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Setember 9, 2014 Mr. Brad Dausett Roads Manager Municipality of Strathroy-Caradoc 52 Frank Street Strathroy, ON N7G 2R4 RE: Rehabilitation of the Sydenham River Bridges and Hickory Drive Overpasses on Highway 402,
Middlesex County Detail Design and Class Environmental Assessment Study (G.W.P. 3075-11-00) Application for Exemption to the Municipality of Strathroy-Caradoc’s By-law No. 44-13
Dear Mr. Dausett,
The Ontario Ministry of Transportation (MTO) has retained MMM Group Limited to undertake the Detail Design and Class Environmental Assessment Study for the rehabilitation of the Sydenham River Bridges and the Hickory Drive Overpasses on Highway 402, in Middlesex County.
The purpose of this letter is to request that the Municipality of Strathroy-Caradoc grant a Noise By-law exemption for the night construction work associated with the rehabilitation of the Highway 402 Sydenham River Bridges and the Hickory Drive Overpasses. Please see enclosed for a copy of the exemption application form and a map of the location of the bridge structures. Night construction work is required to reduce disruption to normal traffic movement on Highway 402 during the rehabilitation work and to minimize the duration of construction. As such, we are seeking exemption from the following:
Bylaw No. 44-13, a by-law to prohibit and regulate noise within the Municipality of Strathroy-Caradoc:
1. No person, including a corporation, shall within the Municipality of Strathroy-Caradoc, make, create, cause or permit to be made noises, including noise from an animal under the care of a person or corporation, likely to disturb the inhabitants, except as permitted by Section 2.
The Municipality of Strathroy-Caradoc will be notified of the start of construction. Construction timing for the bridge rehabilitations is tentatively scheduled for May 2015 to November 2016, subject to the completion of the Detail Design Study and funding commitments.
The scope of work anticipated for the rehabilitation of the Highway 402 Sydenham River Bridges and the Hickory Drive Overpasses includes: removal of the expansion joints and conversion to semi-integral deck ends, including replacement of the ballast walls and approach slabs; replacement of the concrete barrier walls; minor concrete patching; and replacement of waterproofing and asphalt.
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To facilitate the rehabilitation of the Highway 402 Sydenham River Bridges and Hickory Drive Overpasses, short-term full closures of approximately 15 minutes will also be required for bridge jacking to raise and lower the structures to replace the bearings.
Rehabilitation of the Hickory Drive Overpasses will be completed in two construction stages. A single lane of traffic will be maintained on each bridge during construction. In the second stage, the access ramps from Highway 402 to Hickory Drive along with the Hickory Drive to eastbound Highway 402 will be closed for approximately four months for construction. Detours will be established to the Centre Road interchange.
Rehabilitation of the Sydenham River Bridges will be completed using two construction stages. A single lane of traffic will be maintained on each bridge during construction.
To minimize nuisance from construction activities to adjacent homeowners, the contractor will be required to apply standard mitigation meaures to minimize these impacts. To reduce noise impacts during construction, the contractor will ensure the idling of construction equipment is kept to a minimum. If construction noise complaints arise during construction, they will be investigated according to the provisions of the MTO Noise Guide. Standard mitigation measures will also be implemented for dust control during construction, and steps will be taken as necessary to control dust resulting from the construction works such that it does not affect traffic, enter surface waters, or escape beyond the right-of-way to cause a nuisance to residents, businesses, or utilities. To reduce light nuisance during construction to adjacent home owners, lighting will be restricted to construction areas.
Notice of Study Commencement letters for this project were sent to the local MPP on July 11, 2014 and to First Nations and Métis communities, municipalities, emergency service providers, agencies, and potentially interested stakeholders on July 18, 2014. Adjacent property owners in the postal code N7G were notified through Canada Post bulk mail on July 18, 2014.
The above exemption is required for the duration of construction in order to reduce overall disruption of the project and to meet the project schedule. Therefore, the term of the exemption being requested is from May 2015 to November 2016.
Please note a cheque payment in the amount of $75.00 has been forwarded to your attention, please confirm payment upon receipt. Given the project is scheduled to proceed to construction next year, we respectfully request a timely response.
If you require any additional information, please feel free to contact the undersigned at 519-743-8777 ext. 2234, toll-free 1-866-741-8850 or by email at [email protected].
Yours truly, MMM Group Limited
Dan Green, P. Eng. Consultant Project Manager
Attach. cc: Angela Toth, Municipality of Strathroy-Caradoc, Director of Corporate Services / Clerk
Danuta Mahabir, MTO, Project Engineer Heather Mitchell, MTO, Environmental Planner
Greg Moore, MMM Group, Consultant Environmental Planner
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Bylaw 44-13 to amend Noise Control Bylaw 30-13
Appendix ‘A’ to Application for Temporary Noise Permit
Application for a Temporary Noise Permit 1. (1) Any person may submit an application for a temporary noise permit as defined in Section 2 subsection
(c) of the Noise Control Bylaw (Bylaw). (2) The application in subsection (1) shall be made in writing to the Director of Corporate Services of the
Municipality of Strathroy-Caradoc (Director), and shall contain all of the following: (a) The name, address and telephone number(s) of the applicant; (b) A description of the event; (c) the location of the event or activity for which the temporary noise permit is sought; (d) A description of the source of sound and level of sound for which the temporary noise permit is
sought; (e) The times of day, and the period of time for which the temporary noise permit is sought; (f) The reasons why the temporary noise permit should be granted; (g) A site plan and layout for the location of the event, including the location of the band/DJ, the
location of the stage, proximity to neighbours, etc; (h) Name(s) and contact information of the supervisor(s) for the event; (i) a statement of the steps, if any, planned or presently being taken to minimize the noise or
sound; (j) Steps taken to notify neighbours within a minimum of 120 meters (required distance may
increase as determined by Council); (k) A copy of licenses/permits issued by Alcohol & Gaming Commission of Ontario, if applicable. (l) PAYMENT OF APPLICATION FEE.
(3) In making a recommendation to Council the Director, in consultation with enforcement staff and police,
shall: (a) Determine whether the event falls within the criteria of Section 2 (c) of the Bylaw; (b) Consider any negative effects the issuance of the temporary noise permit may have on
neighbouring properties or on the Municipality; (c) Consider any benefits the issuance of the temporary noise permit may have for neighbouring
properties or for the Municipality; (d) Consider any previous violations of the Noise Bylaw or temporary noise permit conditions by the
applicant; and (e) Consider anything the Council or Director reasonably considers relevant.
(4) The Director, in consultation with enforcement staff and police, shall recommend imposing conditions on
a temporary noise permit, including but not limited to: (a) The type and volume of sounds that may be made; (b) The times during which sounds may be made; (c) The date of expiry of the temporary noise permit; (d) Applicant notifying neighbours within a specified range of the property of the event; (e) Applicant shall comply with any officer of the Police Service or a ByLaw Enforcement Officer
with respect to the volume of sound to ensure sounds are at a reasonable level. 2. When Council has made a decision whether or not to grant a Temporary Noise Permit, the Director shall
give written notice of that decision to the applicant by regular mail to the last known address of that person. The written notice shall:
(a) Set out the grounds for the decision; and (b) Be signed by the Director of Corporate Services.