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Montour Trail-LetterThe Official Publication of the Montour Trail Council |
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| The Montour Trail > News and History > January/February, 2002 > Groundbreaking case allows MTC to break ground
Groundbreaking case allows MTC to break ground"Finally!" In one word, MTC President Peter Kohnke summed up the collective sigh of relief at the long-awaited conclusion of the Pennsylvania Public Utility Commission (PUC) proceedings governing Montour?s Washington County bridges. A multitude of tortuous legal paths had been masterfully navigated by MTC legal counsel Richard Wilson, in a series of actions whose roots stretch back to the time of the founding of the Trail Council itself. The November decision comes just in time to break a roadblock that had stymied trail development for years.
A concrete manifestation of a consequence of the decision emerged on October 20, 2001, as the removal of the former Montour span over State Routes 50 and 980 created a flurry of activity in Venice. Since then, the abutments have been removed in preparation for a 2003 realignment of the intersection. Afterward, a new bridge will carry pedestrians and cyclists high overhead. Abutments are now being removed at Georgetown and Morganza Roads also, to set the stage for new trail spans soaring above. These demolitions are just the visible results of a lengthy series of behind-the-scenes negotiations, aimed to determine an optimal outcome for the public good.
The complex legalities that govern railroad abandonments are overseen by the federal Surface Transportation Board. In Pennsylvania, the fate of railroad structures over public roads is in the hands of the PUC. For many years, general feeling of the PUC, with support by PennDOT, was to tear out all abandoned railroad bridges, the sole focus being on highway motor traffic. But then came along Governor Tom Ridge, one of the most ardent (and certainly the most powerful) friend of bicycling that PA has ever seen. He declared in the mid-90s that a hard second look at old RR bridges must be taken by both PennDOT and the Pennsylvania Department of Conservation and Natural Resources (DCNR), to determine their suitability for trail use. Undesirable grade crossings of trails with roads could thereby be avoided.
Ridge's energies ignited a wholesale change in transportation thinking. The focus on road-building began to widen into a more holistic view of a transportation system of many components, including regional networks of long-distance trails. Ways began to be found to revamp some of the old bridges for pedestrian and bicycle use, speeding trail development. The historical preservation of these structures gained a widespread new respect. Volunteer trail organizations started to get some relief from the enormous costs of replacing torn-out structures, and were aided by newly-minted federal Transportation Enhancements funding, as well as from PA departments, agencies, and other help from Harrisburg.
Of central importance was the adoption by the Federal Highway Administration of the recently hatched principles of "context sensitive design," which allowed PennDOT to consider each structure within the context of its surrounding environment. This exhaustive evaluation involved: Washington County; the townships of Cecil, Mt. Pleasant, and Robinson; the MTC as represented by Mr. Wilson; as well as the DCNR and PennDOT in addition to the PUC. A critical milestone was Washington County agreeing to take over secondary ownership of the structures that were allowed to remain in place. The spirit of cooperation and great patience of all of these bodies is to be highly commended. These proceedings were one of the first test cases for context sensitive design, boldly breaking significant new legal and regulatory ground, and providing a solid case on which other rails-to-trails projects could build. Best of all, the decision allows the Montour to build new trail, too! Bridges from the McDonald Viaduct to Venice to Hendersonville to Valley Brook Road couldn't be converted or built until the PUC's final Disposition Order was issued. With design work now completed, the issuance of the Order allows MTC to put that section of the trail out to bid in December, with construction due to start next summer. Finally!
Summary of the PUC OrderStructures which will remain in place for Trail use:
Structures now being removed, clearing the way for new Trail bridges:
Structures to be removed in the future:
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