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HomeMy WebLinkAbout20110331.tiff ',71, 1s! ['' :'a I Y BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO [itii Jr:J 2b P I: 1! 3 IN THE MATTER OF THE APPLICATION OF ) DOCKET NO. L�NIQI EASIFIC RAILROAD COMPANY AND ) GREAT WESTERN RAILWAY OF ) COLORADO, L.L.C., FOR AUTHORITY TO ) APPLICATION OF CLOSE THE AT-GRADE CROSSING OF THE ) UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD COMPANY AT ) COMPANY AND GREAT 7TH STREET, GREELEY, COLORADO (U.S. ) WESTERN RAILWAY OF DOT #804-371 H) MILE POST 51.92 ON THE ) COLORADO, L.L.C. GREELEY SUBDIVISION AND ON GREAT ) WESTERN RAILWAY OF COLORADO, L.L.C. ) (U.S. DOT# 245-136R) MILE POST 98.72 OF ) THE GREELEY SUBDIVISION, BOTH IN THE ) CITY OF GREELEY, WELD COUNTY, ) COLORADO ) Union Pacific Railroad Company ("UPRR") and Great Western Railway of Colorado, L.L.C. ("GWRC") (jointly hereinafter"Joint Applicants") hereby apply to the Public Utilities Commission of the State of Colorado ("PUC") for an order authorizing the closure and abolition of the existing highway-railroad at-grade crossing at 7t" Street in Greeley, Colorado across both the UPRR (MP 51.92 of the Greeley Subdivision) and across the GWRC (MP 98.72 of the Greeley Line) in the City of Greeley, State of Colorado. In support of this Application, Joint Applicants state as follows: 1. Joint Applicant UPRR is a Delaware corporation with its principal office at 1400 Douglas Street, Omaha, Nebraska, 68179. UPRR's representative for the purposes of this application is: Ms. Kelly A. Abaray, Manager of Industry and Public Projects Union Pacific Railroad Company 1400 N. 52nd Street Denver, CO 80221 Phone: (303) 405-5039 1 L c : -41 pct-) 2011-0331 I = 1 I I I - a `is-H Fax: (402) 501-3160 E-mail: kaabaray{ UP.com 2. Joint Applicant Great Western Railway of Colorado, L.L.C. is a Colorado Limited Liability Company with their principal offices at 252 Clayton Street, 3rd Floor, Denver, Colorado, 80206. GWRC's representative for the purposes of this application is: Mr. Ken Rose Director Engineering & Environmental Services Great Western Railway of Colorado, L.L.C. 252 Clayton Street, 3' Floor Denver, CO 80206 Phone: (303) 398-4549 Fax: (866) 418-7390 E-mail: krose( omnitrax.com 3. Operating rules and procedures governing train movements on the UPRR track and GWRC track at the 7th Street crossing are prescribed in the General Code of Operating Rules, 6th Edition, Effective: November 16, 2009, as amended. 4. The average daily traffic ("ADT") for 7th Street at the location of the two crossings is 514 vehicles per day. This is based upon a 2008 traffic count. 5. Projected traffic counts for 7th Street at the two crossings are not available. 6. UPRR has three tracks at the UPRR crossing, one main line, one industry track and one yard track. Timetable speed for the existing UPRR tracks at the crossing is 20 MPH, as shown on Exhibit D. GWRC has two tracks at the GWRC crossing, one main line and one storage track. GWRC's maximum timetable speed on these tracks is 10 MPH, as shown on Exhibit E. 2 A very short storage distance exists between the UPRR and the GWRC tracks. The distance from the centerline of the western UPRR track to the center line of the eastern GWRC track is 63 feet. This is not enough space to accommodate a 74 foot vehicle. 7. The average trains per day across the UPRR track at the 7th Street are 15 trains per day. There are no projections for future traffic on the existing main line UPRR track. There are no passenger train movements on the UPRR tracks at the current time. The GWRC tracks are currently inactive and at this time there are no plans to resume service on these tracks. 8. The estimated cost of the crossing closures for the UPRR crossing is $20,000. The estimated cost of the closure on the GWRC crossing is $2,000. Costs of crossing closures shall be borne by UPRR and GWRC for their own trackage. The roadway work is a separate item for both crossings. The estimated cost of the roadway work for both crossings is $46,000, which cost shall be borne by the City of Greeley. 9. Currently there are flashers at the UPRR crossing at 7th Street, while there are cross bucks at the GWRC crossing at 7th Street. Located less than a tenth of a mile north and south of the 7th street crossings are two additional east- west crossings, 6th street and 8th street. 6th Street has flashers at the UPRR crossing and cross bucks at the GWRC crossing. 8th Street has gates and lights at the UPRR crossing and cross bucks at the GWRC crossing. 3 Traffic counts at the 6th and 8th Street crossings are as follows: 6th Street: 330 VPD (2008 count) 8th Street: 4399 VPD (2008 count) 10. There have been three known accidents at the UPRR crossing at 7th Street as shown on the Incident Reports attached hereto as Exhibit B. 11. There has been one known accident at the GWRC crossing at 7th Street as shown on the Incident Report attached hereto as Exhibit C. 12. Statement of the need for the abolition of the crossing for which approval is sought: Approval is sought to eliminate the crossings as they are redundant crossings and their elimination will not significantly affect access, emergency services or traffic flow in the City of Greeley. Currently there are eleven crossings in a one-and-a-half mile area in this corridor. 13. A plan/view of the closure work to be performed by the City of Greeley is attached as Exhibit H. 14. The following exhibits are attached hereto and made a part hereof: Exhibit A —Vicinity Maps Exhibit B — DOT Inventory sheet and accident reports for UPRR crossing Exhibit C - DOT Inventory sheet and accident report for GWRC crossing Exhibit D — UPRC Timetable No. 4 Exhibit E — GWRC Timetable No. 28 Exhibit F — List of Utilities Affected Exhibit G - List of Adjacent Property Owners 4 Exhibit H — Plan View City of Greeley closure work 15. Statement of why Grade Separation is not feasible: A grade separation at both locations is not practicable because both crossings will be closed as a result of this Application. 16. All applicable permits and notices to proceed will be obtained by UPRR prior to starting work. In compliance with PUC rules, Joint Applicants will post notice of the proposed closures at the crossings within fifteen (15) days of the filing of this Application and will serve the Commission with an affidavit confirming the posting of said notices. All work will be in accordance with the specification of the PUC and the standards set forth in the Manual of Uniform Traffic Control Devices. 17. Applicants anticipate starting construction within 30 days of the final PUC order and anticipate that construction will be complete 120 days of the Final PUC Order. 18. UPRR will also be responsible for overall supervision of construction on the projects to ensure compliance with the plans and specifications, including construction zone traffic control during the period of construction. If any approach signing is required, such will be the responsibility of the City of Greeley at each crossing. 19. After the closure is complete, maintenance of the remaining tracks and operating facilities shall continue to be the responsibility of the UPRR at the UPRR crossing and the responsibility of the GWRC at the GWRC crossing. 20. All public utilities affected by the changes to these crossings will be 5 provided for in separate understandings and agreements. Public utilities affected by the proposed improvements are none, however, addresses for utilities in the area are shown on the attached Exhibit "G". 21. The Road Authority affected by this Application is the City of Greeley. 22. Pursuant to Rule CCR 723-1-1303(b) (II), the Joint Applicants hereby agree to respond to all questions propounded by the Commission or its Staff concerning the Application. 23. If a hearing is held, the Joint Applicants prefer that it be held in Denver, Colorado. WHEREFORE, Joint Applicants, Union Pacific Railroad Company and Great Western Railway of Colorado, L.L.C. respectfully request that the Colorado Public Utilities Commission enter an Order authorizing the closures as described above of the UPRR crossing at 7th Street and the GW crossing at 7th Street, both in Greeley, Colorado. / DATED at Denver, Colorado, thisoV day of January, 2011. (-:- d ., KATHLEEN M. SNEAD, #9969 Attorney for Union Pacific Railroad Company '1331 Seventeenth Street, Suite 406 Denver, CO 80202 (303) 405-5407 • (303) 405-5413 (FAX) 6 DATED at Denver, Colorado, this IR day of January, 2011. GWR: GREAT WESTERN RAILWAY OF COLORADO, L.L.C., a Colorado limited liability company t By: _ z�. C,(1f r- Larry sh, CFO 252 Clayt n Street, 3'd Floor Denver, CO 80206 VERIFICATION STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The undersigned, being under oath, says that she has read the Application and has personal knowledge that the facts in it are true. FURTHER AFFIANT SAITH NOT. Done and signed thiso2i day of January, 2011. elly A. Abaray Manager Industry & Iic Projects Union Pacific Railroad Company 1400 West 52nd Avenue Denver, CO 80221 Phone: (303) 405-5039 Fax: (402) 501-3160 E-mail: kaabaray(a�UP.com SUBSCRIBED AND SWORN to before me thi0706c of January, 2011, by Kelly A. Abaray. Witness my hand and official seal. N ary Publi • i" My Commission expires: 3 -a6-1)/-, C 1 SHARON i ( N, E9RSTER RUSSEEI �; OF Op 8 VERIFICATION • STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The undersigned, being under oath, says that he has read the Application and has personal knowledge that the facts in it are true. Mr. Ken Rose Director of Engineering &Environmental Services Great Western Railway of Colorado, L.L.C. 252 Clayton Street, 3` Floor Denver, CO 80206 Phone: (303) 398-4549 Fax: (866)418-7390 Email: krose@omnitrax.com SUBSCRIBED AND SWORN to before me this�Vday of January, 2011, by Ken Rose. Witness my hand and official seal. '� 1 Notary Public,. __ JI` _..A �,�+i�^� r, My Commission expires: , /y, c/,.L t, z1 Y • del (SEAL) v: g -0MMIss0- I 9 CERTIFICATE OF SERVICE I hereby certify that the foregoing Joint Application of Union Pacific Railroad Company and Great Western Railway of Colorado was served via e-file, e-mail or deposited in the U.S. Mail, postage prepaid, thi � ;~ ay of January, 2011, addressed to the following: Railroad Coordinator Colorado Attorney General's Office Colorado Department of Transportation Regulatory Law Section Empire Park, 4201 East Arkansas 1525 Sherman St., 5'h Floor Denver, CO 80222 Denver, CO 80203 Union Colony Fire/Rescue Authority Rod Deroo ATTN: Dwayne McDonald Operations Manager Operations Chief Weld County Paramedic Services Greeley, CO 80631 Greeley, CO 80632 City of Greeley Public Works Weld County 1001 9`h Avenue P. O. Box 758 Greeley, CO 80631 Greeley, CO 80632 Xcel Energy Xcel Energy 5901 Sheridan Blvd 1500 6th Avenue Arvada, CO 80O03 Greeley, CO 80631 Qwest Communications Wiltel/Level 3 Communications 1600 Glenarm PI Rick Miller Denver, CO 80202 1025 Eldorado Blvd. Broomfield, CO 80021 Sprint— Nick Muller Newco, Inc. 8000 E. Quincy Avenue 619 6th Avenue Denver, CO 80237-2320 Greeley, CO 80631 Anderson Land Co., LLC Penta Greeley, LLC P. O. Box 392 1735 N. 1st Street, suite 285 Greeley, CO 80632 San Jose, CA 95112 D & D Bear Building, LLC Ms. Kelly A. Abaray 1410 28th Street Road Manager of Industry and Public Projects Greeley, CO 80631 Union Pacific Railroad Company 1400 West 52nd Ave Denver, CO 80221 Pat Black, General Manager Mr. Ken Rose Great Western Railway of Colorado, LLC Director Engineering & Environmental 1230 West Ash Street, Unit D Services Windsor, CO 80550 Great Western Railway of Colorado, L.L.C. 252 Clayton Street, 3` Floor Denver, CO 80206 Mr. Kurt R. Zalar Pamela Fischhaber Union Pacific Railroad Company Colorado Public Utilities Commission Superintendent of Transportation 1580 Logan Street, Office Level 3 1400 West 52nd Ave Denver, CO 80203 Denver, CO 80221 • UPRR GWRC PUC APPLICATION 711 Street-GREELEY CLOSURE 2011.01.17.doc BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF UNION DOCKET NO. 11A-059R PACIFIC RAILROAD COMPANY AND GREAT WESTERN RAILWAY OF COLORADO, L.L.C., FOR CERTIFICATE OF AUTHORITY TO CLOSE THE AT-GRADE CROSSING FILING OF AFFIDAVIT OF THE UNION PACIFIC RAILROAD COMPANY AT 7TH STREET, GREELEY, COLORADO (U.S. DOT#804- 371H) MILE POST 51.92 ON THE GREELEY SUBDIVISION AND ON GREAT WESTERN RAILWAY OF COLORADO, L.L.C. (U.S. DOT# 245-136R) MILE POST 98.72 OF THE GREELEY SUBDIVISION, BOTH IN THE CITY OF GREELEY, WELD COUNTY, COLORADO In compliance with PUC Rules, Union Pacific Railroad Company, through its undersigned attorney, hereby files its Certificate of Filing of the Affidavit of Posting of Notice of Closure of Crossing pursuant to Section C.C.R. 723-7-7208(C)(1)-(111). DATED at Denver, Colorado, this 9th day of February, 2011. Pt • c\)1/411-et----; KATI'ILEEN M. SNEAD, #9969 Attorney for Union Pacific Railroad Company 1331 Seventeenth Street, Suite 406 Denver, CO 80202 (303) 405-5407 (303) 405-5413 (FAX) kmsnead@up.com • L5\ , t'W �jjYr�mv.vt'�1�L�1�ti1 ,901/-' 03:2) 1 CERTIFICATE OF MAILING I hereby certify that the foregoing was served via e-file, e-mail or deposited in the U.S. Mail, postage prepaid, this 9th day of February, 2011, addressed to: Railroad Coordinator Colorado Attorney General's Office Colorado Department of Transportation Regulatory Law Section Empire Park, 4201 East Arkansas 1525 Sherman St., 5th Floor Denver, CO 80222 Denver, CO 80203 Union Colony Fire/Rescue Authority Rod Deroo ATTN: Dwayne McDonald Operations Manager Operations Chief Weld County Paramedic Services 919 7th Street, Suite 103 1121 M Street Greeley, CO 80631 Greeley, CO 80631 Joel Hemesath Weld County City of Greeley Public Works P. O. Box 758 1001 9'h Avenue Greeley, CO 80632 Greeley, CO 80631 Xcel Energy Xcel Energy 5901 Sheridan Blvd 1500 6th Avenue Arvada, CO 80003 Greeley, CO 80631 Qwest Communications Wiltel/Level 3 Communications 1600 Glenarm PI Rick Miller Denver, CO 80202 1025 Eldorado Blvd. Broomfield, CO 80021 Sprint— Nick Muller Newco, Inc. 8000 E. Quincy Avenue 619 6th Avenue Denver, CO 80237-2320 Greeley, CO 80631 Anderson Land Co., LLC Penta Greeley, LLC P. O. Box 392 1735 N. 1S' Street, suite 285 Greeley, CO 80632 San Jose, CA 95112 D & D Bear Building, LLC Ms. Kelly A. Abaray 1410 28th Street Road Manager of Industry and Public Projects Greeley, CO 80631 Union Pacific Railroad Company 1400 West 52nd Ave Denver, CO 80221 Pat Black, General Manager Mr. Ken Rose, Director Engineering & Great Western Railway of Colorado, LLC Environmental Services 1230 West Ash Street, Unit D Great Western Railway of Colorado, L.L.C. Windsor, CO 80550 252 Clayton Street, 3` Floor Denver, CO 80206 Mr Kurt R. Zalar Pamela Fischhaber Union Pacific Railroad Company Colorado Public Utilities Commission . Superintendent of Transportation 1580 Logan Street, Office Level 3' 1400 West 52nd Ave Denver, CO 80203 Denver, CO 80221 BEFORE.THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO • IN THE.MATTER•QF THE APPLICATION,OF UNION DOCKET T.NO. 11.A-059R PACIFIC RAILROAD COMPANY AND GREAT. WESTERN RAILWAY OF COLORADO; L.L.C.%FOR 'AFFIDAVit OF POSTING AUTHORITY TO CLOSE THE AT-GRADE CROSSING- OF:N'OTICE OF CLOSURE OF THE UNION PACIFIC RAILROAD.COMPANY AT 7TH OF:CROSSING: STREET,GREELEY4 COLORADO(U. DOT#804 371 H)MILE POST 51:92 ON THE GREELEY SUBDIVISION AND ON GREAT WESTERN RAILWAY OF COLORADO, L.L.O. (U.S: DOT#245.136R)MILE POST-94.72 OF THE.GREELEY SUBDIVISION,BOTH IN THE CITY OF I3REELEY..1 l LD COUNTY;.COLORADO I,Kelly A.Abaray, being first duly sworn,:-state that I am the Manager of Industry and Public Projects for the Union Pacific Railroad Company with offices at.Deriver, Colorado,and that on Wednesday, F.ebruary 912011 caused.:a notice.to 6,e posted at both tides of the trackage at the crossing in the format shown as Exhibit"A."' Photographs showing the notice posted at the crossing are attached.as Exh.Ibit::""B'.'..t further state and affirm that the notice was completed in the following manner; Crossing Closure will be on or after March 10, 2011 US DOT National Crossing.Inventory: 804371H .Location of.7th Street, Greeley, Colorado Docket'# I1A=059R' Last date of filing intervention/objections is on March"i0,2011 • • DATED at Denver, Colorado,this q day of February, 2011. • ICE LY A: ; ,RA Manager of dustry and Pub` roject Union Pacific Railroad Corn any 1400 N. 52n4 Street. Denver, CO 80221 Phone; (303)405-5039 Fax: (402) 5013160 E-mail: kaabaray@UP.com STATE OF COLORADO ) - ) ss. CITY AND COUNTi/OF DENVER ) SUBSCRIBED AND SWORN to before me this !./"`''day of February, 2011. My Commission expires: 3 " `Db ilf' WITNESS my hand and official seal. -srq01114/4941)'• f SHARON ; LPUbC '1 iF0RSTER RUSSELL. �i 11�9T 4F ��C ,�Q; � NOTICE OF PROPOSED CLOSING Of THIS CROSSING Application to close this crossing has been filed with the Colorado Public Utilities Commission. 1560 Broadway, Suite 250 , Denver, CO 80202 Crossing Closure wilt be on or after: US DOT National Crossing Inventory.: Location of: Docket Any Party has the right to file written interventions or objections with Commission at the address above. 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