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Home My WebLink AboutB06-0280 Rev. #3 & 5TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 j (4 970 - 479 -2138 OWNER BYRNE, RON 09/14/2006 285 BRIDGE ST VAIL CO 81657 APPLICANT BYRNE, RON 09/14/2006 285 BRIDGE ST VAIL CO 81657 ENGINEER MONROE- NEWELL ENGINEERS INC.09/14/2006 PO BOX 1597 AVON CO 81620 License: C000002150 CONTRACTOR R.A. NELSON 02/14/2007 Phone: 970 - 949 -7768 ARCHITECT RESORT DESIGN ASSOCIATION 09/14/2006 Phone: 970 - 949 -0899 PO BOX 6836 AVON CO 81620 License: C000002149 Desciption: Town of Vail Adjusted Valuation: MOUNTAIN VIEW RESIDENCES -NEW CONSTRUCTION OF A MULTILEVEL CONDO/ GARAGE. Revision Valuation: Occupancy Type Factor Sq Feet Valuation RESIDENTIAL /MULTFAM( ZONE 3 IIB 150.64 63,082 $9,502,672.48 STORAGE /LOW HAZ(S2) ZONE 3 IIB 98.55 48,037 $4,734,046.35 Totals... 63,082$34,000,000.00* 4,000,000.00 Fireplace Information: Restricted: Y N of Gas Appliances: 0 # of Gas Logs: 0 # of Wood Pellet: 0 ************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FEE SUMMARY ************************** * * * * * * * + * * * * * * * * * * * * * * * * * * * * * ** Building ------ > NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES $0.00 Total Calculated Fees --- > NEW MULTI -FAM BUILD PERM Permit # B06 -0280 Job Address: 442 S FRONTAGE RD WEST VAIL Status ...: ISSUED Location.....: APOLLO PARK Applied ..: 09/14/2006 S l i 1 Parcel No...: 210108246023 Issued . .. - 944Mf2007 } Legal Description: j �; • U Q `( "r' Expires . .: 07/25/2007 Project No.: OWNER BYRNE, RON 09/14/2006 285 BRIDGE ST VAIL CO 81657 APPLICANT BYRNE, RON 09/14/2006 285 BRIDGE ST VAIL CO 81657 ENGINEER MONROE- NEWELL ENGINEERS INC.09/14/2006 PO BOX 1597 AVON CO 81620 License: C000002150 CONTRACTOR R.A. NELSON 02/14/2007 Phone: 970 - 949 -7768 ARCHITECT RESORT DESIGN ASSOCIATION 09/14/2006 Phone: 970 - 949 -0899 PO BOX 6836 AVON CO 81620 License: C000002149 Desciption: Town of Vail Adjusted Valuation: MOUNTAIN VIEW RESIDENCES -NEW CONSTRUCTION OF A MULTILEVEL CONDO/ GARAGE. Revision Valuation: Occupancy Type Factor Sq Feet Valuation RESIDENTIAL /MULTFAM( ZONE 3 IIB 150.64 63,082 $9,502,672.48 STORAGE /LOW HAZ(S2) ZONE 3 IIB 98.55 48,037 $4,734,046.35 Totals... 63,082$34,000,000.00* 4,000,000.00 Fireplace Information: Restricted: Y N of Gas Appliances: 0 # of Gas Logs: 0 # of Wood Pellet: 0 ************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FEE SUMMARY ************************** * * * * * * * + * * * * * * * * * * * * * * * * * * * * * ** Building ------ > 126, 058.75 Restuarant Plan Review - -> $0.00 Total Calculated Fees --- > 271, 081.94 Plan Check --- > $81,938.19 Recreation Fee--------- - - - - -> $63,082.00 Additional Fees------ - - - - -> $240.00 Investigation -> $0.00 TOTAL FEES ------------- > 271, 081.94 Total Permit Fee ---------- > 271 321.94 Will Call - - - - -> $3.00 Payments ------------------- > 271, 321.94 BALANCE DUE --------- > $0 .00 Approvals: Item: 05100 BUILDING DEPARTMENT 12/05/2006 jplano Action: DN 01/15/2007 jplano Action: AP 03/29/2007 jplano Action: AP COMMENT LETTER SENT 10/16/06 Full Building Permit IR:3411; Staging plan stamped by TOV dated 03/14/2007. Additional $120 due for 2 hours plan review. 04/09/2007 JPLANO Action: PA Rev.4- IR #3621- Shop drawings submittal 1 Additional $0 04/30/2007 jplano Action: AP Approved Rev 3 and Rev 5, eliminated fireplaces, new entry details, revise flat roof detail, supplied boulder wall details, 2 hours of plan review due $120.00 Item: 05400 PLANNING DEPARTMENT 01/05/2007 George Action: AP 03/21/2007 George Action: PA This is a partial approval for a Construction Staging Plan and Trafic Control Plan, dated March 14, 2007 Item: 05600 FIRE DEPARTMENT 10/03/2006 mvaughan Action: DN Plans need to reflect the following: 1. Show ownership of fire staging 2. Record staging plat with county 3. Show signage plan 4. Show access to 2 fire hydrants /confirm adequate flow. 5.FDC at garage not shown. 6. FACP location not indicated. 7. FD access to top deck of parking deck not clear. 8. Pedestrian egress from parking garage to public way not clear. 9. show parking plan FA l.la illegible, not approved. FA l.lb standpipe to be located inside stairway. fpl.2b show firefighter access to facp. 12/27/2006 McGee Action: PA I have completed the review of the resubmittal for fire department issues. The results are as follows: 1. C 3.1 The 4% cross slope at the fire dept staging area is a concern. Fireflow requirements for the project requires two pumpers. Access to a second hydrant and staging are not clear. in 2. A 0.1 The trash room is not readily accessible nor is there a fire hose valve reasonable proximity. 3. L 1 & L 2 The fire department connections and fire hydrants are not shown. The landscape plan indicates the fire department connections and fire hydrants will be obstructed. 4. FP 1.2B & A 3.2 B need to be coordinated. Fire hose valves are to be sixty inches above finished floor, not six feet. 5. A 2.1B does not indicate the exit door from the garage. The concern is clearence. The garage exhaust fan is shown over the top of the fire command room. Adequate fire rating (2 hour) is required if this configuration exists or remains. 6. A 3.3B Gas meters are shown on the south side of the garage on this sheet only. NOTE: The gas meter locations are not consistent. Gas and electrical meters must be protected from snow and ice accumulation. Resubmit gas meter locations on a plan approved by Excell Energy. Provide elevations and site plan. 7. A 4.2 b Show roof access. 8. A 7.2 Provide fire rating on ployisocynatic insulation and method of attachment. Provide flame spread and flash point data if using mastic. 9. M 2.6 Show access past fans on roof. 10. E Series The fire alarm devices and locations on the electrical plans are rejected. Refer to FA series plans. 11. Provide stamped fire protection and fire alarm plans. 12. Provide specifications on gas log sets with make and model number to prove compliance with firebox manufacturers specifications and UL listings. 13.. FDC's in planter to not conform with FP plans or specifications. End 12/26/06 Item: 05500 PUBLIC WORKS 01/05/2007 CSalli Action: AP Sheet M -1: separate heat zones for heated walks in ROW Sheet L -1: Relocate proposed trees out of ROW and onto private property Sheet L -2: Remove note calling out proposed stone veneer retaining wall just west of proposed driveway Item: 05550 ENGINEERING CIVILS See page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, design review approved, International Building and Residential Codes and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTION SHALL BE MADE TWENTY -FOUR HOURS IN ADV CE BY T,ELEPH�NE AT 479 -2149 OR AT OUR OFFICE FROM 8:00 AM - 4 PM. OF OWNERkWC/tTfkACTOR FOR HIMSELF AND OWNEF PAGE 2 CONDITIONS Permit # B06 -0280 as of 05 -01 -2007 Status: ISSUED Permit Type: NEW MULTI -FAM BUILD PERM Applied: 09/14/2006 Applicant: BYRNE, RON Issued: 01/26/2007 To Expire: 07/25/2007 Job Address: 442 S FRONTAGE RD WEST VAIL Location: APOLLO PARK Parcel No: 210108246023 Description: MOUNTAIN VIEW RESIDENCES -NEW CONSTRUCTION OF A MULTILEVEL CONDO/ GARAGE. TOWN OF VAIL, COLORADO Statement Statement Number: R070000598 Amount: $240.00 05/01/200704:50 PM Payment Method: Check Init: DDG Notation: LUnar Vail LLC 3046 ----------------------------------------------------------------------------- Permit No: B06 -0280 Type: NEW MULTI -FAM BUILD PERM Parcel No: 2101 - 082 - 4602 -3 Site Address: 442 S FRONTAGE RD WEST VAIL Location: APOLLO PARK Total Fees: 271,321.94 This Payment: $240.00 Total ALL Pmts: 271,321.94 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PF 00100003112300, PLAN CK - project GFP012 240.00 TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD VAIL, CO 81657 970 - 479 -2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES NEW MULTI -FAM BUILD PERM Permit # B06 -0280 Job Address: 442 S FRONTAGE RD WEST VAIL , r "'.1PtC1'SJB Location.....: APOLLO PARK Applied..: 09/14/2006 Parcel No...: 210108246023 f r! Issued . .: 01/26/2007 Legal Description: Expires ..: 07/25/2007 Project No.: 271, 081.94 OWNER BYRNE, RON 09/14/2006 271, 201.94 285 BRIDGE ST $3.00 VAIL CO 81657 ��1� �' 0'� a APPLICANT BYRNE, RON 09/14/2006 P(;p 285 BRIDGE ST f 6 -1 VAIL CO 81657 ENGINEER MONROE - NEWELL ENGINEERS INC.09 /14/2006 Phone: 970 - 949 -7768 PO BOX 1597 Approvals: AVON CO 81620 License: C000002150 BUILDING DEPARTMENT 02/14/2007 ARCHITECT RESORT DESIGN ASSOCIATION 09/14/2006 Phone: 970 - 949 -0899 PO BOX 6836 COMMENT AVON CO 81620 License: C000002149 Desciption: Town of Vail Adjusted Valuation: 4,000,000.00 MOUNTAIN VIEW RESIDENCES -NEW CONSTRUCTION OF A MULTILEVEL CONDO/ GARAGE. Revision Valuation: Occupancy Type Factor Sq Feet Valuation RESIDENTIAL/MULTFAM( ZONE 3 IIB 150.64 63,082 $9,502,672.48 STORAGE/LOW HAZ(S2) ZONE 3 1113 98.55 48,037 $4,734,046.35 Totals... 63,082$34,000,000.00* 11 Fireplace Information: Restricted: Y # of Gas Appliances: 0 # of Gas Logs: 0 # of Wood Pellet: 0 ******** a***+** a**** s*****►***** *► * * *r * * *� *s * *r * * * * * * *r * * * * *t ** FEE SUMMARY *** r******** r** r*►**** *st *r * * * * * + * * * * * * * * * * * * * * * * + + ** Building ------ > 126, 058.75 Restuarant Plan Review - -> $0.00 Total Calculated Fees --- > 271, 081.94 Plan Check --- > $81,938.19 Recreation Fee--------- - - - - -> $63,082.00 Additional Fees------ - - - - -> $120.00 Investigation -> $0.00 TOTAL FEES ------------- > 271, 081.94 Total Permit Fee ---------- > 271, 201.94 Will Call - - - - -> $3.00 Payments ------------------- > 271, 081.94 Approvals: Item: 05100 BUILDING DEPARTMENT 12/05/2006 jplano Action: DN COMMENT LETTER SENT 10/16/06 w AGENCY Municipal Building Department Services 3/29/2007 Charlie Davis Chief Building Official, Town of Vail 75 South Frontage Road Vail, CO 81657 RE: PROJECT: PERMIT NUMBER: INTERNAL REF #: ADDRESS: Dear Mr. Davis: Mountain View #1306 -0280 3411 442 Frontage Road OFFICE iOvr Colorado Inspection Agency has completed a review of the following documents: Plans: Staging Plans r Fees 10 $ 80 $ 11 $ 181 $120.00 Total Permit Fee $ Plan Review Fee $ Hourly at $60 12 $120.00 Increase Valuation $ These documents were reviewed only for their conformance to the provisions of the 2003 International Building Code. Colorado Inspection Agency finds the documents submitted to be complete for construction and ready for issuance. Sinc ly, c� John Plano Plans Examiner / Senior Building Inspector Colorado Inspection Agency P.O. Box 1618 Eagle, CO 81631 -1618 (970)328 -1790 (877)428 -6412 iohn.plano(a)-coinspect.com Centennial Office: 12503 E. Euclid Drive, Suite 210 -Centennial, CO 80111 - (303) 734 -4567 -Fax (303) 708 -1'20 Firestone Office: 11409 Business Park Circle, Suite 350 - Firestone, CO 80504 - (303) 774 -1388 - Fax (303) 774 -"5 Windsor Office: 561 E. Garden Drive, Unit B - Windsor, CO 80550 - (970) 686 -7511 - 1- 800 -400 -1581 - Fax (970) 686 -9248 Eagle Office: 1286 Chambers Avenue, Suite 101 - Mailing Address: P.O. Box 1618 - Eagle, CO 81631 -1618 - (970) 328 -1790 - Fax (970) 328 -1791 STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246 -1530 Phone (303) 692 -2000 TDD Line (303) 691 -7700 Located in Glendale, Colorado http://www.cdphe.state.co.us 1/23/2007 Ronald T. Byrne, Member Lunar Vail, LLC 285 Bridge Street Vail, CO 81657 970/476 -1987 Torre of Vail Op it! co py RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR- 03B313, Eagle County Vail Mountain View Local Contact: Ron Byrne,, 970/476 -1987 Anticipated Activity: 01/31/2007 through 09/30/2008 On 1.25 acres (1.25 acres disturbed) Dear. Sir or Madam: h ` O * 1876 * Colorado Department of Public Health and Environment [fti- I Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Note that the Stormwater permit for construction activities now covers construction sites disturbing down to one acre (the previous threshold was 5 acres). Effective July 1, 2002, any construction activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at least 1 acre) must apply for permit coverage. Please read the permit and certification. If you have any questions please visit our website at http: / /www.cdphe. state .co.us /wq /perniitsunit/wgcdpmt.html, or contact Matt Czahor at (303) 692 -3575. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Governments Eagle County Health Department District Engineer, Technical Services, WQCD Permit File Fee File Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230 -6928 (303) 692 -3090 REVIEWED BY L NIMA 8 2'_aa7 LORADO IS ECTION Permit No. COR- 030000 Facility No. COR- 03B313 PAGE 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: Commercial Development This permit specifically authorizes: Lunar Vail, LLC to discharge stormwater from the facility identified as Vail Mountain View which is located at: S Frontage Road & Vail Valley Dr. Vail, Co latitude 39.641, longitude 106.351 in Eagle County to: Gore Creek effective: 01/23/2007 Annual Fee: $270.00 (DO NOT PAY NOW. You will receive a prorated bill.) Page 2 of 17 Permit No. COR- 030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25 -8 -101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the ,, Act "), this permit authorizes the discharge of stormwater associated with construction activities certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility-listed on page 1 of this permit to discharge stormwater associated with construction activity, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2007. Issued and Signed this 21st day of May, 2002 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT J. David Holm, Director Water Quality Control Division DATE SIGNED: MAY 21, 2002 EFFECTIVE DATE OF PERMIT: JULY 1, 2002 TABLE OF CONTENTS PART �. COVERAGE UNDER THIS PERMIT ......................................................................................................... ............................... 3 1 . Authority to Discharge .............................................................................................................. ............................... 3 General Limitations ................................................................................................................... ............................... a) Applicable Sections .................................................................................................. ............................... 3 2. Industries Covered Under this Permit ........................................................................................ ............................... 3 9 a) Definitions :............................................................................................................... ............................... 3 Releases in Excess of Reportable Quantities ............................................................................. ............................... b) Types of Activities Covered by this Permit: ........................................................................................... 3 3. Permit Coverage Without Application ...................................................................................... ............................... 3 9 a) Applicable Sections .................................................................................................. ............................... 3 a) Signatory Requirements ........................................................................................... ............................... b) Local Agency Authority ........................................................................................... ............................... 3 c) Permit Coverage Termination .................................................................................. ............................... 4 9 d) Compliance with Qualifying Local Program ............................................................ ............................... 4 Inspections ................................................................................................................................. ............................... e) Full Permit Applicability .......................................................................................... ............................... 4 4 . Application, Due Dates ............................................................................................................. ............................... 4 9 a) Application Due Dates ............................................................................................. ............................... 4 b) Completed Sites ....................................................................................................... ............................... b) Summary of Application ...............•.......................................................................... ............................... 4 5. Permit Certification Procedures ................................................................................................. ............................... 4 10 a) Request for Additional Information ......................................................................... ............................... 5 Reporting .................................................................................................................................. ............................... b) Automatic Coverage ................................................................................................. ............................... 5 7 . c) Individual Permit Required ...................................................................................... ............................... 5 10 d) Temporary Coverage ................................................................................................ ............................... 5 e) General vs. Individual Permit Coverage ................................................................... ............................... 5 f) Local Agency Authority ........................................................................................... ............................... 5 6 . Inactivation Notice .................................................................................................................... ............................... 5 7 . Transfer of Permit ...................................................................................................................... ............................... 5 8 . Permit Expiration Date .............................................................................................................. ............................... 6 9 . Ipdividual Permit Criteria .......................................................................................................... ............................... 6 id. CONTENTS OF THE STORMWATER MANAGEMENT PLAN .............................................................. ............................... 6 1 . Site Description ......................................................................................................................... ............................... 7 2 . Site Map .................................................................................................................................... ............................... 7 3. BMPs for Stormwater Pollution Prevention .............................................................................. ............................... 7 a) Erosion and Sediment Controls ................................................................................. ............................... 7 b) Materials Handling and Spill Prevention .................................................................. ............................... 8 4. Final Stabilization and Longterm Stormwater Management ..................................................... ............................... 8 5 . Other Controls ........................................................................................................................... ............................... 8 6 . Inspection and Maintenance ...................................................................................................... ............................... 8 C . TERMS AND CONDITIONS ...................................................................................................................... ............................... 8 1 . General Limitations ................................................................................................................... ............................... 8 2 . Prohibition of Non - stormwater Discharges ............................................................................... ............................... 9 3. Releases in Excess of Reportable Quantities ............................................................................. ............................... 9 4 . Stormwater Management Plans ................................................................................................. ............................... 9 a) Signatory Requirements ........................................................................................... ............................... 9 b) SWMP Review /Changes .......................................................................................... ............................... 9 5 . Inspections ................................................................................................................................. ............................... 9 a) Active Sites ............................................................................................................... ............................... 9 b) Completed Sites ....................................................................................................... ............................... 10 c) Winter Conditions ................................................................................................... ............................... 10 6. Reporting .................................................................................................................................. ............................... 10 7 . SWMP Submittal Upon Request ............................................................................................... ............................... 10 D . ADDITIONAL DEFINITIONS ................................................................................................................... ............................... 10 -2a- PART Page 3 Permit No. COR- 030000 PARTI A. COVERAGE UNDER THIS PERMIT Authority to Discharge Under this permit, construction activities, including clearing, grading, and excavation, are granted authorization to discharge stormwater associated with construction activities into waters of the state of Colorado. a. Applicable Sections: This permit is made up of several parts, not all of which apply to all permittees. The permittee will be responsible for determining and then complying with the applicable sections, depending upon whether or not a Qualifying Local Program covers the site. For sites not covered by a Qualifying Local Program, all Parts of the permit except Part I.A.3 apply. 2. Industries Covered Under this Permit a) Definitions: 1) Stormwater Stormwater is precipitation - induced surface runoff. 2) Construction activity Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. 3) Small construction activity Stormwater discharge associated with small construction activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. 4) Qualifying Local Program This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. 5) Other Definitions: Definitions of additional terms can be found in Part I.D. of this permit. b) Types of Activities Covered by this Permit: This permit may authorize all new and existing discharges of stormwater associated with construction activity. This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site. This permit also includes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. This permit does not authorize the discharge of mine water or process water from such areas. Permit Coverage Without Applica — for small construction activities under a Qualifying Local Program only If a construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts LA.1, LA.2, 1.A.3, I.C.1, I.C.2, I.C.3, I.D and Part II of this permit, with the exception of Parts II.A.1, H.B.3, II.B.8, and II.B 10, apply. b) Local Agency Authority: This permit does not pre -empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. PART Page 5 Permit No. COR- 030000 A. COVERAGE UNDER THIS PERMIT (cont.) a) Request for Additional Information: The Division shall have up to ten days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional ten days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this permit.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten days of receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP), it is found that this general permit is not applicable to the operation, then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 180 days will be required to process the application and issue the permit. d) Temporary Coverage: Notwithstanding Parts I.A.S.a -c, above, the Division reserves the right to temporarily cover stormwater discharge from construction activity under general permits, even though individual permit coverage may be more appropriate. Certification of these activities under a general permit does not in any way infringe on the Division's right to revoke that coverage and issue an individual permit or amend an existing individual permit. e) General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. f) Local Agency Authority: This permit does not pre -empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the operator of the facility must submit an Inactivation Notice that is signed in accordance with Part I.E.1. of this permit. The Inactivation Notice form is available from the Division and includes: a) Permit certification number; b) The permittee's name, address, telephone number; c) Name, location, and county for the construction site for which the application is being submitted. d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s). An inactivation form may not be required for small construction activities if application was made for coverage with a completion date less than 12 months from the start of construction activity. In such cases, permit certification may be authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. If permit coverage beyond that date is needed (i.e., the site has not been finally stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration date. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one individual to another, the perrnittee shall submit a completed Notice of Transfer and Acceptance of Terns of a Construction General Stormwater Discharge Permit Certification that is signed in accordance with Part I.E.1. of this permit. The Notice of Transfer form is available from the Division and includes: PART Page 7 Permit No. COR- 030000 1 3. CONTENTS OF THE STORMWATER MANAGEMENT PLAN (cont.) Site Description Each plan shall provide a description of the following: a) A description of the construction activity. b) The proposed sequence for major activities. c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or grading. d) An estimate of the runoff coefficient of the site before and after construction activities are completed and any existing data describing the soil, soil erosion potential or the quality of any discharge from the site. e) A description of the existing vegetation at t e site and an estimate of the percent vegetative ground cover. other p ential pollution sources, such as vehicle fueling, storage of fertilizers f) The location and description of any or chemicals, etc. g) The location and description of any anticipated non- stormwater components of the discharge, such as springs and landscape irrigation return flow. h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a municipal separate storm sewer, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). 2. Site Ma Each plan shall provide a generalized site map or maps which indicate: - construction site boundaries - all areas of soil disturbance - areas of cut and fill - areas used for storage of building materials, soils or wastes - location of any dedicated asphalt or concrete batch plants - location of major erosion control facilities or structures - springs, streams, wetlands and other surface waters - boundaries of 100 -year flood plains, if determined. BMPs for Stormwater Pollution Prevention The plan shall include a narrative description of appropriate controls and measures that will be implemented before and during construction activities at the facility. The plan shall clearly describe the relationship between th phases of construction and the implementation of the ollowing maintenance of controls and measures. For example, which controls will be imp g stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remaining clearing and grubbing, road grading, storm drain installation, final grading, stabilization, and removal of control measures. Th description of controls shall address the following minim components: a) Erosion and Sediment Controls. 1) Structural Practices. A description of structural site management practices which will minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or permanent sediment basins. 2) Non - Structural Practices. A description of interim and permanent stabilization practices, including site - specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where possible and that disturbed areas are stabilized. Noe t� i� stabilize may i but are not limited to: temporary seeding, permanent seedin g , mulching, g buffer strips, protection of trees, and preservation of mature vegetation. PART Page 9 Permit No. COR- 030000 C. TERMS AND CONDITIONS (cont.) f) All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the site. g) Off -site vehicle tracking of sediments shall be minimized. h) All dischargers must comply with the lawful requirements of municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies or guidelines including erosion and sediment control. 2. Prohibition of Non - Stormwater Dischar a) Except as provided in paragraph b, below, all discharges covered by this permit shall be composed entirely of stormwater. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge. b) Discharges from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit, provided that the non- stormwater component of the discharge is identified in the SWMP (see Part I.B.l.g of this permit): - fire fighting activities - landscape irrigation return flow - springs Releases in Excess of Reportable Quanti This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Notification Requirements (see Part II.A.3 of the permit). Stormwater Manaeement Plans Prior to commencement of construction, the stormwater management plan (SWMP) shall be implemented for the construction site covered by this permit. a) Signatory Requirements: The plan shall be signed in accordance with Part I.E.1., with one retained on site. b) SWMP Review /Changes: -The permittee shall amend the plan whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. 5. Inspections a) Active Sites - For sites where construction has not been completed, the permittee shall make a thorough inspection of their stormwater management system at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. 1) The construction site perimeter, disturbed areas and areas used for material storage that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are operating correctly. PART I Page 11 Permit No. COR- 030000 D. ADDITIONAL DEFINITIONS (cont.) 4. Final stabilization: when all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre - disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre - existing conditions at the site will be considered final stabilization. Municipal storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 6. Operator: the individual who has day -to -day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the definition of 'operator' and that the permit may be transferred as the roles change. 7. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 8. Part of a larger common plan of development or sale: a contiguous area where.multiple separate and distinct construction activities may be taking place at different rimes on different schedules under one plan. 9. Point source: any discernible, confined and .discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. 10. Process water: any water which during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. 11. Receiving Water: any water of the State of Colorado into which stormwater related to construction activities discharges. 12. Runoff coefficient: the fraction of total rainfall that will appear as runoff. 13. Significant Materials include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 14. Stormwater: precipitation- induced surface runoff. 15. Waters of the state of Colorado: any and all surface waters that are contained in or flow in or through the state of Colorado. This definition includes all water courses, even if they are usually dry. E. GENERAL REQUIREMENTS Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice - president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; PART II Page 13 Permit No. COR- 030000 A. MANAGEMENT REQUIREMENTS (cont.) Noncompliance Notification a) If, for any reason, the permittee does not comply with or will be unable to comply with any permit limitations, standards or permit requirements specified in this permit, the permittee shall, at a minimum, provide the Water Quality Control Division and EPA with the following information: 1) A description of the discharge and cause of noncompliance; 2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and 3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b) The permittee shall report the following instances of noncompliance orally within twenty -four (24) hours from the time the permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five 5 days after becoming aware of the noncompliance (unless otherwise specified by the Division): 1) Any instance of noncompliance which may endanger health or the environment; 2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state. c) The permittee shall report all other instances of non - compliance to the Division within 30 days. The reports shall contain the information listed in sub - paragraph (a) of this section. 4. Submission of Incorrect or Incomplete I Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. Bypass The bypass . of treatment facilities is generally prohibited. 6. Upsets a) Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) Con ditions Necessary fora Demonstratio of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and that the perrnittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24 -hour notice); and PART II Page 15 Permit No. COR- 030000 B. RESPONSIBILITIES (cont.) 2. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired; and b) The notice includes a written agreement between the existing and new penriittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section 61.15. Modification, Suspension, or Revocation of Perm By Division All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002 -61, except for minor modifications. a) This permit, and certification under this permit, may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit, or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated; or 4) Data submitted pursuant to Part I.B or Part I.C.1 indicates a potential for violation of adopted Water Quality Standards or stream classifications. PART II Page 17 Permit No. COR- 030000 B. RESPONSIBILITIES (cont.) 8. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B.4.d. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25 -8 -601 et. seq., C.R.S. 1973 as amended. 11. Requirine an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or c) Data become available which indicate water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the general permit to that owner or operator is automatically inactivated upon the effective date of the individual CDPS permit. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division 1 VQCD -P -B2 7 0 Cherry Creek Drive South .:enver, Colorado 80246 -1530 RATIONALE STORMWA TER DISCHARGES ASSOCIATED WITH CONSTR UCTION ACTIVITY GENERAL PERMIT IN COLORADO SECOND RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR- 030000 1. INTRODUCTION This permit is for the regulation of Stormwater runoff from construction activities. The term construction activity includes clearing, grading and excavation operations. "Stormwater" is precipitation- induced surface runoff. This Rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the Rationale and Permit are available on the Division's website at: http A. Changes in this General Permit Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Most of the changes are related to the Phase II revision to the Stormwater regulation in the Colorado Discharge Permit System Regulations (5CCR 1002 -61), effective March 2, 2001. Significant changes are listed below: Permit coverage is now required for construction sites that disturb I to 5 acres (i.e., small construction activities). Allowances have been made for small construction activities to comply with the requirements of a Division- approved Qualifying Local Program (refer to section VI below for a discussion of Qualifying Local Programs) in place of many specific requirements in the Permit, including requirements to submit an application, inactivation notice, and fees to the Division. Refer to Part LA.3 of the Permit and section VILA of the Rationale for more details. 2. The requirements to submit with the application the Township, Range, section and quarter section of a site and a list of any other environmental permits for the site have been removed. Inactivation requirements have been changed to allow small construction activities that submit applications indicating a completion date 12 months or less from the start of construction activity to be authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice. If permit coverage beyond the expiration date is needed (i.e., the site has not been finally stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration. CONTENTS PAGE 1. Introduction I II. Background 2 III. Stormwater Discharges Associated with Construction Activity 3 IV. Coverage Under this Permit 4 V. Application and Certification 4 VI. Qualifying Local Programs 4 VII. Terms and Conditions of Permit 5 VIII. Changes Made After Public Notice 7 1. INTRODUCTION This permit is for the regulation of Stormwater runoff from construction activities. The term construction activity includes clearing, grading and excavation operations. "Stormwater" is precipitation- induced surface runoff. This Rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the Rationale and Permit are available on the Division's website at: http A. Changes in this General Permit Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Most of the changes are related to the Phase II revision to the Stormwater regulation in the Colorado Discharge Permit System Regulations (5CCR 1002 -61), effective March 2, 2001. Significant changes are listed below: Permit coverage is now required for construction sites that disturb I to 5 acres (i.e., small construction activities). Allowances have been made for small construction activities to comply with the requirements of a Division- approved Qualifying Local Program (refer to section VI below for a discussion of Qualifying Local Programs) in place of many specific requirements in the Permit, including requirements to submit an application, inactivation notice, and fees to the Division. Refer to Part LA.3 of the Permit and section VILA of the Rationale for more details. 2. The requirements to submit with the application the Township, Range, section and quarter section of a site and a list of any other environmental permits for the site have been removed. Inactivation requirements have been changed to allow small construction activities that submit applications indicating a completion date 12 months or less from the start of construction activity to be authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice. If permit coverage beyond the expiration date is needed (i.e., the site has not been finally stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration. A . COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 3. Permit No. COR- 030000 III STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The Stormwater regulations require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. A. Construction Activity Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. Definitions of additional terms can be found in Part I.D of the Permit. Stormwater discharges from construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area which are not part of a larger common plan of development or sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. B TVi2es otActivities Covered This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use at a single construction site. These areas maybe located at the construction site or at some other location. This permit does not authorize the discharge of mine water or process water from such areas. This permit also includes stormwater discharges associated with dedicated asphalt plants and concrete plants located at the construction sites. C. Types ofActivities NOT Covere This permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other types of industrial activities, or process water of any kind. Other types of industrial activities, that require stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002 -61, Section 61.2 e tit A- , K)J, are not covered by this permit. This permit also does not cover the discharge of process water. If the construction activity encounters groundwater, a Construction Dewatering Discharge Permit (Permit Number COG - 070000) must also be obtained in order to discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division at the address listed in Part IA.4.a of the Permit. D. Exemptions for Small Municipa The Intermodal Surface Transportation Efficiency Act of 1991 (Section 1068(c)) added an exemption to the. stormwater regulations for municipalities with less than 100,000 population. The term "municipality" includes cities, towns, counties, special districts or any entity created by or pursuant to State law. Stormwater discharges associated with construction activity for facilities or sites that are owned or operated by a small municipality are not required to apply for or obtain a stormwater permit until March 10, 2003. (Note: This exemption does not apply to other, privately owned construction sites within the same small municipality.) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 5. Permit No. COR- 030000 VII. TERMS AND CONDITIONS OF PERMIT A. Coverage under a Qualifying Local Program — For Small Construction Sites Only For small construction sites (disturbing less than 5 acres) covered under a Qualifying Local Program (see Section VI above), only certain permit requirements apply, as outlined below. The local program must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a program in place does not necessarily mean that it is a qual ifying program and that a State permit is not required. The local municipality will be responsible for notifying operators and/or owners that they are covered by a Qualifying Local Program. A list of municipalities with Qualifying Local Programs is also available at http://Www.cdphe.state.co.uslwqlPerinitsUnitlwqcdpmt.html. The Division reserves the right to require any owner or operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. 1. Permit Coverage: If a construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. The permittee also is not required to submit an inactivation notice or payment of an annual fee to the Division. Permit Terms and Conditions.: The permittee covered by a Qualifying Local Program must comply with the requirements of that Qualifying Local Program. In addition, the following permit sections are applicable: i. I.A.1, LA.2, and I.A.3: Authorization to discharge and discussion of coverage under the permit. ii. LC.1: General limitations that must be met in addition to local requirements. iii. LC.2, LC.3: Prohibition of non - stormwater discharges unless addressed in a separate CDPS permit, and requirements related to releases of reportable quantities. iv. LD: Additional definitions. V. Part II (except for Parts ILA. 1, H.B.3, II.B.8, and ILB10): Specifically includes, but is not limited to, provisions applicable in the case of noncompliance with permit requirement, and requirements to provide information and access. B. Stormwater Management Plans (SW-9-P- Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and implemented for each facility covered by this permit. A certification that the SWMP is complete must be submitted with the permit application. The SWMP shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe the best management practice (BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site. Facilities must implement the provisions of their SWMP as a condition of this permit. The SWMP shall include the following items: 1. Site Description 2. Site Map 3. BMPs for Stormwater Pollution Prevention 4. Longterm Stormwater Management 5. Other Controls 6. Inspection and Maintenance 7. Signatory Requirements and Availability 8. SWMP Review /Changes (See Part I.B. of the permit for a more detailed description of SWMP requirements.) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 7. Permit No. COR- 030000 i/Il. TERMS AND CONDITIONS OF PERMIT (cont.) Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one individual to another, the permit shall be transferred in accordance with Part LA.7 of the permit. The Notice of Transfer form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. If the new responsible party will not complete the transfer form, the permit may be inactivated if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new operator would be required to obtain permit coverage separately. J Duration of Permit The general permit will expire on June 30, 2007. The permittee's authority to discharge.under this permit is approved until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit must apply for recertification under the general permit at least 90 days prior to its expiration date. Nathan Moore March 11, 2002 VII CHANGES MADE AFTER PUBLIC NOTICE Several comments were received f om the Environmental Protection Agency (EPA). Changes based on these comments and additional internal review are discussed below: A. The EPA commented that language needs to be added to the permit addressing the certification requirements for inspection reports. Part 1.E.1 of the Permit requires that all reports submitted to the Division include specific certification language. Because site inspections required by Part LC.5 of the permit are not submitted to the Division, they are not covered under Part 1. C.5 of the Permit or Regulation 5 CCR 1002 -61, Section 61.4(1)(1), which require specific certification language. However, Regulation 5 CCR 1002 -61, Section 61.8(4)(o)(ii)(B) does require that the permittee maintain a record summarizing the inspections that includes a certification that the site in compliance with the plan and the permit. Therefore, language has been added to Part L C.5 of the Permit, requiring that a signed statement be included with all records of inspection on the status of compliance at the site. B. The EPA recommended that the Permit and Rationale be changed to indicate that the application is due ten days prior to the commencement of construction activities, instead of prior to the anticipated date of discharge. The Division agrees that this wording is preferable and more accurately indicates the Division's existing interpretation of the regulations. These changes have been made. C. The EPA expressed concern with requiring a permittee to transfer permit coverage in cases where the new responsible party may not be cooperative. Language has been added to the Permit and Rationale clarifying that termination of permit coverage is allowed when the permittee no longer has any legal responsibility through ownership or contract for the construction activity. D. The EPA commented on the lack of a definition for the terms "receiving water" and "ultimate receiving water A definition has been added the the discharge initially initially goes to a unnamed ditch or stormesewer.dicate that it means the first named receiving water, f Nathan Moore May 15, 2002 F F N G V O D W �. Sr N w R o z m ' O o SS O N 3 !1 N e p O 6 > ' W z � o �l1 4 6 o 6 6 6 o 6 d E _ d w d a LL 6 6 6 6 LL 6 a d LL LL O d 6 f 6 6 B v Lu tu ca m :W O i7 z W r J t Q ' Z SL , m 2_ � 9 2 j UA a N. 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UA Z Z Z Z 5 0 N N 0 N FROM :CC ENTERPRISES FRX NO. :9702420530 Mar. 13 2007 04:39PM P2 CC ENTERPRISES - TRAFFIC CONTROL SPECIALISTS, INC Contractor: R.A. NELSON Project: L14 5 SOUTH FRONTAGE ROAD V A L Method of Handling Traffic TRUCKS TURNING ON HIGHWAY N W E qs 5 ~ INTERSTATE - 7D NOTES; 1. CONTRACTOR WILL NEED TWO FLAGGERS BRIEFLY STOPPING TRAFFIC FOR TRUCKS TURNING ON HIGHWAY. 2. REFER TO MU1Cp 2003 FIGURE 6H -13 FOR TYPICAL APPLICATION. SIGNS: 2 - TRUCKS TURNING ON HIGHWAY 2 - BE PREPARED TO STOP 2 - FLAGGER SYMBOL Received 03 -13 -07 08:21 pm From - 8702420680 To -RA NELSON Page 002 imcxs PR &Me Timm TO ��+� TO TOP z F 350' 350' 35 SOUTH FRONTAGE ROAD 350' 350' 350' PREPARED BY; U ! " n1� Cl,�'/��lo af fi l WAR a n m r ° oa �+�a ATSSA TCS NAME DATE n z PHONE: 970- 242 -0669 "' CERTIFICATION #.0,0.0.37 043 ISSUE DATE: 1 1 /11/200 EXPIRATION DATE:1!]LfiL21MB NOTES; 1. CONTRACTOR WILL NEED TWO FLAGGERS BRIEFLY STOPPING TRAFFIC FOR TRUCKS TURNING ON HIGHWAY. 2. REFER TO MU1Cp 2003 FIGURE 6H -13 FOR TYPICAL APPLICATION. SIGNS: 2 - TRUCKS TURNING ON HIGHWAY 2 - BE PREPARED TO STOP 2 - FLAGGER SYMBOL Received 03 -13 -07 08:21 pm From - 8702420680 To -RA NELSON Page 002 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 306172 State Highway No/MP/Side Vail, CO 81657 Vail, CO 81657 970 - 476 -1987 970- 476 -1987 070A/176.500/R Permit fee Date of transmittal Region /Section /Patrol Local Jurisdiction 100.00 08/31/2006 03/02/19 Eagle Count The Permittee(s); Applicant; Ref No. 06 -134 Ron Byrne Ron Byrne 285 Bridge Street 285 Bridge Street Vail, CO 81657 Vail, CO 81657 970 - 476 -1987 970- 476 -1987 is hereby granted permission to have an access to the stale 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 south side of 1 - 70 Frontage, a distance of 290 feet east of Vail Village Drive, also known as 444 South Frontage Road. Access to Provide Service to: Residential Condoininiunl/Townhouse (24 Units) .......... ............................... 10 DHV 100.00% Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Temis and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (X) 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 Jim Pitkin with the Colorado Department of Transportation in Gypsum at 970 -524 -0627 at least 48 hours prior to commencing construction within the State Highway right -of -way. The person signing he permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the p lmi and it terns and conditions. e,mitte x �L Z4 1 Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By Date (of issue) Title (X) Copy Distribution: Required: Make copies as necessary for: Previous editions are obsolete and may not be used 1.Region Local Authority Inspector CDOT Form #101 0198 2.Applicant MTCE Patrol Traffic Engineer 3.Staff Access Section August 31, 2006 To: Ron Byrne 285 Bridge Street Vail, CO 81657 Dear Ron Byrne: Permit # 306172 Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. If you choose NOT to act on the permit, please return the permit unsigned. If you wish to APPEAL the Terns and Conditions of the permit, please refer to the attached Form 101 pages 2 & 3 for an explanation of the appeal procedures. If you ACCEPT the permit and its Terrns and Conditions, please sign and date the Access Permit form on the line marked "PERMITTEE ". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next line for the amount due. Colorado Department of Transportation 100.00 Make check or money order payable to Amount Due - Return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this pen Void. You must obtain a Notice to Proceed. DO NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department's validation shall be considered a violation of State Law. If you have any questions, please call: Devin Drayton at 970 - 248 -7245 Return Access Permit and attachments to: Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 The transmittal to you of the Access Permit form for your approval constitutes final action by the Colorado Department of Transportation pursuant to section 43 -2 -147 C. R. S., as amended. CDO'I' Fonn Y.122 11199 STATE OF COLOKADO DEPARTMENT OF TRANSPORTATION Ak Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 970 -248 -7230 office 970 - 248 -7294 fax August 31, 2006 To: Ron Byrne 285 Bridge Street Vail, CO 81657 Dear Ron Byrne: Permit # 306172 Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. If you choose NOT to act on the permit, please return the permit unsigned. If you wish to APPEAL the Terns and Conditions of the permit, please refer to the attached Form 101 pages 2 & 3 for an explanation of the appeal procedures. If you ACCEPT the permit and its Terrns and Conditions, please sign and date the Access Permit form on the line marked "PERMITTEE ". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next line for the amount due. Colorado Department of Transportation 100.00 Make check or money order payable to Amount Due - Return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this pen Void. You must obtain a Notice to Proceed. DO NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department's validation shall be considered a violation of State Law. If you have any questions, please call: Devin Drayton at 970 - 248 -7245 Return Access Permit and attachments to: Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 The transmittal to you of the Access Permit form for your approval constitutes final action by the Colorado Department of Transportation pursuant to section 43 -2 -147 C. R. S., as amended. 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T m C O C F U m C a)v m ' ^ w L O In 0 o m E c n E m c o o m m- g a w S. - cBr -�.! e$ 'q V)� ro D W u T C O Cb m d °�C ,�Qjj ; 5 c �u � m• - w v Es_� w g u m E ^° v ° .`-_° 0 •€ V '� '+i m b m w E • 0 01 c y e t U Q C o 4 � b }2 `' ai q • �-• U E" - •m m H m mmaS� o. 5`c X �r om -Q, C � C E=U C tS w i m - cli a 3 w"'ucm O �'cv.2 E$E C 2 �i ° cL {O LL 1 1 vi p 6 p' OI m N R 7 y L n b 0 o t Ll - m - r'' o C a L x m 0 d L 1 � 3 y O c C O m m C m Q � 5 •c •.. v c E aim M�� i R ro u R ._ W .. 0. , m I N z I E a � U � E rn.g STATE HIGHWAY ACCESS PERMIT 306172 August 31, 2006 Located on 1 -70 Frontage near MP 176.50 Right Issued to Ron Byrne TERMS AND CONDITIONS 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), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. 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. All other State Highway access to the property shall be removed. 3. This access shall be constructed 25 -35 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 30 foot, whichever is greater. The turning radius shall be measured from the white line on the Hwy to the edge of the driveway. 4. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the driveway. The driveway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601 -1. 5. Materials, Placing and Compaction of Driveway Unless the applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction. As a minimum the materials for this driveway shall include; Sub -base: class 3 gravel placed in 6 inch lifts, Base: 8 inches of class 6 gravel in two 4 -inch lifts, Surface: 4 inches of pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 6. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 7. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans Stamped (11 "x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, sidewalk, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. STATE HIGHWAY ACCESS PERMIT 306172 August 31, 2006 Located on 1 -70 Frontage near MP 176.50 Right Issued to Ron Byrne TERMS AND CONDITIONS (cont.) iii) Centerline profile of the access /Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 8. 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. 9. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 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. The Permittee is responsible for obtaining any necessary additional Federal, State and /or City /County permits or clearances required for construction of the access. 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. 12. All workers within the State Highway right of way shall comply with their employer's safety and health policies /procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 13. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 14. The.permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http:// www. dot.state.co.us /DesignSuprorti then click on Design Bulletins. 15. When it is necessary to remove any highway right -of -way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M -607 -1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department., J STATE HIGHWAY ACCESS PERMIT 306172 August 31, 2006 Located on 1 -70 Frontage near MP 176.50 Right Issued to Ron Byrne TERMS AND CONDITIONS (cont.) 16. It shall be the responsibility of the Permittee to maintain adequate site distance for this driveway. Trimming of vegetation or trees to maintain adequate site distance is the sole responsibility of the permittee. 17. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 18. During access construction no construction personnel vehicles will be permitted to park in the state highway right -of -way. 19. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 20. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance is found in the M & S Standards Plan No. M- 208 -1. 21. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 22. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right -of -way during adverse weather conditions. 23. Access construction shall not negatively impact other properties or the State Highway ROW. 24. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right -of -way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. .25. 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. 26. Areas of roadway and /or right -of -way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re- seeding. 27. Upon the completion of the access and prior to any use as allowed by this permit, the applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601 -1, including this permit. The engineer of record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. Date: 4/30/2007 To: Charlie Davis Title: Chief Building Official Address: 75 S. Frontage Road, Vail RE: PROJECT: Mountain View REVISION #: 3 and 5 INTERNAL REF #: 3620 and 3944 PLAN REVIEW: B06 -0280 ADDRESS: 442 South Frontage Road Dear: Charlie, OFACE COPy Colorado Inspection Agency has completed a review of the following documents: Summary: Eliminated fireplace on the desks, special inspection agreement, change entries to remove structural wood, revise flat roof system and supplied HP boulder wall detail. Plans: #3620 Sheets A6.6, S3 -4 and S6 -2 8'/z "x11" binder #3944 Report from HP with boulder wall detail Fees 10 $ 80 $ 11 $ 81 $ Total Permit Fee $ Plan Review Fee $ Hourly at $60 12 $120.00 Increase Valuation $ These documents were reviewed only for their conformance to the provisions of the 2003 International Building Code. Colorado Inspection Agency finds the documents submitted to be complete for construction and ready for issuance of the revisions. Please see attached conditions of ap I. 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