BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

PIERCE COUNTY    ) DOCKET NO. TR-000924
      )
  Petitioner,   ) ORDER GRANTING PETITION TO
      ) CLOSE THE 8TH STREET EAST
 vs.     ) HIGHWAY-RAIL GRADE CROSSING
      )
THE BURLINGTON NORTHERN  )
SANTA FE RAILROAD COMPANY ) D.O.T. 085673X
      )
  Respondent   ) W.U.T.C. 1E 25.38
.   .   .   .   .   .   .   .   .   .   .   .   .   .   .   . )

BACKGROUND

  On June 6, 2000, Pierce County filed a petition with the Commission 
seeking authority to close a highway-rail grade crossing.  The crossing is 
located at the intersection of 8th Street East and the tracks of the Burlington 
Northern Santa Fe Railroad Company, in the NE 1/4 of the NE 1/4 of Section 6, 
Township 20 N, Range 5E, W.M. in Pierce County, Washington.

  Respondent consented to the entry of an order by the Commission without 
further notice or hearing.

DISCUSSION

  The petition, on page 2, paragraph 3, sets forth the reason for closing the 
crossing as: “The existing BNSF grade crossing at 8th Street East will be 
replaced by a new over-crossing constructed as part of a new roadway, Lake 
Tapps Parkway East.  The alignment of the over-crossing is approximately 230 
feet north of the current crossing.  The over-crossing will provide a safer 
condition for the anticipated Lake Tapps Parkway East and 8th Street East 
vehicular traffic.”

  Pursuant to the procedure specified in RCW 81.53.060, Commission Staff posted 
notice of the filing of the closure petition at the crossing site and caused 
the same notice to be published in The News Tribune, a newspaper of general 
circulation in the area, on June 21, 2000.  The notices directed that any 
person having objection to the closure to the crossing should state such 
objections in writing to the Commission within 20 days.  No written objections 
were received.  The Commission, as SEPA lead agency, also satisfied State 
Environmental Policy Act requirements for grade crossing closures and has 
issued a determination of non-significance for this proposal.
  

  Commission staff investigated the petition and recommended that the petition 
be approved, subject to specified conditions.

  The Commissioners have reviewed the petition and have been fully advised in 
the matter.  They believe that granting the petition is in the public interest, 
subject to the conditions set forth below, and direct the secretary to issue 
the order.


ORDER

  THE COMMISSION GRANTS the petition of Pierce County for the closure
and abandonment of the highway-rail grade crossing, designated as W.U.T.C. 
crossing number 1E 25.38 and located at the intersection of 8th Street East and 
the tracks of the Burlington Northern Santa Fe Railroad Company, in the NE 1/4 
of the NE 1/4 of Section 6, Township 20 N, Range 5E, W.M. in Pierce County, 
Washington, subject to the following conditions:

  1.  The closure of the crossing is subject to the completion and opening to 
public use of the proposed Lake Tapps Parkway East grade separated overpass.

  2.  Upon closure of the crossing, the crossing surface must be removed.

  3.  Since 8th Street East will remain a public right-of-way both east and 
west of the tracks, barricades must be installed on each approach that will 
prevent traffic from gaining access across the tracks via 8th Street East.


  Dated at Olympia, Washington, and effective this 27th of September, 2000.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




       CAROLE J. WASHBURN, Secretary