19A NCAC 02D .0704      APPLICATION PROCEDURES

Application for intermittent road closing shall be submitted to the Chief Engineer in the form of a resolution from the requesting agency and must include the following information plus any additional supportive data the agency deems pertinent to the request:

(1)           county where the road(s) is(are) located;

(2)           secondary road(s) to be affected by flooding (number and local name);

(3)           a plan and profile sheet of the affected secondary road(s) indicating the 5, 10, 25, 50 year and maximum flood stage elevations.  The duration of flooding shall also be indicated showing the total time the roadway surface will be inundated for each storm frequency;

(4)           a statement that the applicant will reimburse the North Carolina Department of Transportation for all damages by reason of the flooding of the highway right of way;

(5)           a statement that the applicant shall be responsible for all damages, by reason of the flooding, to any public utilities upon the highway right of way; and

(6)           a request that a permit be granted to the applicant agency to allow the intermittent closing of the road.

History Note:        Authority G.S. 136-64.1(a); 136-64.1(b);

Eff. July 1, 1978;

Amended Eff. December 1, 2012; October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.