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202 Edwards SW Copy 102313�0 ic THE A YELM WASHINGTON October 23, 2013 Carol Mastan 202 Edwards St SW, #20 Yelm, WA 98597 Ms. Mastan, City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 This letter is in response to your Citizens Action Report regarding potential violations of noise standards. The complaint specifically alleges that the City's water line replacement project and Harding Green's are in violation of a number of City Code's related to noise and construction. Pape & Son's Construction If construction began that caused vibrations outside the street right of way before 7:00 AM occurred, it would have been in violation of Section 17.57.040 (G) YMC. Nothing in the code, however, prohibits mobilization or construction activity which does not produce vibrations from occurring before 7:00 A.M. or after 6:00 P.M. Section WAC 173 -60 -050 (3)(a) WAC specifically exempts sounds from temporary construction activity except between 10:00 P.M. and 6:00 P.M. IF the receiving property is a Class A environmental designation for noise abatement. The Rainier Apartments are in a commercial zoning district and considered a Class B EDNA. There were no violations reported by the City inspector, including any violations of unsafe work environment, during the construction project, which is now nearing completion. Harding Green's Regarding noise from trucks, Section 173 -60 -050 (4)(1) exempts sounds created by motor vehicles when operated on private property except when such sounds are received in a Class A EDNA. Rainier Apartments is not a Class A EDNA. Regarding noise from the compressor and generator, the City conducted a noise study of the facility in 2003 after a complaint. The report, conducted by a certified (360) 458 -3244 (360) 458 -4348 FAX www.d.yelm.wa.us professional, noted that the maximum noise generated by Harding Green's was 50 dBA, when the compressor was running. This complies with the maximum allowed noise between properties in a commercial zoning district in Section 173 -60 -040 WAC, which establishes a maximum noise limitation of 60 dBA during the day and 50 dBA between 10:00 P.M. and 7:00 A. M. I have attached the report and response to the complaint from 2003 for your records. Sincerely, �7 Gary Carlson, Building Official Community Development Department