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Home My WebLink About20011162.tiff BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO 1..:_ Docket No. 01A-167R �}11!' + APR 2 rn 9: 25 IN THE MATTER OF THE COLORADO DEPARTMENT OF TRANSPORTAfiE14961O19 AUTHORITY TO ELIMINATE THE GRADE SEPARATION STRUCTURE WHICH CARRIES THE UNION PACIFIC RAILWAY COMPANY RAILROAD TRACKS OVER INTERSTATE HIGHWAY 25 NEAR RAILROAD MILEPOST 18 .82, MORE OR LESS, NEAR THE GRADE SEPARATED CROSSING, NATIONAL INVENTORY ID NO. 804-959D, AT INTERSTATE HIGHWAY 25 IN WELD COUNTY, COLORADO. ENTRY OF APPEARANCE AND NOTICE OF INTERVENTION TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS: You are notified that the Staff of the Commission hereby enters its appearance and intervention in the above captioned application. By this intervention, the Staff of the Commission does not oppose or contest the granting of this application, but rather indicates to the parties and all interested persons, firms or corporations that Staff will participate in any hearing which results from an intervention contesting or objecting to any portion of this application. If no other interventions are filed or if no other petitions seeking interventions are granted, other than interventions in support, so that this application is noncontested or unopposed, the Staff will then participate to the extent necessary to insure that the Commission file in this proceeding is complete and accurate. However, Staff reserves the right to object, and will participate in any matters herein as its interests may require. For information concerning this application contact Jack Baier at (303) 894-2855. Service upon Staff as required by Rule 9 (b) (2) , of the Commission' s Rules of Practice and Procedure, may be made by serving documents on Jack Baier of the Commission Staff. Dated at Denver, Colorado, this 20th day of April, 2001. FOR STAFF OF THE COMMISSION tb7k,,A., . ,3 tI�h Bruce N. Smith, Director Public Utilities Commission Logan Tower, Office Level 2 1580 Logan Street Denver, Colorado 80203 (303) 894-2007 CDl75er7A �e/Id2 er molt) /-2(7 ,- 2001-1162 CERTIFICATE OF MAILING I hereby certify that I mailed a true and correct copy of the foregoing ENTRY OF APPEARANCE AND NOTICE OF INTERVENTION OF THE STAFF OF THE COMMISSION in the US mail, postage prepaid,this 20th day of April, 2001 addressed as follows: ti's�L'/ l)D ?� din uzv_ C 11 Dawn BARBARA KIRKMEYER RENNY FAGAN COMMISSION CHAIR DEPUTY ATTORNEY GENERAL WELD COUNTY REGULATORY LAW SECTION 915 10TH ST 1525 SHERMAN, 5TH FLOOR GREELEY, CO 80632 DENVER, CO 80203 BRUCE BARKER RANDOLPH. R. REYES, P. E. ATTORNEY MANAGER, CDOT RAILROAD PROGRAM WELD COUNTY COLORADO DEPARTMENT OF 915 10TH ST TRANSPORTATION GREELEY, CO 80632 4201 EAST ARKANSAS, EMPIRE PARK DENVER, CO 80222 ERIE ROAD JOINT VENTURE C/O ROBERT P. MARX KARLA HARDING 7 FAIRWAY LANE REGIONAL TRANSPORTAITON DIRECTOR LITTLETON, CO 80123 REGION 4 1420 2ND ST OXFORD DEVELOPMENT, LLC GREELEY, CO 80631 5249 NORTH ADOBE CIRCLE TUCSON, AZ 85715 TRACY KINSELLA ASST. ATTORNEY GENERAL DACONO PROPERTIES, LLC DEPT. OF NATURAL RESOURCES 2500 ARAPAHOE, SUITE 220 1525 SHERMAN, ROOM 500 BOULDER, CO 80302 DENVER, CO 80203 COLUMBINE ITON AND METAL MIKE PARAS, SUPERINTENDENT C/O PENNY LOVELY OF TRANSPORTATION SERVICES 3747 WCR 8 UNION PACIFIC RAILROAD COMPANY ERIE, CO 80516 1400 W. 52ND AVE DENVER, CO 80221 DAVID JOSEPH C/O KEVIN SMITH JAMES P. GATLIN, ESQ. 728 HARLAN UNION PACIFIC RAILROAD COMPANY PUEBLO, CO 81004 LAW DEPARTMENT 1416 DODGE STREET, ROOM 830 DORTHY LOVELY, TRUSTEE FOR OMAHA, NEBRASKA 68179 NORMAN D. LOVELY FAMILY TRUST 1484 FRONTNINE DRIVE SUSAN K. GRABLER FT. COLLINS, CO 80525 MANAGER OF INDUSTRY AND PUBLIC PROJECTS FIRST DACONO DEVELOPMENT, LLC UNION PACIFIC RAILROAD COMPANY 6950 S. POTOMAC STREET 1400 W. 52ND AVE ENGLEWOOD, CO 80112 DENVER, CO 80221 Page 1 of 2 CERTIFICATE OF MAILING I hereby certify that I mailed a true and correct copy of the foregoing ENTRY OF APPEARANCE AND NOTICE OF INTERVENTION OF THE STAFF OF THE COMMISSION in the US mail, postage prepaid,this 20th day of April, 2001 addressed as follows: Dawn G. Ken.al �--- BILL MEIER UNITED POWER 18551 EAST 160TH AVENUE P.O.BOX 929 BRIGHTON, CO 80601 BART GARNER US WEST COMMUNICATIONS 12680 WCR 58 GREELEY, CO 80634 Page 2 of 2 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Docket No. 01A-167R IN THE MATTER OF THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE AUTHORITY TO ELIMINATE THE GRADE SEPARATION STRUCTURE WHICH CARRIES THE UNION PACIFIC RAILWAY COMPANY RAILROAD TRACKS OVER INTERSTATE HIGHWAY 25 NEAR RAILROAD MILEPOST 18 . 82 , MORE OR LESS, NEAR THE GRADE SEPARATED CROSSING, NATIONAL INVENTORY ID NO. 804- 959D, AT INTERSTATE HIGHWAY 25 IN WELD COUNTY, COLORADO. NOTICE OF APPLICATION FILED TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS : You are notified that this application has been filed with the Colorado Public Utilities Commission, and any person desiring to intervene in or participate as a party in this proceeding shall file his petition for leave to intervene, or under the Commission' s Rules of Practice and Procedure, file other appropriate pleadings to become a party, within 30 days after the date of this notice . At the time of this notice, the Commission has not deemed this application to be complete within the meaning of § 40-6- 109 . 5 , C. R. S . The Commission may consider and decide this application upon the record without a formal public hearing if the application is deemed complete and no notice of intervention or petition to intervene contesting or opposing the application has been timely filed. If a hearing is required in this matter, the Commission will notify the parties of the hearing date, time and location. Applicants must appear at the hearing, if one is set, and present evidence in support of their application. Other parties may appear and present evidence in support of their position. Unless previously filed, the applicant shall file its list of witnesses and copies of its exhibits at least 20 days before the first day of hearing. The applicant shall also serve each party and staff with its list of witnesses and copies of each of its exhibits . Each intervenor shall file with the Commission a list of witnesses and copies of its exhibits at least 10 days before the first day of the hearing. Each intervenor shall also serve each party and staff with a list of its witnesses and copies of each of its exhibits . Upon objection by a party, no witness will be permitted to testify and no exhibit will be received in evidence, except in rebuttal , unless filed and served as provided in this notice . If a party does not meet the requirements of this notice, the Commission may dismiss the application or intervention upon motion filed by any other party, or upon the Commission ' s own motion, unless good cause is shown. No motion for continuance of any hearing set in this proceeding will be granted except as stated in Rule 69 of the Commission ' s Rules of Practice and Procedure . Dated at Denver, Colorado, this 20th day of April 2001 . (S E A L) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO 4pF COLOR Is _ o BRUCE N. SMITH, Director O Colorado Public Utilities Commission mui 1580 Logan, OL2 , lat Denver, Colorado 80203 CrO O./LETO GO�` ATTEST: A TRUE COPY Bruce N. Smith Director G:\NOTICE\01A167R\04/20/2001\DGK 2 BEFORE THE PUBLIC UTILITIES COMMISSION 3 r OF THE STATE OF COLORADO IN THE MATTER OF THE COLORADO ) =43430)•ON DEPARTMENT OF TRANSPORTATION, FOR ) THE AUTHORITY TO ELIMINATE THE ) GRADE SEPARATION STRUCTURE WHICH ) CARRIES THE UNION PACIFIC RAILWAY ) COMPANY RAILROAD TRACKS OVER )INTERSTATE Q 16 161 HIGHWAY 25, ) DOCKET NO. NEAR RAILROAD MILEPOST 18.82, ) MORE OR LESS, NEAR THE GRADE ) SEPARATED CROSSING, NATIONAL ) INVENTORY ID NO. 804-959D, AT ) INTERSTATE HIGHWAY 25 IN WELD ) COUNTY, COLORADO ) The Colorado Department of Transportation, Division of Engineering and Construction, hereinafter referred to as the State, hereby submits this application to the Public Utilities Commission, hereinafter referred to as PUC, for an order approving the elimination of the grade separation structure which carries The Union Pacific Railway Company (hereinafter referred to as UPRR) railroad tracks over Interstate highway 25, near railroad milepost 18.82, more or less, at the grade separated crossing National Inventory ID No. 804-959D at Interstate highway 25, in Weld County, Colorado. The existing grade separated crossing, National Inventory ID No. 804-959D near railroad milepost 18.82, more or less, will be discontinued. Supporting information follows: 1. The Department of Transportation, an Administrative Department of the State of Colorado, is duly authorized to construct, maintain, and operate public highways in the State of Colorado. 2. The State's mailing address is: 4201 E. Arkansas Ave., Denver, CO 80222 3. Under authority of the laws and statutes of the State of Colorado,federal and state funds have been allocated and authorized,under project number NH 0253-151, 11925,for widening the roadway of Interstate highway 25 from Weld County Road No. 6 to Weld County Road No. 10. Total estimated cost of this project is $83,000,000.00. 4. The following exhibits are attached hereto and made a part hereof: Exhibit A- Vicinity Map 1 Exhibit B - Layout of the existing Railroad Overpass w/proposed limits of removal 5. The grade separation structure, structure number D-17-J is 305 feet long and is located near railroad milepost 18.82, more or less,National Inventory ID No. 804-959D. 6. Average daily traffic (ADT) on Interstate highway 25 was66,058 in 1999, with projected ADT estimated at 128,000 in the year 2020. The maximum design speed is 80 mph. 7. At present there are approximately two (2) train movements- three (3)times per week at this location with a maximum speed of 10 mph. 8. The State will prepare detailed construction plans and specifications, award a construction contract and provide general supervision for the demolition of the grade separation structure and removal to insure compliance with the plans and specifications. Said plans and specifications shall have been approved by UPRR. 9. The UPRR will furnish a cost estimate,to be accomplished by railroad force account method. The State will be required to reimburse the UPRR for these railroad force account services. UPRR estimated costs for force account work will be filed at a later date. 10. The State requires UPRR to provide flagging and protective services during periods of the elimination of the grade separation. The State's contractor will be required to reimburse UPRR for flagging and/or protective services done by UPRR. 11. The State will require its contractor to furnish, maintain and install advance warning signs or barricade protection which may be required for the duration of the project work for the protection of UPRR's facilities. 12. Construction for this project is scheduled to commence, in July 2001, and be completed within approximately 24 months. 13. It is anticipated that the State will need to acquire a right to immediately possess and use certain property belonging to UPRR including ingress and egress, in order to eliminate the grade separation structure, structure no. D-17-J. 14. Names and addresses of property owners adjacent to the grade separation are as follows: Erie Road Joint Venture C/O Robert P. Marx 7 Fairway Lane Littletown, CO 80123 • Oxford Development, LLC 5249 North Adobe Circle Tucson, AZ 85715 Dacono Properties, LLC 2500 Arapahoe Suite 220 Boulder, CO 80302 Columbine Iron and Metal C/O Penny Lovely 3747 WCR 8 Erie, CO 80516 David Joseph C/O Kevin Smith 728 Harlan Pueblo, CO 81004 Dorthy Lovely,Trustee for Norman D. Lovely Family Trust 1484 Frontnine Drive Ft. Collins, CO 80525 First Dacono Development, LLC 6950 S. Potomac Street Englewood, CO 80112 15. A pending contract between the State, and UPRR will provide for, among other things, a lump sum payment,to be determined,payable to the Union Pacific Railroad Company as the entire settlement for eliminating the railroad overpass at Interstate highway 25. The UPRR will be responsible for any costs of the railroad overpass replacement, should it be needed in the future. The State will furnish the PUC a copy of the finalized contract as a late-filed exhibit. 16. The State will be responsible for obtaining clearance and/or approval from utility companies which may be involved in the project, in writing or formal agreement, if utility adjustments are required. Names and addresses of public utilities adjacent to the improvement are: Bill Meier Bart Gamer United Power US West Communications 18551 East 160th Ave. 12680 WCR 58 3 P.O. Box 929 , Brighton, CO 80601 Greeley, CO 80634 17. The State's Regional Transportation Director, Karla Harding, Region 4, 1420 2" Street, Greeley, Colorado 80631, telephone (970) 350-2103, will administer the project. 18. The State's attorney, representing the State in all proceedings concerning the project is Tracy Kinsella, Department of Law, Civil Litigation Section, 1525 Sherman St., 5th floor, Denver, CO 80203. 19. The State waives the time limits set forth in CRS 40-6-109.5, (1) and (2), as amended, for this application. 4 THEREFORE, the State requests the Public Utilities Commission to enter an order authorizing the elimination of the grade separation structure that carries The Union Pacific Railway Company railroad tracks over Interstate highway 25, near the grade separated crossing at railroad milepost 18.82, more or less, National Inventory ID No. 804-959D, in Weld County, Colorado, as described herein. Dated at Denver, Colorado, this 9 day of A(f l'I , 20st. DEPARTMENT OF TRANSPORTATION STATE OF COLORADO ATTEST: By --1;191 By SeA Mark Tieman John M. Unbewust Chief Clerk cceac Chief Engineer The foregoing instrument was acknowledged before me this 9‘7"4 day of 20 AI , by John M. Unbewust, as Chief Engineer for Engineering and Const ction, k Ta aa , Tieman, as Chief Clerk, of the Colorado Department of Transportation. WITNESS my hand and official seal. My commission expires: _ l t 13-O4 Notary Public • EXHIBIT A last/ FT. COLLINS a kr 6 m.b im- Ii PI 1104 -11. to Irma. -El ItSill it pith. sa } .a' I p i ' r :ilia-Tu,L.0._ F 6 LOCATION OF RAILROAD III m STRUCTURE TO BE REMOVEDAll J i dmourpipir "tip 3..-L, gtip ..t 4 asg= f'4 �( .TT i' r -F � lr �+ y .fir ,�=r` Deniiiir ier r , �1a : _ r o $gf .0 EXHIBIT B / '` 5,_____,),_______, �i=—,fr i� — �i — �n '/' PROPOSED LIMITS ;j' OF REMOVAL ;; _ ____ ____/____. + if o O tilt/, + CV 1.O iii, iv I la a n — — — 7 O IFt go i s i if ±11 / I -' *0- —I —' ;+ '" M— - a -- i I I- 1 _I N / !. ! �1/ EXISTING UPRR \ . " / l BRIDGE i /1'. . / 1 ''jam JL z / ' - {{ II 0- -. -sew _ y20- 180 - I a a SCALE IN FEET Hello