Environmental Review and CEQA Compliance

The California Environmental Quality Act of 1970 (CEQA, as amended, in 1982) as stated in Public Resources Code Section 21000 et seq. applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision-makers and the public about potential, significant environmental effects of the proposed activities. The Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission must modify D.11-05-014, which authorized the project pursuant to Section 1202 of the Public Utilities Code); therefore, the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA.

ACE is the lead agency for this project under CEQA. The Commission is a responsible agency for this project under CEQA. CEQA requires that the Commission consider that portion of the environmental consequences of a project within its area of expertise that is subject to its discretionary approval.

In the original Commission decision authorizing this project, the Commission reviewed and considered the Construction of the San Gabriel Trench Grade Separation Project, Final Environmental Impact Report (FEIR)/Finding of No Significant Impact (FONSI), Notice of Determination (NOD) and Statement of Overriding Considerations (SOC) adopted by ACE, and found them adequate for our decision-making purposes.

The Petition for Modification is silent regarding the application of CEQA or National Environmental Policy Act (NEPA) to the revised project, but ACE clarified after being contacted by Commission staff that the project is within the scope of the original decision and the proposed modifications to mitigate the issues identified during preparation of contract documents are minor; staff concurs. The determination that the proposed changes to the project are within the scope of the original decision obtained pursuant to CEQA and NEPA appears reasonable and we will adopt it for our decision-making purposes.

Filing Requirements and Staff Recommendation

The application is in compliance with the Commission's filing requirements.

The Commission's Rail Crossings Engineering Section reviewed and analyzed the plans submitted with the Petition to Modify and recommends that the Commission grant ACE's request.

Waiver of Comment Period

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.

Assignment of Proceeding

Michelle Cooke is the assigned Examiner in this proceeding.

Findings of Fact

1. The Petition for Modification of D.11-05-014 was published in the Commission's Daily Calendar on September 9, 2011.

2. ACE's Petition to Modify requests authority to modify the design approved by D.11-05-014 to the Ramona Avenue crossing CPUC Crossing No. 001B-490.20 and DOT No. 746879A, Mission Road, CPUC Crossing No. 001B-490.30 and DOT No.746880U Del Mar Avenue, CPUC Crossing No. 001B-490.70-A and DOT No. 746882H and San Gabriel Boulevard, CPUC Crossing No. 001B-491.20-A and DOT No. 746883P. ACE also provided additional information of renaming the Walnut Grove Avenue, CPUC Crossing No. 001B-491.60 and DOT No. 746884W construction stages to clarify.

3. The Petition for Modification is silent regarding the application of CEQA or NEPA to the revised project, but ACE clarified in response to questions that the project is within the scope of the original environmental documents. The determination that the proposed changes to the project are within the scope of the original environmental approvals obtained pursuant to CEQA and NEPA appears reasonable and we will adopt it for our decision-making purposes.

Conclusion of Law

ORDER

IT IS ORDERED that Decision 11-05-014 shall be modified as follows:

1. The Alameda Corridor-East Construction Authority is authorized to construct its San Gabriel Trench Project that will grade-separate the existing Ramona Street, Mission Road, Del Mar Avenue and San Gabriel Boulevard at-grade crossings, identified as CPUC Crossing No. 001B-490.20 and DOT No. 746879A; CPUC Crossing No. 001B-490.30 and DOT No. 746880U; CPUC Crossing No. 001B-490.70 and DOT No. 746882H; and CPUC No. 001B-491.20 and DOT No. 746883P, as described in the Petition to Modify and summarized below.

2. The Alameda Corridor-East Construction Authority and Union Pacific Railroad Company's shall comply with all applicable rules, including Commission General Orders and the California Manual on Uniform Traffic Control Devices, published by the California Department of Transportation.

3. Within 30 days after completion of the work under this order, the Alameda Corridor-East Construction Authority shall notify the Commission's Rail Crossings Engineering Section by submitting a completed Commission Standard Form G titled Report of Changes at Highway Grade Crossings and Separations.

4. Within 30 days after completion of the work under this order, the Union Pacific Railroad Company shall notify the Federal Railroad Administration of the closure of the at-grade crossings and existence of the grade separation crossing structures by submitting a revised U.S.DOT CROSSING INVENTORY FORM, form FRA F6180.71, for the closures, and a new U.S.DOT CROSSING INVENTORY FORM for each new grade-separation structure.

5. In all other respects, Decision 11-05-014 shall remain in full force and effect.

6. The Petition for Modification is granted as set forth above.

7. Application 10-08-021 is closed.

8. This order becomes effective 30 days from today.

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