Section 37-1-7501-04002-1903The 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."34. A condition for approval of this permit is that the applicant maintains the frontage road as a public way.35. Applicant shall maintain access to existing driveways during all phases of construction.36. The applicant agrees to assume the responsibility for obtaining any and all necessary storm water permits from the Mississippi Department of Environmental Quality (MDEQ) prior to beginning any work on state maintained highway right of way. REFERENCES (All references herein to other materials are as to the most current version of that particular document.)
37 Miss. Code. R. § 1-7501-04002-1903