Section 415-5-004 - GRADE SEPARATION STRUCTURES004.01 A project for construction, rehabilitation, relocation or modification of a highway-rail grade separation structure may be considered by the Department after completion of a Grade Separation Study.004.02 Grade separation studies may include, but are not limited to the following factors and considerations:004.02D Accident history.004.02E Nearby development.004.02F Adjacent crossings.004.02H School locations and school bus routes.004.02I Hospital locations.004.02J Police and fire stations.004.02K Project location.004.02M Pedestrian traffic patterns.004.02N Project structure profile showing touchdown to touchdown.004.02O Need for any additional right of way and any relocation expenses.004.02P Effect of the location of the structure on the community.004.02Q Roadway approach speed.004.02R Roadway approach angle.004.02S Local support and funding.004.02T Railroad support and funding.004.03 Based upon the study and availability of funding, the Department shall determine whether the location is eligible for expenditure of State or Federal grade separation funds.004.04 Funding of new grade separation structures shall require completion of the following process: 004.04A The Department shall identify potential locations for new grade separation structures based upon exposure factor, crash costs, elimination of vehicular delay and other appropriate factors. A minimum exposure factor of 50,000 for a single crossing shall be required for identification as a potential location. The Department may, in its sole discretion, waive the 50,000 exposure factor requirement when justified based upon the combined exposure factor, crash costs and elimination of vehicular delay at multiple crossings in a corridor.004.04B The Department shall select locations for a Preliminary New Grade Separation Study to be completed by the Department or the political subdivision. The Preliminary New Grade Separation Study shall include a review of reasonable alternative locations for the grade separation structure, associated closures and other improvements to crossings within the corridor considering the applicable factors from the list set forth in Section 004.02. 004.04B1 If a political subdivision requests a Grade Separation Study for a crossing on the State Highway System, the Department, political subdivision and railroad company or railroad track owner or both shall complete an Agreement for Cost Sharing and Closures associated with the construction of the grade separation prior to the study being performed.004.04B2 When a political subdivision completes a Grade Separation Study of a crossing not located on the State Highway System, to be constructed using state or federal funding, the Department, political subdivision and railroad company or railroad track owner or both shall complete an Agreement for Cost Sharing and Closures associated with the construction of the grade separation, prior to the construction of the grade separation structure. The political subdivision is responsible for the costs of the study and for the cost of preliminary and final design of any grade separation structure to be constructed.004.04C Locations for which a Preliminary New Grade Separation Study has been completed may be selected by the Department for a Detailed New Grade Separation Study which shall consider the applicable factors from the list set forth in section 004.02 in greater detail.004.04D Locations for which projects have previously been considered and deemed by the Department to be physically or practically not feasible, or locations that were studied previously and for which a potential project was rejected by the political subdivision, may be eliminated from consideration at any time during this process.004.05 A new grade separation project will require closing a minimum of two public at-grade crossings: one at or near the location of the structure and one or more others as selected and approved by the Department and the political subdivision. 004.05A Exceptions to the conditions of 004.05 may be granted only upon a finding of unique or unusual circumstances by the Director or Deputy Director-Engineering of the Nebraska Department of Roads.004.06 The feasibility of a railroad-pedestrian grade separation structure within the community will be considered based upon need and an agreement between the political subdivision and the Department.415 Neb. Admin. Code, ch. 5, § 004