Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of A.03-07-012 in the Commission Daily Calendar on July 15, 2003. There are no unresolved matters or protests; a public hearing is not necessary.

2. Caltrans requests authority, under Public Utilities Code Sections 1201-1205, to construct a new freeway under the existing Muscoy Underpass, which crosses under the tracks of the UPRR, on State Route 210 in San Bernardino County.

3. Public convenience, necessity, and safety require the construction of a new freeway under the existing Muscoy Underpass.

4. Caltrans, in cooperation with FHWA, is the lead agency for this project under CEQA, as amended.

5. In approving the project on September 20, 1996, the FHWA, in its Record of Decision, concluded that the Freeway Alternative for the SR-30 Improvement Project in Los Angeles and San Bernardino Counties is the environmentally preferable alternative that will meet the needs of the project. Mitigation measures were made a condition of the approval of the project.

6. The Commission finds that the FHWA Record of Decision for the project is adequate for our decision-making purposes.

7. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Record of Decision.

8. Safety, transportation and noise are within the scope of the Commission's permitting process.

9. For the approved project, the lead agency identified environmental impacts related to safety, transportation, and noise.

Conclusions of Law

1. With respect to significant environmental impacts from safety, transportation, and noise, we conclude that the lead agency adopted feasible mitigation measures to eliminate or substantially lessen the impacts to a less-than-significant level. We adopt the findings and mitigation measures in the FHWA's Record of Decision for purpose of our approval.

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

ORDER

IT IS ORDERED that:

1. State of California, Department of Transportation (Caltrans), in cooperation with San Bernardino Associated Governments (SANBAG), is authorized to construct a new freeway under the existing Muscoy Underpass, a grade-separated highway-rail crossing, on State Route 210 under Union Pacific Railroad Company's (UPRR) main line tracks in San Bernardino County, at the location and substantially as described and shown by plans attached to the Application and Appendix A attached to this order, identified as CPUC Crossing No. BB-487.10-B.

2. Clearances shall conform to Commission General Order (GO) 26-D.

3. Walkways shall conform to GO 118. Caltrans, in cooperation with SANBAG and UPRR, shall maintain walkways adjacent to any trackage subject to rail operations free of obstructions and shall promptly restore walkways to their original condition in the event of damage during construction.

4. Caltrans, in cooperation with SANBAG and UPRR (parties), shall bear construction and maintenance costs in accordance with an agreement into which the parties have entered. Caltrans shall file a copy of the agreement with the Rail Crossings Engineering Section (RCES) prior to construction. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.

5. UPRR shall provide flagging upon 30 days' written request by Caltrans. Caltrans shall reimburse UPRR for all flagging costs.

6. Within 30 days after completion of the work under this order, UPRR shall notify RCES in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work.

7. This authorization shall expire if not exercised within three years unless the Commission extends the time or if the parties do not comply with the above conditions. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

8. The Commission grants the Application as set forth above.

9. Application 03-07-012 is closed.

This order becomes effective 30 days from today.

Dated December 18, 2003, at San Francisco, California.

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