Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. Notice of the application was published in the Commission Daily Calendar on February 4, 2002. There are no unresolved matters or protests; a public hearing is not necessary.

2. ACE requests authority to eliminate the existing at-grade crossing at Nogales Street over the tracks of UP's Alhambra Subdivision (Mainline B), and to construct a grade-separated underpass at its current location, in the City of Industry, Los Angeles County.

3. Construction of the proposed project is an essential element in the construction of the Alameda Corridor - East Project. The project is required in order to connect the Ports of Long Beach and Los Angeles to the transcontinental rail network, allowing safer, faster and more efficient rail shipment of internationally traded goods from the Ports to the transcontinental rail yards east of downtown Los Angeles. The benefits of the project include the complete elimination of the hazard of train-vehicle collisions and motor traffic delays due to train movements.

4. Public convenience, safety and necessity require the construction of the grade-separated crossing.

5. Public convenience and railroad operations require that construction of the project be undertaken in stages, which will include the construction of temporary shoofly tracks northerly of the mainline tracks so that existing rail traffic is not affected, and a temporary at-grade crossing at a detour to be constructed approximately 100 feet east of Nogales Street to divert vehicular traffic away from the construction area.

6. Public safety requires that the warning devices at the temporary detour at-grade crossing shall be two Standard No. 9s (flashing light signals with automatic gates) and two Standard No. 9-As (a Standard No. 9 with additional flashing lights on cantilevered mast arm), as described in GO 75-C.

7. ACE is the lead agency for this project under CEQA, as amended.

8. ACE has issued a Negative Declaration for the project, and the FHWA has issued a FONSI. Furthermore, the project is statutorily exempt from CEQA review under Section 21080.13 of the PR Code, which exempts from CEQA "Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation."

9. The Commission is a responsible agency for this project, and has reviewed ACE's Negative Declaration and FHWA's FONSI.

10. We find that ACE's environmental documents are adequate for our decision-making purposes and that ACE reasonably concluded the project will not result in significant effects on the environment.

Conclusions of Law

1. There are no unresolved matters or protests; a public hearing is not necessary.

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

ORDER

IT IS ORDERED that:

1. Alameda Corridor - East Construction Authority (ACE) is authorized to eliminate the existing at-grade crossing at Nogales Street over the tracks of Union Pacific Railroad Company's (UP) Alhambra Subdivision (Mainline B), and to construct a grade-separated underpass at its existing location, in the City of Industry, Los Angeles County, at the location and substantially as shown by plans attached to the Application and Appendix A of this order, identified as Crossings B-504.85-B.

2. During the period of construction, ACE is authorized to construct temporary shoofly tracks northerly of the mainline tracks, and a temporary at-grade crossing at the detour to be constructed approximately 100 feet to the east of Nogales Street. The temporary detour at-grade crossing shall be identified as B-504.87. Upon completion of underpass grade separation and its opening to vehicular traffic, the existing at-grade crossing of Nogales Street (Crossing B-504.80) and the proposed temporary at-grade crossing at the detour road (Crossing B-504.87), shall be closed and physically removed.

3. Clearances shall be in accordance with General Order (GO) 26-D. Walkways shall conform to GO 118.

4. Due to the fact that the proposed Nogales Street crossing will be grade-separated, warning devices are not needed.

5. Warning devices at the temporary detour at-grade crossing shall be two Standard No. 9s (flashing light signals with automatic gates) and two Standard No. 9-As (a Standard No. 9 with additional flashing lights on cantilevered mast arm), as described in GO 75-C.

6. Construction and maintenance costs shall be borne in accordance with an agreement, which has been entered into between ACE, UP, and the City of Industry. A copy of the agreement shall be filed with the Commission prior to starting construction.

7. Within 30 days after completion of the work under this order, ACE shall notify the Commission's Rail Crossings Engineering Section in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), that the authorized work was completed.

8. 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 require.

9. The application is granted as set forth above.

10. Application 02-01-038 is closed.

This order becomes effective 30 days from today.

Dated November 7, 2002, at San Francisco, California.

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