1. (a) The following conditions apply to the utility owner's activities within the highway right-of-way.
2. (b) By undertaking work within the highway right-of-way, the utility owner agrees to these conditions.

3. (c) These conditions should be considered in the design and installation of the utility facilities:

   1. (1) The utility owner shall notify the District Engineer four (4) Arkansas Department of Transportation business days prior to beginning work on highway right-of-way;

   2. (2)

      1. (A) Any lane closure or lane width restriction required by the utility work shall comply with the current edition of the MUTCD.
      2. (B) The utility owner shall notify the District Engineer in writing a minimum of four (4) department business days prior to any planned lane closure or lane width restriction.
      3. (C) This notification shall include:

4. (i) The beginning and ending dates for the closure or restriction;

   1. (ii) The beginning and ending times for the closure or width restriction;

      1. (iii) A description (inside/outside, traffic direction) of the lane to be closed or width restricted; and

         1. (iv) The minimum width of the remaining lane or lanes open to traffic.
      2. (D) The utility owner shall notify the District Engineer in writing when the lane closure or width restriction is removed;

   2. (3)

      1. (A) The utility owner shall take all means necessary to protect the traveling public and to avoid any hazard or interference to the safe and free movement of traffic on the highway.
      2. (B) In some circumstances, it may be necessary that the District Engineer establish the hours of work;

   3. (4)

      1. (A) The utility owner shall provide adequate protection on or over any pavement, roadway surfacing, shoulders, or highway structure before moving or operating any heavy or steel tracked or cleated equipment thereon.
      2. (B) The method of protection must be acceptable to the District Engineer;
   4. (5) The utility owner shall not use heavy equipment on soft shoulders or unsurfaced right-of-way areas during wet or inclement weather in the initial construction or during normal servicing when such use could cause excessive damage to the shoulders or unprotected right-of-way areas;
   5. (6) The utility owner shall provide for restoration or repair of any portion of a bridge, highway structure, or other highway facility disturbed or damaged by utility installation, maintenance, or use;
   6. (7) The utility owner shall conduct the work in a manner to avoid tracking mud onto the roadway surface, immediately remove any mud tracked onto the roadway, and take appropriate action to avoid additional tracking;
   7. (8) The utility owner shall take steps to eliminate dust within the highway right-of-way and immediately take appropriate action to eliminate and prevent the dust;

   8. (9)

      1. (A) The utility owner shall not use permanent paint for marking within the highway right-of-way.
      2. (B) The utility owner shall not place any markings on bridges or highway structures;
   9. (10) The utility owner shall backfill excavated areas with the excavated or equivalent/suitable material and outlets shall be provided for entrapped water to avoid ponding or excess subbase saturation;
   10. (11) The utility owner shall provide proper protection for any excavated areas that are to remain open when work is not being performed;
   11. (12) The utility owner shall not use the highway right-of-way as a material storage area or for maintenance of vehicles or parking of equipment and/or vehicles;
   12. (13) The utility owner shall not perform blasting within the highway right-of-way unless specifically approved by the District Engineer;
   13. (14) The utility owner shall utilize an approved identification wrap of detectable tape or wire on all nonmetallic buried facilities installed within the highway right-of-way either parallel to or crossing the roadway in order that the facility can be located by metal locators or other suitable devices;
   14. (15) The utility owner shall protect existing right-of-way monuments from damage, immediately notify the District Engineer if a monument is damaged, and provide for a registered professional land surveyor to reestablish any monuments or markers that are disturbed during the work to the satisfaction of the District Engineer;

   15. (16)

       1. (A) The utility owner may only remove the control of access fence when approved by the District Engineer.
       2. (B) When removal is allowed, the fence must be reinstalled as soon as possible and to the satisfaction of the District Engineer;
   16. (17) The utility owner shall comply with the current edition of AASHTO policy set forth in "A Policy on the Accommodation of Utilities within Freeway Right-of-Way" in the installation and maintenance of utility facilities on both fully and partially controlled access facilities;
   17. (18) The utility owner shall not service utilities installed solely for operating freeway facilities directly from through traffic lanes or ramps, and the utility owner shall not create a hazard or interfere with the safe and free movement of traffic on the freeway during such utility access and maintenance;

   18. (19)

       1. (A) The utility owner shall keep the area disturbed by utility construction or maintenance to a minimum.
       2. (B) The utility owner shall restore all highway right-of-way to as good or better condition than before.
       3. (C) Restoration methods shall conform to the department’s standard specifications;

   19. (20)

       1. (A) The utility owner shall be responsible for maintaining flow in and restore the grades on any drainage ditches disturbed by their work.
       2. (B) Maintenance and restoration work shall be completed to the satisfaction of the District Engineer;

   20. (21)

       1. (A) The utility owner shall avoid disturbing existing:

          1. (i) Highway drainage pipes;
          2. (ii) Inlets; and
          3. (iii) Other structures.
       2. (B) Any structures disturbed shall be restored to the satisfaction of the District Engineer;

   21. (22)

       1. (A) The utility owner shall be responsible for developing and implementing any stormwater pollution prevention plan (SWPPP) and obtaining a National Pollutant Discharge Elimination System permit from the Division of Environmental Quality necessitated by their work.
       2. (B) The utility owner shall indicate on the plans whether or not an SWPPP was prepared.
       3. (C) If an SWPPP was prepared, the utility owner shall indicate if the project is permitted as an automatic coverage site or is a large construction site.
       4. (D) If a notice of termination is furnished to the division when the work is completed, the utility owner shall provide a copy to the District Engineer;
   22. (23) The utility owner shall ensure that ongoing work and completed work complies with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.;
   23. (24) The utility owner shall ensure that all work is conducted in a manner to accommodate and protect pedestrians;

   24. (25)

       1. (A) The utility owner shall not begin work on any buried utility line crossing under a highway bridge until all material and equipment are available for immediate use.
       2. (B) When the work is started, it must be completed as soon as practicable.
       3. (C) Trenches under highway bridges shall not be left open when work is not being performed;

   25. (26)

       1. (A) The utility owner shall be responsible for placement of their longitudinal lines in a manner to allow placement of other parallel utility lines.
       2. (B) If longitudinal lines are not installed parallel to right-of-way lines and other utilities, the department may require their realignment to facilitate placement of other utilities; and

   26. (27)

       1. (A) The utility owner shall restore any rock or concrete riprap disturbed by their operation as soon as practicable.
       2. (B) The riprap shall be restored to equal or better condition to the satisfaction of the District Engineer.

Codification Notes: “AASHTO” means the American Association of State Highway and Transportation Officials.