HomeMy WebLinkAboutPEC100043
Project Name: PEC Number: PEC100043
Project Description:
Lunar Vail is seeing permission to lease it's approximate 70 excess parking spaces to the public,
individually or in bulk, beginning this ski season
Participants:
OWNER LUNAR VAIL LLC 08/26/2010
285 BRIDGE ST
VAIL
CO 81657
APPLICANT JACK HUNN 08/26/2010 Phone: 970-390-4537
PO BOX 1095
VAIL
CO 81658
Project Address:434 S FRONTAGE RD E VAIL Location:
Legal Description:Lot: Block: Subdivision:
Parcel Number:2101-082-8900-4
2101-082-8900-7
2101-082-8900-8
2101-082-8900-9
2101-082-8901-0
2101-082-8901-1
2101-082-8901-2
2101-082-8901-3
2101-082-8901-4
2101-082-8901-5
2101-082-8901-6
2101-082-8901-7
2101-082-8901-9
2101-082-8902-0
2101-082-8902-1
2101-082-8902-2
2101-082-8902-3
2101-082-8902-4
2101-082-8902-5
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner:Bill Gibson PEC Fee Paid: $650.00
., r
•:: -44,41,` •, , c s�� Departmerrt of Community Develop er
. .% ' '' '•. . .., _: �., .4 .75 South Frontage "Roa l
> ' ... '', ;$;+ ! - *•-• , . ; . .: y �'4 Va Zg
t --t---,771:-- , .;e` i t - ✓ ?, s , '" 97Q=479. ' � ti • .
' � 4 •- , a �rf j .' r' {� , 1 t w � 4 ; r i m .. •
tt llm .. -.. -.- - . _ f Der - o7f „...);. .,�•
i lolt.V v; ,. -' ,.rte ' • ' y �,r ' -� , a .- x
Conditional Use Permit D [ C LE u �% i
Application for review by the
Planning and Environmental Commis I" on AUG 25 2010
General Information: A conditional use permit is required for any use classified as conditi ny of the Town's
zone districts. Uses listed as conditional uses are subject to such conditions and limitations-as t� 1!4fpbe
to ensure that the location and operation of the conditional uses will be in accordance with development obj
the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits
or applications and /or review by the Design Review Board and/or Town Council. All PEC approvals shall lapse if con-
struction is not commenced within two years of the date of approval and diligently pursued to completion, or if the use
for which the approval is granted is not commenced within two years.
Fee: $650
Description of the Request: 1_.1.114 2 V.ii►1t_._ 1 4 FF)4 1 -1 ' / 1155/'X/ -Z LE.d5.
IT'S • a''. `7i ys Ic - cEc-,' - e. ` ff POY
)1. 1.11 LLy rid J7-1 8 14 i 13E(, -)4'4 Ji.Jrf 'i 64I P.116x1
Physical Address: 4- V o.. • _ t_ " A9 lZh. 1L c +l 1
Parcel Number: 216 2 9 ' a Z'i _ (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.)
Property Owner: _ - _ 1..-'M - 4M2- V.1� ► L� 1 )^ L C
Mailing Address: Z ---- $1 Pt E.. S - 1 - r-•-5 - ...e- - ":1 - liob 1L r 00 Es
-- —_ -- ,-
■ Phone: 0 ' • • 1 e ZE7
Owner's Signature: '- ------ _ ....d.di i ___- /,_..2 _ ,Z /2,, t/A7/Ji L
Primary Contact/ Owner Represe e: -I - & c '
Mailing Address: C . Q� 1, j IL. CC. i
Phone: ( - 7 / 1 O • X37
E -Mail: 4..A•0-1C -4 4d--0--1 C*• Y-44 0-D1 Fax: jam✓ -4---
[For Office Use Only: Cash CC: Visa / MC Last 4 CC # Auth # Check #
Fee Paid: _ Received From:
Meeting Date: PEC No.: (
Planner: Project No: -P,a 1 D • 0 5L)
Zoning: Land Use:
Location of the Proposal: Lot: 1 BlockAP:bin Subdivision: \/CJ v. III_ '
i KGC, - d
01- Jan -10
TOROF K
JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub-
ject property. For example, the subject property where construction is curving is a duplex, condominium or
multi- tenant building. This form shall be completed by the applicant' neighbor/ joint property owner. In the
case of a multiple - family dwelling or multi- tenant building, the aut ority of the association shall complete this
form and mail to: Community Development Department, 75 •uth Frontage Road, Vail, CO 81657 or fax to
970.479.2452. V
I, (print name) a joint owner, or authority of the association, of prop-
erty located at , provide this letter
as written approval of the plans dated which have been submitted to the
Town of Vail Community Development Depa . ent for the proposed improvements to be completed at the ad-
dress noted above. I understand that the , oposed improvements include:
(Sign - re) (Date)
Additionally, pl • ase check the statement below which is most applicable to you:
o 1 understan► that minor modifications may be made to the plans over the course of the review process to en-
sure complia ce with the Towns applicable codes and regulations.
(Initial here)
u I request that all modifications, minor or otherwise, which are made to the plans over the course of the re-
view process, be brought to my attention by the applicant for additional approval before undergoing further re-
view by the Town.
(Initial here)
F:\cdev\Forrns\P ermits'Plan ning\PEC\PEC _CUP _010110
HUNN CONSULTING GROUP, LLC
August 23, 2010
Mr. George Ruther, Director
Town of Vail Department of Community Development
75 South Frontage Road
Vail, CO 81657
RE: Vail Mountain View Garage
434 South Frontage Road
Vail, CO 81657
Conditional Use Permit Application
Dear George,
Thank you for meeting with Ron Byrne and me several weeks ago regarding our proposal to put
the surplus parking at the Vail Mountain View Residences project to some productive use this
winter season.
As we discussed, Lunar Vail, LLC decided to develop the parking, necessary to support an
anticipated future phase of the project, along with the construction of the Vail Mountain View
Residences on Gore Creek. This surplus parking is owned by the developer, Lunar Vail, LLC,
and is not a part of the Condominium Association, which was established for the 24 completed
residences. There are approximately 78 additional spaces, of which as many as 70 are available
to help reduce the parking shortage experienced in Vail on an interim basis.
Accordingly, we are applying for a Conditional Use Permit, seeking permission to lease these
surplus spaces on a seasonal basis, either to individuals or in bulk. We believe that our proposal
is in the best interest of the Town, but will also help to defray some carry / operating cost for the
developer, Lunar Vail, LLC. We want to be clear that we are still intending to seek the necessary
entitlements to proceed with another phase of the Vail Mountain View project at some point in
the future, and therefore want this requested use of the surplus parking to be considered an
interim use.
WE are enclosing an application, Title Report, pre - addressed, stamped envelopes for mailing to
the adjacent property owners along with our check in the amount of $650.00.
Please feel free to contact me if you have any questions or require additional information.
Beat regards,
AUG 25 2010 ECEEIWE
Jac er's Representative for Lunar Vail, LLC
TOWN OP VAIL
PO BOX 1095 / VAIL, CO 81658 970 - 390 -4537 jack @hunnconsultinggroup.com
rig Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Land Title
(,UJ ARAM Ft (.OMPANI'
Date: 08 -20 -2010 Our Order Number: V50029211
Property Address:
434 S. FRONTAGE ROAD EAST, COMMERCIAL UNIT VAIL MOUNTAIN VIEW RESIDENCES ON
GORE CREEK VAIL, CO 81657
I f you have any inquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Vail Title Dept.
108 S FRONTAGE RD W #203
VAIL, CO 81657
Phone: 970 - 476 -2251
Fax: 970 - 476 -4534
EMail: eaglecountyrequests@ltgc.com
RON BYRNE & ASSOCIATES *TMX*
285 BRIDGE STREET
PERSONAL AND CONFIDENTIAL
VAIL, CO 81657
Attn: TERESA THOMAS
Phone: 970 - 476 -1987
Fax: 970 - 476 -6747
Copies: 1
EMail: tthomas@ ronbyrne .com,maryanne @ronbyrne.com,
Linked Commitment Delivery
First American Title Insurance Company
ALTA COMMITMENT
Our Order No. V50029211
Schedule A Cust. Ref.:
Property Address:
434 S. FRONTAGE ROAD EAST, COMMERCIAL UNIT VAIL MOUNTAIN VIEW RESIDENCES ON
GORE CREEK VAIL, CO 81657
1. Effective Date: August 13, 2010 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
LUNAR VAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
CONDOMINIUM UNIT COMMERCIAL UNIT, VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK,
ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 5, 2008 RECEPTION NO.
200825628 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK RECORDED DECEMBER 5, 2008 RECEPTION
NO. 200825629, COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMITMENT
Schedule B - Section 1
(Requirements) Our Order No. V50029211
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to -wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50029211
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. Liens for unpaid water and sewer charges, if any.
8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT
PAGE 475.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899,
IN BOOK 48 AT PAGE 475.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED NOVEMBER 12, 1966 AT
RECEPTION NO. 102538 AND THE PLAT OF LOT 1, A RESUBDIVISION OF A PART OF
TRACT D, VAIL VILLAGE FIFTH FILING RECORDED SEPTEMBER 26, 2006 UNDER
RECEPTION NO. 200626169.
12. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50029211
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
IN INSTRUMENT RECORDED NOVEMBER 15, 1965, IN BOOK 187 AT PAGE 353,
AMENDMENT RECORDED AUGUST 27, 1984 IN BOOK 393 AT PAGE 492, AMENDMENT
RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 933, AND AMENDMENT RECORDED
AUGUST 2, 1989 IN BOOK 488 AT PAGE 378.
13. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY UNDERGROUND
RIGHT -OF -WAY EASEMENT RECORDED DECEMBER 15, 2006 AT RECEPTION NO.
200634246.
14. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN
INSTRUMENT RECORDED MAY 14, 2007, UNDER RECEPTION NO. 200712454.
15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR ACCESS EASEMENT AND
TERMINATION OF SERVICE AGREEMENT RECORDED DECEMBER 5, 2008 UNDER RECEPTION
NO. 200825627.
16. TERMS, CONDITIONS AND PROVISIONS OF PARKING AND ACCESS EASEMENT AGREEMENT
RECORDED DECEMBER 8, 2008 AT RECEPTION NO. 200825752.
17. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE CONDOMINIUM PLAT OF VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK, LOT
1, A RESUBDIVISION OF A PART OF TRACT D, VAIL VILLAGE FIFTH FILING
RECORDED DECEMBER 5, 2008 UNDER RECEPTION NO. 200825628 AND 1ST AMENDMENT
RECORDED MARCH 23, 2010 UNDER RECEPTION NO. 201005415.
18. THOSE PROVISIONS, COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY
COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE
STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW FOUND IN THE DECLARATION FOR
THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK RECORDED DECEMBER 5, 2008
UNDER RECEPTION NO. 200825629 AND 1ST AMENDMENT RECORDED MARCH 23, 2010
UNDER RECEPTION NO. 201005416.
NOTICE REGARDING DISCLOSURE RECORDED APRIL 17, 2009 UNDER RECEPTION NO.
200906994.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10 -11 -122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed ". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material -men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed
mechanic's and material -men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10 -11 -123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Form DISCLOSURE 09/01/02
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.frstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information
that we may collect include:
* Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
* Information about your transactions with us, our affiliated companies, or others; and
* Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
2001 The First American Corporation
All Rights Reserved
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B /A
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and
Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non - public personal information ( "Personal Information ").
In the course of our business, we may collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web -based transaction management system;
* your transactions with, or from the services being performed by, us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non - affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
* We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
* We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Fonn PRIV.POL. LTG .1
ES1256 Escrow Rolodex Page: 1 of 1
Office VA Vail
Company 504178
1. Vendor Name APOLLO PARK
2. Address 1 8547 E. ARAPAHOE ROAD,J542
3. Address 2
4. City ST Zip GREENWOOD VILLAGE, CO 80112
5. Attn ANNE NELSON
6. Work Phone 303 - 690 -6038
7. Home Phone
8. Work Fax 303 - 690 -6511
9. Home Fax
10. Cellular
11. Addt'l Phone
12. Email Addr annelnelson @msn.com
13. Tax ID No.
14. Category HOA Homeowners Association
15. Valid Date 03 -15 -2006 Customer Master ID
Vendor's Name
ES1256 Escrow Rolodex Page: 1 of 1
Office VA Vail
Company 502730
1. Vendor Name TYROLEANCONDOMINIUM ASSOCIATION
2. Address 1 PO BOX 832
3. Address 2
4. City ST Zip VAIL, CO 81658
5. Attn TOM SAALFELD
6. Work Phone 970 - 476 -3328
7. Home Phone
8. Work Fax 970 - 476 -5803
9. Home Fax
10. Cellular
11. Addt'l Phone
12. Email Addr
13. Tax ID No.
14. Category HOA Homeowners Association
15. Valid Date 09 -12 -2005 Customer Master ID
Vendor's Name
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
TOWN OF VAIL, COLORADO Statement
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Statement Number: R100001169 Amount: $650.00 08/26/201012:00 PM
Payment Method: Check Init: SAB
Notation: 1176 LUNAR
VAIL
Permit No: PEC100043 Type: PEC - Conditional Use
Parcel No: 2101- 082 - 8902 -5
Site Address: 434 S FRONTAGE RD E VAIL
Location:
Total Fees: $650.00
This Payment: $650.00 Total ALL Pmts: $650.00
Balance: $0.00
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 650.00
1
TOWN OF VAIL '
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on September 27, 2010, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A report to the Planning and Environmental Commission on an administrative
determination, pursuant to 12-3-3(A), Administrative Actions, Vail Town Code, regarding
the ability of a property owner to establish a development site comprised of multiple lots
of record, portions of a lot of record, a combination of lots of record or portions thereof,
or a parcel of land described by metes and bounds, without the review of a subdivision
pursuant to the provisions of Title 13, Subdivision, Vail Town Code.
Applicant: Town of Vail
Planner: Warren Campbell
A request for the review of a conditional use permit pursuant to Section 12-6H-3,
Conditional Uses, Vail Town Code, to allow for a private parking structure (the seasonal
leasing of existing private parking spaces), located at 434 South Frontage Road (Lunar
Vail)/Lot 1, Resubdivision of a part of Tract D, Vail Village 5th Filing, and setting forth
\C details in regard thereto. (PEC100043)
. ii Applicant: Vail Mountain View Residences on Gore Creek, represented by Jack Hunn
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published September 10, 2010, in the Vail Daily.
COPY
STATE OF COLORADO
Region 3 Traffic Section ,^ ,OT,
222 S.Sixth St., Room 100 •
Grand Junction,Colorado 81501
(970)683-6284 Fax:(970)683-6290
• ■ ■
DEPARTMENT OF TRANSPORTATION
November 15, 2010
Skip Hudson
Turnkey Consulting
2478 Patterson Road, Suite 18
Grand Junction, CO 81505
RE: State Highway Access Permit No. 310140,Located on Highway 070,Milepost 176.5,
in Eagle County
Dear Permittee or Applicant:
The Colorado Department of Transportation (CDOT) has received your signed permit and
application fee. A copy of the issued permit is enclosed. CDOT has issued a Notice to Proceed
for this permit since the permit did not require any additional construction of the access. Please
keep a copy of the access permit and the notice to proceed for your files.
If you have any questions or need more information,please contact me at the office listed above.
Respectfully,
Dan Roussin
Region 3 Access Manager
File
COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit No. 310140
STATE HIGHWAY ACCESS CODE swslMP
070 A / 176.500 / R
Local Jurisdiction
NOTICE TO PROCEED Eagle County
Permittee(s): Applicant:
Lunar Vail, LLC Turnkey Consulting
Ron Byrne Skip Hudson
285 Bridge Street 2478 Patterson Road, Suite 18
Vail,CO 81657 Grand Junction,CO 81505
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire
one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the Manual
on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
appropriate.
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By Title Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
By / Title Date
(X) ���J, �` J cec,� biy 1�,�- 11/16/2010•
Copy distribution:111 red: Make copies as necessary for: `� Form 1265 8198,6/99
R on(original) Local Authority Inspector Andy Garcia
Applicant MTCE Patrol Traffic Engineer
Staff Arrracc SPrtinn lq-7 Frpri Fttar
COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit No. 310140
STATE HIGHWAY ACCESS PERMIT
Stale Highway No/Mp/Side
\�4 J 1k-�� 070 A / 176.500 / R
°ermit fee Date of transmittal Region/Secticn/Patrol Local Jurisdiction
$100.00 11/4/2010 3 / 02 /19-2 Fred Etter Eagle County
The Permittee(s); Applicant: Ref No.:
Lunar Vail. LLC Turnkey Consulting
Ron Byrne Skip Hudson
285 Bridge Street 2478 Patterson Road,Suite 18
Vail,CO 81657 Grand Junction,CO 81505
970-476-1987 970-985-4001
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 lime 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 South Frontage at 176.5mm 434 S.Frontage Road East Commercial Unit Vail Mountain
View Residences on Gore Creek Vail, CO 81657
Access to Provide Service to: (Land Use Code:) (Size or Count) (Units)
230-Residential Condominium/Townhouse
094-Parking Lot
------------- 57 DHV
Additional Information:
The access shall be modified to a right in/right out only access when a roundabout is constructed near Gerald Ford Park per the 2009
Vail Access Management Plan.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Signature Print Name Title Dale
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 Andy Garda with the Colorado Department of Transportation In
Grand Junction, Colorado at(970)845-8816, at least 48 hours prior to commendng construction within
the State Highway ght-off :y.
The person signing •• Iper 7 ust be the owner or legal representative of the property served by the permitted access and have full authority to
accept the per.. - • s le •• ..•conditions.
Perm •.S r y. / �' �� ���f nye
This permit is not valid until signed by a duly authorized representative of the Department.
COLO DO DEPARTMENT OF TRANSPORTATION
signa7fre Print ame 1, f/✓, Titl /`� Dale (of issuer `
l .f �� �L .. c / • 4n 1: //1
Copy Distribution: —Required:- ."._ Isolate copes as necessary for: Previous edtdora,ire obsolete and may not be used
(.Region 3.Stat •• •ss Section Local Authority Inspector Page 1 of 3 COOT Form#101 5107
2,Applicant 4,Centrat Files IATCE Patrol Traffic Engineer
4
State Highway Access Permit PERMIT EXPIRATION
Form 101, Page 2 1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
The following paragraphs are excerpts of the State Highway or before the expiration of any authorized extension. When
Access Code. These are provided for your convenience but the permittee is unable to commence construction within one
do not alleviate compliance with all sections of the Access year after the permit issue date,the permittee may request a
Code. A copy of the State Highway Access Code is one year extension from the issuing authority. No more than
available from your local issuing authority(local government) two one-year extensions may be granted under any
or the Colorado Department of Transportation (Department). circumstances. If the access is not under construction within
When this permit was issued, the issuing authority made its three years from date of issue the permit will be considered
decision based in part on information submitted by the expired. Any request for an extension must be in writing and
applicant, on the access category which is assigned to the submitted to the issuing authority before the permit expires.
highway, what alternative access to other public roads and The request should state the reasons why the extension is
streets is available, and safety and design standards. necessary, when construction is anticipated, and include a
Changes in use or design not approved by the permit or the copy of page 1 (face of permit) of the access permit.
issuing authority may cause the revocation or suspension of Extension approvals shall be in writing. The local issuing
the permit. authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
APPEALS Department of all denied extensions within ten days. Any
1. Should the permittee or applicant object to the denial of person wishing to reestablish an access permit that has
a permit application by the Department or object to any of expired may begin again with the application procedures.An
the terms or conditions of a permit placed there by the approved Notice to Proceed, automatically renews the
Department, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed.
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a CONSTRUCTION
request for administrative hearing to the Transportation 1. Construction may not begin until a Notice to Proceed is
Commission of Colorado within 60 days of transmittal of approved. (Code subsection 2.4]
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of 2. The construction of the access and its appurtenances
Colorado, 4201 East Arkansas Avenue, Denver, Colorado as required by the terms and conditions of the permit shall
80222-3400. The request shall include reasons for the be completed at the expense of the permittee except as
appeal and may include changes, revisions, or conditions provided in subsection 2.14. All materials used in the
that would be acceptable to the permittee or applicant. construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
2. Any appeal by the applicant or permittee of action by a materials removed from the highway right-of-way will be
local issuing authority shall be filed with the local authority disposed of only as directed by the Department. All fencing,
and be consistent with the appeal procedures of the local guard rail, traffic control devices and other equipment and
authority. materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
3. In submitting the request for administrative hearing, the the permit or the Department inspector.
appellant has the option of including within the appeal a
request for a review by the Department's internal 3. The permittee shall notify the individual or the office
administrative review committee pursuant to [Code] specified on the permit or Notice to Proceed at least two
subsection 2.10. When such committee review is requested, working days prior to any construction within state highway
processing of the appeal for formal administrative hearing, right-of-way. Construction of the access shall not proceed
2.9(5)and(6), shall be suspended until the appellant notifies until both the access permit and the Notice to Proceed are
the Commission to proceed with the administrative hearing, issued. The access shall be completed in an expeditious and
or the appellant submits a request to the Commission or the safe manner and shall be finished within 45 days from
administrative law judge to withdraw the appeal. The two initiation of construction within the highway right-of-way. A
administrative processes, the internal administrative review construction time extension not to exceed 30 working days
committee, and the administrative hearing, may not run may be requested from the individual or office specified on
concurrently. the permit.
4. Regardless of any communications, meetings, 4. The issuing authority and the Department may inspect
administrative reviews or negotiations with the Department the access during construction and upon completion of the
or the internal administrative review Committee regarding access to ensure that all terms and conditions of the permit
revisions or objections to the permit or a denial, if the are met. Inspectors are authorized to enforce the conditions
permittee or applicant wishes to appeal the Department's of the permit during construction and to halt any activities
decision to the Commission for a hearing, the appeal must within state right-of-way that do not comply with the
be brought to the Commission within 60 days of transmittal provisions of the permit, that conflict with concurrent
of notice of denial or transmittal of the permit. highway construction or maintenance work,that endanger
II
State Highway Access Permit or clearances required for construction of the access. Issuance '
Form 101, Page 3 of this access permit does not constitute verification of the
above required actions by the Permittee.
highway property, natural or cultural resources protected by
law,or the health and safety of workers or the public. By accepting the permit, the permittee stipulates and
agrees to fully protect, save, defend, indemnify, and hold
5. Prior to using the access, the permittee is required to harmless, to the extent allowed by law, the issuing Authority,
complete the construction according to the terms and conditions and each of the Authority's directors, officers, employees,
of the permit. Failure by the permittee to abide by all permit agents and representatives, from and against any and all
terms and conditions shall be sufficient cause for the claims, costs (including but not limited to all reasonable fees
Department or issuing authority to initiate action to suspend or and charges of engineers, architects, attorneys, and other
revoke the permit and close the access. If in the determination professionals or expert witnesses and all court or other dispute
of the Department or issuing authority the failure to comply with resolution costs directly incurred by reason of claims directly
or complete the construction requirements of the permit create brought against the Authority), losses, damages, pre- or post-
a highway safety hazard, such shall be sufficient cause for the judgment interest, causes of action, suits, or liability of any
summary suspension of the permit. If the permittee wishes to nature whatsoever by reason of liability imposed due to
use the access prior to completion, arrangements must be Permittee's failure to obtain, or disregard of, any applicable
approved by the issuing authority and Department and included federal, state or local environmental permits, approvals,
in the permit. The Department or issuing authority may order a authorizations, or clearances, or in meeting or complying with
halt to any unauthorized use of the access pursuant to statutory any applicable federal, state or local environmental law,
and regulatory powers. Reconstruction or improvement of the regulation, condition or requirements in connection with any
access may be required when the permittee has failed to meet activities authorized by this Access Permit.
required specifications of design or materials. If any
construction element fails within two years due to improper CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
construction or material specifications, the permittee shall be 1. It is the responsibility of the property owner and permittee
responsible for all repairs. Failure to make such repairs may to ensure that the use of the access to the property is not in
result in suspension of the permit and closure of the access. violation of the Code, permit terms and conditions or the Act.
The terms and conditions of any permit are binding upon all
6. The permittee shall provide construction traffic control assigns, successors-in-interest, heirs and occupants. If any
devices at all times during access construction, in conformance significant changes are made or will be made in the use of the
with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as property which will affect access operation,traffic volume and or
amended. vehicle type, the permittee or property owner shall contact the
local issuing authority or the Department to determine if a new
7. A utility permit shall be obtained for any utility work within access permit and modifications to the access are required.
highway right-of-way. Where necessary to remove, relocate, or
repair a traffic control device or public or private utilities for the 2. When an access is constructed or used in violation of the
construction of a permitted access, the relocation, removal or Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The
repair shall be accomplished by the permittee without cost to Department or issuing authority may summarily suspend an
the Department or issuing authority, and at the direction of the access permit and immediately order closure of the access
Department or utility company. Any damage to the state when its continued use presents an immediate threat to public
highway or other public right-of-way beyond that which is health, welfare or safety. Summary suspension shall comply
allowed in the permit shall be repaired immediately. The with article 4 of title 24, C.R.S.
permittee is responsible for the repair of any utility damaged in
the course of access construction, reconstruction or repair. MAINTENANCE
1. The permittee, his or her heirs, successors-in-interest,
8. In the event it becomes necessary to remove any right-of- assigns, and occupants of the property serviced by the access
way fence, the posts on either side of the access shall be shall be responsible for meeting the terms and conditions of the
securely braced with an approved end post before the fence is permit, the repair and maintenance of the access beyond the
cut to prevent any slacking of the remaining fence. All posts edge of the roadway including any cattle guard and gate, and
and wire removed are Department property and shall be turned the removal or clearance of snow or ice upon the access even
over to a representative of the Department. though deposited on the access in the course of Department
snow removal operations. Within unincorporated areas the
9. The permittee shall ensure that a copy of the permit is Department will keep access culverts clean as part of
available for review at the construction site at all times. The maintenance of the highway drainage system. However, the
permit may require the contractor to notify the individual or permittee is responsible for the repair and replacement of any
office specified on the permit at any specified phases in access-related culverts within the right-of-way. Within
construction to allow the field inspector to inspect various incorporated areas, drainage responsibilities for municipalities
aspects of construction such as concrete forms, subbase, base are determined by statute and local ordinance. The Department
course compaction, and materials specifications. Minor changes will maintain the roadway including auxiliary lanes and
and additions may be ordered by the Department or local shoulders, except in those cases where the access installation
authority field inspector to meet unanticipated site conditions. has failed due to improper access construction and/or failure to
follow permit requirements and specifications in which case the
10. Each access shall be constructed in a manner that shall not permittee shall be responsible for such repair. Any significant
cause water to enter onto the roadway or shoulder, and shall repairs such as culvert replacement, resurfacing, or changes in
not interfere with the existing drainage system on the right-of- design or specifications, requires authorization from the
way or any adopted municipal system and drainage plan. Department.
11. The Permittee is responsible for obtaining any
necessary additional Federal, State and/or City/County permits Form 101, Page 3
4
STATE HIGHWAY ACCESS PERMIT 310140 November 4, 2010
Located on Highway 070A Frontage Road near RP 176.5 Right
Issued to Lunar Vail, LLC
TERMS AND CONDITIONS
1. This access is approved as constructed in accordance with Section 2.6(3) of the Access Code.
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 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.
4. The traffic limitations listed on the face of this permit shall be adhered to. The traffic volumes
are listed in Design Hourly Volume (DHV) trips or Average Daily Trips (ADT) where entering
the site and returning counts as two trips.
5. The traffic volume shall be 57 DHV. The use is for public parking lot of 47 spaces and a 21
unit condominium units.
6. The access is for 434 S. Frontage Road East Commercial Unit Vail Mountain View Residences
on Gore Creek Vail, CO 81657.
7. The access shall be modified to a right in/right out only access when a roundabout is
constructed near Gerald Ford Park per the 2009 Vail Access Management Plan.
8. 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.
9. 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 repair such as culvert replacement, resurfacing, or
changes in design or specifications, requires authorization from the Department.
-2-
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 individuals or agencies
may be contacted for additional information:
• Colorado Department of Public Health and Environment(CDPHE)—General Information—(303)692-2035
Water Quality Control Division(WQCD)(303)692-3500
Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp.
• CDOT Water Quality Program Manager; Rick Willard(303)757-9343
• CDOT Asbestos Project Manager;Julia Horn(303)512-5519
• Colorado Office of Archaeology and Historic Preservation:(303)866-3395
• U.S.Army Corps of Engineers, District Regulatory Offices
Omaha District(NE Colorado), Denver Office (303)979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.html
Sacramento Dist.(Western CO), Grand Junction Office(970)243-1199 http://www.spk.usace.army.mil/cespk-co/requlatory/
Albuquerque District(SE Colorado), Pueblo Reg. Office(719)-543-6915 http://www.spa.usace.armv.mil/req/
• CDOT Utilities, Special Use and Access Permitting:(303)757-9654 http://www.dot.state.co.us/Permits/
Ecological Resources—Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat will require 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 Regional 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.dot.state.co.us/environmental/Wildlife/Guidelines.asp,or the Colorado Division of
Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional
Permitting Office in the Permit Special Provisions.
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. Inventory of
the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If
archaeological or historical artifacts are encountered during the progress of the permitted work,work in the subject area shall be
halted and the CDOT Regional Permitting Office and Regional 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 in the Permit Special Provisions. Contact Information Contact the OAHP at(303)866-3395.
General Prohibition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the
Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint,automotive fluids,
solvents,oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343,or the
Colorado Department of Public Health and Environment,Water Quality Control Division(WQCD)at(303)692-3500.
General Authorization-Allowable Non-Stormwater Discharges-Unless otherwise identified by CDOT or the WQCD as significant
sources of pollutants to the waters of the State,the following discharges to stormwater systems are allowed without a Colorado
Discharge Permit System permit: 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,springs,
footing drains;water line flushing,flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact
Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division(telephone#'s listed above).
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 gasoline 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 Info:Contact the CDOT/CDPHE Liaison at(303)757-9787.
Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November'07
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 CDHPE 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 Julia Horn, CDOT Asbestos Project Manager(303)
512-5519,or Theresa Santangelo-Dreiling, Property Management Supervisor(303)512-5524.
Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities-Discharges of stormwater runoff from
construction sites disturbing one acre or more-or certain types of industrial facilities-requires a CDPS Stormwater Permit. Contact
Information:For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction
contract, please contact the CDOT Water Quality Program Manager at(303)757-9343. Otherwise,contact the CDPHE Water Quality
Control Division at(303)692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html
Construction Dewaterinq(Discharge or Infiltration)—Discharges of water encountered during excavation or work in wet areas
may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits,
contact the CDPHE WQCD at(303)692-3500. Website:http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html
Minimal Industrial Discharge Permit—Discharges of small quantities of wastewater or wastewater requiring minimal treatment,
such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit("MINDI").
Contact Info:Contact the CDPHE WQCD at(303)692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html
Municipal Separate Storm Sewer System(MS4)Discharge Permit—Discharges from the storm sewer systems of larger
municipalities,and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued
by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit,the owner of such
facility should contact the municipality regarding stormwater related clearances that may have been established under that
municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the
Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and
the CDHPE. Contact Information:Contact the CDPHE Water Quality Control Division at(303)692-3500 for a listing of municipalities
required to obtain MS-4 Permits,or go to http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html#MunicipalFormsGuidance.
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-Corps of Engineers 404 Permits are required for the discharge of
dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including
Nationwide Permits,which are issued for activities with relatively minor impacts. For example,there is a Nationwide Permit for Utility
Line Activities(NWP#12). However,depending upon the specific circumstances, it is possible that either a"General"or"Individual"
404 permit would be required. If an Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD
is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404
permit may be required(information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at(303)692-3500.
Erosion and Sediment Control Practices-For activities requiring a Construction Stormwater Permit, erosion control requirements
will be specified through that permit. In those situations where a stormwater permit is not required,all reasonable measures should be
taken in order to minimize erosion and sedimentation. In either case,the CDOT Stormwater Quality and Erosion Control Guide(2002)
should be used to design erosion controls. Contact Information:The CDOT Stormwater Quality and Erosion Control Guide may be
obtained from the Bid Plans Office at 303 757-9313 or from: htt•://www.dot.state.co.us/environmental/envWaterQual/w•ms4.as•
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 the CDOT/CDPHE Liaison or CDOT Water Quality Program Manager.
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. Concrete washout shall only
be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines.
Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343.
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)512-4446(4H2O),as well as the Regional
Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways,or that may otherwise present an
Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November'07
immediate danger to the public shall be reported by calling 911,and shall also be reported to the CDPHE at 1-(877)-518-5608. •
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.
Paleontology-The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder,and the
Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the
permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the
permitted work,all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional 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 in the Permit Special Provisions. Contact Information:
Contact the CDOT Paleontologist at(303)757-9632.
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. The Colorado Division of Wildlife(CDOW)
application,as per guidelines agreed upon by CDOT and CDOW,can be accessed at
www.dot.state.co.us/environmental/wildlife/permitapplication.asp.
About This Form-Questions or comments about this Information Summary may be directed to Dahir Egal,CDOT Safety&Traffic
Engineering, Utilities Unit, at(303)757-9344,dahir.egal(a.dot.state.co.us
Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November'07