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9 <br />All work shall be performed in accordance with Departmental procedures and guidelines. Said <br />documentation shall be submitted to the Department for review and approval. <br />^ The County shall be responsible for preparing and filing with all proper agencies the <br />appropriate planning documents, including notices and applications required to apply for <br />those permits necessary for the construction of the desired improvements. Copies of <br />approved permits should be forwarded to the Department. <br />^ The County shall advertise and conduct any required public hearings. <br />^ If any permit issued requires that action be taken to mitigate impacts associated with the <br />improvements, the County shall design and implement a mitigation plan. The Department <br />will determine if any mitigation costs are eligible for reimbursement. The County shall <br />bear all costs associated with penalties for violations and claims due to delays. <br />^ The County shall be responsible for designing an erosion control plan if required by the <br />North Carolina Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4, <br />incorporated in this Agreement by reference at <br />www.ncle4.net/Qascripts/Statues/Statutes.asp and obtaining those permits required <br />thereby in order to construct the Project. During the construction of the improvements, <br />the County, and its contractors and agents, shall be solely responsible for compliance <br />with the provisions of said Act and the plan adopted in compliance therewith. <br />9. DESIGN <br />CONTENT OF PLAN PACKAGE <br />The County, and/or its agent, shall prepare the Project's plans, specifications, and a professional <br />estimate of costs (PS&E package), in accordance with the Department's guidelines and <br />procedures, and applicable Federal and State standards. All work shall be submitted to the <br />Department for review and approval. The plans shall be completed to show the design, site <br />plans, landscaping, drainage, easements, and utility conflicts. <br />10. RIGHT OF WAY /UTILITY AUTHORIZATION <br />If the costs of right of way acquisition or utility relocation are an eligible expense, the County shall <br />submit a letter of request to the Department to authorize and set up right of way and/or utility <br />funding. The acquisition for right of way, construction easements, and/or utility relocation may be <br />undertaken only after the County receives written authorization from the Department to proceed. <br />Agreement ID # 446 <br />