St. Louis County OneGov

Permittee - The party issued the approved Right-of-Way (Utility) Permit.
 
Utility - All privately, publicly, or cooperatively owned facilities that provide communications, or distribution of electrical energy, oil, gas, water, sewer, steam, or other structures which under the laws of the state of Minnesota or the ordinance of any village or city may be constructed, placed or maintained across, along or on county highway right-of-way.
 
County Highway - A county-state-aid-highway (CSAH), county road (CR) or unorganized township road (UT) that is under the ownership of St. Louis County.
 
Right-of-Way - The area designated for use by the county highway. Right-of-way may be prescriptive easement, recorded easement or fee-owned.

Work shall not begin until the permit is approved. A printed or electronic copy of the approved St. Louis County Right-of-Way (Utility) permit must be on the work site when workers are present. Absence of the permit on the work site may result in the project being suspended. All work shall conform to the current edition of the Minnesota Department of Transportation (MnDOT) Standard Specifications for Construction, MnDOT Road Design Manual, MnDOT Bicycle Facility Design Manual, and the Minnesota Manual on Uniform Traffic Control Devices. Temporary traffic control shall comply with the current edition of the Minnesota Temporary Traffic Control Field Manual. Traffic is to be maintained at all times unless specified in the permit or approved by St. Louis County. All persons performing authorized work within the county highway right-of-way shall be required to wear a High Visibility Safety Garment that meets are exceeds ANSI/ISEA 107-2004 Standards for a Class 2 garment for daytime hours and a Class 3 garment with pants for nighttime hours or low light conditions. In addition, all persons shall be required to wear a high visibility soft cap or ANSI Z 89 approved hard hat while working within the county highway right-of-way. If Permittee is found to be non-compliant with any of the terms specified herein, with the permit special provisions, or with any additional directives by the St. Louis County Highway Engineer, St. Louis County reserves the right to suspend the work or revoke the permit. The permit will expire at one year from the date of approval if no work has occurred. The permit fee will not be refunded for expired permits. Location of subsurface utilities must be located before excavating by contacting Gopher State One Call at 1-800-252-1166 or www.gopherstateonecall.org. Permittee must submit a request for inspection through the online permit portal to schedule final inspection and approval of completed work. Failure to request inspection or properly restore the work site may result in the denial of future permit applications. Permittee shall obtain permits and licenses required by State and Federal laws and regulations. Securing of such licenses or permits shall be the responsibility of the Permittee. Permittee is specifically advised to consult with the Minnesota Pollution Control Agency to confirm if permits are required. A permit and other conditions may be required by a railroad company to cross railroad property. It is the responsibility of the Permittee to contact the railroad company and determine what permit may be required. A printed or electronic copy of all required permits and licenses shall be kept at the work site and be made available upon request by St. Louis County. Permittee shall observe and comply with all applicable State and Federal laws and regulations, orders and decrees of bodies and tribunals with lawful jurisdiction over the work site, and applicable local ordinances. The permit does not imply an easement or approval of access onto private property including railroad right-of-way. Any incursions or damage on private property shall be the sole responsibility of Permittee. If additional work is required outside of the right-of-way, an agreement with the private landowner must be in place prior to commencement of that work. A certified check or bond may be required by St. Louis County to ensure proper restoration of the work site. Permittee shall assume all liability for, and save St. Louis County, its agents and employees harmless from any and all claims for damages, actions or causes of actions arising out of its work. Any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of the employees or agents of Permittee, and any claims made by any third parties as a consequence of any act of said employees or agents, shall be the sole responsibility of Permittee. St. Louis County may complete roadway improvements at any time in the future that necessitate the relocation of utilities approved by this permit. The utility owner shall be responsible for any future utility relocation as a result of a St. Louis County roadway project. St. Louis County is not responsible for any costs associated with approved or unapproved work associated with this permit. By commencing work pursuant to this permit, Permittee expressly agrees to all terms and conditions contained herein.

Unless approved or specified otherwise by the permit, (1) all utilities shall be installed in the outer five feet of the right-of-way, (2) guy wires, stays or anchors shall be installed in the outer ten feet of the right-of-way, (3) utilities installed in parallel along the roadway shall not be installed in the shoulder, ditch in-slope or ditch bottom, (4) installation of utilities shall avoid culverts under the roadway or driveways, (5) the pavement surface shall not be disturbed, (6) installation of utilities under the roadway surface shall be completed by directional boring at a minimum depth of 36 inches, (7) the minimum depth of utilities outside the roadway surface shall be 24 inches, (8) trees greater than six inches in diameter at chest height shall not be removed or damaged, (9) stumps remaining from the removal of trees shall be removed, (10) the minimum clearance of aerial utilities over a county highway shall be 22 feet, (11) objects in the roadside area shall not be removed, relocated or damaged, (12) Permittee shall not deposit material on the traveled roadway, and (13) burning, disking operations and/or the use of chemicals to control or kill trees and other vegetation is prohibited. Permittee shall preserve all existing survey monuments. If St. Louis County determines that the Permittee has disturbed or damaged monuments during construction activities, the Permittee shall be responsible for all costs incurred in reestablishing the monuments. If the approved work will occur as part of or in support of a St. Louis County highway construction project, Permittee shall coordinate their work and not interfere with St. Louis County's contractor(s). Installation of new utilities shall not conflict with existing utilities or roadway functions. Restoration of pavement shall extend to the nearest longitudinal joint. Any pavement or soil stabilization failures (such as sinkholes, depressions or cracking) shall be restored to the original condition. Permittee is responsible for properly restoring the work site. If Permittee fails to restore the work site to the satisfaction of St. Louis County St. Louis County may cause the work to be completed at Permittee's expense.

Permittee shall ensure adequate Erosion Sediment Control (ESC) Best Management Practices (BMPs) are utilized for the permitted scope of the work. St. Louis County reserves the right to require corrective action related to ESC. If the Permittee fails to undertake corrective action within 24 hours of verbal notification, St. Louis County may report deficiencies to the Minnesota Pollution Control Agency (MPCA). Permittee is responsible for all costs associated with corrective action for ESC. If the project covered by this permit is located partially or entirely within the Greater Duluth Municipal Separate Storm Sewer System (MS4) area and has the potential to disturb one or more acres of land, including projects less than one acre that are part of a larger common plan of development or sale, then the project must comply with the MPCA's current Construction Stormwater General Permit (CSWGP), including, but not limited to, requirements pertaining to training and documentation. For projects that meet this threshold, a project-specific Stormwater Pollution Prevention Plan (SWPPP) must be attached to the St. Louis County Right-of-Way (Utility) permit application. Permittee must maintain a current SWPPP based upon field conditions throughout the life of the project. All fines or sanctions from the MPCA caused by Permittee's failure to comply with the CSWGP are the responsibility of Permittee. Permittee shall hold St. Louis County harmless for any fines or sanctions from MPCA caused by the Permittee's lack of compliance with the CSWGP. Any release of material that may cause pollution, may be environmentally damaging, may be hazardous, is petroleum based, or in the event of a pipeline break, must be reported by the Permittee to the State Duty Officer in accordance with Minnesota Statutes 115.061. In the event the State Duty Officer is notified, the Permittee shall also notify St. Louis County within 24 hours of occurrence of the discharge.