94-42. Policies Concerning Encroachments.

Encroachments are required by the North Carolina Department of Transportation (NCDOT) for sewer lines

to be constructed on the NCDOT rights-of-way. In cases where the NCDOT will not grant an encroachment

to a private party (to construct a sewer force main in the NCDOT rights-of-way) without CCWSD signing

the encroachment as the second party, it is the policy of CCWSD to (1) require the private party to sign an

agreement to indemnify CCWSD for any expenses CCWSD incurs due to the encroachment; (2) require the

private party to sign the encroachment as the third party; and (3) after which CCWSD will sign the subject

encroachment as the second party. It is the intent hereof that the private party own the sewer force main and

bear all the expenses associated therewith. CCWSD will resolve problems identified by the NCDOT and

then recover any resulting costs from the private party.