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DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A <br /> 45 <br /> ■ The Municipality shall be responsible for designing an erosion control plan if required by <br /> the North Carolina Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4, <br /> incorporated in this Agreement by reference at <br /> www.ncleg.net/gascripts/Statues/Statutes.asp and obtaining those permits required <br /> thereby in order to construct the Project. During the construction of the improvements, <br /> the Municipality, and its contractors and agents, shall be solely responsible for <br /> compliance with the provisions of said Act and the plan adopted in compliance therewith. <br /> 8. DESIGN <br /> CONTENT OF PLAN PACKAGE <br /> The Municipality, and/or its agent, shall prepare the Project's plans, specifications, and a <br /> professional estimate of costs (PS&E package), in accordance with the Department's guidelines <br /> and 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 /> 9. RIGHT OF WAY/ UTILITY AUTHORIZATION <br /> If the costs of right of way acquisition or utility relocation are an eligible expense, the Municipality <br /> shall 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 Municipality receives written authorization from the Department to <br /> proceed. <br /> 10.PROJECT LIMITS AND RIGHT OF WAY (ROW) <br /> The Municipality shall comply with the policies and procedures of this provision regardless of <br /> whether the Municipality is requesting reimbursement for the Right of Way phase of the Project. <br /> SPONSOR PROVIDES ROW <br /> The Municipality, at no liability whatsoever to the Department, shall be responsible for providing <br /> and/or acquiring any required ROW and/or easements for the Project. <br /> Agreement ID# 11619 8 <br />