Right of Entry Permits

Right of entry permits allow access to NCTD-owned property for a specific period of time to accomplish a specified activity, which generally involves construction work or construction related design services. Applicant will be charged a processing fee billed for NCTD labor time at fully burdened hourly rates.

Special Event Permits

Special event permits allow access to NCTD-owned property for a specific event such as a fair or marathon. This type of permit would allow non-continuous occupancy. This is a short-form permit and cannot be used for any construction activities, surveying, potholing, boring, environmental analysis, etc. Applicant will be charged a processing fee billed for NCTD labor time at fully burdened hourly rates.

License Agreements

License agreements allow installation of a facility such as pipelines or wirelines on NCTD-owned property. All license agreements include a provision that the facility will be removed or relocated within 30 days if NCTD requires the property for transportation purposes. Under a license agreement the licensee will be charged a one-time set-up fee as well as an annual license fee and an annual administration fee in accordance with the Board Approved Cost Recovery Fee Schedule.(PDF)

Lease Agreements

Lease agreements allow use of NCTD-owned property. All lease agreements include a provision that the lessee must vacate the premises within 30 days if NCTD requires the property for transportation purposes. Under a lease agreement the lessee will be charged fair market value as a monthly or annual rental payment, as well as all related costs including determination of fair market value, premises, and viability.

Property access requests for permits, licenses and leases should be sent electronically to ROW@nctd.org and must include:

• NCTD Property Access Form (PDF)
• Signed and sealed drawings of work to be performed
• Work plan that includes (at a minimum):
  • Project purpose
  • Project scope
  • Means and methods
  • Equipment
  • Excavation or any earth movement (boring, potholing, digging, etc.) locations and depths
  • Excavation backfill, if applicable
  • Stormwater management plan, if applicable
  • Schedule
  • Subcontractors
  • Noise, dust, or other impacts from work/equipment
  • Traffic control plan, if applicable
  • Community outreach plan, if applicable
  • How Right-of-Way will be accessed
  • Environmental issues and permits obtained
  • Emergency contacts
  • Activity Hazard Analysis and Safety Plan (PDF)                 •  Please provide any relevant safety certifications
  • Any on-track movement must include a specific work plan that details the equipment that will be used on the track, the on-track movement that will take place and the qualifications of all personnel that will work on, in-between, or near the equipment. The personnel qualifications must include the last 12 months of all applicable training records and certifications.
• Exhibit depicting encroachment area, including measurements to known monuments and distances from the edge of the closest track and edge of ROW
• All contractors performing work on the ROW whose duties include inspection, construction, maintenance, or repair of railroad track, bridges, roadway, signal and communication systems, electric traction systems, roadway facilities, or roadway maintenance machinery are required to submit a Federal Railroad Administration (FRA) accepted 49 CFR Part 219 Control of Drug and Alcohol Use Plan
• NCTD’s Insurance Requirements
  • CGL – $2M/$4M The following entities shall be *endorsed as additional insureds: North County Transit District, Amtrak, Metrolink, BNSF, Jacobs Project Management Co. (“Jacobs”), and their respective directors, officers, employees, contractors, and agents.
  • Auto – $2M
  • Worker’s Comp – Statutory
  • Employer’s Liability – $1M
  • RPL – $3M/$6M
    • Required when work performed on the rail, right of way or within 50 feet of the rail.
    • CGL policy with a CG 24 17 endorsement provided in lieu of RPL if it meets the limit requirements ($3M each occurrence/ $6M aggregate).
    • For Self-insurance policies – language stating there is no railroad exclusion from policy’s “insured contract” definition.
    • If the project is invasive, includes heavy equipment or involves bridges or trestles, require $10M/$20M or more.
  • Pollution Liability (for projects/use with environmental risks)
    • pollution liability policy with minimum standard limit of one million dollars ($1,000,000) per occurrence/aggregate. NCTD reserves the right to increase this limit, depending on the scope of work

Certificate Holder is:
Attn: Real Estate Department
North County Transit District
810 Mission Ave
Oceanside, CA 92054

*Please provide the actual endorsement form either specifically naming the entities, or an endorsement that says additional insureds covered “when required by written contract.”

** If an umbrella policy is being used for any of the above requirements, please provide the schedule of underlying policies.**

Additional information may be requested upon review of submission. A processing fee billed for NCTD labor time at fully burdened hourly rates will be charged for all submittals. Typical review period is 4-6 weeks. An agreement will be issued after NCTD has reviewed and approved the submittal, is in receipt of the required fees, and receives evidence of insurance as established and required by NCTD.

Amendments to existing agreements will also require a Property Access Request.

For more information, please contact NCTD’s Right-of-Way Coordinator at ROW@nctd.org or (760) 967-2851.

Flagging Protection

ROW Support Services – Flagging Protection, Signal Support, and Track Protection Work performed within NCTD’s Right-of-Way that involves personnel or equipment must have an NCTD-supplied railroad flag person (PDF) for the duration of the work.

All entities requesting flagging protection, signal support, and track protection must:

1. Obtain authorization from NCTD

See Property Access Requests above to obtain authorization. For more information, please contact NCTD’s Right-of-Way Coordinator at ROW@nctd.org or (760) 967-2851.

2. Complete the required forms:
Jacobs – Flagging Services Agreement
Jacobs – Flagging RWIC Services Request Form
Jacobs – Flagging Billing Authorization Form

Please complete and email all forms to Adriana.Gagner@jacobs.com and Ralph.Godinez@jacobs.com. The cost for all Flagging services shall be paid to Jacobs Project Management Co. by the party requesting the services. Please contact Ralph Godinez with any questions by email.

Signal Support/Mark-Out and Track Inspections

Requests for Signal Support, Signal Mark-Out and Track Inspection must be received 21-days in advance. Please fill out Right of Way Support Services Form and submit completed form to rowsupportservices@nctd.org.

* * Please note for the Signal Support, Signal Mark-out and/or Track Inspection a non-refundable deposit will be required. Work not covered by the deposit will be invoiced for upon completion of the requested work.

The Federal Railroad Administration (FRA) requires railroads and/or their contractors to provide roadway worker protection (RWP) training to any worker whose job duties include inspection, construction, maintenance, or repair of track, bridges, roadway, signal and communication systems, roadway facilities, or maintenance machinery on or near the track (FRA 49 CFR 214).

The RWP training is a 4-hour, classroom-based training available in English. Participation is $173.50 per person with payment due at time of training via company check, personal check, or money order. Make checks payable to Jacobs Project Management Co. No credit cards or cash can be accepted for payment of class fees. Re-certification is required annually.

Classes are offered at:

3508 Seagate Way Suite 150

Oceanside, CA 92056

Classes are typically held on Tuesdays and Thursdays 8:00 a.m. to Noon.
To schedule a class, please visit the RWP Class Scheduler.

Special arrangements may be made for off-site classes within a 50-mile radius of Oceanside. All off-site classes require a pre-payment at least 72 hours prior to the scheduled class. Please contact Sean Kearns at (213) 305-9642.

Online classes are being offered on a very limited basis in groups of 25-30 people.  Online training participants must have a computer with internet access and video capability. Email for details and assigned training dates at RWP.Safety.Training@jacobs.com

PTC Controlling Assets

The PTC Controlling Assets document (PDF) explains what PTC critical asset changes consist of along the NCTD’s ROW.

Change Request

The Change Request Form (PDF) is intended for use by anyone originating changes to PTC critical assets on the NCTD right-of-way on the LOSSAN corridor from Santa Fe Depot to the Orange County Line. Generally, the users will include designers coordinated through the implementing agency, construction management coordinated through the construction management team, and maintenance workers coordinated through their supervisors. PTC critical assets include: center line track (horizontal and vertical), insulated joints, derails, at-grade crossings (highway, street, pedestrian, private), limit signs (for example CTC, Yard), milepost marker signs, point of switch, wayside signals, speed signs, and whistle boards.

Unplanned changes that occur during construction will be managed by the Construction Management team and the Resident Engineer. Unanticipated changes that have occurred, or are occurring as a result of maintenance activities, will be used by maintenance staff to report the changes to PTC critical assets.

Unreported Change

The Unreported Change Request Form (PDF) is for use by individuals who discover unreported changes. It is expected that on occasion a railroad employee will discover changes that have occurred to track or other railroad assets due to outside influences such as vandalism, accidents, severe weather, or natural disaster. These changes may also be reported to NCTD by another entity, such as law enforcement, a new agency, or a private citizen. Regardless of how the change is detected, it should be reported immediately so that the appropriate corrective action can be taken.

Model-Approved Hardware Replacement

Model-approved hardware may be replaced without submitting a Change Request; however, the replacement must be reported through the Model-Approved Hardware Replacement Form (PDF). Inventory control labels for such items (or their packaging, as applicable) will include a Model Approval tag. Questions about the Model Approval status of a component should be directed to an employee’s supervisor.

Please email forms to ptcchangerequest@nctd.org

In July 2013, NCTD was designated a Phase II, Non-Traditional Municipal Separate Storm Sewer System (MS4) Permittee by the State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ NPDES Permit No. CAS000004. Pursuant to the MS4 NCTD has adopted an Storm Water Management Plan (SWMP) which is intended to serve as the storm water compliance document for all maintenance activities that occur at NCTD facilities and within the railroad Right-of-Way. The SWMP is a living document that is intended to be updated as new program elements are developed and implemented.

NCTD Storm Water Management Plan

Template Instructions (PDF)

Storm Water Prevention Plan Template (PDF)

Erosion and Sediment Control Plan (PDF)