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Home My WebLink About2.0 Conditions of ApprovalA AMERICAN DU SooA, LL.P. 710 Coo per Av e. • P 0. Box 2070 Glenwood S prings . CO B 1602 Mr. John Barbee Garfield County Senior Planner Garfield County Building and Planning Department 109 8'h Street, Suite 303 Glenwood Springs, CO 81602 Subject: Submittal of CPUC Authorization Telephone C970l 928 -9866 Facsimi le C970l 928 -9863 June 30, 1999 J.0.N. 124, WP 7, 2a, 1 Letter No. 124-695 Special Use Permits for Parachute Processing Operation Yankee Gulch Sodium Minerals Project Dear Mr. Barbee, In accordance with Condition of Approval No. 14 of the Special Use Permit for the Parachute Processing Operation (Resolution 99-055) and Conditions of Approval No. 3 and 4 of the Special Use Permit for the Rail Spur (Resolution 99-054), American Soda is hereby providing your office with a copy of the Colorado Public Utilities Commission (CPUC) Order Granting Application, which authorizes American Soda to establish public road crossin gs for the rail spur to be constructed as part of the Yankee Gulch Sodium Minerals Project. American Soda is awaiting issuance of other permits at this time. Copies of those permits will be furnished to your office as they are obtaine d. If you have any questions, please contact Chris Freeman of Steigers Corporation at (303) 799-3633 or me at (970) 285-6500. Sincerely, ~~ Kurt R. Nielsen General Manager Enclosure cc: Hal Copeland, Steigers Corporation 1/1 Chris Coyle, Balcomb & Green, P.C. 1/1 KRN/CPF /pp Natural Sodium Products For a Cleaner Environment Decision No. C99-683 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO DOCKET NO. 99A-223R IN THE MATTER OF THE APPLICATION OF AMERICAN SODA, L. L. P. FOR AUTHORITY TO ESTABLISH PUBLIC ROAD CROSSINGS FOR AN INDUSTRIAL RAILROAD SPUR SERVING THE AMERICAN SODA, L.L.P. YANKEE GULCH SODIUM MINERALS PROJECT'S PARACHUTE PROCESSING OPERATION AND ALSO FOR AUTHORITY TO INSTALL PROTECTIVE SIGNALIZATION AT THOSE CROSSINGS. THE CROSSINGS ARE TO BE BENEATH INTERSTATE-70 AND OVER THE INTERSTATE-70 FRONTAGE ROAD, THE TOWN OF PARACHUTE'S MURRAY LANE, AND GARFIELD COUNTY ROAD 215, ALL LOCATED IN GARFIELD COUNTY, COLORADO. COMMISSION ORDER GRANTING APPLICATION Mailed Date: June 25, 1999 Adopted Date: June 23, 1999 I. BY THE COMMISSION: A. Statement 1. On May 6, 1999, American Soda, L.L.P., filed this application requesting authority to establish public road crossings for an industrial railroad spur track (serving its Yankee Gulch Sodium Minerals facility), under the existing Interstate-70 ("I-70") bridges, and across the I-70 Frontage Road, the town of Parachute's Murray Lane, and Garfield County Road 215, and for authority to install warning devices at those grade crossings, all located in Garfield County, Colorado. 2. On May 11, 1999, the Staff of the Commission filed its Entry of Appearance and Notice of Intervention. 3. The Commission gave notice of this application together with a copy of the application to all interested parties, including the adj a cent property owners, in accordance with § 40-6-108 (2), C.R. S. (1993). This Notice was mailed May 11, 1999. 4. On May 14, 1999, the Colorado Department of Transportation ("CDOT") filed its Entry of Appearance and Notice of Intervention. 5. On May 20, 1999, the Union Pacific Railroad Company ( "UPRR") filed its Entry of Appearance and Notice of Intervention. 6. On May 26, 1999, American Soda, L.L.P., filed supplemental documents consisting of right-of-way easements for the proposed spur track and grade crossings. 7. On June 1, 1999, American Soda, L.L.P., filed revised crossing plans and grade crossing signal plans. 8. No intervention was received in opposition to this application. The application is noncontested and unopposed. 9. The Commission has reviewed the record in this matter and deems that the application is now complete within the meaning of § 40-6-109.5, C.R.S. 10. The Commission will determine this matter upon the record, without a formal hearing under § 40-6-109(5), C.R.S., and Rule 24, Commission Rule of Practice and Procedure, 4 Colorado Code of Regulations ("CCR") 723-1, because the application is noncontested and the Applicant did not request a public hearing. 2 B. Findings of Fact 11. A 4.3-mile industrial railroad spur previously originated at the Union Pacific Railroad Company main line near the town of Parachute, Colorado, passed under Interstate 70, at- grade over the I-70 Frontage Road, Murray Lane, and Garfield County Road 215. Authority was granted for the crossing of the Interstate-70 Frontage Road (then Colorado State Highway 5 and 24) and Garfield County Road 215 under Commission Decision No. 85299 on July 1, 1974, and Decision No. C82-587, dated May 4, 1982, respectively. This industrial railroad spur served UNOCAL' s Shale Oil Upgrade Facility as late as 1990 but fell largely into disuse as operations at that facility ceased. The rails, ties, and crossing signalization were removed in 1997. 12. American Soda proposes to reconstruct the previously existing industrial railroad spur to serve its proposed Parachute Processing Operation to be located at the site of the former UNOCAL Shale Oil Upgrade Facility. This spur would cross I-70 and the I-70 Frontage Road in the SWl/4 SWl/4 of Section 5, T7S, R95W, 5th Principal Meridian (PM), Murray Lane in the NEl/4 NEl/4 of Section 12, T7S, R95W, 5~ PM, and Garfield County Road 215 in the NEl/4 SEl/4 of Section 2, T7S, R95W, 5th PM. 13. The purpose of this application is to secure Commission approval for American Soda, L.L.P. to re-establish public road crossings for an industrial railroad spur track to 3 serve its Yankee Gulch Sodium Minerals, Parachute processing facility, and also for authority to install grade crossing warning devices at those grade crossings over the Interstate-70 Frontage Road, the town of Parachute's Murray Lane, and Garfield County Road 215, all located in Garfield County, Colorado. 14. The average daily vehicular traffic count at the Interstate 70 Frontage Road crossing is approximately 500 vehicles per day. The average daily vehicular traffic count at the Murray Lane crossing is approximately 360 vehicles per day. The average daily vehicular traffic count at the County Road 215 crossing is approximately 600 vehicles per day. The projected train volume over each crossing is two train movements per day, six days per week at a maximum timetable speed of 15 MPH. 15. American Soda, L.L.P. proposes to install new train-activated flashing light signals with gates and warning bell to protect the Interstate 70 frontage road grade crossing and the Garfield County Road 215 grade crossing. Track circuits will be motion detection devices that will provide 30 seconds of warning time for the approach of a train from either direction. American Soda, L. L. P. proposes to provide standard crossbuck warning signs at the grade crossing of Murray Lane. In addition, advance-warning signs will be installed at all grade crossings. 16. The vertical and horizontal clearances for the spur track, relative to the I-70 bridges, exceed Commission requirements. 4 1 7. Funding for the construction of the industrial track and the proposed grade paid by American Soda L. L. P. crossing warning devices will be The estimated cost of the grade crossing portion of the project including the proposed warning devices is $392,000. 18. Maintenance of the roadway approaches to the crossing will be the responsibility of the appropriate roadway authority. Maintenance of the crossing surface, roadbed, tracks, grade crossing signals, gates, and appurtenances will be the responsibility of American Soda, L.L.P. 19. All exhibits, specifications, and plans, as revised, are complete, accurate, and meet Commission requirements. 20. The public safety, convenience, and necessity require, and will be served by, the granting of this application. C. Conclusions On Findings Of Fact 21. The Commission has jurisdiction in this matter under § 40-4-106 (2) (a) and (3) (a), C.R.S. (1993). 22: No intervention was received in opposition to this application. The application is noncontested and unopposed. 23. The Commission will determine this matter on the record, without a formal hearing, under § 40-6-109(5), C.R.S. (1993)' and Rule 24, Commission Rules of Practice · and Procedure, 4 CCR 723-1. 5 24. The public safety, convenience, and necessity require, and will be served by, the granting of this application. II. ORDER: A. The Commission Orders That: 1. American Soda, L.L.P., is authorized to establish public road crossings for an industrial railroad spur track (serving its Yankee Gulch Sodium Minerals facility) , under the existing Interstate-70 bridges, and across the I-70 Frontage Road, the town of Parachute's Murray Lane, and Garfield County Road 215, and for authority to install warning devices at those grade crossings, all located in Garfield County, Colorado. 2. Installation of the warning devices authorized in Paragraph 1 above shall be in accordance with the plans, specifications, and exhibits, as revised, submitted in this application and hereby approved. 3. The installation, operation, and maintenance of the grade crossings and grade crossing· warning devices shall be the responsibility of American Soda L.L.P. 4. The total actual cost of labor and material required for installation of the grade crossing warning devices shall be paid by American Soda, L.L.P. 5. American Soda L.L.P., shall coordinate with the respective roadway authorities (i.e. CDOT, Garfield County, and the Town of Parachute) to ensure proper traffic control and motorist safety during construction of the spur track, grade 6 crossings, and crossing warning devices. 6. American Soda L. L. P. , shall maintain the warning devices at its own expense for the life of the crossing so protected. 7. The Commission retains jurisdiction to enter further required orders. B. This Order is effective on its Mailed Date. C. ADOPTED IN COMMISSIONERS' WEEKLY MEETING June 23, 1999. (SEAL) ATI'EST: A TRUE COPY ~Lcf;,._ Bruce N. Smith· Director G,\RAIL\99A-683R.DOC 7 THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO ROBERT J. HIX RAYMOND L. GIFFORD VINCE MAJKOWSKI, ABSENT. Commissioners