Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7501 - Maintenance › Chapter 04002 - Right of Way Encroachment Permits › SPECIAL NOTES › Section 37-1-7501-04002-1903

Current through June 25, 2024
The special notes or paragraphs are as follows:
1. If a mailbox is to be placed on highway
					 right of way, it shall meet the requirements listed in Rule 37.1.7501.04013,
					 Driveway and Street Connections, Median Openings, Frontage Roads.
2. The applicant accepts the responsibility
					 for the safety of the traveling public and his/her workers and agrees to
					 furnish, place, and maintain traffic control devices, if required, in
					 accordance with Part VI of the Manual of Uniform Traffic Control Devices
					 (MUCTD), Current Edition, as a minimum. A special traffic control plan is
					 included in this application if special traffic control details are
					 required.
3. The applicant shall
					 comply with the Transportation Commission Order, dated May 22, 2001, Minute
					 Book 8, Page 645 and 646, or revised order, relative to restricted speed zones
					 for traffic lane closures on four (4) lane divided highways. The District
					 Engineer will furnish the applicant with a copy of this order, upon
					 request.
4. The applicant agrees to
					 fully comply with the United States Corp of Engineers' regulations for wetlands
					 and to obtain any and all necessary permits prior to beginning any work on
					 state maintained highway right of way.
5. We/I
(Applicant)
do hereby certify that the gas line crossing(s) shown on this
					 application is/are to operate under a pressure in excess of forty-five (45)
					 pounds per square inch and will have regularly inspected and
					 adequately-maintained cathodic protection in accordance with the company's
					 safety program and extra strength pipe will be used under the roadway as shown
					 herein.
I also hereby certify that I have the authority to make
						the certification herein and to bind
(Applicant)
concerning such certification.
Certified ______________________________
Name of Company Official
________________________________
________________________________Title
6. We/I,______________________, P.E. hereby
					 certify that the proposed High Density Polyethylene Pipe to be used as an
					 encasement contained in this permit meets all industry standards for certified
					 HDPE pipe and that the design meets the requirements for its use for
					 underground highway crossings or parallel installations.
7. As a condition for approval of this permit
					 for all road closures, the applicant shall coordinate the road closure approval
					 process with the District Permit Officer. Any road closure shall be approved,
					 in writing, by the Department's Executive Director.
8. This permit gives applicant permission for
					 only that work shown on the Department's right of way.
9. Any deviation from this permit shall
					 require approval from the Department.
10. No parking of vehicles or equipment
					 within the No Access Right Of Way.
11. Since this project is scheduled for
					 re-construction, the existing roadway and right of way are subject to
					 change.
12. Proposed right of way
					 and access road alignment shown on the permit is subject to change. The
					 conceptual plans are now in development by the Department. The actual location
					 of the proposed right of way and access road will be determined at a later
					 date.
13. The applicant is
					 responsible for any conflicts with existing utilities on the highway right of
					 way and is to secure permission from said utilities for any necessary
					 alterations, at the applicant's sole cost.
14. Usage meters and other appurtenances not
					 shown on this approved plan will not be permitted on the highway right of
					 way.
15. All debris is to be
					 removed from the right of way, stumps cut flush with ground, and any damage to
					 the right of way repaired immediately.
16. All signatures and notarizations must be
					 signed in black ink.
17. Any damage
					 to ponds, lakes, or land caused by this pipeline installation shall be the
					 responsibility of the applicant.
18. Applicant shall furnish all materials and
					 perform all work.
19. It is
					 understood and agreed that any encroachments on adjoining property owner(s)'
					 property shall be secured with easements from said property owner(s).
20. As a condition for the approval of this
					 permit application, the applicant may be required to perform additional items
					 of work not shown but necessary (due to unforeseen circumstances) to complete
					 the permitted work. Also, the applicant agrees to perform work as shown on this
					 application, make any necessary repairs of damages to the right of way, roadway
					 slopes, shoulders, or pavement, all to the satisfaction of the Commission and
					 to save the Commission harmless as to all claims arising from work performed
					 under this permit.
21. The
					 applicant shall keep the roadway free of dirt and debris at all
					 times.
22. The applicant is to give
					 the Department's District Permit Department forty-eight (48) hours (2 working
					 days) notice. Telephone numbers ____________, _____________,
23. It is expressly understood and agreed
					 that no trees or shrubs on the highway right of way will be cut or trimmed
					 except as shown on this application.
24. All drainage pipe or culvert is to be
					 laid to line and grades indicated by stakes set by the Department's District
					 office.
25. This permit is also
					 subject to approval by the relevant municipality.
26. This permit is also subject to approval
					 by the county or counties, if more than one (1) is involved.
27. At such time as service drives or
					 frontage roads are built at this location, the driveway or driveways will be
					 relocated to connect with the service drive or frontage road and will not
					 connect directly to the highway.
28. Any work done by the applicant on the
					 highway right of way shall be at his/her sole expense and may be utilized by
					 the Department of Transportation without payment.
29. All grading, landscaping, filling or
					 otherwise altering the ground conformation shall be done according to the terms
					 of the permit and all disturbed areas shall be re-sodded or seeded, fertilized,
					 and watered as directed by the District Engineer.
30. All trenches shall be backfilled and
					 thoroughly tamped in lifts not exceeding six (6) inches, each lift being
					 compacted to a density equal to or exceeding that of the adjacent
					 material.
31. The applicant agrees
					 to maintain the areas graded, trenched, ditched, or otherwise scarred for a
					 period of one (1) year after completion of all construction or until a sod
					 growth acceptable to the Department is established and bond in the amount of
					 $__________has been executed as a guarantee.
32. A condition for the approval of this
					 permit is that the applicant or applicants accepts all responsibility for
					 damages to other property and agrees to save the Department harmless for all
					 claims for all damages arising out of work performed under this
					 permit.
33. For Drainage Districts
					 or other Agencies for channel alterations at stream crossings where the
					 Commission has prior jurisdiction: "As a part of the consideration for the
					 granting of this permit, the applicant agrees to the following:
A. To promptly repair or to reimburse the
					 Department for the cost of repair of damage to bridges or other drainage
					 structures caused by the equipment operated by the applicant or its agents and
					 for damage to bridges or drainage structures caused by lowering of the flow
					 line of the drainage channel.
B. To
					 maintain the channel cross section on the highway right of way as shown and, in
					 the event of failure to do so, to reimburse the Department for the cost of
					 repair of damages, if any, to the highway bridges, drainage structures, and
					 other appurtenances.
C. That this
					 permit is for the purpose of the applicant performing his/her statutory duty
					 and is not to be construed as making the Department liable for changes in
					 drainage above, below or upon the highway right of way or in any manner or
					 degree liable for any damages."