Loading...
HomeMy WebLinkAboutCDOT Temporary Access Permitr n STATE OF COLORADO Bill Owens, Governor Douglas H. Benevento, Executive Director Dedicated to protecting and improving the health and environment oI the people o/Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246 -1530 Phone (303) 692 -2000 TDD Line (303) 691 -7700 Located in Glendale, Colorado h ttp ✓ /www. cd phe. sta te. co. us June 28, 2005 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver, Colorado 80230 -6928 (303) 692 -3090 Douglas G. Hipskind, Vice Manager Vail Development, LLC 50 S. 6th Street Ste. 1480 Minneapolis, MN 55402 612/313 -0123 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR- 038447, Eagle County Four Seasons Local Contact: James McNeil, PE, Principal - Alpine Engr., 970/ 453 -6064 Anticipated Activity: 07/25/2005 through 12/3112007 On 2.72 acres (3 acres disturbed) Dear Sir or Madam oF. cO�o all � r * 1876 Colorado Department of Public Health and Environment 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 your certification. 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 /permitsunitlwgcdpmt.html, or contact Matt Czahor at (303) 692 -3575. Sincerely, iZ - Kathryn Dolan Stoimwater 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 Y Permit No. COR- 030000 Facility No. COR- 038447 PAGE 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: The construction activity includes demolition of existing buildings and construction of a new building with parking. This permit specifically authorizes: Vail Development, LLC to discharge stormwater from the facility identified as Four Seasons which is located at: 13 Vail Road & 28 S. Frontage Vail, Co 81657 latitude 39/38/45, longitude 106/23/30 in Eagle County Gore Creek to: Colorado River effective: 06/28/2005 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 u TABLE OF CONTENTS PART A. COVERAGE UNDER THIS PERMIT ......................................................................................................... ............................... 1. Authority to Discharge ............................... ............................................................................... ............................... AND CONDITIONS ...................................................................................................................... a) Applicable Sections .................................................................................................. ............................... 2. Industries Covered Under this Permit ........................................................................................ ............................... ............................... 9 a) Definitions: .............................................................................................................................................. Prohibition of Non- stormwater Discharges ............................................................................... b) Types of Activities Covered by this Permit: ........................................................................................... 3. Permit Coverage Without Application ...................................................................................... ............................... ............................... 9 a) Applicable Sections .................................................................................................. ............................... Stormwater Management Plans ................................................................................................. b) Local Agency Authority ........................................................................................... ............................... c) . Permit Coverage Termination .................................................................................. ............................... ............................... 9 d) Compliance with Qualifying Local Program ............................................................ ............................... b) SWMP Review / Changes .......................................................................................... e) Full Permit Applicability .......................................................................................... ............................... 4. Application, Due Dates ................ ............................................................................................. ............................... ............................... 9 9 a) Application Due Dates ............................................................................................. ............................... a) Active Sites ............................................................................................................... b) Summary of Application .......................................................................................... ............................... 5. Permit Certification Procedures ................................................................................................. ............................... ............................... 10 a) Request for Additional Information ......................................................................... ............................... c) Winter Conditions ..................................................................:................................ b) Automatic Coverage ................................................................................................. ............................... 6. c) Individual Permit Required ...................................................................................... ............................... ............................... 10 d) Temporary Coverage ................................................................................................ ............................... SWMP Submittal Upon Request .............................................................................................. e) General vs. Individual Permit Coverage ................................................................... ............................... D. ADDITIONAL DEFINITIONS ................................................................................................................... f) Local Agency Authority ......•••• ............................... 6. Inactivation Notice ............................... ..................................................................................... ............................... 7. Transfer of Permit ...................................................................................................................... ............................... 8. Permit Expiration Date .............................................................................................................. ............................... 9. Individual Permit Criteria .......................................................................................................... ............................... 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 6 6 B. 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 ..................................................... ............................... 88 5. Other Controls ........................................................................................................................... ............................... 6. Inspection and Maintenance ...................................................................................................... ............................... 8 8 C. TERMS AND CONDITIONS ...................................................................................................................... ............................... 8 1. General Limitations ................................................................................................................... ............................... 9 2. Prohibition of Non- stormwater Discharges ............................................................................... ............................... 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 9 a) Active Sites ............................................................................................................... ............................... 10 b) Completed Sites ....................................................................................................... ............................... 10 c) Winter Conditions ..................................................................:................................ ............................... 10 6. Reporting .................................................................................... ............................... 10 7. SWMP Submittal Upon Request .............................................................................................. ............................... D. ADDITIONAL DEFINITIONS ................................................................................................................... ............................... 10 -2a- TABLE OF CONTENTS (cont.) E. GENERAL REQUIREMENTS ................................................................................................................... ............................... 11 1. Signatory Requirements .............. ............................................................................................. ............................... 11 2. Retention of Records ............................................ ............................... ..................................... ............................... 12 PART I1 B. RESPONSIBILITIES ...................... ............................................................................................................ ............................... 14 1. Inspections and Right to Entry ................................................................................................. ............................... 14 2. Duty to Provide Information ..................................................................................................... ............................... 15 3. Transfer of Ownership or Control ............................................................................................ ............................... 4. Modification, Suspension, or Revocation of Permit By Division ............................................. ............................... 15 5. Permit Violations ...................................................................................................................... ............................... 16 6. Legal Responsibilities ..................................................................... ................................. ........ ............................... 7: Severability ............................................................................................................................... ............................... 16 8. Renewal Application ................................................................................................................ ............................... 17 9. Confidentiality .......................................................................................................................... .....:......................... 17 10. Fees ........................................................................................................................................... ............................... 11. Requiring an Individual CDPS Permit ...................................................................................... ............................... 17 -2b- ............................... 12 A. MANAGEMENT 1. REQUIREMENTS ......................................................................................................... Change in Discharge ................................................................................................................. ............................... 12 2. Special Notifications - Definitions .................................................................... ............................... 13 3. Noncompliance Notification ..................................................................................................... ............................... 13 4. Submission of Incorrect or Incomplete Information ................................................................. ............................... 13 5. Bypass .................. ............................... .................................................................................... ............................... 13 6. Upsets .......... ......................... ............................... ..................................................................... ............................... 14 7. Removed Substances ................................................................................................................ ............................... 14 8. Minimization of Adverse Impact .............................................................................................. ............................... 14 9. Reduction, Loss, or Failure of Treatment Facility .................................................................... ............................... 10. Proper Operation and Maintenance .......................................................................................... ............................... 14 B. RESPONSIBILITIES ...................... ............................................................................................................ ............................... 14 1. Inspections and Right to Entry ................................................................................................. ............................... 14 2. Duty to Provide Information ..................................................................................................... ............................... 15 3. Transfer of Ownership or Control ............................................................................................ ............................... 4. Modification, Suspension, or Revocation of Permit By Division ............................................. ............................... 15 5. Permit Violations ...................................................................................................................... ............................... 16 6. Legal Responsibilities ..................................................................... ................................. ........ ............................... 7: Severability ............................................................................................................................... ............................... 16 8. Renewal Application ................................................................................................................ ............................... 17 9. Confidentiality .......................................................................................................................... .....:......................... 17 10. Fees ........................................................................................................................................... ............................... 11. Requiring an Individual CDPS Permit ...................................................................................... ............................... 17 -2b- PART A. COVERAGE UNDER THIS PERMIT Authoritv to Discharge PART Page 3 Permit No. COR- 030000 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 pernittee 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. 3. Permit Coverage Without Application — 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 I.A.1, I.A.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, II.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. E* 0 A. COVERAGE UNDER THIS PERMIT (cont.) L_J PART Page 4 Permit No. COR- 030000 c) Permit Coverage Termination: When a site has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. e) Full Permit Applicability: The Division may 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. The owner or operator must be notified in writing that an application for full coverage is required. When a permit certification under this permit is issued to an owner or operator that would otherwise be covered under Part I.A.3 of this permit, the full requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I. C. l .h of this Permit. 4. Application, Due Dates a) Application Due Dates: At least ten days prior to the commencement of construction activities, the operator of the construction activity shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD -P -B2 4300 Cherry Creek Drive South Denver, Colorado 80246 -1530 b) Summary of Application: The application requires, at a minimum, the following: 1) The operator's name, address, telephone number, tax payer identification number (or employer identification number), and the status as Federal, State, private, public or other entity; 2) Name, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) A brief description of the nature of the construction activity; 4) The anticipated starting date of the project and the anticipated schedule of completion 5) Estimates of the total area of the site, the area of the site that is expected to be disturbed, and the total area of the larger common plan of development or sale to undergo disturbance; 6) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving water(s); 7) Certification that the SWMP for the construction site is complete (see Part I.B. below); and 8) The signature of the applicant signed in accordance with Part I.E.1 of this permit. 5. Permit Certification Procedures If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. PARTI 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.5.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. 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. 7. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one individual to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Tem>_s 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: 0 A. COVERAGE UNDER THIS PERMIT (cont.) PART Page 6 Permit No. COR- 030000 a) Permit certification number. b) Name, location, and county for the construction site for which the application is being submitted. c) The current permittee's name, address, telephone number and the status as Federal, State, private, public or other entity. d) The new perrnitteeis name, address and telephone number and the status as Federal, State, private, public or other entity. e) Certification that the new permittee has reviewed the permit and SWMP and accepts responsibility, coverage and liability for the permit. f) Effective date of transfer. 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. 8. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2007. The Division must evaluate and reissue this general permit at least once every five years and must recertify the applicant's authority to discharge under the general permit at such time. Any permittee desiring continued coverage under the general permit must reapply by March 31, 2007. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual permit will be required for any facility not reauthorized to discharge under the reissued general permit. 9. Individual Permit Criteria Aside from the activity type, the Division may use other criteria in evaluating whether an individual permit is required It instead of this general permit. This information may.come from the application, SWMP, or additional information as requested by the Division, and includes, but is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system. In addition, an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) The main objective of the plan shall be to identify Best Management Practices (BMPs) which when implemented will meet the terms and conditions of this permit (see Part I.C., below). The plan 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 and ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with construction activity. Construction operations must implement the provisions of the SWMP required under this part as a condition of this permit. The SWMP shall include the following items, at a minimum: C7 PART Page 7 Permit No. COR- 030000 B. 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. of the site that is expected to undergo clearing, excavation or c) Estimates of the total area of the site, and the area 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 the site and an estimate of the percent vegetative ground cover. f) The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers 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 May 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 the phases of construction and the implementation and maintenance of controls and measures. For example, which controls will be implemented during each of the following stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remaining clearing and grubbing, road grading, storm drain installation, fmal grading, stabilization, and removal of control measures. The description of controls shall address the following minimum 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. Non - structural practices may include, but are not limited to: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation. PART Page 8 Permit No. COR- 030000 B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN (cont.) b) Materials Handling and Spill Prevention. The SWMP shall identify any procedures or significant materials (see definitions at Part I.D.) handled at the site that could contribute pollutants to runoff. These could include sources such as: exposed storage of building materials, fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur shall have spill prevention and response procedures identified. Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this. certification, must be identified in the SWMP. 4. Final Stabilization and Longterm Stormwater Management The plan shall include a description of the measures used to achieve final stabilization and measures to control pollutants in stormwater discharges that will occur after construction operations have been completed. Final stabilization is reached 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 can be considered final stabilization. The permittee will be responsible for providing to the Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria for specific operations. 5. Other Controls The plan shall include a description of other measures to control pollutants in stormwater discharges, including plans for waste disposal and limiting off -site soil tracking. 6. Inspection and Maintenance The plan shall include a description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the SWMP. C. TERMS AND CONDITIONS General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of State waters. b) Concrete wash water shall not be discharged to state waters or to storm sewer systems. c) Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate letter. e) The Division reserves the right to require sampling and testing, on a case -by -case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. 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 Discharges 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 3. Releases in Excess of Reportable Quantities 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). 4. Stormwater Management 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.I., 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. 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 Page 10 10 Permit No. COR- 030000 C. TERMS AND CONDITIONS (cont.) 2) Based on the results of the inspection, the description of potential pollutant sources, and the pollution prevention and control measures that are identified in the SWMP shall be revised and modified as appropriate as soon as practicable after such inspection. Modifications to control measures shall be implemented in a timely manner, but in no case more than 7 calendar days after the inspection. 3) The operator shall keep a record of inspections. Any incidence of non - compliance, such as uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site, shall be recorded with a brief explanation as to the measures taken to prevent future violations, as well as any measure taken to clean up the sediment that has left the site. After adequate measures have been taken to correct any problems, or where a report does not identify any incidents of non - compliance, the report shall contain a signed certification indicating the site is in compliance. This record shall be made available to the Division upon request. b) Completed Sites - For sites where all construction activities are completed but final stabilization has not been achieved due to a vegetative cover that has been planted but has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month. When site conditions make this schedule impractical, permittees may petition the Division to grant an alternate inspection schedule. These inspections must be conducted in accordance with paragraphs 1), 2), and 3) of Part I.C.5.a. above. c) Winter Conditions - Inspections, as described above in a) and b), will not be required at sites where snow cover exists over the entire site for an extended period, and melting conditions do not exist. This exemption is applicable only during the period where melting conditions do not exist. Regular inspections, as described above, are required at all other times. Reportine No regular reporting requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. SWMP Submittal Upon Request Upon request, the permittee shall submit a copy of the SWMP to the Division, EPA or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request, unless the SWMP has been submitted to the Division. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. D. ADDITIONAL DEFINITIONS For the purposes of this permit: 1. BAT and BCT: (Best Available Technology and Best Conventional Technology) Technology based federal water quality requirements covered under 40 CFR subchapter N. 2. Best management practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 3. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. PART Page 11 It 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. 5. 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 times on different schedules under one plan. 9. Point source: any discernible, confined and discrete conveyance from which pollutants are or maybe 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 10 1(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 1. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: I ) 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 Page 12 Permit No. COR- 030000 E. GENERAL REQUIREMENTS (cont.) 3) In the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking . elected official, or other duly authorized employee. b) Changes to authorization. If an authorizatior. .'ider paragraph a) of this section is no longer accurate because a different individual or position has responsibilny for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 2. Retention of Records a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of final stabilization, unless another location, specified by the permittee, is approved by the Division. PART II A. MANAGEMENT REQUIREMENTS Change in Discharge The permittee shall inform the Division (Permits Unit) in writing of any intent to significantly change activities from those indicated in the permit application (this does not include changes to the SWNIP). Upon request, the permittee shall furnish the Division with such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. The SWMP shall be updated within 30 days of the changes. The permittee -shall submit this notice to the Division within two weeks after making a determination to perform the type of activity referred to in the preceding paragraph. Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 2. Special Notifications - Definitions a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include ew noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 0 A. MANAGEMENT REQUIREMENTS (cont.) 3. Noncompliance Notification PART II Page 13 Permit No. COR- 030000 a) if, for any reason, the permittee does not comply with or will be unable to comply with any pernvt 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 6ontain the information listed in sub - paragraph (a) of this section. 4. Submission of Incorrect or Incomplete Information Where the pemrittee 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. 5. 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) Conditions Necessary for a Demonstration 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 permittee 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 H.A.3. of this permit (24 -hour notice); and PART II Page 14 Permit No. COR- 030000 A. MANAGEMENT REQUIREMENTS (cont.) 4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. Reduction Loss or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this . permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back -up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The pemmittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or alleged violation. . PART II Page 15 Per No. COR- 030000 B. RESPONSIBILITIES (cont.) 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. 3. 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 permittees 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. 4. Modification Suspension or Revocation of Permit 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 misrepresentati on 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 16 Permit No. COR- 030000 B. RESPONSIBILITIES (cont.) c) This pemrit, or certification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate conditions where data submitted pursuant to Part I indicates that such effluent limitations and conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been met; and 5) Requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically terminated when a site has been finally stabilized. 5. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR 122.26(b)(14), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25 -8 -101. Failure to comply with CDPS permit requirements will also constitute a violation. Civil penalties for such violations may be up to $10,000 per day, and criminal pollution of state waters is punishable by fines of up to $25,000 per day. 6. Legal Responsibilities The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this pemut to any circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. LM PART II Page 17 Permit No. COR- 030000 B. .RESPONSIBILITIES (coot.) 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. Reguiring 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. 1� COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division WQCD -P -B2 4300 Cherry Creek Drive South Denver, Colorado 80246 -1530 RATIONALE STORMWA TER DISCHARGES ASSOCIATED WITH CONSTR UCTION ACTI VITY GENERAL PERMIT IN COLORADO SECOND RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR- 030000 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 VL Qualifying Local Programs 4 VII. Terms and Conditions of Permit 5 VIII. Changes Made After Public Notice 7 L INTRODUCTION This permit is for the regulation of stormwater runofffrom 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: / /www.cdphe. state.co. us/wq /permitsunit/wgcdpmt.htmI A. Chances 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 H 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 1 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 VII A 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. 3. 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. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 2. Permit No. COR- 030000 I. INTRODUCTION (cont) 4. The Rationale discussion on the Exemptions for Small Municipalities (Section 111 B) has been changed to include the March 10, 2003 deadline for permit coverage for municipally -owned industries. This did not involve any changes to the permit. . 11. BACKGROUND As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial stormwater discharges. This framework is under the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES). The Water Quality Control Division ( "the Division') has stormwater regulations (5CCR 1002 -61) in place. These regulations require speck types of industrial facilities that discharge stormwater associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that disturb one acre of land or more as industrial facilities. Construction activities that are part of a larger common plan of development which disturb one acre or more over a period of time are also included. A. General Permits The Water Quality Control Division ( "the Division') has determined that the use of general permits is the appropriate procedure for handling the thousands of industrial stormwater applications within the State. B. Permit Requirements This permit does not require submission of effluent monitoring data in the permit application or in the permit itself. It is believed that a fully implemented Stormwater Management Plan (SWMP) should be sufficient to control water quality impacts. The permit requires dischargers to control and eliminate the sources ofpollutants in stormwater through the development and implementation of a SWMP. The plan must include Best Management Practices (BMPs), which will include pollution prevention and source reduction measures. This will constitute BAT and BCT and should achieve compliance with water quality standards. The narrative permit requirements include prohibitions against discharges of non- stormwater (e.g., process water). Refer to Part I.C.2 of the permit. In addition, as a condition of this permit, the permittee is required to pay the annual fee as described 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 as discussed below. Permittees will be billed for the initial permit fee within a few weeks ofpermit issuance. Some construction activities may be required to comply with a Qualifying Local Program in place of meeting several of the specific requirements in this permit. Sites covered by a Qual ifying Local Program may not be required to submit an application for coverage or a notice of inactivation and may not be required to pay the annual fee. Refer to Section VILA of the Rationale for further information. C. Violations /Penalties Dischargers of stormwater associated with industrial activity, as defined in the Regulations for the State Discharge Permit System (5CCR 1002 -61), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPSpermit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25 -8 -101. For facilities covered under a CDPS permit, failure to comply with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Act or CDPS permit requirements maybe up to $10, 000 per day. Criminal pollution of state waters is punishable by fines of up to $25,000 itper day. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 3. Permit No. COR- 030000 111. STORMWA TER DISCHARGES ASSOCIA TED 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. 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 LD 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 notpart 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. Types ofActivities 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 Covered 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)(iii)(A -I, K)J, are not covered by this permit. This permit also does not cover the discharge ofprocess 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 LA. 4.a of the Permit. D. Exemptions for Small Municipalities 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 4. Permit No. COR- 030000 IV. COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, operators of stormwater discharges associated with construction activity may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes stormwater discharges associated with industrial activity from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site, and dedicated asphalt plants and dedicated concrete plants. 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. Authorization to discharge under the permit requires submittal of a completed application form and a certification that the SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. V. APPLICATIONAND CERTIFICATION At least ten days prior to the commencement of construction activities (i.e.; the initial disturbance of soils associated with clearing, grading, excavation activities, installation of structural BMPS, or other activities), the operator of the construction site shall submit an original completed application which includes the signed certification that the SWMP is complete. In order to avoid confusion during processing, original signatures are required for the application to be considered complete. For small construction sites only, if the site is covered by a Qualifying Local Program (see below), submittal of an application is not required. For the purpose of this permit, the "operator" is the person who has day -to -day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. At different times of a construction project, different types ofparties may satisfy the definition of 'operator' and the certification may be transferred as roles change. (Note - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOI. For internal consistency with its current program, the Division will continue to use the term "application.') An outline of the permit application requirements is found in the permit at Part LA. 4. b. If this general permit is applicable, then a certification will be developed and the applicant will be certified under this general permit. VI. QUALIFYING LOCAL PROGRAMS For stormwater discharges associated with small construction activity (i.e., one to f ve acre sites), the permit includes conditions that incorporate approved qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwaterprogram for stormwater discharges associated with small construction activity that has been formally approved by the Division. The requirements for Qual ifying Local Programs are outlined in Part 61.8(12) of the Colorado Discharger Permit System Regulations (also see the Division's "Qualifying Local Programs for Small Construction Sites - Application Guidance ). Such programs must impose requirements to protect water quality that are at least as strict as those required in this permit. A. Approval Termination: A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termination of Division approval of a Qualifying Local Program, any small construction activity required to obtain permit coverage under Section 61.3(2)(h) of the State Discharge Permit System Regulations shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete as required by Part 1.A.4 of the Permit, within 30 days. B Approval Expiration: Division approval of a Qualifying Local Program will expire with this generalpermit on June 30, 2007. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2007. it The Division will determine if the program may continue as a approved Qualifying Local Program. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division it Rationale - Page S. Permit No. COR- 030000 VII. TERMS AND CONDITIONS OF PERMIT A. Coverage under a Oualifyinje Local Program — For Small Construction Sites Only For small construction sites (disturbing less than S 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 qualms. Most municipalities have some type of localprogram and may require permits and fees. However, simply having a program in place does not necessarily mean that it is a qualifying 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 htip://www.cdphe. state. co .usAvq /PermitsUnit/wgcdpmt.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. 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. 2. 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: LA. 1, I.A.2, and LA. 3: Authorization to discharge and discussion of coverage under the permit. ii. ICI: General limitations that must be met in addition to local requirements. iii. LC.Z, I. C.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 11 (except for Parts N.A.1, H..B.3, II.B.8, and II.BI0): 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 (SWMPs) 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 ofpollution (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 OFPUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 6. Permit No. COR- 030000 VII. TERMS AND CONDITIONS OF PERMIT (cont) C. Monitoring Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing on a case -by -case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. D. Facility Inspections Active construction sites must inspect their stormwater management controls at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. At sites where construction has been completed but a vegetative cover has not been established, these inspections must occur at least once per month. At sites where winter conditions exist, inspections are not required during the period that the winter conditions exist. For all of these inspections, records must be kept -on file. Refer to the permit at Part I. C.5 for detailed requirements of these inspections. E. Revision of SWMP Based on the results of the inspections (see D. above), the description of potential pollutant sources and the pollution prevention and control measures, identified in the SWMP, and the control measures themselves, shall be revised and modified as appropriate as soon as practicable after such inspection. Modification of control measures shall be implemented in a timely manner, but in no case more than 7 calendar days after the inspection. F. Reporting The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. G. Annual Fee The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July 1 through June 30 billing cycle. For small construction activities, if application was made for coverage with a completion date 12 months or less from the start of construction activity, a fee will be assessed based on the estimated number of calendar quarters the site is active. Projects going beyond that time will be billed the standard annual fee. H. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the operator of the facility shall submit an Inactivation Notice that is signed in accordance with Part LE. I of the permit. The content of the Inactivation Notice is described in Part LA.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. An exception to the requirement to submit an inactivation has been included in the renewedpermit for Small Construction Sites that will be finally stabilized within 12 months of the beginning of construction activities. In such cases, the permit certification will indicate the automatic expiration date. Ifpermit coverage is needed beyond that date, an extension request form must be submitted to the Division at least 10 days prior to the expiration date. EO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 7. Permit No. COR- 030000 VII TERMS AND CONDITIONS OF PERMIT (cont.) Transfer of Perm it When responsibility for stormwater discharges at a construction site changes from one individual to another, the permit shall be transferred in accordance with Part I.A. 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. Duration of Permit The genera /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 from 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 L C.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) 0, 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 1. 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 ofprior 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 to the Permit, and the term "ultimate receiving water" clarified to indicate that it means the first named receiving water, if the discharge initially goes to an unnamed ditch or storm sewer. Nathan Moore May 15, 2002 C7 Colorado Department of Public Health & Environment Water Quality Control Division Rec WQCD -P -B2 4300 Cherry Creek Drive South Eff Denver, Colorado 80246 -1530 Year Month Day NOTICE OF TRANSFER AND ACCEPTANCE OF TERMS OF A STORMWATER DISCHARGE GENERAL PERMIT CERTIFICATION 1) To be completed by the NEW permittee: I hereby accept transfer of this Colorado Discharge Permit Certification No. CO _ _ _ _ _ _ _ , which was issued to . I have reviewed the terms and conditions of this permit and the Stormwater Management Plan and accept full responsibility, coverage and liability. This transfer will be effective on: The facility site is located at: Street Address City, State and Zip Code County Name of facility or development The NEW permittee is: Company Name Mailing Address City, State and Zip Code Phone No. Fed. Taxpayer (or Employer) ID No. Local Contact (familiar with facility) Title Phone Number I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment Signature of Permit Applicant (Legally Responsible Party) Date Signed Name (printed) Title 2) To be completed by the Previous permittee: As previous permittee, I hereby agree to the transfer of the above referenced permit and certification and all responsibilities thereof. Name Mailing Address City, State and Zip Code Phone No. Fed. Taxpayer (or Employer) ID No. _ Signature of Permit Applicant (Legally Responsible Party) Date Signed Name (printed) Title 9/97 /trans Colorado Department of Public Health & Environment Water Quality Control Division WQCD -P -B2 4300 Cherry Creek Drive South Denver, Colorado 80246 -1530 INACTIVATION NOTICE FOR FOR AGENCY USE ONLY REC EFF YEAR MONTH DAY CONSTRUCTION STORMWATER DISCHARGE GENERAL PERMIT CERTIFICATION Please print or type Form must be filled out completely. Certification Number: COR -03 _ --- Taxpayer ID or EIN _ _ _ _ _ _ _ _ _ Permittee (Company) Name: Permittee Address: Phone No. ( ) Site/Facility Name: Construction Site Address/Location: County: Contact Person: :4D Summary of work performed and description of final site stabilization: I certify under penalty of law that by the date of my signature below, all disturbed soils at the identified construction site have been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment maintenance wastes have been disposed of properly; and all elements of the Stonmwater Management Plan have been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.0 1001 and 33 U.S.C. 1319.) Signature of Permit Applicant (Legally Responsible Party) Date Signed 0 Name (printed) Title 9197 /cnlin ALPINE ENGINEERING; INC. `October 19, 2006 Mr. Brian Killian Colorado Department of Transportation 222 South 6`h Street, Rm. 100 Grand Junction, CO 81501 RE: Vail Four Seasons Resort Temporary Access Permit No. 306161 Dear Brian: Enclosed for your review is the signed Temporary Access, Permit (PERMIT) for the above — referenced project. Based on our discussions earlier this week (10/16/2006), we will use the existing ingress/egress point for approximately 1 %2 - 2 months before we will need to revise the staging plan. At such time, we will reapply for a new permit. There are two (2) items in the Terms and Conditions of the existing permit which we would request a variance on: 1. Construction Work Times: The existing permit identifies work hours between 7:00 a.m. to 3:30 p.m. when the resort is not opened and 9:00 a.m. to 3:30 p.m. during ski season. The Contractor is requesting a work schedule from one (1) hour after sunrise to one (1) hour before sunset. 'These hours of operation appear to be consistent with the Town's requirements. 2. Weekend Work: The existing permit precludes working at night, Saturdays, Sundays and legal holidays. The Contractor believes that occasional work on Saturdays may be.required to complete the mass excavation in accordance with anticipated project schedules. The Contractor is requesting a variance to accommodate this. Thank you in advance for your cooperation in working with us to resolve these issues. Your consideration of the aforementioned items is greatly appreciated. Should you have additional questions or comments, please do not hesitate to call our office. Sincerely, �r J PE P.O. Box 4603 • Frisco, Colorado 80443 • (970) 453 -6064 • Fax (970) 453 -6631 f F COLD DEPARTMENT OF TRANSPORTATION Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81 501 970- 248 -7230 office 970 - 248 -7294 fax August 22, 2006 Permit # 306161 To: Douglas Hipskind Black Diamond Resorts - Vail, LLC 50 South 6th Street, Suite 1480 Minneapolis, MN 55402 Dear Douglas Hipskind: OT MrA � 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 Terms 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 Terms 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 permit 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: Brian Killian at 970 - 248 -7293 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. CDOT Form #122 11/99 11 STATE HIGHWAY ACCESS PERMIT 306161 August 22, 2006 Located on Highway 070 A near RP 175.00 Right Issued to Black Diamond Resorts, LLC TERMS AND CONDITIONS 1. This is a temporary access permit, it will expire 8- 22 -07. 2. This access is approved as constructed in accordance with Section 2.6(3) of the Access Code. 3. Construction work times for the permitted access listed above are limited to 7:00 am to 3:30 pm during the months that the Vail Ski Resort is not open. When the Vail Ski Resort becomes operational (slated for November 16, 2006) than construction work times will be limited to 9:00 am to 3:30 pm. 4. This temporary 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. 5. 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. 6. 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. 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) Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. b) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. 8. During access construction no construction personnel vehicles will be permitted.to park in the state highway right -of -way. 9. 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 recommendedthat 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. 10. 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. 11. 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. •z- 1Z State Hig. i Access Permit Form 101, Page 2 The following paragraphs are excerpts of the Slate Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the Stale Highway Access Code is available from your local Issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which Is assigned to the highway, what altemalive access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportationj Commission [of Colorado). To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222 -3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, If the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access Is not under construction Within ontl.year of, the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one -year extensions may be granted under any circumstances. If the access is not under construction within three years from dale of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should stale the reasons why the extension is necessary, when construction is anticipated. and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.41 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used In the construction of the access within the highway right -of -way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right -of -way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may Inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to hall any activities within stale right-cif-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. EZ 5. Prior to using the access, the permittee Is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or Issuing authority to Initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or Issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to Improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right -of -way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the stale highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right -of -way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence Is cut to prevent any stacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit Is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field Inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan.. 11. By accepting the permit, permittee agrees to save, Indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of Injuries or damage sustained by any person resulting from the pennittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It Is the responsibility of the property owner and permittee to ensure that the use of the access to the properly is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in- Interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43- 2- 147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors - in- interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access - related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway Including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to Improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 306161 State Highway No /Mp /Side 070A/176.000/R - ermit fee Date of transmittal Region /Section /Patrol Local Jurisdiction 100.00 08/22/2006 03/02/19 Vail The Permittee(s); Douglas Hipskind Black Diamond Resorts - Vail, LLC 50 South 6th Street, Suite 1480 Minneapolis, MN 55402 612- 313 -0123 Applicant; James NcNeal Alpine Engineering, Inc PO Box 4603 Frisco, CO 80443 970 - 453 -6064 Ref No. 06-160 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit Location: This access is approximately 285 feet west of Vail Rd. Access to Provide Service to: TemporaryConstruction Access ...................................... ............................... 12 DHV Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. * This Temporary Permit expires on 08/22/2007. 100.00% IMUNICIPALITY OR COUNTY APPROVAL I Required only when the appropriate local authority retains issuing authority. By (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 as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. (x) 1011806 [This ermit is not valid until signed by a duly authorized representative of the Department. RADO DEPARTMENT OF TRANSPORTATION By (x) ^opy Distribution: Required: 1.Region 2.Applicant 3.Staff Access Section (of issue) Make copies as necessary for: Local Authority Inspector MTCE Patrol Traffic Engineer Title Previous editions are obsolete and may not be used CDOT Form #101 8/98 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6'" Street, Room 100 Grand Junction, Colorado 81501 (970) 248 -7230 October 24, 2006 James McNeal Alpine Engineering PO Box 4603 Frisco, CO 80443 RE: State Highway Access Permit No. 306161, Application No. 06 -160 Located on Highway 070 A, Milepost 176.00 R, in Eagle County Dear Applicant: �l MI���� ►�� RECEIVED OCT 31zoo6 � Laft monies The Colorado Department of Transportation (CDOT) has received your signed permit and application fee for the project referenced above. I have signed and issued the enclosed permit. The next step in the access permitting process is for you (the Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain an approved Notice to Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601 -1, "the Code ") § 2.4. Notice to Proceed Information Well in advance of construction, the Applicant shall request a NTP in writing along with submitting other items, such as construction drawings, specifications, and other required documents to CDOT. The Applicant must submit a complete packet of this information to CDOT with their written request. If the Applicant chooses not to request the NTP, the permit expires pursuant to subsection 2.3(11)(d). CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall correct their submittal and resubmit the complete request for NTP. Once resubmitted, CDOT will review the revised NTP documents within 10 days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Insurance Liability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance naming CDOT as an additional insured party, in the amounts of not less than $600,000 per occurrence and automobile liability insurance of $600,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. i 2) Traffic Control Plan The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification — or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right -of -way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. Please feel free to contact with any questions you might have. Respectfully, a-- &0"* Dan Roussin Region 3 Permit Unit Manager Cc: file permittee Enclosure COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 306161 V Stale Highway No /Mp /Side � f I � -�L'l -U � 070A/176.000/R Permit fee Dale of transmittal Region /Section /Patrol Local Jurisdiction 100.00 08/22/2006 1 03/02/19 1 Vail The Permittee(s); Applicant; Ref No. 06 -160 Douglas Hipskind James NcNeal Black Diamond Resorts - Vail, LLC Alpine Engineering, Inc 50 South 6th Street, Suite 1480 PO Box 4603 Minneapolis, MN 55402 Frisco, CO 80443 612 - 313 -0123 970 - 453 -6064 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: This access is approximately 285 feet west of Vail Rd. Access to Provide Service to: TemporaryConstruction Access ...................................... ............................... 12 DHV 100.00% Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. * This Temporary Permit expires on 08/22/2007. 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 as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. !:e Date l ob (x) o 18 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMEN OF TRANSPORTATION By Date (of issue Title Copy Distribution: Required: Make copies as necessary for: Previous editions are obsolete an ay not be used 1.Region Local Authority Inspector CD Form #101 8/98 2.Applicanl MTCE Patrol Traffic Engineer 3.Staff Access Section STATE HIGHWAY ACCESS PERMIT 306161 August 22, 2006 Located on Highway 070 A near RP 175.00 Right Issued to Black Diamond Resorts, LLC TERMS AND CONDITIONS 1. This is a temporary access permit, it will expire 8- 22 -07. 2. This access is approved as constructed in accordance with Section 2.6(3) of the Access Code. 3. Construction work times for the permitted access listed above are limited to 7:00 am to 3:30 pm during the months that the Vail Ski Resort is not open. When the Vail Ski Resort becomes operational (slated for November 16, 2006) than construction work times will be limited to 9:00 am to 3:30 pm. 4. This temporary 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. 5. 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. 6. 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. 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) Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. b) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. 8. During access construction no construction personnel vehicles will be permitted to park in the state highway right -of -way. 9. 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. 10. 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. 11. 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. -2- r, COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: Instructions: Contact the Colorado Department of Transportation (CDOT) or your local government to determine your issuing authority. - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority. Please print Submit an application for each access affected. O type - If you have any questions contact the issuing authority. - For additional information see CDOT's Access Management website at http://www.dot.state.co.us/AccessPermitslindex.htm 1) Property owner ( Permittee) 2) Agent for permittee (if different from property owner) r WF- lG AkzA,e 14, L�FCK 214449W �C>o`av - � c Street address L 5-p i fe /480 Mailing add ss !: 0 03 City, state & zip 5' ` 540 Phone # City, state & zip �•' 43 Phone # (required) i k v /Na &IZ - 62/43 (5CD - E -mail address Or, E -m 'I address i avails / X4 Vow- @ a ,r e. o mez - 3) Address of property to be served y p mit (required) fii IL i # 4) Legal description of property: If within juris ctiona! limits of Municipality, city and /or County, which one? subdivision /f � � block to section townshi ran yare 5) What State Highway you requesti access from? A / 6) What side of the hi way? ❑N S ❑ E ❑ W 7) How many feet is the proposed access from the nearest milepost? How many feet is the propose access from the nearest cross stree . feet ❑ N ❑S ❑ E ❑W) from.Nfil �f �v_�_ feet pN ❑S ❑E W) from: _ ' 6) What is the approximate date you intend to begin con uction? SIB Check here if you are requesting a: new access Mtemporary access (duration anticipated: improvement to existing access change in accesf use ❑removal of access ❑relocation of an existing access (provide detail) 10) Provide existing property use I/�c4A'T — Fi4 fu re F, ,7- PwPve4 Reeff 11) Do you have know) dge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? Elno Ekes, if yes - what are the permit number(s) and provide copies: and /or, permit date: '�;D A f # 8 30 3 3 . ( A 4 ©Zo rSPECf�� ua� /fir, �Z 12) Does the property owner own or have any interests in any ad' cent property? POtno E] yes, if yes - please describe: r 13) Are there other exts ing or dedicated public streets, roads, highways or access easements bordering or within the property? Ono yes, if yes - list them on your n and indicA the proposed and existing access points. VI L 14) If you are requesting agricultural field access - how many acres will the access serve? 1�y,4 15) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business /land use square footage business square footage /V/ 16) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units? « of units type number of units type number Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. icate if your counts are # of passenger cad light trucks at peak hour volumes # of multi unit truck*tak hour volumes eak hour volumes or ❑average daily volumes. . o single unit vehicles in excess of 30 ft. ." 6) — # of farm vehicles (field equipment) -- -- Total count of all vehicles 0 0 /z Previous editions are obsolete and may not be used rage 'I or z i.uuI rurm xror iuvv V Previous editions are obsolete and may not be used Page 2 of 2 CDOT Form #137 12104 18) h the issuing authority to determine which of the following documents are required to complete the review of your application. Property map indicating other access, bordering roads and streets. e) Subdivision, zoning, or development plan. 7(� Highway and driveway plan profile. f) Proposed access design. Drainage plan showing impact to the highway right -of -way. g) Parcel and ownership maps including easements. Map and letters det ailing utility locations before and after h) Traffic studies. development in and along the right -of -way. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility /Special Use Permit offices or accessed via the CDOT Planning/ Construction - Environmental- Guidance webpage http/ /www. dot. state .co.us /environmental /Forms.asp. 2- 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. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI /ISEA 107 -1999, class 2); head protection that complies with the ANSI Z89.1 -1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41 -1999. Where any of the above - referenced ANSI standards have been revised, the most recent version of the standard shall Pply• J 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe 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 /DesignSupport / >, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. A plicant's signature Print name Date C � �� (� 4,52 f the applicant is not the owner of the property, we require this application also to be signed by the property owner or heir legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement J, with this application by all owners -of- interest unless stated in writing. If a permit is issued, the property owner, in most ases, will be listed as the permittee. Property owner signature Print name Date V Previous editions are obsolete and may not be used Page 2 of 2 CDOT Form #137 12104 r r}.' «. COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 303143 State Highway No /Mp /Side 070A/176.000/R Permit fee 7-7. ate of transmittal Region /Section /Patrol Local Jurisdiction 300.00 10/07/2003 1 03/02/20 Eagle County The Permittee(s); Applicant; Ref No. 03 -048 Doramar Hotels Inc. Nicollet Island Development Co. 4849 Bannock Street 821 Marquette Ave South, Suite 600 Denver, CO 80216 Minneapolis, MN 55402 303 - 298 -1496 612- 332 -1500 is hereby granted permission to have an access to the state highway at the location. noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms; conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the pemlt. Location: Located on the south side of I -70 Frontage, a distance of 350 west of Vail Road. Access to Provide Service to: ResortHotel ........................................................................ ............................... 64 DHV 74.00% High -Rise Residential Condo / Townhouse ....................... ............................... 13 DHV 15.00% HealthClub ......................................................................... ............................... 9 DHV 11.00% 678 7 Other terms and conditions: `sr * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. pG% MUNICIPALITY OR COUNTY APPROVAL,;; \� Required only when the appropriate local authority retains issuing authority. P 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 permitter shall notify Wirk Bacialli with the Colorado Deparfinen or Transportation in bovvd .l.uncrion at p70- B.45 -7347 at least,48 hears; for to commencing construction :within the State Highway right of -way. The person signing as the permittee must be the own or legal representative of the property served by the permitted access and have full authority to t the permit and its t conditions. 7r Perms Da (X) �� 1 ?� TkiiS permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION gy Date (of issue) �1 03 Title (x ) Y. Access Manager Copy ribution: ? -7,0 r ). Required: Make copies as necessary for. 1.Region Local Authority Inspector 2.Applicant MTCE Patrol Traffic Engineer 3. Staff Access Section Previous editions are obsolete and may not be used CDOT Form #101 8/98 { 0 G C.C1.1-ORADO DEPARTMENT OF TRANSPORTATION SPATE HIGHWAY ACCESS PERMIT Date of transmittal Region /Section /Patrol 300.00 Q�- 10/07/2003 1 03/02/20 CDOT Permit No. 303208 State Highway No /Mp /Side 070A/175.980/R Local Jurisdiction The Permittee(s); Applicant; Ref No. 03 -208 Doramar Hotels Inc. Nicollet Island Development Co. 4849 Bannock Street 821 Marquette Ave South, Suite 600 Denver, CO 80216 Minneapolis, MN 55402 303 -298 -1496_ 612- 332 -1500 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the south side of I -70 Frontage, a distance of 460 west of Vail Road. Access to Provide Service to: Warehousing (Loading Dock) ......................................:... ............................... 10 DHV 100.00 % j ter.. %•`� ° ¢r rS 707_ Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. O� By Date Title `y� ✓�. " N 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 within45 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 Mark Baciaili with the C610rado Department of Transportation in Dowd Junction at 970- 845 -7347 at feast 48 ho.iurs,prror to commencing construction within the State Highway .right -of -way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions e Date This permit is not valid until signed by a duly authorized representative of the Department. COLOR O DEPAkTMENT O TRANSPORTATION By Date (of issue) Title (x) DFC .S`3 20P Access Manager it Copy ribution: ,Required: Make copies as necessary:for. 1.Region Local Authority Inspector 2.Applicant MTCE Patrol . Traffic Engineer 3.Staff Access Section Previous editions are obsolete and may not be used CDOT Form #101 8/98 \J COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit fee w" I Date of transmittal. Region /Section /Patrol 300.00 10/07/2003 03/02/20 CDOT Permit No. 303144 State Highway No /Mp /Side 070A/176.010/R Local Jurisdiction The Permittee(s); Applicant; Ref No. 03 -049 Doramar Hotels, Inc. Nicollet Island Development Co. 4849 Bannock Street 821 Marquette Ave South, Ste 600 Denver, CO 80216 Minneapolis, MN 55402 303- 298 -1496 612 -332 -1500 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location; Located on the south side of I -70 Frontage, a distance of 285 feet west of Vail Road. Access to Provide Service to: ResortHotel ........................................................................ ............................... 57 DHV 76.00 % High -Rise Residential Condo/Townhouse ....................... ............................... 12 DHV 16.00 % HealthClub ..:...................................................................... ............................... 6 DHV 8. o Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. rte}' � MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authori tY retains issuing authority. c, r_.t, E•� �` 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 Mark Bacialft wish the Colorado Department of Transportation "i.n Dowd Junction at 970- 845. =7347 at Ieast748 hours,prtor to comme;nctng consx4r�uctton'withln tie State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full. authority to accept the per ms a conditions. P tte Dajt� (X) 102_ tx o`1 f70y� This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION gy. Date issue) Title (x) -3 ZUZTY� Access Manager Copy stribution: ea: Make copies as necessary for: Previous editions are obsolete and may not be used 1.Region Local Authority Inspector 'CDOT Form #101 8198 2.Applicant MTCE Patrol Traffic Engineer 3.Staff Access Section