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
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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(CDOT) will consider this permit withdrawn.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
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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.
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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
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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.
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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
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Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4
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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
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3
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Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4
Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4
Docusign Envelope ID: 5673F224-DC2B-40E4-B6E1-D57752E8B5F4