BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



PEND OREILLE COUNTY

                                      Petitioner,

                         v.

PEND OREILLE VALLEY RAILROAD

                                     Respondent
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		DOCKET NO. TR-010674
		
		ORDER GRANTING PETITION 
		TO ESTABLISH A PUBLIC HIGHWAY-RAIL GRADE CROSSING AT WATERVIEW DRIVE
		
		DOT NO:  917943V

BACKGROUND

1 On May 7, 2001, Pend Oreille County filed a petition with the Commission, 
seeking authority to  establish a public highway-rail grade crossing at the 
site of an existing private crossing.  The crossing is  located at railroad 
mile post 44.2, in the SE ¼ of the SE ¼ of Section 4, Township 36 N, Range 43  
E., W.M, in Pend Oreille County.

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

DISCUSSION

3 The petition is related to the construction of a new “short plat” residential 
development, located   between the respondent’s tracks and the Pend Oreille 
River.  Since the railroad tracks are located  between SR-20 and the 
development, access into and out of the area necessitates crossing the   
railroad tracks.  Currently, the crossing exists as a private crossing that has 
provided access for the  preliminary construction and grading work for the 
development.

4 In the vicinity of the proposed public crossing, Waterview Drive will be 
classified as a two-lane local  access road, with a vehicle speed limit of 25 
mph.  The distance between the tracks and SR-20 is  approximately 65 feet, and 
a Stop sign will be placed at the intersection of Waterview Drive and  SR-20 
for vehicles entering SR-20 from Waterview.

5 Projected daily traffic through the crossing after completion of the 
subdivision is 50 vehicles, including  2 school bus trips.  

6 Respondent maintains a single main track.  Train volumes through the proposed 
crossing are expected  to average under 10 trains per year.  Pend Oreille 
Valley Railroad’s operations in the vicinity of the  crossing are limited to 
weekend excursion trips on a seasonal basis, with occasional freight train 
trips.   The maximum timetable speed through the proposed crossing is 20 mph.

7 The petition specifies that the grade crossing warning devices will consist 
of R-15 Crossbuck signs  and railroad advance warning signs.  The low volumes 
and speeds of both rail and vehicular traffic led  to the County’s decision 
that passive devices alone will provide an acceptable level of warning at the  
crossing (i.e. flashing light signals are not warranted).  Staff concurs with 
this conclusion.

8 Pend Oreille County issued a Determination of Non-significance on August 5, 
1996 for construction  of the roadway across the railroad tracks, thereby 
satisfying State Environmental Policy Act   requirements for this proposal. 

9 Commission Staff investigated the petition and recommends that the petition 
be approved, subject to  specified conditions.

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

ORDER

11 THE COMMISSION GRANTS the petition of Pend Oreille County to establish a 
public   highway-rail grade crossing at the intersection of Waterview Drive and 
the tracks of the Pend Oreille  Valley Railroad at railroad milepost 44.2, 
subject to the following conditions:

 (1) All construction and installations must conform to the plans and documents 
filed in this    proceeding.

 (2) The crossing must be hard surfaced between the rails and for a distance of 
at least one foot   outside of each rail for the full width of the traveled 
roadway.

 (3) Crossbuck signs must be placed at the crossing by the Pend Oreille Valley 
Railroad.
 
 (4) Railroad Advance Warning signs must be placed in advance of the crossing 
by the highway   authority at each approach to the crossing, including turns 
into the crossing from SR-20.

 (5) Placement and maintenance of all traffic control devices and advance 
warning signs must   comply with all applicable standards specified in the U.S. 
Department of Transportation   Manual on Uniform Traffic Control Devices.

 (6) Upon completion of the construction and installations authorized herein, 
petitioner must notify   the Commission.  The grade crossing is subject to a 
compliance inspection and report by   Commission Staff, verifying that it is in 
full compliance with law and regulation, and the    conditions specified herein.


 DATED at Olympia, Washington and effective this 27th day of June, 2001.

 THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION




      CAROLE J. WASHBURN, Secretary