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All fill material shall be inspected and approved by the geotechnical engineer prior to the material arriving on site. All imported fill material received from other than a commercial borrow site shall be accompanied by a clean soil questionnaire stating that the material is free of hazardous wastes. Recycled concrete shall not be used.

(1) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation and unsuitable soil and material such as concrete rubble, topsoil, tree stumps, and brush. Where slopes receiving fill are steeper than five horizontal to one vertical, the fill material shall be benched into sound bedrock.

(2) Fill Material. Fill shall be “clean” and free of contaminants pursuant to Chapters 173-204 and 173-340 WAC or fill shall be obtained from a Washington State Department of Ecology approved site. Only earth materials which have no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be used. All on-site materials used as fill on the site shall conform to the specifications identified in the approved soils report.

(3) Compaction. All fill material shall be compacted to a firm and unyielding condition to a density of 95 percent of maximum density per ASTM D-1557, modified proctor.

(4) Special Criteria for Fill Activity during Expanded Work Hours. Any application to allow the unloading of fill material during expanded work hours as provided for in Chapter 8.20 CMC, Noise Control, must address the following:

(a) Any proposed nighttime unloading of fill material associated with an approved DNR surface mining reclamation permit shall be supported by a noise assessment, prepared by a qualified independent noise consultant, to evaluate and address potential noise impacts on surrounding residential uses and critical areas from that activity. The noise assessment should address at a minimum the following:

(i) Provide a summary of all noise regulations that would apply to the potential nighttime fill activities (i.e., City, County, State).

(ii) Provide a detailed description of the activities the applicant plans to conduct during the expanded work hours including time of day, specific equipment to be used (model numbers and power level data), and specific noise abatement technologies to be used (model numbers and vendor guaranteed attenuation data).

(iii) Conduct baseline noise monitoring, for at least a 24-hour period, at sensitive receiver locations (residences, open areas where wildlife could be impacted, and any other locations of concern).

(iv) Conduct computer noise modeling (using CADnaA or other noise modeling software) to demonstrate quantitatively that the noise levels at sensitive receivers (residences and wildlife areas) will not exceed specified decibel limits during daytime and nighttime operations.

(v) Chapter 8.20 CMC does not provide specific decibel limits; therefore, the noise assessment should refer to WAC 173-60-040 for maximum permissible environmental noise levels. The applicant shall implement noise reduction measures to the extent feasible to ensure compliance.

(b) Noise levels shall comply with Chapter 173-60 WAC. The City may condition any expanded work hour permit approval to require the applicant to ensure that noise levels are monitored by a technician with the qualifications contained in Chapter 173-58 WAC, or acceptable qualifications as determined by the City, using instruments that meet the qualifications of Chapter 173-58 WAC, at the property boundaries. Noise monitoring reports shall be provided to the City at least weekly or more frequently if the City determines more frequent monitoring is necessary. If the noise levels exceed the levels permitted by Chapter 173-60 WAC, the City may take any enforcement measures necessary to ensure compliance with Chapter 173-60 WAC.

(c) Lighting. All lighting shall be limited to the lowest intensity that allows the permitted activity to be carried out in a safe manner. The lights shall be shielded and directed so that illumination affects only the premises of the site and does not result in glare outside of the permit site.

(d) Vehicle Preparation. All vehicles leaving the site shall comply with RCW 46.61.655 (escape of load materials and cleaning of vehicles).

(e) Dust Control. The applicant shall obtain all required preconstruction approval permits from the Puget Sound Clean Air Agency and shall comply with all of the requirements of the Puget Sound Clean Air Agency. In addition, the City may require methods of dust control, such as water trucks or sprinklers, that will mitigate the dust from the site.

(f) Contact. The applicant shall visibly post his or her name, address and phone number or the name, address, and phone number of a designated person whom the public can contact during the expanded work hours, to report complaints or violations. The applicant’s designated person must be available during the expanded work hours to answer the phone and if necessary visit the site to address any reported complaints or violations. (Ord. 04-19 § 2 (Exh. B); Ord. 08-13 § 1 (Exh. A))