STATE OF CALIFORNIA, PETE WILSON, Governor
May 12, 1998
RE: Variance Request #76 - Allow for construction seven days a week between 7 a.m. and 7 p.m. at the Interstate 105/110 (I-105/110) directional drill sites and 24-hour construction during the pull back operation (Segment 4).
Dear Mr. Shauers:
We have reviewed the above-referenced request and approve a modified version of your request (no nighttime construction on Saturday and no Sunday construction allowed), based on the following factors:
- All applicable mitigation measures for the project shall be implemented at the subject locations.
- As approved by the City of Los Angeles Police Commission, nighttime construction shall be allowed from 9:00 p.m. to 7:00 a.m., Monday through Friday.
- In accordance with Mitigation Measure N-1, construction shall be allowed from 7:00 a.m. to 7:00 p.m. on Saturdays.
- As proposed, nighttime construction shall only be allowed during the directional drill pull back operation. If prior to pull back, the directional drill becomes stuck, the CPUC Lead Environmental Monitor shall be consulted to determine if the situation constitutes an "emergency" and warrants 24-hour construction, as allowed by the City of Los Angeles Police Commission.
- The following conditions of the City of Los Angeles Police Commission approval shall be implemented:
. The variance will be withdrawn if the noise level reaches a point where substantial community complaints are registered with the Department.
. The variance will be withdrawn if noise from construction exceeds the ambient noise level on the premises of any other occupied property, including a condominium, apartment house, duplex, hotel, or attached business, by more than five (5) decibels between the hours of 9:00 p.m. and 7:00 a.m., Monday through Friday.
. The variance is to be restricted only to the installation of pipeline.
. The Noise Enforcement Team, will conduct periodic on-site investigations to ensure adherence to all of the conditions set forth in the variance.
- All residences within 300 feet of directional drill activities shall be notified of the proposed nighttime construction, Monday through Friday, prior to the commencement of such construction. All noise complaints received shall be filed immediately with the City of Los Angeles Police Commission and CPUC Lead Environmental Monitor for consideration. Failure to file any noise complaints shall result in the immediate cessation of construction as granted under this variance approval.
- Implementation of this variance in accordance with the provisions noted above shall be verified on a random basis by a CPUC/ANF Environmental Monitor.
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