VI. Assignment of Proceeding

Dian M. Grueneich is the Assigned Commissioner and Bertram D. Patrick is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. Notice of the Application was published in the Commission's Daily Calendar on June 16, 2005. UP filed its protest on July 14, 2005. County and UP have stipulated to the entry of this final order. UP has withdrawn its protest. A public hearing is not necessary.

2. County requests authority under Pub. Util. Code §§ 1201-1205 to construct a grade-separated overhead crossing at Seventh Standard Road over the tracks of UP's Fresno-Bakersfield Main Line in Kern County.

3. The Seventh Standard Road grade-separated overhead crossing will improve traffic circulation and reduce traffic impacts from rail freight traffic between Fresno and Bakersfield.

4. This grade-separated overhead crossing is required to carry vehicular traffic over the heavily used UP railroad freight line.

5. Public convenience, necessity, and safety require construction of the proposed grade-separated overhead crossing.

6. Upon completion of the Seventh Standard Road overhead crossing and its opening to vehicular traffic, the existing at-grade crossing will be closed. Specifically, barricades should be installed on both sides of the existing crossing and pavement should be removed on the approaches to and between the existing tracks.

7. County is the lead agency for this project under CEQA.

8. The Commission is a responsible agency for this project under CEQA, and has reviewed and considered the lead agency's exemption determination.

Conclusions of Law

9. The Application is uncontested and a public hearing is not necessary.

10. County has met the requirements of Pub. Util. Code §§ 1201-1205.

11. County's Application meets the filing requirements of the Commission's Rules of Practice and Procedures.

12. Grade separation projects, such as this, which eliminate existing at-grade crossings, are exempt from the requirements of CEQA pursuant to PR Code Section 21080.13 and CEQA Guidelines Section 15282(h).

13. The application should be granted as set forth in the following final order.

ORDER

IT IS ORDERED that:

14. County of Kern (County), in cooperation with the Greater Bakersfield Separation of Grade District, is authorized to construct at Seventh Standard Road a grade-separated overhead crossing over the tracks of Union Pacific Railroad Company's (UP) Fresno-Bakersfield Main Line in Kern County, at the location and substantially as shown by plans attached to this order as Appendix A. It shall be identified as Crossing 001B-305.90-A.

15. Upon completion of the overhead crossing and its opening to vehicular traffic, the existing Seventh Standard Road at-grade Crossing 001B-305.90 shall be closed by barricades, and pavement on the approaches to and between the tracks shall be physically removed.

16. Clearances shall be in accordance with General Order (GO) 26-D; except that during the period of construction, a clearance of not less than 21 feet 0 inch above the top of rail shall be authorized and UP shall be authorized to operate with such reduced overhead clearance provided that instructions are issued by the railroad and filed with the Commission's Consumer Protection and Safety Division forbidding employees to ride on tops of cars beneath the structure.

17. County shall notify the Commission's Consumer Protection and Safety Division and UP at least 15, but not more than 30, days in advance of the date when the temporary impaired overhead clearance will be created.

18. Walkways shall conform to GO 118. Walkways adjacent to any trackage subject to rail operations shall be maintained free of obstructions and shall be promptly restored to their original condition in the event of damage during construction.

19. Construction and maintenance costs shall be borne by County and UP in accordance with the Public Highway Overpass Agreement signed by the parties, a copy of which shall be filed with the Commission's Consumer Protection and Safety Division prior to commencing construction.

20. Final construction drawings, approved by UP, shall be filed with the Commission's Consumer Protection and Safety Division, Rail Crossings Engineering Section, prior to commencing construction. Such final construction drawings shall be in substantial conformity with the plans attached as Appendix A to this decision.

21. Within 30 days after completion of the work under this order, County shall notify the Commission's Consumer Protection and Safety Division, Rail Crossings Engineering Section, in writing that the authorized work has been completed.

22. Upon completion of the project, County shall maintain the overhead structure, including all approaches thereto, roadway pavement, roadway drainage, landscaping, if any, lighting, and all other roadway facilities. UP at its expense shall maintain its tracks, roadbed, railroad drainage, and all other railroad facilities.

23. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity or safety so requires.

24. Application 05-06-023 is closed.

This order is effective today.

Dated February 16, 2006, at San Francisco, California.

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