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HomeMy WebLinkAboutState Hwy Access Permit R3 Traffic Section, Access Unit 222 S 6th St, Rm 100 Grand Junction, CO 81501 PH (970) 683-6284 FAX (970) 683-6290 R3 Traffic Section, Access Unit, 222 S. 6th Street, Rm 100, Grand Junction, CO 81501 PH (970) 683-6284 www.codot.gov <<<<< e-mailed >>>>> May 27, 2025 Permit No. 325043 Swansun Ventures, LLC 1120 East Pinewood Avenue Centennial, Colorado 80121 Dear Permittee: 1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments 2. If you ACCEPT the Permit and its Terms and Conditions (and are authorized to sign as legal owner of the property, or as an authorized representative), please complete the DocuSign process within 60 days of the transmittal date on the permit. Your signature confirms your agreement to all the listed Terms and Conditions. 3. If you fail to complete the DocuSign within 60 days, the Colorado Department of Transportation (CDOT) will consider this permit withdrawn. 4. You may use the PayPal link to pay for this permit or send a check or money order made payable to “CDOT” for the total amount due of $50.00 to our office. 5. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101, Pages 2 and 3 for an explanation of the appeal procedures. 6. As described in the additional attached Terms and Conditions, you must make a written request to obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right-of-Way without a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department of Transportation’s validation shall be considered a violation of State Law. If you have any questions please call Kandis Aggen, Asst. Access Manager, at (970) 683-6270 or Brian Killian, Region 3 Access Program Manager, at (970) 683-6284. If you choose to return the signed permit and/or check by mail, please send to: Region 3 Access Unit Attn: Kandis Aggen, Asst. Access Manager 222 S 6th St, Rm 100 Grand Junction, CO 81501 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 325043 State Highway No / Mp / Side 082A / 9.369 / Left Permit Fee $50.00 Date of Transmittal 05/27/2025 Region / Section / Patrol / Name 3 / 02 / 2K12 Melissa DeAndrea Local Jurisdiction Carbondale The Permittee(s): Swansun Ventures, LLC 1120 East Pinewood Avenue Centennial, Colorado 80121 (720)244-7577 The Applicant(s): , is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the east side of Highway 82 A frontage road, approximately 1,817 feet south of milepost 9 and 2,140 feet north of Aspen Glen entrance Access to Provide Service to: (Land Use Code) (Size) (Units) 1097 - Agricultural Field Approach Less than 1 trip/Day DHV Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Jorge Centino 2K2 with the Colorado Department of Transportation, at (970) 309-3338 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Signature: Print Name Date Co-Permittee Signature: (if applicable) Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature Print Name Title Date (of issue) Copy Distribution: Required: 1.Region 3.Staff Access Section 2.Applicant 4.Central Files Make copies as necessary for: Previous editions are obsolete and may not be used Local Authority Inspector Page 1 of 3 CDOT Form #101 5/07 MTCE Patrol Traffic Engineer \s1\ \n1\ \d1\ \s2\ \n2\ \t2\ \d2\ Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Mark L. Swanson 5/30/2025 | 8:30 AM MDT 6/4/2025 | 2:04 PM MDTAccess ManagerBrian Killian State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department’s internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. \i1\ Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42- 4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors-in-interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 \i1\ Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 27, 2025 PERMIT No. 325043 Permittee(s): Swansun Ventures, LLC Location: Garfield County on CO Highway 082A Frontage, near Mile Ref. Pt. 9.369 Left 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), hereafter referred to as the “Access Code”, and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, modifications, the type of traffic using the access or 20% increase in volume to the access shall require a new application and coordination with Colorado Department of Transportation, hereafter referred to as “CDOT”. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. This permit replaces any and all additional access permits that may be in existence for this access. 3. This permit is for an as-constructed Agricultural Field Access and Parcel # 239320200108 4. The wildlife fence (gate) must stay closed at all times. 5. Any future change in use will require a new permit and may require the gate to change to a deer guard or similar per CDOT Standards. 6. The total traffic volume shall be less than 1 DHV (Design Hourly Volume). 7. This access shall have a full-turning movement. 8. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearance. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 9. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department’s standard specifications. 10. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43- 3-102—including, but not limited to, restricting left hand turns by construction of physical medial separations. 11. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. It is the sole responsibility of the Permittee to trim and/or remove vegetation (i.e.: weeds, grass, shrubs and trees) to maintain adequate sight distance. 12. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of this permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas, the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 27, 2025 PERMIT No. 325043 Permittee(s): Swansun Ventures, LLC Location: Garfield County on CO Highway 082A Frontage, near Mile Ref. Pt. 9.369 Left has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 13. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 14. Any current or proposed cattle guard shall be maintained fully within the property boundaries and all repairs are the sole responsibility of the property owner. 15. Backing maneuvers within and onto the state highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in a forward movement. Backing into the right-of-way shall be considered a violation of the Terms and Conditions of the Access Permit and may result in the revocation of the permit by CDOT and/or Issuing Authority. 16. The Permittee assumes responsibility for any and all easements that are associated with this access. If an easement is part of this access permit, CDOT shall not be liable for incorrect information in the easement documentation and it’s the permittees responsibility to ensure all applicable laws and regulations have been followed. Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation July 2020 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive—additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT: Please Review The Following Information Carefully – Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies. CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE): General Information – (303) 692-2000 Water Quality Control Division (WQCD): (303) 692-3500 Environmental Permitting Website https://www.colorado.gov/pacific/cdphe/all-permits • CDOT Water Quality Program Manager: (303) 512-4053 https://www.codot.gov/programs/environmental/water-quality • CDOT Asbestos Project Manager: (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-5216 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (Northeastern CO), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Colorado.aspx Sacramento District (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/Missions/Regulatory.aspx Albuquerque District (Southeastern CO), Pueblo Office (719) 543-9459 http://www.spa.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.gov/business/permits Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat requires special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, http://www.codot.gov/programs/environmental/wildlife/guidelines, or the Colorado Parks and Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified (https://www.historycolorado.org/file-access; 303-866-5216). Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Paleontological Resources - The level of effort required for paleontological resources is dependent on the amount of ground disturbance, including rock scaling, digging, trenching, boring, ground leveling, and similar activities. • If the permit will involve extensive ground disturbance (generally involving more than one mile of CDOT ROW), a full review will be required by a qualified paleontologist, including map, file, and locality searches, with final recommendations provided by the CDOT paleontologist upon receipt of the report. Based on results of the review, a survey or inventory of the permit area may be necessary. • If the permit will involve a small amount of ground disturbance (less than one mile of ROW), the applicant must request a fossil locality search through the University of Colorado Museum of Natural History (https://www.colorado.edu/cumuseum/research- collections/paleontology/policies-procedure) and the Denver Museum of Nature and Science (https://www.dmns.org/science/earth-sciences/earth-sciences-collections/). The museum collections manager will provide information about localities in the project area. If there are no known localities, the permit requirement for paleontology is complete upon submitting that information to CDOT. If there are known localities, the CDOT paleontologist will be contacted by the museum with details, and additional recommendations will be made if necessary. Note that museum staff are not required to disclose the details of fossil localities to the permit applicant, nor is detailed locality information required for the permit application to proceed. • If the permit does not involve ground disturbance, no action is required for paleontological resources. If fossils are encountered during the permitted action, all work in the immediate area of the find should stop and the CDOT Staff Paleontologist and the Region Environmental Manager should be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: See the museum websites listed above. The CDOT Paleontologist is not able to conduct locality searches independently. For further information contact CDOT Paleontologist Nicole Peavey at nicole.peavey@state.co.us or (303) 757-9632. Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation July 2020 Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company’s own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Information: Theresa Santangelo-Dreiling, CDOT Hazardous Materials Management Supervisor: (303) 512-5524. Asbestos Containing Materials, Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division’s (APCD) Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division’s (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 949-2729, or Theresa Santangelo-Dreiling, Hazardous Materials Management Supervisor: (303) 512-5524. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra- state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material – 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Clean Water Act section 404 permits are often required for the discharge of dredged or fill material into waters of the U.S., including wetlands. Several types of section 404 permits exist, including nationwide, regional general, and individual permits. Nationwide permits are the most commonly authorized type for activities with relatively minor impacts. If an individual 404 permit is required, section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Working on or in any stream or its bank - In order to protect and preserve the state’s fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5’ quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project measured by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at https://www.codot.gov/programs/environmental/wildlife/guidelines. Erosion and Sediment Control Practices - Any activities that disturb one or more acres of land require a Stormwater Construction Permit (SCP) from the CDPHE-WQCD. Erosion & sediment control requirements will be specified in that permit. In situations where a stormwater permit is not required, all reasonable erosion and sediment control measures should be taken to minimize erosion and sedimentation. Control practices should be in accordance with CDOT Standard Specifications 107.25, 208, 213 and 216 (https://www.codot.gov/business/designsupport/cdot-construction-specifications). The CDOT Erosion Control and Stormwater Quality Guide (website: https://www.codot.gov/programs/environmental/landscape-architecture/erosion-storm-quality) can also be used to design erosion/sediment controls. Contact Information: Contact the CDPHE-WQCD at (303) 692-3500. Website: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits Site Stabilization - All disturbances require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications 212-217 and 623. The CDOT Erosion Control and Stormwater Quality Guide should also be used to plan restoration of disturbed vegetation. Website: https://www.codot.gov/programs/environmental/landscape- architecture/erosion-storm-quality Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from certain types of industrial facilities, such as concrete batch plants - require a CDPS Stormwater Permit. Contact Information: Contact the CDPHE-WQCD at (303) 692- 3500. Website: https://colorado.gov/pacific/cdphe/wq-commerce-and-industry-permits Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall be in accordance to CDOT specifications and guidelines at https://www.codot.gov/business/designsupport/cdot-construction-specifications and refer to the specifications and their revisions for sections 101, 107 and 208. Construction Dewatering (Discharge or Infiltration) and Remediation Activities - Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering or Remediation Activities Discharge Permit. Contact Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation July 2020 Information: Contact the CDPHE-WQCD at (303) 692-3500. For Applications and Instructions: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits. Municipal Separate Storm Sewer System (MS4) Requirements - When working in a MS4 area, discharges to the storm sewer system are subject to CDOT’s or other municipalities’ MS4 Permit. For activities within the boundaries of a municipality that has a MS4 permit, the owner of such activity should contact the municipality regarding stormwater related requirements. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act, the Water Quality Control Commission (WQCC) Regulations (https://www.colorado.gov/pacific/cdphe/wqcc-regulations-and-policies-and-water-quality-statutes) and the CDOT MS4 Permit #COS-000005 (https://www.codot.gov/programs/environmental/water-quality/documents). Discharges are subject to inspection by CDOT and CDPHE. For CDOT-related MS4 programs and requirements, go to: https://www.codot.gov/programs/environmental/water-quality/stormwater-programs. Post-Construction Permanent Water Quality - When working in a CDOT MS4 area and the activity disturbs one or more acres, permanent water quality control measures may be required. Information on the requirements can be found under the CDOT Permanent Water Quality MS4 Program at: https://www.codot.gov/programs/environmental/water-quality/stormwater- programs/pwq-permanent-water-quality Discharges to Storm Sewer Systems Prohibited Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Allowable Discharges - The following discharges to stormwater systems are allowed without a permit from the CDPHE-WQCD: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Contact Information: Contact the CDPHE-WQCD at (303) 692-3500. Information can also be found in the CDOT Illicit Discharge MS4 Program PDD at: https://www.codot.gov/programs/environmental/water-quality/stormwater-programs/idde.html. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4426 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. More information can be found at https://www.colorado.gov/pacific/cdphe/emergency-reporting-line. Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as “discharges” or “solid wastes,” and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact CDPHE (telephone #’s listed above). Noxious Weeds and Invasive Species Management Plan - Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https://www.colorado.gov/pacific/agconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Pages/RS-NoxiousWeeds.aspx). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4   CD O T  ha s  a Mu n i c i p a l  Se p a r a t e  St o r m  Se w e r  Sy s t e m  pe r m i t ,   ot h e r w i s e  kn o w n  as  (M S 4 )  fr o m  th e  Co l o r a d o  De p a r t m e n t  of   Pu b l i c  He a l t h  an d  En v i r o n m e n t .    Th e  pe r m i t  st a t e s  th a t  on l y   st o r m w a t e r  ca n  be  di s c h a r g e d  fr o m  CD O T ’ s  st o r m  dr a i n  sy s t e m   As  pa r t  of  th e  pe r m i t ,  CD O T  ha s  se v e r a l  di f f e r e n t   pr o g r a m s  to  pr e v e n t  po l l u t a n t s  fr o m  en t e r i n g  in t o   th e  st o r m  dr a i n  sy s t e m :   Co n s t r u ct i o n  Si t e  Pr o g r a m   Ne w  De v e l o p me n t  Re d e v e l o p m e n t  Pr o g r a m   Il l i c i t  Di s c h a r ge  Pr o g r a m   In d u s t r i a l  Fa c i l i ti e s  Pr o g r a m   Pu b l i c  Ed uc a t i o n  an d  Ou t r e a c h  Pr o g r a m   Po l l u t i o n  Pr e v e n t i o n  an d Go o d  Ho u s e k e e p i n g   Pr o g r a m   We t  We a t he r  Mo n i t o r i n g  Pr o g r a m    Wh a t  is  st o r m w a t e r  run o f f ?   St o r m w a t e r  ru n o f f  oc c u r s  wh e n  pr e c i p i t a t i o n  fr o m  ra i n  or  sn o w m e l t   fl o w s  ov e r  th e  gr o u n d .  Im p e r v i o u s  su r f a c e s  li k e  ro a d s  an d  si d e w a l k s   pr e v e n t  st o r m w a t e r  fr o m  na t u r a l l y  so a k i n g  in t o  th e  gr o u n d Wh y  is  st o r m w a t e r  ru n o f f  a pr o b l e m ?   St o r m w a t e r  ca n  pi c k  up  de b r i s ,  ch e m i c a l s ,  di r t  an d  ot h e r   po l l u t a n t s  an d  fl o w  in t o  CD O T ’ s  st o r m  dr a i n  sy s t e m  or  di r e c t l y   in t o  a st r e a m ,  ri v e r ,  la k e ,  we t l a n d  or  re s e r v o i r .  An y t h i n g  th a t   en t e r s  CD O T ’ s  st o r m  dr a i n  sy s t e m  is  di s c h a r g e d  un t r e a t e d  in t o   th e  wa t e r w a y s  we  us e  fo r  fi s h i n g ,  sw i m m i n g ,  an d  pr o v i d i n g   dr i n k i n g  wa t e r . Fo r  mo r e  in f o rm a t i o n  on  CD O T  Ut i l i t y   Pe r m i t s :    ht t p s : / / w w w . c o d o t . g o v / b u s i n e s s / p e r m i t s / u t i l i t i e ss p e c i a l u s e   Fo r  mo r e  in f o r m a t i o n  on  CD O T  Ac c e s s   Pe r m i t s :   ht t p s : / / w w w . c o d o t . g o v / b u s in e s s / p e r m i t s / a c c e s s pe r m i t s   Fo r  mo r e  in f o r m a t i o n  on  CD O T  Wa t e r  Qu a l i t y   Pr o g r a m :   Wa t e r  Qu a l i t y  Pr o g r a m  Ma n a g e r   42 0 1  E.  Ar k a n s a s  Av e .                        Sh u m a t e  Bu i l d i n g   De n v e r ,  Co l o r a d o  80 2 2 2   30 3 ‐75 7 ‐93 4 3   Wa t e r Q u a l i t y P r o g r a m In d u s t r i a l F a c i l i t i e s Pr o g r a m Dr e d g e d  sp o i l ,  di r t ,  sl u r r y ,  so l i d  wa s t e ,  in c i n e r a t o r   re s i d u e ,  se w a g e ,  se w a g e  sl u d g e ,  ga r b a g e ,  tr a s h ,   ch e m i c a l  wa s t e ,  bi o l o g i c a l  nu t r i e n t ,  bi o l o g i c a l   ma t e r i a l ,  ra d i o a c t i v e  ma t e r i a l ,  he a t ,  pH ,  wr e c k e d  or   di s c a r d e d  eq u i p m e n t ,  ro c k ,  sa n d , an y  in d u s t r i a l ,   mu n i c i p a l ,  or  ag r i c u l t u r a l  wa s t e . Ti p s  fo r  Re p o r t i n g  an  Il l i c i t  Di s c h a r g e Ca l l  th e  il l ic i t  di s c h a r g e  ho t l i n e  at  (3 0 3 )  51 2 ‐44 2 6   Fr o m  a sa f e  di s t a n c e  tr y  to  es t i m a t e  th e  am o u n t  of   th e  di s c h a r g e . Id e n t i f y  ch a r a c t e r i s t i c s  of  th e  di s c h a r g e  (c o l o r ,  od o r ,   al g a e ,  et c . ) . Ob t a i n  in f o r m a t i o n  on  th e  ve h i c l e  du m p i n g  th e   wa s t e  (i f  ap p l i c a b l e ) . Do  no t  ap p r o a c h ! Ca l l  *C S P  fo r  il l i c i t  du m p i n g . If  po s s i b l e ,  ta k e  a ph o t o ,  re c o r d  a li c e n s e  pl a t e .   RE M E M B E R :   Ne v e r  ge t  to o  cl o s e  to  th e  il l i c i t  di s c h a r g e ,  it  ma y   be  da n g e r o u s ! ! !   Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 In d u s t r i a l  Fa c i l i t i e s  Pr o g r a m  El e m e n t s :   1. Ed u c a t e  an d  ou t r e a c h  to  ow n e r s or  op e r a t o r s  th a t  ha v e  po t e n t i a l  to co n t r i b u t e  su b s t a n t i a l  po l l u t a n t  to wa t e r . 2. Re p o r t  an d  in c l u d e  in f o r m a t i o n  on di s c h a r g e  an d  wa t e r  qu a l i t y co n c e r n s .  Pr o v i d e  wr i t t e n no t i f i c a t i o n  wi t h i n  15  da y s  of di s c o v e r y  to  CD P H E . 3. Su b m i t  an  an n u a l  re p o r t  to  CD P H E co n t a i n i n g  th e  nu m b e r  of in f o r m a t i o n a l  br o c h u r e s di s t r i b u t e d ;  na m e  an d  ti t l e  of  ea c h   in d i v i d u a l  tr a i n e d .   Ed u c a t i o n   Th e r e  ar e  in s t a n c e s  wh e n  a ut i l i t y   co m p a n y  or  ot h e r  en t i t y  do i n g  wo r k  in  th e   st a t e  hi g h w a y  ri g h t ‐of ‐wa y  wi l l  re q u i r e   so m e  ty p e  of  en v i r o n m e n t a l  pe r m i t  or   cl e a r a n c e  fo r  th a t  wo r k .  CD O T  ha s  pu t   to g e t h e r  an  En v i r o n m e n t a l  Cl e a r a n c e s   In f o r m a t i o n  Su m m a r y  fo r  th o s e  ap p l y i n g   fo r  a CD O T  Ut i l i t y  an d  Sp e c i a l  Us e  Pe r m i t   or  Ac c e s s  Pe r m i t  to  ob t a i n  al l  re q u i r e d   cl e a r a n c e s .  Th i s  fa c t  sh e e t  is  gi v e n  to  ea c h   pe r m i t t e e  an d  is  av a i l a b l e  at : ht t p : / / w w w . c o l o r a d o d o t . i n f o / p r o g r a m s / en v i r o n m e n t a l / r e s o u r c e s / g u i d a n c e - st a n d a r d s / E n v i r o n m en t a l % 2 0 C l e a r a n c e s % 20 I n f o % 2 0 S u m m a r y . p d f   In d u s t r i a l  fa c i l i t i e s  ca n  us e  co n t r o l  me a s u r e s  (C M )   ot h e r w i s e  kn o w n  as  Be s t  Ma n a g e m e n t  Pr a c t i c e s   (B M P )  du r i n g  th e  co n s t r u c t i o n  of  a fa c i l i t y  an d  wh e n   op e r a t i n g  th e  fa c i l i t y .  Co n t r o l  me a s u r e s  ar e  sc h e d u l e s   of  ac t i v i t i e s ,  ma i n t e n a n c e  pr o c e d u r e s ,  an d  ot h e r   ma n a g e m e n t  pr a c t i c e s  to  pr e v e n t  an d  re d u c e   po l l u t i o n  en t e r i n g  in t o  CD O T ’ s  st o r m  dr a i n  sy s t e m .   Co n t r o l  Me a s u r e s  al s o  in c l u d e  tr ea t m e n t ,  op e r a t i n g   pr o c e d u r e s ,  an d  pr a c t i c e s  to  co n t r o l  si t e  ru n  of f   wh i c h  ca n  in c l u d e  st r u c t u r a l  an d  no n ‐st r u c t u r a l   co n t r o l s .    Co n t r o l  Me a s u r e s   fo r  In d u s t r i a l   Fa c i l i t i e s   CD O T  de f i n e s  a ut i l i t y ,  or  ut i l i t y  fa c i l i t y  as  an y   pr i v a t e l y ,  pu b l i c l y ,  or  co o p e r a t i v e l y  ow n e d   li n e ,  fa c i l i t y ,  or  sy s t e m  pr o d u c i n g ,  tr a n s m i t t i n g   or  di s t r i b u t i n g  th e  fo l l o w i n g :    Co m m u n i c a t i o n s  Ca b l e  te l e v i s i o n  Po w e r  El e c t r i c i t y  Li g h t  He a t  Ga s  Oi l  Cr u d e  Pr o d u c t s  Wa t e r  St r e a m  Wa s t e  St o r m w a t e r n o t  co n n e c t e d  wi t h  hi g h w a y  dr a i n a g e  Si m i l a r  Co m m o d i t y Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4                                            Pe r m i t # 3 2 5 9 4 3 Mi l e p o s t 9 . 3 6 9 AS I S A c c e s s Pe r m i t # 3 2 5 0 4 2 Mi l e p o s t 9 . 1 6 0 Fi e l d A c c e s s Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4 Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4