acrobat (PDF) file v ADT Number Location 4170 S 200th St at Orilla Rd S • - Projected Leg E E-EB E-WB N N-N B N-SB S S-NB S-SB 2012 2011 2010 2009 2008 14390* 7598* 6792* 34838* 17388* 17450* 26180* 12710* 13470* Pag SITEMAF Location City, State Counter # TRAFFIC DATA GATHERING Lake Stevens, WA (425) 334-3348 e-mail: Carlan@TrafficDataGathering.com S 200th Street w/o Southcenter Parkway Tukwila, WA NT-1850 24 Hour Volume, per Channel Site: 15-111-06 4/28/2015 Tuesday EB Interval Start 12:00 AM 12:15 AM 12:30 AM 12:45 AM 11 16 3 11 41 1:00 AM 1:15 AM 1:30 AM 1:45 AM 6 6 7 8 27 2:00 AM 2:15 AM 2:30 AM 2:45 AM 15 3 8 16 42 3:00 AM 3:15 AM 3:30 AM 3:45 AM 12 81 16 25 28 4:00 AM 4:15 AM 4:30 AM 4:45 AM 14 46 59 93 212 5:00 AM 5:15 AM 5:30 AM 5:45 AM 6:00 AM 6:15 AM 6:30 AM 6:45 AM 7:00 AM 7:15 AM 7:30 AM 7:45 AM 8:00 AM 8:15 AM 8:30 AM 8:45 AM 76 107 138 154 126 164 172 226 210 248 198 310 208 200 164 180 475 752 9:00 AM 9:15 AM 9:30 AM 9:45 AM 138 144 134 106 522 10:00 AM 10:15 AM 10:30 AM 10:45 AM 126 118 117 118 479 11:00 AM 11:15 AM 11:30 AM 11:45 AM 100 115 131 98 444 Interval Start 12:00 PM 12:15 PM 12:30 PM 12:45 PM 1:00 PM 1:15 PM 1:30 PM 1:45 PM 2:00 PM 2:15 PM 2:30 PM 2:45 PM 3:00 PM 3:15 PM 3:30 PM 3:45 PM 4:00 PM 4:15 PM 4:30 PM 4:45 PM 5:00 PM 5:15 PM 5:30 PM 5:45 PM 6:00 PM 6:15 PM 6:30 PM 6:45 PM 7:00 PM 7:15 PM 7:30 PM 7:45 PM 8:00 PM 8:15 PM 8:30 PM 8:45 PM 9:00 PM 9:15 PM 9:30 PM 9:45 PM 10:00 PM 10:15 PM 10:30 PM 10:45 PM 11:00 PM 11:15 PM 11:30 PM 11:45 PM 12:00 AM 12 Hour Count Peak Hour Peak Volume Factor 12:00 PM 4729 7:00 AM 966 0.78 24 Hour Total 98 116 104 115 106 128 136 136 114 132 104 122 132 113 94 122 106 90 107 115 92 107 86 80 63 68 71 55 49 39 40 58 34 25 30 26 20 24 20 24 23 19 18 22 10 9 5 6 433 506 472 461 418 365 257 186 115 88 82 30 8142 12:00 PM 12 Hour Count Peak Hour Peak Volume Factor 12:00 AM 3413 1:30 PM 518 0.95 Loc 06 EB.rdf 1 Location City, State Counter # TRAFFIC DATA GATHERING Lake Stevens, WA (425) 334-3348 e-mail: Carlan@TrafficDataGathering.com S 200th Street w/o Southcenter Parkway Tukwila, WA NT-1846 24 Hour Volume, per Channel Site: 15-111-06 4/28/2015 Tuesday WB Interval Start Interval Start 12:00 AM 16 12:15 AM 25 12:30 AM 23 12:45 AM 20 1:00 AM 17 1:15 AM 14 1:30 AM 8 1:45 AM 14 84 53 2:00 AM 20 2:15 AM 20 2:30 AM 16 2:45 AM 16 72 3:00 AM 14 3:15 AM 10 3:30 AM 15 3:45 AM 12 51 4:00 AM 17 4:15 AM 20 4:30 AM 45 4:45 AM 28 12:00 PM 128 12:15 PM 106 12:30 PM 108 12:45 PM 104 1:00 PM 132 1:15 PM 140 1:30 PM 149 1:45 PM 138 2:00 PM 150 2:15 PM 166 2:30 PM 253 2:45 PM 237 3:00 PM 208 3:15 PM 244 3:30 PM 264 3:45 PM 260 110 4:OOPM 222 4:15 PM 321 4:30 PM 302 4:45 PM 291 5:00 AM 26 5:15 AM 36 5:30 AM 40 5:45 AM 52 154 5:00 PM 302 5:15 PM 320 5:30 PM 252 5:45 PM 210 6:00 AM 53 6:15 AM 66 6:30 AM 84 6:45 AM 65 446 559 268 -- 6:00 PM 148 6:15 PM 146 6:30 PM 118 6:45 PM 132 7:00 AM 91 7:15 AM 74 7:30 AM 80 7:45 AM 74 544 319 7:00 PM 74 7:15 PM 94 7:30 PM 63 7:45 PM 62 8:00 AM 106 8:15 AM 90 8:30 AM 79 8:45 AM 77 293 352 8:00 PM 93 8:15 PM 92 8:30 PM 86 8:45 PM 56 9:00 AM 96 9:15 AM 94 9:30 AM 84 9:45 AM 90 327 364 9:00 PM 51 9:15 PM 48 9:30 PM 28 9:45 PM 37 10:00 AM 92 10:15 AM 115 10:30 AM 104 10:45 AM 121 164 432 10:00 PM 40 10:15 PM 35 10:30 PM 30 10:45 PM 28 11:00 AM 110 11:15 AM 110 11:30 AM 100 11:45 AM 113 133 433 11:00 PM 33 11:15 PM 19 11:30 PM 32 11:45 PM 10 94 12:00 AM 12 Hour Count Peak Hour Peak Volume Factor 12:00 PM 2692 10:15 AM 450 0.93 24 Hour Total 9254 12:00 PM 12 Hour Count Peak Hour Peak Volume Factor 12:00 AM 6562 4:15 PM 1216 0.95 Loc 06 WB.rdf 1 [Br% /911-Af -si evarr •••• " sA.1%, "6,1, 4'vt • o• •, 1:1-z ?;747,;,--•=1 • •,••'•r• ^ 1j V „ r ` ssf4 - • •••• • ---•••••• ant - • $ ;•• '4. • "." ,1744-r.' • -a? "-• 563E rn 63E a*PW' "tit ibratory,Soil ckist441000•414 ompactors o 0 - • • • 1.:.1 - o o I :!-.1!-";••'•'; • 0 „ • • • Cat® 3056E ATAAC Turbocharged Diesel Engine Gross Power ' , 112 kW/150 hp Drum width • • 2134 Min Operating Weight (with ROPS/FOPS cab) • CS-563E •• • 12 130 kg CP-563E • .; Engine Four-stroke cycle, six cylinder Caterpillar 3056E ATAAC electronic turbocharged low emissions diesel engine. Ratings at 2200 rpm Gross power kW hp 112 150 Net Power EEC 80/1269 107 143 ISO 9249 107 143 Net power advertised is the power available at the flywheel when the engine is equipped with fan, air cleaner, muffler and alternator. No derating required up to 3000 m altitude. Dimensions Bore 100 mm Stroke 127 mm Displacement 6 liters Dual -element, dry -type air cleaner with visual restriction indicator, thermal starting aid and fuel/water separator are standard. Steering A priority -demand hydraulic power - assist steering system provides smooth low -effort steering. The system always receives the power it needs regardless of other hydraulic functions. Minimum turning radius: Inside Outside Steering angle 3680 mm 5810 mm (each direction) Oscillation angle ± 34° (each direction) ± 15° Hydraulic system Two 76 mm bore, double-acting cylinders powered by a gear -type pump. Transmission Two variable displacement piston pumps supply pressurized flow to two dual displacement piston motors. One pump and motor drives the drum propel system while the other pump and motor drives the rear wheels. The dual pump system ensures equal flow to the drive motors regardless of the operating conditions. In case the drum or wheels lose traction, the other motor can still build additional pressure to provide added torque. The drive motors have two swashplate positions allowing operation at either maximum torque for compaction and gradeability or greater speed for moving around the job site. A rocker switch at the operator's console triggers an electric over hydraulic control to change speed ranges. Speeds (forward and reverse) CS-563E Low Range High Range CP-563E 5.7 km/h 11.4 km/h Low Range High Range 5.8 km/h 11.6 km/h Gradeability with or without vibration (subject to underfoot conditions) 55% Final Drives and Axle Final drive is hydrostatic with gear reducer to the drum and hydrostatic with differential and planetary gear reduction to each wheel. Axle Heavy-duty fixed rear axle with a limited slip differential for smooth and quiet torque transfer. Tires 587 mm x 660 mm (23.1" x 26") CS-563E 8-ply flotation CP-563E 10-ply traction Ballasted with 30-35% calcium chloride/water solution, approximately 430 liters per tire. CS-563E/CP-563E specifications Brakes Service brake features Closed -loop hydrostatic drive system provides dynamic braking during operation. Secondary brake features* Spring-applied/hydraulically-released multiple disc type brake mounted on the drum drive gear reducer. Secondary brakes are activated by: a button on the operator's console; Toss of hydraulic pressure in the brake circuit; or when the engine is shut down. A brake interlock system helps prevent driving through the secondary brake. " All machines sold within European Union are equipped with a brake release pump which allows the manual release of the secondary brake system for towing the machine. Braking system meets EN 500. Sound Operator Sound. The operator sound level measured according to the procedures specified in ISO6394 is 81 dB(A), for cab offered by Caterpillar, when properly installed and maintained and tested with the doors and windows closed. Exterior Sound. The labeled spectator sound power level measured according to the test procedures and conditions specified in 2000/14/EC is 111 dB(A). 11 • Pre -Assembled Structures Comparative Examples of Noise Sources, Decibels 68175 Comparative Examples of Noise Levels I Real World Examples and Decibel Levels (Industrial N... • age 1 of 1 titisvitK. INg: oloitlisftmaralt^ckAnigzjl:calteat!ttt NOtsr: CU14TBOL.:NC. OLHOt)v E e . r ttci Your SUCC C'Sg Home Inous:oai Noise Control Ltbrary > Comparative Examples of Noise Levels Comparative Examples of Noise Levels • Panl-Wall Modular Acoustical Panels & Their Effects r - Flexi-Sorb Noise Control Curtains a Outdoor Noise Barriers • Acoustical Test 8 Measurement Cells ■ Power Sports Dynamometer Test Cells a Noise Barriers • Flexible Noise Absorbers r K-Foam ■ Convoluted Foam , a Sorba-Glas Noise Absorber a HVAC Duct Liner • Noise Barriers 8 Composites a Acoustic Foam Composites a Sorba-Glas Composites a Noise 8 Vibration Damping Materials Toll Free 800-954-1998 Decibel Effect , Jet take off (at 25 meters) Aircraft carrier deck 140 Military jet aircraft lake -off from aircraft carrier with afterburner at 50 ft (130 d8). 130 Thunderclap, chain saw. Oxygen torch (121 dB). 120 Painful. 32 times as loud as 70 d8. Steel mill, auto horn at 1 meter. Turbo -fan aircraft al takeoff power at 200 ft (118 dB). Riveting machine (110 dB). live rock music (108 - 114 dB). 110 Average human pain threshold. 16 times as loud as 70 dB. Jet take -off (at 305 meters), use of outboard motor, power lawn mower, motorcycle, farm tractor, jackhammer, garbage truck. Boeing 707 or DC-8 aircraft at one nautical mile (6080 ft) before landing (106 dB); jet flyover at 1000 feet (103 dB); Bell J-2A helicopter at 100 n (100 dB). 100 8 times as loud as 70 dB Serous damage possible in 8 hr exposure Boeing 737 or DC-9 aircraft al one nautical mile (6080 ft) before landing (97 dB): power mower (96 d8): motorcycle at 25 ft (90 dB). Newspaper press (97 dB). 90 4 times as loud as 70 d8. Likely damage 8 hr exp Garbage disposal, dishwasher, average factory, freight train (at 15 meters). Car wash a1 20 ft (89 dB); propeller plane flyover at 1000 ft (88 dB); diesel truck 40 mph at 50 ft (84 dB); diesel train at 45 mph at 100 ft (83 d8). Food blender (88 d8); milling machine (85 d8): garbage disposal (80 d8). 80 2 times as loud as 70 dB. Possible damage in 8 hr exposure. Passenger car at 65 mph at 25 n (77 dB); freeway at 50 ft from pavement edge 10 a.m. (76 d8). Living room music (76 dB); radio or TV -audio, vacuum cleaner (70 dB). 70 Arbitrary base 01 comparison. Upper 70s are annoyingly loud to some people. Conversation in restaurant, office, background music, Air conditioning unit at 100 ft - 60 Half as loud as 70 dB. Fairly quiet Quiet suburb, conversation at home. Large electrical transformers at 100 ft 50 One-fourth as loud as 70 dB. Library, bird calls (44 dB); lowest limit of urban ambient sound 40 One -eighth as loud as 70 d8. Quiet rural area 30 One -sixteenth as loud as 70 de. Very Quiet Whisper, rustling leaves 20 Breathing 10 Barely audible moed from htrp://www wenet net/-hpb/dblevels. html) on 2/2000. SOURCES: Temple University Department of Civil/Environmental Engmeenng www temple. edu/departments/CETP/environ 10. html), and Federal Agency Review or Selected Airport Noise Analysis Issues. Federal Interagency Committee on Noise (August 1992). Source of the information is ahnbuted to Outdoor Noise and the Metropolitan Environment, M C. Branch et al., Department of City Planning, City o/Los Angeles, 1970 your name your email r In -Plant Noise Control • Operator Control i Rooms • a Pulpits and Qmet Rooms • Acoustical Test Chambers • Community Noise Control • Reverberation Control a Machinery Sound Enclosures • Acoustical Dividers 8 Partitions • Decorative Noise Control Power Sports Dynamometer Test Cells INC Professional Dyno Test Rooms ensure a stable. repeatable enveorment for your dynamometer runs and a sale work space for your technicians <Back l Top l Horne Acoustic Panels I Norse Control Curtains I Outdoor Noise Barners Dynamometer Test Cell I Noise Barriers I Convoluted Foam I Ceiling Baffles HVAC Silencers I Acoustical Enclosures I Acoustical Engineering Services ©2010 Industrial Noise Control, Inc. - All Rights Reserved. 401 Airport Rd. North Aurora, IL 60542 (630-844-1999 I Fax 630-966-9710) Email e� , t r2twnve rn � e 1 i',mahMeinret Marketing by Top Floor Technologws` http://www. industrialnoisecontrol.com/comparative-noise-examples.htm 6/ 17/2015 Page 1 of 2 • ,,7117**/". MaiA From: Dave Stuckle <Dave.Stuckle(UukwilaWA.gov> To: Minnie Dhaliwal <Minnie.Dhaliwal aC�TukwilaWA.00v> Date: Mon, 15 Jun 2015 22:54:55 +0000 Subject: Fwd: A15-0022 Noise Variance See below. David Stuckle Project Inspector City of Tukwila cell:(206)571-8213 office:(206)431-2449 fax:(206)431-3665 dave.stuckl ena,tukwi 1awa.gov bb .0.-i49& Begin forwarded message: From: Dave Stuckle <Dave.Stuckle@TukwilaWA.gov> Date: May 29, 2015 at 12:17:08 PM PDT To: Valerie Lonneman <Valerie.Lonneman(aTukwilaWA.gov> Subject: Re: A15-0022 Noise Variance Yes the dba readings I took are as follows, 60 dba was registered via background/ambient noise levels 75 dba was registered when general Orillia Rd traffic would drive by 77 dba was registered via the tailgate banging - 79 dba was registered via the squeaky bulldozer tracks These readings were taken from the sidewalk directly across the street in the general area of the residents property. I did not want to access their properties in the middle of the night. Since the readings were taken on 5/19/15 pm, the contractok has switched out the bulldozer for a quieter one, built a berm between the construction site and Orillia Rd, and moved the trucks around the comer to the east to dump their loads. All these measures were taken to aid in noise control. Moving the trucks around the comer has seemed to help quite a bit if not all together in controlling the noise of the banging tailgates. The dozen is noticeably quieter, though I didn't have the dba meter with me to register new readings. On a side note, the contractor did not haul dirt during the daytime hours yesterday because they felt uncomfortable closing a lane of traffic with the current daytime traffic volumes. David Stuckle Project Inspector City of Tukwila cell:(206)571-8213 office: (206)431-2449 fax:(206)431-3665 junomsg://06E643F8/ 6/15/2015 4747-Misvgr.p Page 1 of 2 Page 2 of 2 dave.stucklent�>kwij a.. u evv On May 29, 2015, at 11:15 AM, Valerie Lonneman <Valerie.Lonneman TukwilaWA gov> wrote: Hi Dave, thanks for the comments on the variance —they are helpful. Do you have any dB(A) readings from the site that you are able to share? I'm specifically curious if you know what the loudest activities are, so that we may focus on how to mitigate for them. Minnie mentioned that residents had complained about loud banging noises from when the trucks lift up the beds to empty fill material. Did you get a reading on those activities? Thanks, Valerie Lonneman Assistant Planner, City of Tukwila 1630o Southcenter Blvd, Tukwila WA 98188 206.433.714o I Valerie.Lonneman(ilTukwilaWA eov Tukwila: The City of opportunity, the community of choice. junomsg://06E643F8/ 6/15/2015 LPSS CEDE Contracts Display Details Pap' Contract Details: TrAcHitictr1 E 5P° i�D�._.•.:.t t ? ;?7l STr' Amendment Details: Page 1 of 1 C_o*yam Mod # Execution Date Description Change Type_Budget Change Expiration Date Change 1 4/16/2015 PROJECT SCHEDULER Budget Update 70000.00 n/a https://hosting.portseattle.org/contractsweb/ConDetailsPage.aspx?id=MC•0318131 6/14/2015 ZPBll TO: FROM: By: DATE: SUBJECT: #rr4c `'t* PVT' Attachment C City of Tukwila MEMORANDUM Jack Pace, DCD Director Bob Giberson, Public Works Director Robin Tischmak, City Engineer June 11, 2015 Tukwila South Grading Permit Noise Variance Jim Haggerton, Mayor r\ The Public Works Department offers the following information regarding the Noise Variance Application submitted by Segale Properties LLC as well as additional information provided on 6/9/15. Grading Permit # PW10-064 was issued on April 29, 2011. Continued grading activities have been occurring periodically since that date. As part of that permit, a new traffic control plan was submitted for approval by Segale Properties to -.haul in fill material off of Orillia Road. The traffic control plan specified two lane closures on Orillia Road while hauling was to be active and that the work would generate approximately 350 total round trips per shift. A Public Works review indicated that the heavy traffic volumes on Orillia Road (approx.. 35,000 vehicles per day) would make the operation infeasible during normal daytime hours of operation. Using recent traffic counts from S 200th St as a percentage basis for hourly volumes on Orillia Road, the proposed work will create a Level of Service "F" between 5:00 a.m. and 6:00 p.m. southbound and between 8:00 a.m. and 7:00 p.m. northbound. Degradation of traffic flows to Level of Service "F" is not acceptable within the City. The traffic control plan was approved with the condition that the specified activities occur at night, with the additional condition that a noise variance would be required if noise levels exceed the City's allowed nighttime noise levels. Attachment Traffic Counts • Engine — STO Engin Model Net Power — ISO 9249 Engine — XLJLGP Engine Model Net Power— ISO 9249 Cat' C9 ACERFM 130 kW 175 hp Cat' C9 ACERTPA 145 kW 195 hp Alrk 101164)7 CAT Weights Operating Weight — STD Operating Weight — XL Operating Weight— LGP 18 325 kg 20 080 kg 21 715 kg 40,400 Ib 44,270 Ib 47,874 Ib 4.44 Bulldozer Bulldozer Tilt Tilt Cylinder Ripper (Lift) Ripper (Pitch) Steering :Plirflilh►;(tf7i�iiClks'��'Is� ul��';``'r'''i Pump Capacity at 6900 kPa 1,001 psi RPM at Rated 2,125 rpm Engine Speed Pump Output 214 Umin 56.5 gall min Lift Cylinder Flow 190 Umin 50.2 gal/ min Tilt Cylinder Flow 80 Umin 21.1 gal/ min Ripper Cylinder Flow 160 Umin 42.3 gal/ :(yiId:11111*':, Pressure Setting min 42 000 kPa 6,092 psi :I'/.ri tlilG ryil r{-.) 'i;` d�li►'�1i1111r%�(ll'liiiyc 19 300 kPa 2,799 psi 19 300 kPa 2,799 psi 19 300 kPa 2,799 psi 19 300 kPa 2,799 psi 19 300 kPa 2,799 psi 40 000 kPa 5,802 psi SU-Blade Capacity SU-Blade Width S-Blade Capacity S-Blade Width A -Blade Capacity A -Blade Width LGP S-Blade Capacity LGP S-Blade Width Number of Pockets 3 Overall Beam Width Beam Cross Section Maximum Clearance Raised (under tip, pinned in bottom hole) Maximum Penetration Maximum Penetration Force Pryout Force Weight — with Three Shanks D6R Track -Type Tractor IN* Nx 1000 1000 00 00 40 400 100 0 1 STD XL/LCP r 5.61 m' 7.34 yd' 3260 nun 10 ft 8 in 3.89 m' 5.09 yd' 3360mm I 1 ft 0 in 3.93m' 5.14yd3 4166mm 13R8in 3.75 m' 4.9 yd' 4063mm 13ft4in Fixed Parallelogram 2202 mm 87 in 216x 8.5x 254mm 10in Sllmm 20.1in 500 mm ,.19.7 in 6603 kg 14,5571b 9134 kg 20,137lb 1782 kg 3,9321b s• I s SPEED 1% ROPS/FOPS ROPS mats criteria SAE J395, SAE 1040 MAY94, ISO 3471.1994/ FOPS meets ISO 3449- 1992 Level II Brakes Brakes meet criterion SAE J/ISO 10265 MAY98 Meets appropriate standards as listed below. • The operator sound exposure Leq (equivalent sound pressure) measured according to the dynamic conditions in ISO 6396 is 79 dB(A) fora cab offered by Caterpillar when properly installed and maintained and with doors and windows closed when tested. • Hearing protection may be needed when operating with an open operator station and cab (when not properly maintained or doors/windows open) for extended periods or in noisy environment. • The exterior sound pressure level for a standard machine was measured a rding to the dynamic conditions in ISO 6395. On a machine equipped with a carrier roller, the sound level is 115 dB(A). On a machine without a carrier roller, the level is 114 dB(A). 12barb r •N Cab 13 1170 9 7 9 09EL 7 1 n4,itir r Doug, Greetings. Good to hear from you. You're correct that the operation can be accomplished in two stages. Stockpiling followed by final placement and compaction. It is true that this must be performed in successive lifts (6"-8" is pretty typical). Obviously, it would cost more to perform these separate tasks, but it's definitely not impossible. One question that might come up is the available space on site for stockpiling. It is true that the embankment grades must be fairly shallow (6H:1 V is common). But this is to avoid erosion and maintain slope stability on the stockpiled material, but has nothing to do with the "construction of buildings". It appears that their objection is placing the material by dumping it all in its final resting place and attempting to compact this deep embankment. Without compacting successive minimum lifts this would present a potential for an unstable foundation. But it looks like they are basically ignoring the possibility for stockpiling and then placing/compacting minimum lifts. Sounds like a bit of a headache, but I think you have good cause to dispute. One other question: Do they perform the same operation during the daytime hours? What is the need to do this work at all during the night? Is it 24/7 construction? An aerial of the worksite would be helpful to set what space is available for stockpiling on site. Let me know if you have any other questions. Take care and God bless, Andy Carpenter, P.E. Civil Engineer 206-276-5703 June 24, 2015 To: Joel Bauer Concerning the following statement: "It is impossible to achieve proper placement and the required level of compaction when hauling and placement activities are not completed as one operation." The placement of imported fill material and when it is compacted has no effect on the final structural condition of the fill. The practice of stockpiling fill material and later moving it into place to be compacted is a common practice. The type of material, the thickness of the lifts, moisture content, and level of compaction are the critical requirements for obtaining structural fill. Sincerely, Eldon Jacobson, Professional Engineer Civil Engineer OBCZ 9.0 Construction Equipment Noise Levels and Ranges - Handbook - Construction Noise - Noise -... Page 2 of 17 \` "" "4'Q 4Zj1. l i 141,(.rcy measurements taken in conjunction with the Central Artery/Tun I (CA/T) Project. Table 9.1.1summarizes the equipment noise emissions database used by the CANT e� Ana "default" values for use in the RCNM, user -defined equipmentnt c rr rr s o l e ad Table 9.1 RCNM Default Noise Emission Reference Levels and Usage Factors. Equipment Description Impact Device? Acoustical Usage Factor (%) Spec. 721.560 Lmax @ 50 feet (dBA, slow) Actual Measured Lmax @ 50 feet (dBA, slow) (Samples Averaged) Number of Actual Data Samples (Count) All Other Equipment > 5 HP No 50 85 N/A 0 Auger Drill Rig No 20 85 84 36 Backhoe No 40 80 78 372 Bar Bender No 20 80 N/A 0 Blasting Yes N/A 94 N/A 0 Boring Jack Power Unit No 50 80 83 1 Chain Saw No 20 85 84 46 Clam Shovel (dropping) Yes 20 93 87 4 Compactor (ground) No 20 80 83 57 Compressor (air) No 40 80 78 18 Concrete Batch Plant No 15 83 N/A 0 Concrete Mixer Truck No 40 85 79 40 Concrete Pump Truck No 20 82 81 30 Concrete Saw No 20 90 90 55 Crane No 16 85 81 405 Dozer No 40 85 82 55 Drill Rig Truck No 20 84 79 22 Drum Mixer No 50 80 80 1 Dump Truck No 40 84 76 31 Excavator No 40 85 81 170 Flat Bed Truck No 40 84 74 4 Front End Loader No 40 80 79 96 Generator No 50 82 81 19 Generator (<25KVA, VMS Signs) No 50 70 73 74 Gradall No 40 85 83 70 Grader No 40 85 N/A 0 No 40 85 87 1 http://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm 6/23/2015 49$l 9.0 Construction EquipmenNse Levels and Ranges - Handbook - Constru' `In Noise - Noise -... Page 3 of 17 Grapple (on backhoe) • Horizontal Boring Hydraulic Jack No 25 80 82 6 Hydra Break Ram Yes 10 90 N/A 0 Impact Pile Driver Yes 20 95 101 11 Jackhammer Yes 20 85 89 133 Man Lift No 20 85 75 23 Mounted Impact Hammer (hoe ram) Yes 20 90 90 212 Pavement Scarifier No 20 85 90 2 Paver No 50 85 77 9 Pickup Truck No 40 55 75 1 Pneumatic Tools No 50 85 85 90 Pumps No 50 77 81 17 Refrigerator Unit No 100 82 73 3 Rivit Buster/Chipping Gun Yes 20 85 79 19 Rock Drill No 20 85 81 3 Roller No 20 85. 80 16 Sand Blasting (single nozzle) No 20 85 96 9 Scraper No 40 85 84 12 Sheers (on backhoe) No 40 - 85 96 5 Slurry Plant No 100 78 - 78 1 Slurry Trenching Machine No 50 82 80 75 Soil Mix Drill Rig No 50 . 80 N/A 0 Tractor No 40 84 N/A 0 Vacuum Excavator (Vac -Truck) No 40 85 85 149 Vacuum Street Sweeper No 10 80 82 19 Ventilation Fan No 100 85 79 13 Vibrating Hopper No 50 85 87 1 Vibratory Concrete Mixer No 20 80 80 1 Vibratory Pile Driver No 20 95 101 44 Warning Horn No 5 85 83 12 Welder/Torch No 40 73 74 5 http://www.fhwa.dot.gov/environment/noise/construction noise/handbook/handbook09.cfm 6/23/2015 0991 .D 0 Part Two —Construction Noise Impact Assessment i • Table 7-4. Average maximum noise levels at 50 feet from common construction equipment. Equipment Description Actual Measured Average Impact Device? L° at 50 feet Auger Drill Rig No 84 Backhoe No 78 Blasting (rock slope production)' Yes 126 Blasting (mitigated rock fracturing)' Yes 98 Boring Jack Power Unit No 83 Chain Saw No 84 Clam Shovel (dropping) Yes 87 Compactor (ground) No 83 Compressor (air) No 78 Concrete Mixer Truck No 79 Concrete Pump Truck No 81 Concrete Saw No 90 Crane No 81 Dozer No 82 Drill Rig Truck No 79 Drum Mixer No 80 Dump Truck No 76 Excavator No 81. Flat Bed Truck No 74 Front End Loader No 79 Generator No 81 Generator (<25KVA, VMS signs) No . 73 Gradall No 83 Grader' No 89 Grapple (on backhoe) No 87 Grinder No 85 Horizontal Boring Hydr. Jack No 82 Impact Pile Driver' Yes 110 Jackhammer Yes 89 Man Lift No 75 Mounted Impact Hammer (hoe ram) Yes 90 Pavement Scarifier No 90 Paver No 77 Pickup Truck No 75 Pneumatic Tools No 85 Pumps No 81 Refrigerator Unit No 73 Rivet Buster/chipping gun Yes 79 Rock Drill No 81 Biological Assessment Preparation Advanced Training Manual Version 02-2015 7.12 Z551 Part Two —Construction Noise Impact Assessment Table 7-4 (continued). Average maximum noise levels at 50 feet from common construction equipment. Equipment Description Actual Measured Average Impact Device? Lm.ab at 50 feet Roller No 80 Sand Blasting (S ingle Nozzle) No 96 Scraper No 84 Shears (on backhoe) No 96 Slurry Plant No 78 Slurry Trenching Machine No 80 Tractor' No 84 Vacuum Excavator (Vac -truck) No 85 Vacuum Street Sweeper No 82 Ventilation Fan No 79 Vibrating Hopper No 87 Vibratory Concrete Mixer No 80 Vibratory Pile Driver No 101 Warning Horn No 83 Water Jet Deleading No 92 Welder / Torch No 74 WSDOT measured data in FHWA's Roadway Construction Noise Mode Database (2005). b is the maximum value of a noise level that occurs during a single event. 7.1.3.2 Stationary Equipment Stationary equipment such as pumps, power generators, and -air compressors generally run continuously at relatively constant power and speeds. Noise levels at 50 feet from stationary equipment can range from 68 to 88 dBA, with pumps typically in the quieter range. The biologist can also assume an averaged noise level for stationary equipment because of its fixed location and constant noise pattern. 7.1.3.3 Impact Equipment Impact equipment includes pile drivers, jackhammers, pavement breakers, rock drills, and other pneumatic tools where a tool bit touches the work. The noise from jackhammers, breakers, rock drills, and pneumatic tools comes from the impact of the tool against material. These levels can vary depending on the type and condition of the material. Noise levels at 50 feet from impact equipment, including pile drivers, jackhammers, and rock drills can range from 79 to 110 dBA. Blasting may be associated with impact equipment use and that noise can reach 126 dBA. An impact pile -driving hammer is a large piston -like device that is usually attached to a crane. The power source for impact hammers may be mechanical (drop hammer), air steam, diesel, or hydraulic. Biological Assessment Preparation 7.13 Advanced Training Manual Version 02-2015 v4gt t 50 Quiet From: <httn://www.nonoise.orp/resource/educat/ownpage/soundlev.htm>. Biological Assessment Preparation Advanced Training Manual Version 02-2015 7.6 Broadcasting studio 20 Very quiet Bedroom Quiet office Part Two —Construction Noise Impact Assessment shows typical noise levels generated by common indoor and outdoor activities, and provides possible human responses. Table 7-1. Common Noises Typical noise levels and possible human responses. Noise Level (dBA) Effect Rocket launching pad (no ear protection) 180 Irreversible hearing loss Carrier deck jet operation 140 Painfully loud Air raid siren Thunderclap Jet takeoff (200 feet) Auto horn (3 feet) 130 Painfully loud 120 Maximum vocal effort Pile driver Rock concert 110 Extremely loud Garbage truck 100 Very loud Firecrackers Heavy truck (50 feet) 90 Very annoying City traffic Hearing damage (8 hours of exposure) Alarm clock (2 feet) 80 Annoying Hair dryer Noisy restaurant 70 Freeway traffic Business office Telephone use difficult Air conditioning unit Conversational speech 60 Intrusive Light auto traffic (100 feet) Living room 40 Quiet Library/soft whisper (15 feet) 30 Very quiet 10 Just audible Threshold of hearing 0 Hearing begins J//Au wermal OA 7..OmvOvcUonRabe impart au...rental. 6ZZ4 • e 1 Tukwila Noise variance response File #A15-0022 Minnie Dhaliwal, RECEIVED JUN 052015 Community Development Thank you for the invitation to respond to the application for a noise variance permit, for night time work on the corner of 200th Ave. & Orillia Rd South. I am currently living (and trying to sleep) at 19835 Orillia Rd, directly across Orillia on the west side of this construction site. I work & shop in Tukwila daily. Recently, night time heavy earth moving construction work was being done until 3 AM, making it 100% impossible to sleep, even with foam ear plugs and OSHA approved safety ear muffs. I have learned there was no permit issued for this noisy work happening long after the normal bed time hour of working people & long after the noise ordinance effective hour. I also learned that the noise level as measured by Dave in Public Works, was double the decibel level of noise allowed at night. Only now, after complaint calls to the non -emergency police number has the applicant decided to seek a permit to legitimize what is in violation of city ordinances. On one occasion when I called the non -emergency number to complain, an officer responded to me that he could not enforce any noise ordinance because it was out of his hands & he was a mere patrol officer. He stated he could not go on private property. I seriously doubt that would be his response if a neighbor of mine complained about me having a loud party until 3 am. I understand the huge significance of this project for Tukwila's future. I can only imagine how many more tax dollars will be available for the city's general fund. Certain services for the citizens will be greatly improved as the council & budget committee contemplates proposals by city staff. I have always been pro business and pro development. I understand what creates local services & local jobs.l truly "get it". As the city moves forward in this monumental task of developing the south section, 1 believe it's crucial to not forget the livability of the current citizens affected by the construction. Response to proposed noise mitigation measures by the applicant, point by point: Berm of dirt to be maintained: 1. This berm currently does not exist. It's initial construction has been the most significant source of noise for the surrounding several blocks. Because the land has been cleared of all trees and vegetation, the sounds are free to travel all directions uninhibited. The applicant has not offered any mitigation to address this noise violation during the berm construction. Neither can the applicant present evidence that the berm will be effective at eliminating noise above a level that allows neighbors to sleep. Noise reduction criteria not met. 2. Large dump truck tire & engine noise. The applicant states that the trucks will be equipped with exhaust mufflers. This is already required for street legal trucks & unless I'm missing some information, it doesn't appear to be a new mitigation effort. Noise reduction criteria not met. 3. The banging of dump body tail gates to ensure all dirt has been dumped. This is significantly louder than shotgun blasts and occurs about every 1-2 minutes. I see no mitigation offered for this which is the very loudest noise emitting from the site. I was initially told there may a foam dampener that could be applied to the truck tailgates, but this has not been offered by the applicant. Noise reduction criteria not offered and therefore not met. 4. Trucks are using engine exhaust brakes as they come down the hill. The applicant has not offered any mitigation to address this noise violation. Noise reduction criteria not met. 5. The back alarms are heard very clearly as each truck backs up to dump it's load. Although I'm not a sound expert, I fail to see how "variable frequency" back alarms will be quieter. By their very nature, they are to alert people in a loud manner that a truck is backing up. The applicant states that this will be "minimized", but even once is one time too many when people are trying to sleep. Noise reduction criteria not met. The bulldozer metal tracks are very squeaky & loud. The applicant has not offered any mitigation to address this, the most constant noise violation. Noise reduction criteria pot offered or met. The city of Tukwila already knows this project has ignored the current noise ordinance by operating until 3 am without a variance. The city already has record of the noise level emanating from this site at about- 80 decibels. That already far exceeds the level allowed even under the criteria of a variance. Therefore, it's already a known entity that the variance, if issued, will be violated each night. For these reasons of noise mitigation criteria not met, violated or simply ignored completely, I request that this application be denied. The daytime lane closures the applicant seeks to avoid have been occurring anyway. Works has been starting at 6pm, with one lane closed off headed north on Orillia Rd. I propose daytime work, with the four lane road to be temporarily altered so that there are two lanes open for the more traveled direction of the rush hour traffic. This can be easily done by moving the orange safety cones to open the 2nd lane in the direction needed to ensure full capacity in that direction. Because I am on the side of a hill above the work site, the noise is amplified by a natural sound bowl amphitheatre effect. 1 feel as if I am living literally on the top edge of a large speaker cone. The applicant is asking to disrupt the sleep & significantly impact the health of the entire neighborhood residents for 2 months. There's only one way to compensate for lost sleep —getting more sleep. It won't happen with a single early night. If you've had months of restricted sleep, you'll have built up a significant sleep debt, so expect recovery to take several weeks. E504 l 1 • The effects on the human body caused by a lack of sleep are well documented by many scientific studies. Effects of Sleep Deprivation on the Body Sleep deprivation can cause damage to your body in the short term. Over time, it can lead to chronic health problems and negatively impact your quality of life. The following are just some of the serious health consequences of sleep deprivation: Accidental Death, Memory Problems, Hallucinations, Micro Sleep, Weakened Immune Response, Weight Gain, High Blood Pressure, Impaired Brain Activity, Cognitive Dysfunction, Moodiness, Depression, Accident Prone, Cold and Flu, Type 2 Diabetes. Generally, sleep deprivation may result in aching muscles, confusion, memory lapses or total loss of memory, depression, development of false memory, hallucinations hand tremor headaches malaise stye, periorbitai puffiness, commonly known as "bags under eyes" or eve bags, increased blood pressure, increased stress hormone levels, increased risk of diabetes, increased risk of fibromvalgia, irritability, nystagmus (rapid involuntary rhythmic eye movement, obesity, seizures temper tantrums in children, yawning, mania, symptoms similar to: attention -deficit hyperactivity disorder (ADHD) and psychosis Heart Disease: You need sleep as much as you need to breathe and eat. While you're sleeping, your body is busy tending to your physical and mental health and getting you ready for another day. In children and adolescents, hormones that promote growth are released during sleep. These hormones help build muscle mass, as well as make repairs to cells and tissues. Sleep is vital to development during puberty. When you're deprived of sleep, your brain can't function properly, affecting your cognitive abilities and emotional state. If it continues long enough, it can lower your body's defenses, putting you at risk of developing chronic illness. The more obvious signs of sleep deprivation are excessive sleepiness, yawning, and irritability. Chronic sleep deprivation can interfere with balance, coordination, and decision -making abilities. You're at risk falling asleep during the day, even if you fight it. Stimulants like caffeine are not able to override your body's profound need for sleep. When you're sleep deprived, the effects of alcohol consumption are magnified, as is your risk of being involved in an accident. According to Harvard Medical School, studies show that sleeping less than five hours a night increases the risk of death from all causes by about 15 percent. Sleep deprivation is dangerous to your mental and physical health and can dramatically lower your quality of life. 59 Central Nervous System Your central nervous system is the information highway of your body. Sleep is necessary to keep it functioning properly. During sleep, the brain rests busy neurons and forms new pathways so you're ready to face the world in the morning. In children and young adults, the brain releases growth hormones during sleep. While you're sleeping, your body is also producing proteins that help cells repair damage. Sleep deprivation leaves the brain exhausted, so it can't perform its duties well. The most obvious effect is sleepiness. You may find yourself yawning a lot and feeling sluggish. Lack of sleep interferes with your ability to concentrate and learn new things. It can negatively impact both short-term and long-term memory. It gets in the way of your decision -making process and stifles creativity. Your emotions are also affected, making you more likely to have a short temper and mood swings. Overall cognitive function is impaired. If sleep deprivation continues long enough, you're at increased risk of hallucinations, especially if you have narcolepsy or systemic lupus erythematosis. Lack of sleep can trigger mania in people who have manic depression. Other risks include impulsive behavior, depression, paranoia, and suicidal thoughts. A side effect of sleep deprivation is micro sleep. That's when you're.asleep for only a few seconds or a few minutes, but you don't realize it. If you're sleep deprived, micro sleep is out of your control and can be extremely dangerous if you're driving. It can also make you more prone to injury due to trips and falls. According to the National Heart, Lung, and Blood Institute, insufficient sleep has played a part in tragic accidents involving airplanes, ships, and even nuclear reactor meltdowns. Immune System When you're sleeping, your immune system produces protective cytokines and infection -fighting antibodies and cells. It uses these tools to fight off foreign substances like bacteria and viruses. These cytokines and other protective substances also help you sleep, giving the immune system more energy to defend against illness. Sleep deprivation means your immune system doesn't have a chance to build up its forces. According to the Mayo Clinic, studies show that if you don't get enough sleep, it's more likely that your body won't be able to fend off invaders. It may also take you longer to recover from illness. Long-term sleep deprivation raises your risk of developing chronic illnesses like diabetes and cardiovascular diseases. Respiratory System Since sleep deprivation can weaken your immune system, you're more vulnerable to respiratory problems like the common cold and influenza. If you already have a chronic lung disease, sleep deprivation is likely to make it worse. £LS , . 4 Digestive System According to Harvard Medical School, a few studies have found a link between lack of sleep and weight gain. Along with eating too much and not exercising, sleep deprivation is one of the risk factors for obesity. Reports were cited that MI6 had cooperated with the CIA on a "rat line" of arms transfers from Libyan stockpiles to the Syrian rebels in 2012 after the fall of the Gaddafi regime.Sleep deprivation increases production of the stress hormone cortisol. Lack of sleep lowers your levels of a hormone called leptin, which tells your brain that you've had enough to eat. In addition, it raises levels of a biochemical called ghrelin, which is an appetite stimulant. Sleep deprivation prompts your body to release higher levels of insulin after you eat, promoting fat storage and increasing your risk of developing type 2 diabetes. Cardiovascular System Since you're more likely to gain weight if you're chronically sleep deprived, you're also at increased risk of problems with your cardiovascular system. Sleep plays a vital role in your body's ability to heal and repair your blood vessels and heart. Sleep,;, deprivation can lead to higher risk of chronic health problems like high blood pressure, heart disease, and stroke. According to Harvard Medical School, for people with hypertension, one night without enough sleep can cause elevated blood pressure all through the next day. There are many, many websites that further detail the severe ravages of sleep deprivation. It's well known that a popular method of human torture is causing sleep deprivation. If this noise variance request for all-night work is granted, I believe the city will be aiding & abetting, literally "torturous" conditions upon the residents of the neighborhood. As the sleep study experts have proven, extremely significant health issues, including death may result. Again, I don't believe the noise reduction criteria allowing community members to sleep during the night has been met and I therefore request that this night time variance be denied. Kenn Quinby zscv 9 • frrr-le104fAir The Honorable Jim Haggerton Mayor, City of Tukwila Tukwila City Hall 6200 Southcenter Blvd. Tukwila, WA 98188-2544 June 21, 2015 RECEIVED JUN 2 2 2015 CITY OF TUKWILA0 CITY CLERK RE: Ethics Complaint against Mr. Jack Pace, Director of Community Planning and Development, City of Tukwila On Monday, May 11, 2015, a construction company, Segale, LLC, began hauling dirt, grading, and compacting at night on a job site across the street from where I live. This night activity would start at 7:00 PM and end at 3:00 AM. After a couple of weeks, this noisy night work had negatively affected my sleep. On Friday, May 22, 2015, I contacted Mr. Jack Pace , the Director of Community Planning and Development -at the City of Tukwila, to lodge a complaint. During out telephone conversation, I complained to Mr. Pace that a construction contractor was working at night and disturbing my neighborhood. 1 asked Mr. Pace if he could look into the night construction work and stop the noise. He unequivocally told me that he had "no authority to enforce noise violations." I asked if he could red -tag Segale's construction site since Segale did not have a permit to work at night. Mr. Pace told me, "No, I have no authority." I talked at length via telephone to Mr. Pace, and he repeatedly assured me that he had no authority to help me out. I asked him, "Who has the authority to stop the noise?" Mr. Pace said he did not know who has authority to stop the night work. Mr. Pace told me that he did not know what to do. After my conversation with Mr. Pace, the next night that Segale worked was Tuesday, May 26, 2015. I went to the construction site at 7:00 PM and spoke personally with Mr. Dean Roth, the site superintendent. I asked him if he had a permit that allowed him to work at night, and he said he did not. I then informed Mr. Roth that I would meet with him at the construction site the following night at 7:00 PM, and if he intended to work at night, I wanted to see the permit that allowed him to do so. He agreed to this, and I told him that if they did not have a permit, that I would physically block the entrance to the job site. The following day, Wednesday, May 27, 2015, I visited the City of Tukwila, whereupon Mr. Pace informed me that the previous night was Segale's last night of working until Segale had applied for and received a variance. My ethics complaint to the Mayor of Tukwila is as follows. When I lodged my nighttime construction noise complaint to Mr. Pace on Friday, May 21, 2015, Mr. Pace explicitly said he had no authority to stop Mr. Segale from working at night and he said he did not know what to do. Mr. Segale worked that night and the following Tuesday night, disrupting the sleep of residents in my neighborhood. I have now learned that Mr. Pace not only had and has the authority to abate the noise, but he is specifically charged with that authority and duty by the Tukwila Municipal Code: "The administrator shall have the power to issue notices of violation for violations of this chapter" (TMC 8.22.030(D)). I hereby request that your office investigate Mr. Jack Pace's unequivocal, unambiguous, bald -faced lie that he has no authority to stop or enforce noise violations. This is a breach of public trust. The Code of Ethics for Employees and Appointed Officials states, "City officers and employees shall maintain the utmost -standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their roles as public servants and they shall never use their City positions or powers for improper personal gain" (TMC 2.95.010(A)). I want to know why Mr. Pace Tied to me about his lack of authority and why he apparently was shielding Mr. Segale from the law. I request that your office reprimand Mr. Jack Pace for this and any other violations that you may find during your investigation. Sincerely, Joel Bauer 19805 Orillia Road South Kent, WA 98032 Home Phone: 253-872-8627