F. MINING CORPORATION, )
HARDEE COUNTY, FLORIDA )
)
Petitioner, )
)
vs. ) CASE NO. 77-1534
) SEABOARD COAST LINE RAILROAD ) COMPANY AND FLORIDA DEPARTMENT ) OF TRANSPORTATION, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice an administrative hearing was held on October 11, 1977, in the Department of Transportation District Office, Conference Room, 801 North Broadway, Bartow, Polk County, Florida, at 2:55 P.M. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.
APPEARANCES
For Petitioner: David Ashby, Chief Engineer
Post Office Box 1849 Bartow, Florida
For Respondent: Philip S. Bennett, Esquire DOT Haydon Burns Building
Tallahassee, Florida 32304
Seaboard Coast
Line Railraod: No appearance
ISSUE
Whether a permit should be granted for a public-at-grade rail/highway crossing by new rail construction 50 feet north of Seaboard Coast Line MP SVC 855, Ft. Green Springs Road, Hardee County, Florida, Section 0600-6605, State Road 663.
FINDINGS OF FACT
After the hearing was called to order the parties called for a recess and after the recess the following stipulation was agreed to:
There is a need for the subject crossing to serve the applicant's mining operation. The new rail construction is needed to move rock from the mine to applicant's other plants. It was further agreed that the applicant, C.
F. Mining Corporation, will Provide the installation of side mounted flashing lights and ringing bells, and advance warning disks with flashers and pavement markings as outlined in Part 8 of the Manual of Traffic Control Devices. The applicant, Hardee County, as a part of its overall road program will police the crossing and notify the applicant's mining corporation of any defective operation in the signalization.
The permit would provide a way for an industrial spurline to come off the main track of Seaboard Coast Line Railroad across Fort Green Springs Road into the C. F. Mining Corporation plant.
The Seaboard Coast Line Railroad did not appear at the hearing and made no objection to the granting of the permit.
The need for the crossing has been established and proper precautions for public safety are planned.
CONCLUSIONS OF LAW
Section 338.21, Florida Statutes, delegates regulatory authority to the Florida Department of Transportation over all public railroad crossings in the state, including the authority to issue a permit for the opening and closing of such crossings. The installation of the spur railroad track involves an opening of a crossing. The need has been established and safety precautions have been planned.
