North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0604 - CONDITIONS OF SELECTIVE VEGETATION REMOVAL PERMIT FOR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
The following apply to the conditions of selective
					 vegetation removal permit for facilities:
(1) Selected vegetation, within the approved
				  limits as set forth in Rule .0602(c) of this Section may be cut, thinned,
				  pruned, or removed by the permittee in accordance with the standards set out in
				  G.S.
				  136-133.4;
(2) The permittee shall furnish a Performance
				  Bond, certified check, or cashier's check made payable to North Carolina
				  Department of Transportation (NCDOT) for the sum of two thousand dollars
				  ($2,000). The Performance Bond, certified check, or cashier's check shall cover
				  all restoration of the right-of-way to the condition prior to the occurrence of
				  the damage caused by the permittee or the permittee's agent, if damage occurs
				  during the permitted selective vegetation removal. The Performance Bond,
				  certified check, or cashier's check shall be paid with the application before
				  each permit to cut vegetation is issued. The Performance Bond, certified check,
				  or cashier's check shall run concurrently with the permit. The Performance
				  Bond, certified check, or cashier's check shall be released after a final
				  inspection of the work by the Department reveals that all work provided for and
				  specified by the permit is found to be completed and, if damage is caused by
				  the permittee or the permittee's agent, all damages to the right-of-way,
				  including damage to fencing and other structures within the right-of-way, have
				  been repaired or restored;
(3)
				  Companies that plan to apply for two or more permits may provide continuing
				  bonds for the sum of one hundred thousand dollars ($100,000) and that type of
				  bond shall be kept on file by the Utilities Unit of the Department;
(4) If the work is to be performed by any
				  entity other than the permittee, either the permittee or the other entity shall
				  furnish the Performance Bond, certified check, or cashier's check, as described
				  in this Rule, for all work provided for and specified by the permit. Required
				  forms for all bonds are available upon request from the Department and may be
				  found on the NCDOT Selective Vegetation Removal website:
https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx
.
				  Bonds shall be furnished with the selective vegetation removal application
				  form, and to the official assigned to receive selective vegetation removal
				  applications at the local North Carolina Department of Transportation, Division
				  of Highways Office;
(5) The
				  permittee shall provide proof of liability insurance coverage of five million
				  dollars ($5,000,000). Whoever performs the work, the permittee, his or her
				  contractor, or agent, shall maintain workers' compensation and vehicle
				  liability insurance coverage. The permittee, his or her contractor, and agent
				  shall be liable for any losses due to the negligence or willful misconduct of
				  his or her agents, assigns, and employees. The permittee, in lieu of providing
				  proof of liability insurance as described in this Item, may be shown as an
				  additional insured on the general liability policy of the approved contractor
				  or agent to perform the permitted work if the contractor or agent's policy
				  provides five million dollars ($5,000,000) in coverage, and the permittee
				  provides the Department with proof of the coverage. The permittee, contractor,
				  or agent providing the coverage shall also name the Department as an additional
				  insured on its general liability policy, and provide the Department with a copy
				  of the certificate showing the Department named as an additional insured. The
				  required limit of insurance may be obtained by a single general liability
				  policy, the combination of a general liability and excess liability, or an
				  umbrella policy;
(6) The permittee
				  shall provide a document verifying the requested selective vegetation removal
				  site location in relationship to corporate limits of a municipality. The
				  document shall be a current geographic information system map of the nearest
				  municipality, with color-coded boundary lines, a corresponding key or legend
				  indicating corporate limits and territorial jurisdiction boundaries, and
				  indicating the precise location of the business facility. The permittee shall
				  also provide the property tax identification number for the parcel where the
				  facility is located. The Department may require additional information if the
				  boundary or facility location remains in question;
(7) Access from the highway main travel way
				  shall be allowed only for surveying or delineation work in preparation for and
				  processing of an application for a selective vegetation removal
				  permit;
(8) The permittee shall
				  perform site marking of the maximum vegetation cut or removal zone. The
				  applicant shall mark the permitted cutting distances according to Rule .0602(c)
				  of this Section. The two maximum points along the right-of-way boundary (or
				  fence if there is a control of access fence) shall be marked with visible
				  flagging tape. The two maximum points, corresponding to the beginning point and
				  the ending point along the edge of the pavement of the travel way,
				  perpendicular to the maximum points marked along the right-of-way boundary,
				  shall be marked with spray paint. If the facility is located next to an
				  acceleration or deceleration ramp, the two corresponding maximum points shall
				  be marked along the edge of the pavement of the travel way of the ramp instead
				  of the mainline of the roadway;
(9)
				  The permittee shall perform tagging of trees. The permittee shall tag with
				  visible material or flagging any trees that screen the facility from view, have
				  been requested to be cut, thinned, pruned, or removed within the maximum
				  vegetation cut or removal zone, and have a diameter of four or more caliper
				  inches, as measured at six inches above the ground and at the time of the
				  application. Trees tagged for cutting, thinning, pruning, or removal shall
				  match the trees shown on the required sketch of the requested vegetation cut or
				  removal zone;
(10) The Department
				  may disapprove the requested cutting, thinning, pruning, or removal of selected
				  trees that do not screen the facility from view from the roadway, and have a
				  diameter of four or more caliper inches, as measured at six inches above the
				  ground, at the time of the application. The Department shall make this
				  determination by allowing selective thinning of tree density that opens the
				  view to the facility or agritourism activities across the entire length of the
				  maximum cut or removal zone, without complete removal of all trees and other
				  vegetation. The Department shall disapprove cutting, thinning, pruning, or
				  removal of trees that may have been tagged in error. If trees are disapproved
				  for cutting, thinning, pruning, or removal, the Department shall specify those
				  trees to the applicant during the site review. The applicant shall remove the
				  tree flagging for the disapproved trees and submit to the Department, by
				  electronic means (including electronic mail or facsimile), an amended version
				  of the original sketch of the site, indicating the changes on the sketch,
				  initialing, and dating the changes thereon;
(11) If any cutting, thinning, pruning, or
				  removal of vegetation from any portion of the entirety of the maximum
				  vegetation cutting or removal zone is prohibited due to conservation easements,
				  conditions, other restrictions affecting the right-of-way to which the State is
				  subjected, written agreements, State or federal rules, regulations, statutes,
				  or permits, the permittee shall comply with applicable easements, rules,
				  regulations, statutes, or permits for those portions of vegetation:
(a) If applicable easements, rules,
				  regulations, statutes, or permits allow certain degrees and methods of cutting,
				  thinning, pruning, or removal for portions of vegetation, the permittee shall
				  comply with applicable easements, State or federal rules, regulations,
				  statutes, or permits, including equipment type specifications for those
				  portions of vegetation; and
(b)
				  Portions of the maximum cutting or removal zone not within an easement, nor
				  applicable to rules, regulations, statutes, or permits regulating vegetation
				  removal, and other activities shall be governed by standards set out in
				  G.S.
				  136-93;