HomeMy WebLinkAbout314011 Strata CDot Access permit ExecutedState Highway Access Permit
Form 101, Page 2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is
available from your local issuing authority (local government)
or the Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on information submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of
the terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a
request for administrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-3400. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consistent with the appeal procedures of the local
authority.
3. In submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department’s internal
administrative review committee pursuant to [Code]
subsection 2.10. When such committee review is requested,
processing of the appeal for formal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings,
administrative reviews or negotiations with the Department
or the internal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal the Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission within 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. If the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (face of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.4]
2. The construction of the access and its appurtenances
as required by the terms and conditions of the permit shall
be completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-of-way. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days from
initiation of construction within the highway right-of-way. A
construction time extension not to exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. Inspectors are authorized to enforce the conditions
of the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent
highway construction or maintenance work, that endanger
State Highway Access Permit
Form 101, Page 3
highway property, natural or cultural resources protected by
law, or the health and safety of workers or the public.
5. Prior to using the access, the permittee is required to
complete the construction according to the terms and conditions
of the permit. Failure by the permittee to abide by all permit
terms and conditions shall be sufficient cause for the
Department or issuing authority to initiate action to suspend or
revoke the permit and close the access. If in the determination
of the Department or issuing authority the failure to comply with
or complete the construction requirements of the permit create
a highway safety hazard, such shall be sufficient cause for the
summary suspension of the permit. If the permittee wishes to
use the access prior to completion, arrangements must be
approved by the issuing authority and Department and included
in the permit. The Department or issuing authority may order a
halt to any unauthorized use of the access pursuant to statutory
and regulatory powers. Reconstruction or improvement of the
access may be required when the permittee has failed to meet
required specifications of design or materials. If any
construction element fails within two years due to improper
construction or material specifications, the permittee shall be
responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
6. The permittee shall provide construction traffic control
devices at all times during access construction, in conformance
with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as
amended.
7. A utility permit shall be obtained for any utility work within
highway right-of-way. Where necessary to remove, relocate, or
repair a traffic control device or public or private utilities for the
construction of a permitted access, the relocation, removal or
repair shall be accomplished by the permittee without cost to
the Department or issuing authority, and at the direction of the
Department or utility company. Any damage to the state
highway or other public right-of-way beyond that which is
allowed in the permit shall be repaired immediately. The
permittee is responsible for the repair of any utility damaged in
the course of access construction, reconstruction or repair.
8. In the event it becomes necessary to remove any right-of-
way fence, the posts on either side of the access shall be
securely braced with an approved end post before the fence is
cut to prevent any slacking of the remaining fence. All posts
and wire removed are Department property and shall be turned
over to a representative of the Department.
9. The permittee shall ensure that a copy of the permit is
available for review at the construction site at all times. The
permit may require the contractor to notify the individual or
office specified on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase, base
course compaction, and materials specifications. Minor changes
and additions may be ordered by the Department or local
authority field inspector to meet unanticipated site conditions.
10. Each access shall be constructed in a manner that shall not
cause water to enter onto the roadway or shoulder, and shall
not interfere with the existing drainage system on the right-of-
way or any adopted municipal system and drainage plan.
11. The Permittee is responsible for obtaining any
necessary additional Federal, State and/or City/County permits
or clearances required for construction of the access. Issuance
of this access permit does not constitute verification of the
above required actions by the Permittee.
By accepting the permit, the permittee stipulates and
agrees to fully protect, save, defend, indemnify, and hold
harmless, to the extent allowed by law, the issuing Authority,
and each of the Authority’s directors, officers, employees,
agents and representatives, from and against any and all
claims, costs (including but not limited to all reasonable fees
and charges of engineers, architects, attorneys, and other
professionals or expert witnesses and all court or other dispute
resolution costs directly incurred by reason of claims directly
brought against the Authority), losses, damages, pre- or post-
judgment interest, causes of action, suits, or liability of any
nature whatsoever by reason of liability imposed due to
Permittee’s failure to obtain, or disregard of, any applicable
federal, state or local environmental permits, approvals,
authorizations, or clearances, or in meeting or complying with
any applicable federal, state or local environmental law,
regulation, condition or requirements in connection with any
activities authorized by this Access Permit.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. It is the responsibility of the property owner and permittee
to ensure that the use of the access to the property is not in
violation of the Code, permit terms and conditions or the Act.
The terms and conditions of any permit are binding upon all
assigns, successors-in-interest, heirs and occupants. If any
significant changes are made or will be made in the use of the
property which will affect access operation, traffic volume and or
vehicle type, the permittee or property owner shall contact the
local issuing authority or the Department to determine if a new
access permit and modifications to the access are required.
2. When an access is constructed or used in violation of the
Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The
Department or issuing authority may summarily suspend an
access permit and immediately order closure of the access
when its continued use presents an immediate threat to public
health, welfare or safety. Summary suspension shall comply
with article 4 of title 24, C.R.S.
MAINTENANCE
1. The permittee, his or her heirs, successors-in-interest,
assigns, and occupants of the property serviced by the access
shall be responsible for meeting the terms and conditions of the
permit, the repair and maintenance of the access beyond the
edge of the roadway including any cattle guard and gate, and
the removal or clearance of snow or ice upon the access even
though deposited on the access in the course of Department
snow removal operations. Within unincorporated areas the
Department will keep access culverts clean as part of
maintenance of the highway drainage system. However, the
permittee is responsible for the repair and replacement of any
access-related culverts within the right-of-way. Within
incorporated areas, drainage responsibilities for municipalities
are determined by statute and local ordinance. The Department
will maintain the roadway including auxiliary lanes and
shoulders, except in those cases where the access installation
has failed due to improper access construction and/or failure to
follow permit requirements and specifications in which case the
permittee shall be responsible for such repair. Any significant
repairs such as culvert replacement, resurfacing, or changes in
design or specifications, requires authorization from the
Department.
Form 101, Page 3
STATE HIGHWAY ACCESS PERMIT 314011 February 21, 2014
Located on SH I70 Frontage Road, at mile post 175.4 Right
Issued to Lionshead Inn LLC.
TERMS AND CONDITIONS
1. This permitted access is only for the use and purpose stated in the Application and Permit.
This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and
is based in part upon the information submitted by the Permittee. Any subsequent relocation,
reconstruction, or modifications to the access or changes in the traffic volume or traffic nature
using the access shall be requested for by means of a new application. Any changes causing
non-compliance with the Access Code may render this permit void, requiring a new permit.
2. The permanent traffic volume shall be 8 DHV. This is delivery truck for luxury condominiums
3. The access temporarily will be used for construction traffic. The temporary traffic shall be 22
DHV. The temporary access shall expire May 30, 2016. The permanent access shall use the
existing temporary access location.
4. The access shall be restricted to a right turn ingress and right turn egress. All left turning
ingress and egress shall be prohibited. The Notice to Proceed construction plans shall
demonstrate that access is restricted to a right-in/right out access to the Departments
satisfaction.
5. This access shall be constructed 24 feet wide with turning radii to accommodate the minimum
turning radius of the largest vehicle.
6. The access shall be constructed perpendicular to the travel lanes of the State Highway for a
minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on
the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20
feet of driveway. This design shall be in conformance with section 4 of the State Highway
Access Code, 2CCR 601-1.
7. Materials, Placing and Compaction of a Residential Access up to Five Homes and 5 DHV:
Unless the Applicant has approval from the Access Manager which may state otherwise, the
following will be required for driveway construction: Base: 12 inches of class 6 gravel in two 6
inch lifts. Surface: 4 inches of HMA in two 2 inch lifts. Compaction of the subgrade,
embankments and backfill shall comply with sections 203 & 304 of the Colorado Highway
Standard Specifications for Road and Bridge Construction.
8. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately
upon completion of earthwork construction and prior to use
9. This permit replaces permit any and all additional access permits that may be in existence for
this access.
10. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the
access or any activity within the highway Right-of-Way. To receive the Notice to Proceed the
Applicant shall submit a complete packet to CDOT with the following items:
(a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction.
(b) Construction Plans (11”x 17” with a minimum scale of 1” = 50’) in full compliance with the
State Highway Access Code The plan shall provide:
i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc.
STATE HIGHWAY ACCESS PERMIT 314011 February 21, 2014
Located on SH I70 Frontage Road, at mile post 175.4 Right
Issued to Lionshead Inn LLC.
ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder
dimensions.
iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc.
(c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access
Code.
(d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The
Traffic Control Plan shall provide accessibility features to accommodate all pedestrians
including persons with disabilities for all pathways during construction.
11. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is
required to maintain all drainage in excess of historical flows and time of concentration on site.
All existing drainage structures shall be extended, modified or upgraded, as applicable, to
accommodate all new construction and safety standards, in accordance with the Department’s
standard specifications.
12. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State
Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be
protected with a suitable barrier per State and Federal Standards.
13. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS
43-3-102 Including but not limited to restricting left hand turns by construction of physical
medial separations.
14. 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.
15. 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.
16. The Permittee shall provide accessibility features to accommodate all pedestrians including
persons with disabilities for all pathways during and after construction.
17. The Permittee is required to comply with the Americans with Disabilities Act Accessibility
Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation
Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as
a federal standard. These guidelines are defining traversable slope requirements and
prescribing the use of a defined pattern of truncated domes as detectable warnings at street
crossings. The new Standards Plans and can be found on the Design and Construction
Project Support web page at: http://www.dot.state.co.us/DesignSupport/, then click on Design
Bulletins.
18. When it is necessary to remove any highway right-of-way fence, the posts on either side of the
access entrance shall be securely braced with approved end posts and in conformance with
STATE HIGHWAY ACCESS PERMIT 314011 February 21, 2014
Located on SH I70 Frontage Road, at mile post 175.4 Right
Issued to Lionshead Inn LLC.
the Department’s M-607-1 standard, before the fence is cut, to prevent slacking of the
remaining fence. All materials removed shall be returned to the Department.
19. It shall be the responsibility of the Permittee to maintain adequate sight distance for this
driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole
responsibility of the Permittee.
20. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property
serviced by the access shall be responsible for meeting the terms and conditions of the permit,
the repair and maintenance of the access beyond the edge of the roadway including any cattle
guard and gate, and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. Within
unincorporated areas the Department will keep access culverts clean as part of maintenance
of the highway drainage system. However, the permittee is responsible for the repair and
replacement of any access-related culverts within the right-of-way. Within incorporated areas,
drainage responsibilities for municipalities are determined by statute and local ordinance. The
Department will maintain the roadway including auxiliary lanes and shoulders, except in those
cases where the access installation has failed due to improper access construction and/or
failure to follow permit requirements and specifications in which case the permittee shall be
responsible for such repair. Any significant repair such as culvert replacement, resurfacing, or
changes in design or specifications, requires authorization from the Department.
21. Any damage to present highway facilities including traffic control devices shall be repaired
immediately at no cost to the Department and prior to continuing other work.
22. During access construction no construction personal vehicles will be permitted to park in the
state highway right-of-way.
23. If the access has a gate across it, the gate shall be set back far enough from the highway so
that the longest vehicle using it can clear the roadway when the gate is closed.
24. 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 can be found in the M & S
Standards Plan No. M-208-1.
25. 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.
26. 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.
27. The access shall be completed in an expeditious and safe manner and shall be completed
within 45 days from initiation of construction within State Highway right-of-way or in
accordance with written concurrence of the Access Manager. All construction shall be
completed in a single season.
STATE HIGHWAY ACCESS PERMIT 314011 February 21, 2014
Located on SH I70 Frontage Road, at mile post 175.4 Right
Issued to Lionshead Inn LLC.
28. All costs associated with any type of utility work will be at the sole responsibility and cost of the
Permittee and at no cost to CDOT.
29. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their
original conditions to insure proper strength and stability, drainage and erosion control.
Restoration shall meet the Department’s standard specifications for topsoil, fertilization,
mulching, and re-seeding.
30. Upon the completion of the access and prior to any use as allowed by this permit, the
Applicant shall notify the Access Manager by certified mail within 10 days to request a final
inspection. This request shall include certification that all materials and construction have
been completed in accordance with all applicable Department Standards and Specifications;
and that the access is constructed in conformance with the State Highway Access Code, 2
CCR 601-1, including this permit. The Engineer of Record as indicated on the construction
plans, may be requested by the Department for this inspection. The access serviced by this
permit may not be opened to traffic until written approval has been given from the CDOT
Access Manager.
Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation December ‘10
COLORADO DEPARTMENT OF TRANSPORTATION
Environmental Clearances Information Summary
PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to
perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly
encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional
environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal
agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a
specific activity. IMPORTANT – Please Review The Following Information Carefully – Failure to Comply With Regulatory
Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies
CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies
may be contacted for additional information:
• Colorado Department of Public Health and Environment (CDPHE): General Information – (303) 692-2035
Water Quality Control Division (WQCD): (303) 692-3500
Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp.
• CDOT Water Quality Program Manager: Rick Willard (303) 757-9343 http://www.coloradodot.info/programs/environmental/water-
quality
• CDOT Asbestos Project Manager: Theresa Santangelo-Dreiling, (303) 512-5524
• Colorado Office of Archaeology and Historic Preservation: (303) 866-3395
• U.S. Army Corps of Engineers, District Regulatory Offices:
Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.html
Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/cespk-co/regulatory/
Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.army.mil/reg/
• CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/
Ecological Resources – Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any
threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted
and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may
be obtained from the CDOT website, http://coloradodot.info/programs/environmental/wildlife/guidelines, or the Colorado Division of
Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the appropriate
Region Planning and Environmental Manager (RPEM).
Cultural Resources – The applicant must request a file search of the permit area through the Colorado Office of Archaeology and
Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of
the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological
sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project
progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and
Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work.
Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file
search at (303) 866-3395.
Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum,
Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified.
Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are
encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and
Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the
continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions.
Contact Information: Contact the CDOT Paleontologist at (303) 757-9632.
Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate
of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There
are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be
generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a
permitted facility or designated collection point (e.g., for solid waste, a utility or construction company’s own dumpster). If pre-existing
solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings,
etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the
CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Andy Flurkey, CDOT Hazardous Materials Project
Manager, (303) 512-5520.
Asbestos Containing Materials, Asbestos Contaminated Soil – All work on asbestos containing materials (ACM) must comply with
the applicable requirements of the CDPHE Air Pollution Control Division’s (APCD) Regulation 8. Disposal of ACM, and work done in
asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division’s (HMWMD) Solid
Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which
authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact
Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above.
Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 512-
5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524.
Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation December ‘10
Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless
that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The
hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or
authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must
obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For
authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra-state HAZMAT
Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868.
Discharge of Dredged or Fill Material – 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401
Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of
dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including
Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility
Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a “General” or “Individual”
404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD
is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be
required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500.
Working on or in any stream or its bank - In order to protect and preserve the state’s fish and wildlife resources from actions that
may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to
obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a
solid blue line on USGS 7.5’ quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or
3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of
streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW)
application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at
http://www.coloradodot.info/programs/environmental/wildlife/guidelines.
Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff
from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a
CDPS Stormwater Construction Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and
coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-
9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website:
http://www.cdphe.state.co.us/wq/PermitsUnit/index.html.
Construction Dewatering (Discharge or Infiltration) – Discharges of water encountered during excavation or work in wet areas
may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits,
contact the CDPHE WQCD at (303) 692-3500. For Dewatering Application and Instructions, see Section 3 at the CDPHE website:
http://www.cdphe.state.co.us/wq/PermitsUnit/FORMSandApplications/Appsandformsnewpage.html
Municipal Separate Storm Sewer System (MS4) Discharge Permit – Discharges from the storm sewer systems of larger
municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued
by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit, the owner of such
facility should contact the municipality regarding stormwater related clearances that may have been established under that
municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with
the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit # COS-
000005 (http://www.coloradodot.info/programs/environmental/water-quality/documents/CDOT%20MS4%20Permit.doc/view) and
COR-030000 (http://www.cdphe.state.co.us/wq/PermitsUnit/PERMITs/SWpermitsrats/SWConstructionPErmit.pdf). Discharges are
subject to inspection by CDOT and CDHPE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of
municipalities required to obtain MS4 Permits, or go to http://www.cdphe.state.co.us/wq/permitsunit/MS4/MS4Permittees.pdf.
General Prohibition – Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the
Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint,
automotive fluids, solvents, oils or soaps and sediment. Allowable non-stormwater discharges can be found at
http://www.coloradodot.info/programs/environmental/water-quality/glossary.html#AllowableDischarge. Contact Information: Contact
the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water
Quality Control Division at (303) 692-3500.
General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant
sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado
Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate
storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water,
uncontaminated springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting
activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division
(telephone #’s listed above).
Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction Permit, erosion control requirements
will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be
taken in order to minimize erosion and sedimentation according to CDOT 208 specifications. In either case, the CDOT Erosion
Control and Stormwater Quality Guide (most recent version) should be used to design erosion controls and to restore disturbed
vegetation. Contact Information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans
Office at (303) 757-9313 or from: http://www.dot.state.co.us/environmental/envWaterQual/wqms4.asp Error! Hyperlink
reference not valid.
Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as “discharges”
or “solid wastes”, and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right
of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm
Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation December ‘10
sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid
Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being
separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if
required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2)
the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the
area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information:
Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager.
Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving
waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a
minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT
Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT
Water Quality Program Manager at (303) 757-9343. Website: http://www.coloradodot.info/programs/environmental/water-
quality/revised-m-standards; refer to the link Revision of Sections 101, 107, 208, 213 and 620 Water Quality Control One or More
Acres of Disturbance for additional guidance.
Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm
drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional
Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way
exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also
be reported to the CDPHE at 1-877-518-5608.
About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, CDOT Safety & Traffic
Engineering, Utilities Unit, at (303) 757-9841, mailto:alex.karami@dot.state.co.us.
For more information on CDOT Utility Permits:
www.dot.state.co.us/UtilityProgram/
For more information on CDOT Access Permits:
www.dot.state.co.us/AccessPermits/index.htm
For more information on CDOT’s Water Quality Program:
Contact: Water Quality Program Manager
4201 East Arkansas Avenue
Shumate Building
Denver, CO 80222
303-757-9343
CDOT’s stormwater program website: www.cdoth2o.com
CDOT Illicit Discharge Hotline: 303-512-4H2O (4426)
Water Quality Program
INDUSTRIAL FACILITIES PROGRAMBest management practices for industrial
facility permittees
Industrial facilities can use best management practices during construction of the
facility and when operating the facility. Best management practices are schedules of
activities, prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce pollution entering CDOT’s storm drain system. BMPs also
include treatment, operating procedures, and practices to control site runoff, spillage or
leaks, waste disposal, or drainage from material storage. BMPs include structural and
nonstructural controls.
Resources for BMPs during construction of a facility
• EPA Storm Water Phase II Menu of BMP’s
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm
• International Stormwater BMP Database
www.bmpdatabase.org
• International Erosion Control Association
www.ieca.org/resources/TS6ErosionSedimentControl.asp
Resources for BMPs during operation of a facility
• Industrial and Commercial Handbook
www.cabmphandbooks.com/Industrial.asp
• Industrial Facilities Best Management Practices
www.ci.santa-cruz.ca.us/pw/Stormwater2004/Att16.pdf
• Best Management Practices for Industrial Storm Water Pollution Control
www.emd.saccounty.net/Documents/Info/Sacramento%20
Industrial%20BMP%20Manual%20Nov.pdf
CDOT has a permit from the Colorado Department
of Public Health and the Environment (CDPHE) to
discharge stormwater from its storm drain system. The
permit states that only stormwater (and a few other
allowable discharges like landscape irrigation overflow)
can be discharged from CDOT’s storm drain system.
Pollutants, such as dirt; fertilizers; pesticides; and oil
and grease, antifreeze; and other automotive fluids are
strictly prohibited from being disposed of in CDOT’s
storm drain system.
As part of the permit, CDOT has several different
programs to prevent pollutants from entering the storm
drain system. The programs are:
• Construction sites program
• New development and redevelopment program
• Illicit discharges program
• Industrial facilities program
• Public education and involvement program
• Pollution prevention and good housekeeping
program
• Wet weather monitoring program
What is stormwater runoff?
Stormwater runoff occurs when
precipitation from rain or snowmelt
flows over the ground. Impervious
surfaces like roads and sidewalks
prevent stormwater from naturally
soaking into the ground.
Why is stormwater runoff a
problem?
Stormwater can pick up debris,
chemicals, dirt, and other pollutants
and flow into CDOT’s storm drain
system or directly into a stream, river,
lake, wetland, or reservoir. Anything
that enters CDOT’s storm drain
system is discharged untreated into
the waterways we use for fishing,
swimming, and providing drinking
water.
Stormwater runoff enters the storm drain system, which is
different from the wastewater system. Stormwater runoff
drains to waterways untreated.
Education
There are instances when a utility company or other
entity doing work in the state highway right-of-way will
require some type of environmental permit or clearance
for that work. CDOT has put together an Environmental
Clearances Information Summary for those applying for
a CDOT Utility and Special Use Permit or Access Permit
to obtain all required clearances. This fact sheet is given
to each permittee and is available at www.dot.state.
co.us/UtilityProgram/Announcements/Announcements.
cfm#enviro and www.dot.state.co.us/AccessPermits/
index.htm.
In addition, CDOT’s MS4 permit requires the
development of an additional brochure that promotes
the “proper management of potential pollutants in
stormwater discharges from industrial facilities” and
includes “references to guidance manuals for BMPs
that industries can implement to protect stormwater
quality.” This fact sheet was developed in 2007 and
is given to each permittee. This fact sheet is available
at www.dot.state.co.us/environmental/envWaterQual/
WhatcanIdo.asp.
Tracking
CDOT tracks all Utility and Special Use and Access
permittees.
Illicit Discharges
Another requirement of the MS4 permit is a program
to detect and remove illicit discharges and improperly
disposed of materials from CDOT’s storm drain system.
Inspections may be conducted in response to the
permitting process, a report of unpermitted work in
CDOT’s right-of-way, or a reported illicit discharge. If
CDOT employees see or suspect that an industrial facility
is discharging an unallowable pollutant into CDOT’s
storm drain system, they should call 303-512-4H2O
(CDOT’s illicit discharge hotline).
Annual Reporting
Regions 1, 2, and 6 submit to CDOT headquarters the
number of permits issued each year for its annual report
to CDPHE.
CDOT’s Utility and Access
Permitting Program
The Utilities (www.dot.state.co.us/utilitiesprogram)
and Access Permitting Programs (www.dot.state.co.us/
Accesspermits) are responsible for providing services in the
following areas:
• Utility/Highway Project Coordination—Region
utilities engineers work with other CDOT employees
and utility companies to identify the utilities that are
within highway project boundaries and coordinate
any necessary relocation of these facilities to facilitate
highway construction activities.
• Utility and Special Use Permitting—Utility and
Special Use Permits are issued to entities external to
CDOT to manage the installation of utilities, or the
performance of other types of work, within the state
highway right-of-way.
• Access Permits—Access Permits are required
by any entity when a vehicle access needs to be
constructed, modified, or relocated within the
highway right-of-way.
CDOT does not permit or track indirect connections (e.g.,
overland flow) to its storm drain system.
Industrial Facilities Program
Elements
The goal of the Industrial Facilities Program is to do the
following:
1. Educate those directly discharging into CDOT’s storm
drain system
2. Track direct dischargers
3. Detect and remove any illicit discharges
4. Submit an annual report to CDPHE containing the
number of informational brochures distributed, and
a summary by region of the number of Utility and
Special Use Permits and Access Permits issued.
CDOT has a program to identify and
eliminate any discharge to their storm
drain system that is not composed entirely
of stormwater (unless authorized by
another permit from CDPHE). Allowable
discharges into CDOT’s storm drain
system include the following:
n Landscape irrigation
n Diverted stream flows
n Rising ground waters
n Uncontaminated ground water
infiltration to separate storm sewers
n Uncontaminated pumped ground water
n Discharges from potable water sources
n Foundation drains
n Air conditioning condensation
n Irrigation water
n Springs
n Water from crawl space pumps
n Footing drains
n Lawn watering
n Individual residential car washing
n Individual residential swimming pool
and hot tub discharges
n Individual residential street washing
n Water-line flushing
n Flows from riparian habitats and
wetlands
n Flows from emergency fire fighting
activities
n Water incidental to street sweeping
(including associated side walks and
medians) and that is not associated
with construction
CDOT defines a utility or utility
facility as any privately, publicly, or
cooperatively owned line, facility, or
system producing, transmitting, or
distributing the following
n Communications
n Cable television
n Power
n Electricity
n Light
n Heat gas
n Oil
n Crude products
n Water
n Steam
n Waste
n Stormwater not connected with
highway drainage
n Other similar commodity