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Home My WebLink About20180970.tiffMEMORANDUM TO: Angela Snyder, Planning Services DATE: February 6, 2018 FROM: Evan Pinkham, Public Works SUBJECT: COZ18-0001 Union Farms Development LLC The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 120729000031 The project proposes to: Change of Zone from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District ROADS AND RIGHT-OF-WAY: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any additional requirements that may be needed. (State Highway 66) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. ACCESS: This project accesses onto CDOT Highway 66. Please contact CDOT for access requirements. GEOLOGIC HAZARD AREA: This area IS NOT in a Geologic Hazard Area. FLOODPLAIN: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. The plat shall be amended to delineate the following: 1. Show the approved Colorado Department of Transportation (CDOT) access point(s) on the plat and label with the approved access permit number if applicable. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: From: Date: Re: Angela Snyder Lauren Light, Environmental Health Services February 2, 2018 COZ18-0001 Union Farms Development, LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone District The application states that Longs Peak Water District provides water to the existing residence and an on -site wastewater treatment system (OWTS) provides sewage disposal. The OWTS is not permitted however a statement of existing was completed in 2016 (SE -1600001) which indicated the system was not failing at that time. We recommend the following appear as notes on the Change of Zone plat: 1. Water service may be obtained Longs Peak Water District. 2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. Health Administration Vital Records lot: 9/0 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 910-304-64 16 Environmental Health Services Tele:970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6462 Public Health COLORADO GEOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 February 16, 2016 Diana Aungst Weld County Planning Department 155511. 17th Ave. Greeley, CO 80631 Location: E'/2 N W' NW' Section 29, T3N, R68W of the 6th P.M. 40.2018, -105.0328 Subject: Union Farms Subdivision — PUD Sketch Plan Case Number PUD 15-00042 Weld County, CO; CGS Unique No. WE -16-0024 Dear Ms. Aungst: Karen Berry State Geologist Colorado Geological Survey has reviewed the Union Farms PUD sketch plan application for nine residential lots on approximately 16 acres located at 1132 Highway 66, Longmont. With this referral, I received a request for CGS review (January 19. 2016), a PUD Sketch Plan Application (signed January 12, 2016), a Sketch Plan Development Questionnaire (undated), a sketch plan (Copper Homes Limited., October 27, 2015), a Sketch Plan Drainage Report (GHL Engineering & Surveying, October 5, 2015), a Geologic Hazards and Mineral Extraction Report (EEC, January 4, 2016), and a Preliminary Geotechnical Investigation (CDS Engineering Corp., December 30, 2015). The sketch plan application states that water service will be provided by Longs Peak Water District, and each lot is proposed to have an onsite wastewater system (OWS). The site is not undermined, does not contain steep slopes, and is located outside of any mapped FEMA flood hazard zones. I agree with EEC and CDS that the site is not exposed to any geologic hazards that would preclude the proposed subdivision, and appears to be suitable for the proposed residential use and density. Potential development constraints include: Shallow groundwater, perched water, and feasibility of basements. CDS states in the "Scope" section (page 1) of their Preliminary Geotechnical Investigation that "Full basement and/or garden level construction is anticipated for these structures." However, WS notes (page 2) that groundwater was present innikars, four test borings at very shallow depths of 41/4 to 111/4 feet helQw the ground surface. The borings were drilled in December, when groundwater levels are near their seasonal lowest, so groundwater should be expected to rise to even shallower depths seasonally and as a result of development and landscape irrigation. Due to risks of water infiltration into below -grade spaces, damp/moldy conditions, and hydrostatic loads on below -grade walls and floors, below -grade construction (crawl spaces and basements of any depth) should not be considered feasible on at least the southern portion of the site (proposed lots 3 through 7). Garden level basements may be feasible on the northern lots, provided site -specific water level observations, conducted in summer or late summer when water levels are typically at their seasonal highest, indicate that a minimum three foot(preferably five foot) separation distance between shallowest seasonal water levels and lowermost floor levels can be maintained year-round. Individual foundation perimeter drains are intended to handle small amounts of intermittent, perched water, and are not to be used to mitigate a persistent shallow groundwater condition. WE -16-0024_1 Union Farms Subdivision 3:43 PM, 02/16/2016 Diana Aungst February 16, 2016 Page 2 of 2 Expansive and compressible soils, and expansive bedrock. According to NRCS Soil Survey data, the site soils are somewhat limited in suitability for dwellings, due to shrink -swell. CDS's geotechnical report contains a valid description of surface and subsurface conditions based on the results of four borings and limited laboratory testing. "Flute swell -consolidation tests on samples of clay, claystone, and siltstone ltstone indicate low swell potential. However, higher swelling clay layers, pockets and lenses may be present. Available geologic mapping indicates that the surficial soils consist of eolian (wind -deposited) clay, silt and sand. Although not observed in the swell -consolidation tests performed, this soil type can exhibit hydrocompaction (settlement or collapse under loading and wetting). CDS makes valid preliminary recommendations regarding drilled pier foundations, structurally supported floor systems, and subsurface drainage. Lot -specific, design -level geotechnical investigations including drilling, sampling, lab testing and analysis will be needed once building locations are finalized and prior to issuance of building permits, to better characterize soil and bedrock engineering properties such as depth to bedrock, groundwater levels, density, strength, swell and consolidation potential, bearing capacity, etc., and to refine CDS's preliminary geotechnical recommendations. Slow percolation rates and OWS. Soil Survey data indicates that the site soils are somewhat to very limited in suitability for conventional septic tank absorption fields due to low -permeability soils (slow percolation rates). Septic systems may need to be designed by an engineer. Engineered OWS typically require more maintenance and have shorter l i f e spans than conventional systems, so a backup OWS location should be identified on each lot. Corrosive soils. Soil Survey data indicates that the site soils are highly corrosive to steel. The need for corrosion protection should be evaluated as part of the geotechnical investigation. Epoxy -coated, plasticicomposite, concrete, or otherwise corrosion -resistant or corrosion -proof basement window wel l s are recommended, rather than the standard uncoated galvanized steel, on lots where basements are planned and are determined to be feasible. Thank you for the opportunity to review and comment on this project. If you have questions, need clarification of issues identified during this review, or require further review, please call me at (303) 384- 2643, or e-mail Carlson@inines.edu. Sincerely, Jill arlson, C.E.C. Engineering Geologist WE -I6-0024_] Union Farms Subdivision 3:43 PM, 02/16/2016 1/26/2018 Brass Key Property Brokers Mail - Access Permit 1132 Highway 66 Longmont CO 80504 Andrew Batson <andrew@yourwayhome.com> Access Permit 1132 Highway 66 Longmont CO 80504 Hine -Idler - CDT, Gloria <gloria.hike-idler@atate.co.us> To: Andrew Batson <andrew@yourwayhome.com> Cc: "Bilobran, Timothy" <Timothy.Bilobran@state.co.us> Andrew, Mon, Dec 18, 2017 at 12:43 PM I was hired back in my consultant capacity to assist Tim with a few things, so you have to deal with me on this. CDOT has no issues with your proposal but they will need for you to obtain a new access permit to authorize the send single family dwelling. Please complete a CDOT Form 137 and submit to this office. If you have any questions, please contact me. Gloria Hice-Idler Rocksol Consulting (970) 381-8629 COLORADO Department of Transportation. tation. Region 4 10601 W. 10th Street, Greeley, CO 80634 gloria.hice-idler®state.co.us J www.codot.gov I www.cotrip.org System Ncple Technology Our goai.cto he the test DOT . [Quoted text hidden] https://mail.google.comlmail/u/0/?ui=2&ik=7191653126&jsver=T6mGjlKZKoO.en.&view=pt&msg=1606h274f7,402f60&q=gloria&gs=true&search=query... 1/1 S COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT APPLICATION _.. _ Issuing authority acceptance date: S application Instructions: Please print or type - 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. - Submit an application for each access affected. - If you have any questions contact the issuing authority. - For additional information see CDOT's Access Management website at http:llwww.dot.state.ca.us/AccessPermitstindex.htm 1) Property owner (Permittee) Union Farms Development. LLC Street address 1351 Red Ash Lane City, state & zip Boulder, CO 80303 Enmail address redbarndev@ gmail com Phone # 303-817-3533 2) Applicant or Agent for permittee (if different from property owner) Andrew Batson Mailing address 12656 Waterside Lane City, state & zip Longmont, CO 80504 Phone # (required) 303-641-5058 E-mail address it available andrew@yourwayhome.com _ 3) Address of property to be served by permit (required) 1132 Highway 66, Longmont CO 80504 4) Legal description of property: If within jurisdictional limits of Municipality, city and/or County, which one? =Jay,old subdivision block lot 5) What State Highway are you requesting access from? State Highway 66 7) How many feet is the proposed access from the nearest mile post? 671 feet O N QS E I W) from: CR 3 8) What is the approximate date you intend to begin construction? There will be no construction. This is an existing driveway. Adding a second residence. section 29 township 1 3 North 6) What side of the hi • hway? S DE OW • range 68 West How many feet is the proposed access from the nearest cross street? 9) Check here if you are requesting a: f] new access [temporary access (duration anticipated: change in access use I. removal of access 12 671 feet LIN ! S n E OW) from: CR 3 El ctelocatian of an existing access (provide detail) improvement to existing access 10) Provide existing property use Driveway historically served one residence. We are completing a recorded exemption and adding a second lot/residence. 11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? no eyes, if yes - what are the permit number(s) and provide copies: and/or, permit date: Property is over 40 years old, so I don't think there was a permit at that time. 12) Does the property owner own or have any interests in any adjacent property? no Oyes' if yes - please describe; 13) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? no O yes, if yes - list them on your plans and indicate the proposed and existing access points. 14) if you are requesting agricultural field access - how many acres will the access serve? N/A. 15you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. � If square footage business/land use square footage business N/A 16) if you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units? type number of units type Single family home 2 number of units 17) Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. Indicate if your counts are • peak hour volumes or O # of passenger cars and itght trucks at peak hour volumes average daily volumes. 20 (10 trips per day per house)( # of single unit vehicles in excess of 30 ft. 0 11 of farm vehicles (field equipment) 0 It of multi unit trucks at peak hour volumes 0 Total count of all vehicles 0 Twenty a _ Previous editions are obsolete and may not be used Page 1 of 2 COOT Form #137 01/10 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and streets. b) Highway and driveway plan profile. c) Drainage plan showing impact to the highway right-of-way. cij Map and letters detailing utility locations before and after development in and along the right-of-way. Applicant or A r Permittee signature Print name e) Subdivision, zoning, or development plan. I) Proposed access design. g) Parcel and ownership maps including easements. II) Traffic studies, i) Proof of ownership_ J _ Date C# th applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. Property owner signature Print name Date Previous editions are obsolete and may not be used Page 2 of 2 COOT Form #137 01/10 COLORADO Department of Transportation Region 4 Traffic Section 10601 W. 10th Street Greeley, Colorado 80634 (970) 350-2163 Fax: Permit No. 417166 December 29, 2017 To: Andrew Batson 12656 Waterside Lane Longmont, Colorado 80504 Dear Applicant: 1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. 2. If you choose NOT to act on the permit, please return the permit unsigned. 3. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101, Pages 2 and 3 for an explanation of the appeal procedures. 4. If you ACCEPT the Permit and its Terms and Conditions and are authorized to sign as legal owner of the property or as an authorized representative, itease sin and date the Access Permit form on the line marked "PEi r1ITTEE", Your signature confirms your agreement to all the listed Terms and Conditions. 5, Provide a check or money order made payable to "COOT" for the total amount due of $50.00 6. You must return the signed Access Permit, including all pages of terms and conditions and all attachments, with your payment to the Colorado Department of Transportation (CDOT) at the address noted below. The Department will return an executed copy of this permit. You may retain this cover letter for your records. 7. 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 wilt consider this permit withdrawn. 8. As described in the attached Terms and Conditions„_you must make a written request to obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right -of -Way without a validated Access Permit. and Notice to Proceed. Use of this permit without the Colorado Department of Transportation's validation shall be considered a violation of State Law. If you have any questions please call Tim Ei lobra n at (970) 350-2163. Please return Access Permit and attachments to: Region 4 Traffic Section 10601 W. 10th Street Greeley, Colorado 80634 10601 W. 10th Street, Greeley, Colorado 80634 P (970) 3 50- 2163 F https: / / ccidot.gov/ accessperm its COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 417166 Permit Fee $50.00 Date of Transmittal 12129/2017 Region ! Section / Patrol I Name 4 101 /15 State Highway No I Mp i Side 066E f 40.046 f Right Local Jurisdiction Longmont The Perm ittee(s): Union Farms Development, LLC 1351 Ash Lane Boulder, Colorado 80303 (303) 817-3533 The Applicant(s): Andrew Batson 12856 WaterAide Lane Longmont, Colorado 80504 (303) 641-5058 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 harm less against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: The access is located on State Highway 66, a distance of 241 feet east of Mile Post 40, on the south/right side. Access to Provide Service to: (Land Use Code) (Sic) 210 - Single -Family Detached Housing 20 ADT 2 (units) Each Additional Information: MUNICIPALITY Required only when OR the COUNTY appropriate APPROVAL local authority retains issuing authority. Signature Print Name Date Title Upon herein. Initiation. being The the permittee All used. signing The construction permitted shall of this notify shall permit access Bruce the be completed shall permittee Barnett be completed in agrees an with expeditious the to in accordance Colorado the terms and and safe with Department conditions manner the terms and and and of Transportation, shall referenced conditions be finished attachments of at within the (970) permit 45 350-2147 contained days prior to from at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Signature: Print Name Date ca-Permittee Signature: (if applicable) I Print Name Date This COLORADO permit is not DEPARTMENT valid until signed OF TRANSPORTATION by a duly authorized representative of the Department. Signature Print Name Title Date (of issue) Copy Distribution: Required: 1.Region 2.ApplIcant 3.Staff Access Section 4.Central Files Make copies as necessary for. Local Authority Inspector MTCE Patrol Traffic Engineer Previous editions are obsolete and may not be used Page l of 3 COOT Form #101 5/01 State Highway Access Permit Form 101, Page 2 PERMIT EXPIRATION 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. 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 a l l denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved, (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 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, D,T, . D. as required by section 42- 4-104,C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modification s 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 `COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOS perform encountered environmental work E - environmental This related or cultural summary to their resource is intended own facilities permits/clearances permits/clearances to inform (such that as entities Utility, may may apply external Special be required to their to Use COOT activities. or in Access certain that may This instances. Permittees), be listing entering about is not Appropriate the all-inclusive state some local, highway of the - state more additional right-of-way and commonly federal to agencies specific Requirements should activity. May be IMPORTANT contacted Result for - Please In Suspension additional Review information or Revocation The if Following there of is Your Information any uncertainty CDOT Permit, about Carefully- Or what Enforcement Failure permits/clearances to Comply Actions With By are Regulatory Other required A9oncles. for a CLEARANCE may • be Colorado contacted Water Environmental Department CONTACTS Quality for additional Control Permitting of Public - information: Division As indicated Website Health (WQCD): and https://www.colorado.qovipacific/cdpheiall-permits in the Environment (303) permit/clearance 692-3500 (CDPHE): descriptions General Information listed below, the - (303) following 692-2035 individuals or agencies CDOT Water Quality Program Manager: (303) 757-9343 httos:// ww.codot. govfurograms/environmental/water-n uality * ■ * CDOT Colorado U.S. Omaha http Army //www.nwo.usace.army.ryni Asbestos Office District Corps Project of of (NE Archaeology Engineers, CO), Manager: Denver and District /Missions/Requlatori Phil Office Historic Kangas, Regulatory (303) Preservation: (303) 979-4120 Offices: 512-55 Hug (303) am/Colorsdo.asox 19 866-5216 Sacramento tto:/hwnw.sok.usace.arrriv.rnasinnsi Dist. (Western CO), Grand Junction it Office to .as. (970) 243-1199 yAj, 1 9 Y1rlYbujgrguerque LYn./ f �.s pasusace.arr District (SE CO), yi I�f +rPfu Missions/Rego �e°yyblo y,O�.ffice (719)-543-9459 Y719)- iatV r ��'`4rE�3q-94y5,91 ! ocj a1 ! land y�y Permits.as rq� ox CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.govibusiness/permits Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened and Authorization be obtained the CDOT threatened or from endangered must Regional the be CDOT or provided endangered Permitting species website, by are CDOT Office species http://www.codot.noviorocrams/environmental/wildlifelouidelincc encountered and prior habitat Region to the during wi continuation l Planning l require the progress and special of Environmental work. authorization of the Information permitted Manager from about work, the shall threatened COOT work be in contacted permitting the or subject or the endangered Colorado immediately. office. area shall Parks If species any be and halted may , Wildlife (CPW) website, htft://w r.cpw..state.co.us/learn/Paces/SOC-ThreatenedEndanaeredList_aso . Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEML Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic (ottp://www.historycolorado.orcioah Preservation (OAHP), Denver, p ti to le -sear ascertain cL ). Inventory if historic or of the archaeological permit area resources by a qualified have cultural previously resources been identified specialist may be necessary, per the recommendation of CDOT. If archaeological sitesiartifacts or historic resources are known to exist prior to the initiation Regional provided RPEM. of Permitting by Contact the CDOT permitted information: prior Office to work and the or are Region continuation Contact encountered Planning the of OAHP work. and for as the Environmental Additional file project searches guidance progresses, at Manager 0003) may 866-5216. ail shall be work provided be in contacted the subject by the immediately. Regional area shall Permitting be Authorization halted Office and the must and COOT be Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder (httos://cumuseum, lorado.edu/researchh/QaIeontologv/vertebrates/n lice ), and the Denver Museum of Nature and Science (l ttp. P" _9, WA m ns.r r cien col lecti ns arth-se°. ►r - A"} etion s) to ascertain if paleontological resources have been previously identified in recommendation CDOT must Manager the be Permit Regional in provided contact or Special near Permitting of by information. the CDOT. COOT Provisions. permit Office If prior area. fossils Contact to and Contact Inventory the are Region the continuation encountered information: CDOT of Planning the Paleontologist of permit during work. and See area the Environmental Additional the for by permitted museum a qualified further guidance work, Manager websites information paleontologist all may work shall listed be at in above nirrile.peaveyttit, be provided the may contacted subject for be by necessary, the Paleontological area immediately. Regional shall per be Permitting Collections the halted Authorization or (303) and 757- Office the 9632. The CDOT Paleontologist will not conduct a com;Yrehensive file search inde endentiy of the museums. Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining of Designation to Solid (a Waste landfill permit). Disposal The Sites Colorado and Facilities Hazardous (6 CCR Waste 1007-2), Act C.R.S. prohibit 25-15-301 solid waste et disposal al, and the without Colorado an approved Hazardous Certificate Waste Regulations are no (6 permitted CCR landfills 1007-3) or TSD prohibit sites the within transfer, the State storage Highway or disposal Right (TSD) of Way. of hazardous Therefore, waste all solid except or hazardous at permitted wastes TSD that sites. might There 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 solid etc.) CDOT Hazardous is waste encountered Regional facility or Materials hazardous or Permitting designated during Manacernent materials the Office collection performance contamination for Supervisor: direction point of (e.g., as work, to (303) (including for the how 512-bb24. solid to perrnittee waste, oil proceed. or . petroleum shall a Contact utility halt or construction contaminated work in the information: affected company's soil, Theresa own asbestos, area and Santangelo-Dreiling, chemicals, immediately dumpster). elo-Drei li mine ng, if contact pre-existing tailings, CDOT the Asbestos Containing Materials. Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the asbestos applicable -contaminated requirements soil, of must the CDPHE comply Air with Pollution the CDPHE Control Hazardous Division's Materials (APCD) Regulation and Waste 8. Manapement Disposal of Division's ACM, and (H MWIs work done D 4 Solid in Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation August 2017 Info: Waste authorization Additional CDPHE Regulations. information is APCD being The and requested. concerning application HMWMD Additional Regulations clearance for any CDOT guidance can on permit CDOT or be accessed must requirements projects specifically via is the available may CDPHE identify be from specified Environmental the any ACM in COOT the involved permit Asbestos Permitting in special the Project Website work provisions. Manager for which listed Contact above. (303) 512- 5519, or Theresa Santan{ Relo-Drei lire y .. Hazardous Materials Management Supervisor: (308) 512-5524. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that hazardous person is material registered must in be conformance properly classed, with the described, United States packaged, Department marked, of labeled, Transportation and in regulations condition for at shipment 49 CF R, as Part required 171. The or authorized obtain authorization Re jistration authorization by and (303) applicable more and 969-6748. requirements, a info State call the Colorado HAZMAT Federal or an Public Permit exemption, Motor Utilities from Safety the Commission: approval Colorado Carrier or Administration, (303) registration Public Utilities 894-2868. has US Commission. been DOT issued. for inter- Vehicles Contact and intra-state information: requiring HAZMAT a placard, For must Discharge of Dredged or Fill Material - 404 Permits Administered By the U.S. Army Corns of En !nears and _Section 401 Water Quality Certifications Issued by the CDPHE WOCD - 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 line nationwide would activities be required. permits, (nwp #12). If which an individual are Depending issued 404 upon for permit activities the specific is required, with relatively circumstances, section minor 401 impacts. it water is possible quality For that certification example, either there a from "general' is the a nationwide or CDPHE "individual" WQCD permit 404 for is also utility permit required. (contact information Contact the above). appropriate Contact Corps the District CDPHE Regulatory Water Quality Office Control for information Division about at (303) what 692-3500. type of 404 permit may be required 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 obtain solid 3) streams application, segments obstruct, blue a Senate having line of as diminish, on streams wetlands per Bill US guidelines 40 GS destroy, certification supporting 7.5' present quadrangle agreed change, within from 25% upon the or 200 modify, maps; more by Colorado yards CDOT and/or or cover upstream vary and Department 2) within a intermittent CPW, natural or 100 downstream can existing yards of be Natural streams accessed stream upstream of Resources. providing the or or at project its downstream ls:/iwvvw.codct.eovlorograrnsienvi banks live A measured stream water or tributaries, beneficial of is the by defined valley project; it to may as fish length. 1) and/or be and represented necessary The wildlife; 4) segments ro CPW nmentall and/or to by a of wildlife/ s uidel i n es. Stormwater Construction Permit(AM, 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 - require a CDPS https:/lwvx Stormwater w.colorado.govlpacificf Permit. Contact cdphe/wc information: rrstructionNen Contact the raE- CDPHE emit Water and https:Iioolorado. Quality Control Division n w r/pacifr at (303) cd pheiwc-commerce. 692-3500. Website: as iu- industry-permits. Construction Dewatering (Discharge or Infiltration) and Remediation Activities - Discharges of water encountered during - excavation information: 8500, For Applications or work For Construction in wet and areas Instructions may Dewatering require (CDPHE and a Construction Remediation website i: httts' Dewatering Activities / Discharge or Remediation lorado. cov/oacific/cdph Permits, Activities contact Discharge the e wo-cnn. CDPHE traction-oe Permit. WOOD Contact at neral-yemilts. (303) 692- Municipal Separate Storm Sewer System (MS44 Discharge Permit - Discharges from the storm sewer systems of larger facility rn the municipalities, by LG A u L the n icipality's applicable isJ/vvww.colorado. CDPHE should and contact MS4 provisions WOOD. from permit. the the For of v/pacific/c municipality All the CDOT facilities discharges Colorado highway that DheIwc regarding lie to Water drainage within the -req stormwater CDOT Quality ulations-an the system boundaries highway Control that related d-policies-and-water-civaiity-statutes) Act, lies drainage of clearances the a within municipality those system Water that Quality or municipalities, that may within is Control have subject the been Right Commission are to and established subject an of Way the MS4 (WQCC) CDOT to permit, (ROW) MS4 under MS4 Permits the must Regulations that Permit owner comply issued # of COS such with - 000005 ( taps //www.codot,covioro+ rarnsierivironrnentallwrrater-clualit r/documents). Discharges are subject to inspection by CDOT and MS4 CDPHE. Permits, Contact or go to the hftps://www.coloradoicrovipacific/cdpheiwg-municipal-ms4-rermL COPHE Water Quality Control Division at (303) 692-3500 for a listing . For of COOT municipalities -related MS4 required regulations, to obtain go to: https://www.codot.covioroc--arnsienvironmentallwater- n ual i tfsto rmwater- oroorams , htm n. General Prohibition - Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado automotive '303) 692-3500. Discharge fluids, solvents, Permit Regulations. oils or soaps and Prohibited sediment. discharges Contact include, information: but are not Contact limited the to, CDPHE substances Water such Quality as wash Control water, Division paint, at General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by COOT or the WOCD as significant sources of pollutants to the waters of the State, the following discharges to storrnwater systems are allowed without a Colorado Discharge storm Permit sewers, discharges System permit: from potable landscape water irrigation, sources, foundation diverted stream drains, flows, uncontaminated air conditioning condensation, ground water irrigation infiltration water, to separate uncontaminated springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Allowable non-stormwater discharges can be found under Illicit Discharge PDD at: Ina : virww. codot agovLpron ra rare/ environmental/water-Qualitvistorrnwater-programs.htmL Contact information: 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 minimize be specified erosion in that and permit. sedimentation In situations according where to a CDOT stormvvater Standard permit Specifications is not required, 107.25, all reasonable 208, 213 and measures 216 (httr://wvuw should be taken m- -i i.9uvi to business/desiu lupport)2 W Li -construction-specifications/201 i - pe 12011-specs-ibo ). All disturbances require a stabilization plan, native seeding Erosion Control erosion controls or landscape and and Stormwater restore design disturbed Quality plan according Guide ver_.etation. (available to applicable from the COOT Bid Plans Standard Specifications Office at (303) 212-217 757-9313) should and 623. The be used to CDOT design Environmental Clearances Information Summary Page 2of3 Colorado Department of Transportation August 2017 Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as ''discharges" or of "solid Way, wastes," and disposed and in of general, at permitted should facilities be pumped that specifically or vacuumed accept from such the construction wastes. Disposal area, removed of drilling from fluids the into State storm Highway drains, storm Right sewers, Waste roadside regulations. ditches Small or any quantities other of type drilling of man-made fluid solids or (less natural than waterway 1 cubic yard is prohibited of solids) by may Water be left Quality on -site Control after either and/or Solid being separated required the area Contact solids restored CDPHE for are from proper fully as fluids contained required tie drilling lephone or after properties, by Infiltration in COOT #'s a listed pit, of small and permit above"). the are water, quantities not requirements likely provided: of to polymer pose (Utility, 1) a the additives nuisance Special drilling to Use, that fluid future or consists are Access approved work of in the Permits, only for water use area, etc.). and in drinking 3) the Contact bentonite solids water Information: are clay, well covered or, drilling; if 2) and the Noxious Weeds and Invasive Species Management Plan — Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https:llwww.colorado.govlracifi agconservation/noxicusweed&) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.usiaboutus/Pages/RS-NoRqWeeds.aspx). In either case, management Mans involving the control of noxious weeds associated with t the permitted activity and cleaning of a&ui-went will be required. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, minimum Environmental find or additional in of the 50 information CDOT feet Program from ROW. and state on shall the Concrete waters, COOT be in waste drainageways, accordance website: shall httrie://www be and to CDOT placed inlets. specifications in . dot. a Concrete temporary eov/busi concrete washout and nessldesi guidelines. shall cnsuoc washout only be Contact ortl2o11-cone facility performed and Information: Lruction- must as specified be located Contact by the CDPHE a CDOT or jecificat ons/2011-Specs and refer to the specifications and their revisions for sections 101, 107 and 208. Spill Reporti, - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or Permitting exceeding be reported buried. Office 25 to gallons, the All and spills CDPHE Regional or shall that at may 1-877-518-5608. be Maintenance reported otherwise to the Supervisor. present More CDOT an information illicit immediate Spills Discharge on can highways, danger be Hotline found into to the at at (303) waterways, public httcsalr�.colom 612-4446 shall any be reported (4H20), spill da.gpvlpacifio/cd in the as by calling well highway as the 911, Regional right-of-way and chelemergenc shall also - u o rt i r H u-i ,1 t. l e• About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, Program Administrator, CDOT Access Management Unit, at (303) 757-9841, alex.karamiccIstate.co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation August 2017 COLORADO Department of Transportation 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 streams river, lake, wetland or reservoir. Anything that enters mom storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water. Dredged .spoil, dyrtysktrry, solid waste, incinerator - residue, sewage', sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, pH, wrecked c:r discarded equipment, rock _ianat, any industrial. municipal, or agricultural waste. Tips for Reporting an Illicit Discharge Call the illicit discharge hotline at (303) 512-4426 From a safedistance try toestimate the amount of the discharge. Identify characteristics of the discharge (color, odor, algae, etc.). Obtain information on the vehicle dumping the waste (if applicable). Do not approach! Call 4P for illicit dumping. If possible, take a photo, record a license plate. REMEMBER: Never get too dose to the illicit discharge, it may be dangerous l r r For more information on CDOT Utility Permits: https://www.codot.govibusinessipermits/utilitie ssnecialuse For more information on COOT Access Permits: https://www. codot. rov/'business/permits `access errn^its For more information on CDOT Water Quality Program: Water Quality Program Manager 4201 E. Arkansas Ave. Shumate Building Denver, Colorado 80222 3©3-757.9343 COLORADO Department of Transportation 4'ater tualiK Drtorant Industrial �f cram CDOT has a Municipal Separate Storm Sewer System permit, otherwise known as (MSr4) from the Colorado Department of Public Health and Environment_ The permit states that only stormwater can be discharged from CDOT's storm drain system sever pipaii--i- TOME WASTEWATER TREATMENT PLANT TOTHE LOCAL WAT►r As part of the permit, COOT has several different programs to prevent pollutants from entering into the storm drain system: CS y Construction Site Program New Development Redevelopment Program Illicit Discharge Program Industrial Facilities Program Public Education and Outreach Program Pollution Prevention and Good Housekeeping Program Wet Weather Monitoring Program COLORADO Department of Transportation Control Measures for Industrial Facilities Industrial facilities can use control measures (CM) otherwise known as Best Management Practices (BMP) during the construction of a facility and when operating the facility. Control measures are schedules of activities, maintenance procedures,. and other management practices to prevent and reduce pollution entering into CDOVs storm drain system. Control Measures also include treatment, operating procedures, and practices to control site run off which can include structural and non-structural controls. 1 9 4 . 510611% anpaEZawl Fe WEPOLIAMMITO �s �►l t. GM 81rAP FROPERLY MAIKUOMO? _ a CDOT defines a utility, or utility facility as any privately, publicly, or cooperatively owned line, facility, or system producing, transmitting or distributing the following: • Communications • Cable television • Power " Electricity • Light Heat Gas ✓ oil Crude Products 1 Water 1 Stream tir Waste 1/ Stormwater not connected with highway drainage • Similar Commodity COLORA C? Department of Transportation industrial Facilities Program Elements: 1. Educate and outreach to owners or operators that have potential to contribute substantial pollutant to water. 2. Report and include information on discharge and water quality concerns. Provide written notification within 15 days of discovery to CDPHE. 3. Submit an annual report to CDPHE containing the number of informational brochures distributed; name and title of each individual trained. Education There are instances when a utility company or other entity doing work in the state highway right-of-way wi H I 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 COOT 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: http: ' fww .cotoradodot.infol ragrams/ environmental/ resources/guidance- standards / Environmenta1 2OCEearances Olnfo o ummary. pdf 'IC!LO raP4:: Depanment of Transportation Office of the Executive Dtcectaor 4201 East Arkansas Ave, Suite 262 Denver, CO 60222 RELEASE MEMORANDUM To: All CDCYT Employees From: Shailen P. Bhatt, Executive Director Re: Updated Procedural Directive 605.1 "ADA Accessibility Requirements in DOT Transportation Projects" Date: April 10, 2017 1. Name of Updated Procedural Directive: PD 605.1 "ADA Accessibility Requirements in COOT Transportation Projects" 2. Date of Directive Superseded: July 30, 2012 . Executive Summary: PD 605] has been updated to reflect CDOTs decision to adopt PROWAG (Proposed Right -of -Way Accessibility Guidelines) standards for curb ramps. Detailed requirements for ADA accessibility requirements have been removed and now reside in the updated CDOT ADA Transition Plan, which should be read in conjunction with updated PD 605.1. Updated PD 605.1 also provides the following: O MI explanation on the difference between Maintenance a Treatments and Alteration; 0 The responsibilities of various levels of employees involved in the ADA program, including newly defined responsibilities of the Project Manner, Project Engineer, Resident Engineer, and Program Engineer; O Updates to the section on local agency agreement projects; and O That with regard to Maintenance Treatment Projects, the Maintenance Superintendents or Traffic Engineers shall consult with the ADA Coordinator in the Civil Rights and Business Resource Center to detennine whether a Project that could be categorized as an Alteration is included in the 5 year 2017-2022) ADA Curb Ramp Program initiative. 44 Effective Date: March 31, 2017 5. Office to Contact with Questions: Civil Rights and Business Resource Center 4201 E. Arkansas Ave, Suite 262, Denver, CO 80222 P 303.757.9201 F 303.757.9656 www.codot.gov i COLD +LF DEPARTMENT OF TRANSPORTATION Subject ADA Aeeeibillty Requirements Effective 03/31/2017 1. PO E Superset I, Li POLICY CTIVE X Pill OC URAL DIMECTEVE Number 1 Tran 2e onPro it6GM Orl�hS , Mee - 07/30/2012 Cif a Fillsand 3- s. E en :ausesource Center/ Division of Project Support, St..i ndards Stinifficeitions Unit To ensure that Transportation Facilities, Building Facilities, rest areas, and other services of the Colorado Department of Transportation (the "Department" or "CDT") are accessible to persons with disabilities in accordance with governing federal regulations set forth below, IL AUTHORITY Policy Directive 605.0 Comprehensive Accessibility for Persons with Disabilities Executive Director pursuant to * 43-1-105, C.R.S. The Rehabilitation Act of 1973, 29 U.S.C. § 701 (1973), as amended The Americans with Disabilities Act of 1990, Title 11, 42 U.S.C. § 12101, et seq. (1990) (hereinafter " A"), as amended; 28 CFR 35 Subpart B Public Rights-OPWay Accessibility Guidekines (hereinafter "PRO G'), proposed by the US. Access Board (available online at https:/lam. access -boa d.gov/guidelines-and-star sistreets} sidewal s/publie-rights-of: ay) 49 C.F.R. 27 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefltting From Federal Financial Assistance) FHWA's Memorandum Clarification ofFHWA's Oversight Role in Accessibility dated September 12, 2006 § 43-2-135, C.R. , § 43-2-1O7, C.R.S. 111. APPLICABILITY This Procedural Directive applies to all divisions, branches, regions and offices of CDOT and any entity that receives funding from CDOT for all Transportation Facilities, Building Facilities, other services, and all local agency projects that intersect with Colorado State Highways and interstates regardless of the funding source. Page Iof9 Subject ADA Accessibility :Irequirements in CDOT Transportation Pro IV. DEFINITIONS ects Number 6051 "Accessibility Feature" shall mean the ADA-compliant features available in the CDOT M S Standard Plans. The Project Manager must select the most appropriate plan design for the specific location of the Transportation Project from these options. "Alteration" for the purpose of this Procedural Directive is a change that affects or could affect the usability of all or part of a building or a facility. Alterations of sus, roads, or highways include activities such as reconst uction, rehabilitation, resurfacing, widening, and projects of similar scale and effort. See Appendix A and B (FHWA Technical Assistance Memorandum). "Building Facility" shall mean arty building which a member of the public may be expected to enter. "FI,I A" shall mean. the Federal Highway Administration. "Maintenance Treatment" for the purpose of this Procedural Directive means a treatment that sees solely to seal and protect the road surface, improve friction, and control, splash and spray because they do not significantly affect the public's access to or usability of the mad. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface sealing, chip seals, slurry seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar retro fit, spot high -Motion treatments, diamond winding, and pavement patching. In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps. See Appendix A and B (F}IWA Technical Asistance Memorandum). "Off System" shall mean any intersection that is not on a state highway or does not intersect with a state highway. "On System" shall mean any intersection that is on or intersects with a state highway or interstate. "Technically Infeasible" shall mean when constructing a new Transportation Facility or altering an existing Transportation Facility, CDOT or a local agency shall consider what Accessibility Features must be included within the scope of the project. Whether an Accessibility Feature is Technically Infeasible depends on if there is little likelihood of it being accomplished because existing structural conditions would require removing or altering a load -bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements. If a determination has been made that an Accessibility Feature is Technically Infeasible, then CDOT or the local agency is required to construct the Accessibility Feature to the maxi$.um extent practicable. The Project Manager, Project Engineer, Resident Engineer, and Program Engineer shall follow the procedure set forth in Section V of this Procedural Directive regarding Design Exception Variance Request Form #464 and the Curb Ramp Variance Support Document "Transportation Facility" shall mean, but may not be limited to, a highway or other roadway, contiguous or detached walkway, shared use pedestal/bicycle path, sidewalk, curb ramp, street, underpass, overpass, compacted pathway or other enhancement project. Page 2 of 9 Subject ADA Accessibili equirements in C OT Transportation Pro eel member 605.1 "Transportation Project" or 'Project" shall mean, but is not limited to, any CDOT or local agency project involving a highway or other roadway, contiguous or detached walkway, shared use pedestrian/bicycle path, sidewalk, curb ramp, street, underpass, overpass, compacted pathway or other enhancement project. V. PROCEDURES A. Adoption of Public RightsaotaWay Accessibility Guidelines ("PRO AG") CDOT has determined to adopt PROWAG standards regarding curb ramps, proposed by the U.S. Access Board. B. ADA Transition Plan This Procedural Directive shall be read in conjunction with the CDOT ADA Transition Plan, which contains further requirements for compliance with ADA standards. C. Alterafion versus Maintenance Treatment on a Transportation Facility ADA requires state and local governments to provide accessible routes in the public rightaof way. When streets, roadways, or highways are altered, state and local governments must provide curb ramps or street level pedestrian walkways cross curbs. Maintenance Treatments that are considered to be maintenance rather than an Alteration, are exempt from the requirement to install curb ramps, See definitions above for Alteration and Maintenance Treatment, and also Appendix A for clarification on addressing curb ramps. D. New Construction of or Alteration to a Building Facility or Portion Thereof Any entity that receives funding from CDOT. for any new construction or alteration to a Building Facility (i.e., a local agency, a private non-profit corporation, rporation, or a private contractor) must include Accessibility Features required by the authorities set forth. herein. When applying these requirements, the engineer or other responsible person shall follow the applicable CDOT guidance. E. Disproportionality The disproportionality exception set forth in 28C.F.R. 35.151CbX(4)(i)() does not apply to Transportation Projects. This section states that "alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds twenty percent of the cost of the alteration to the primary function area." However, the disproportionality exception applies to Building Facilities. F. RightootWay Acquisition Right -of -Way acquisition in general does not qualify as Technically Infeasible, as defined in this Procedural Directive. Right -of -Way shall be purchased if needed to make a ramp compliant. Case. Page 3 of 9 Subject ADA Accessibility Requirements in CDOT Transpor lion Projects ?lumber 605.1 by -case situations may be escalated to the Region Transportation Director who may consult with the Civil Rights and Business Resource Center for clarification and/or assistance, G. Right -of -Way, Utility and Access Permits AU right-of-way, access and utility permits shall be issued on the condition that the Permittee complies with the requirements of this Procedural Directive 605,1 and the applicable authorities set forth there, H. Responsibilities l CDOT Civil Right and Business Resources Cent tic responsible for the following: Cog). The CRBRC shall be a) In conjunction with the Federal Highway Administration (FHWA), Federal Transit Authority, and Federal Aviation Administration, interpreting the relevant federal ADA regulations for inclusion of requirements within the design and construction of CDOT Transportation Projects and Building Facilities. b) Upon request of a COOT Project Manager or Project Engineer, reviewing project sites and project plans to identify where specific ADA requirements must be implemented. c) In conjunction with the Division of Project Support, coordinating ADA-related training for CDOT engineers and other appropriate staff, including appropriate written materials, d) As needed, reviewing design exceptions with the Project Manager, Project Engineer, and Resident Engineer. e) Making random evaluations of project designs, projects under construction, an or completed projects, f) Developing and overseeing the process for data collection and management related to the ADA requirements set forth in this Procedural Directive and the CDOT ADA Transition Plan. 2 Division of Project Support The Division of Project Support shall be responsible for the following: a) Developing and disseminating the current version of the CD0T M S Standard Plans and bulletins that serve as guidance for CDOT engineers and other appropriate std. b) As needed, reviewing design exceptions with the Project Manager, Project Engineer, and Resident Engineer. c) Working with the SRC in developing and presentingADA-related training for Page 4 of Subject fNuSier ADA Accessibili Requirements in CDOT Trankrtation Projects 605.1 CDOT engineers and other appropriate staff. 3. Project Manager (Design) / Project Engineer (Construction). The Project Manager Project Engineer shall be responsible for the following: a) Evaluating each project through the project development and project scoping processes to determine which Accessibility Features are required, and adhering to the budget set forth by the Resident Engineer and Programs. Engineer, b) Incorporating ADA requirements into the design and construction of Transportation Projects, referr ,g to CDOT plan details contained in the current version of the CDOT Standard Plans, or by contacting the CDOT ADA Coordinator for guidance in situations where there is uncertainty of requirements. c) Preparing the Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document for situations where curb ramps or other Accessibility Features cannot be installed without a significant deviation from the current CDOT S Standard Plans. d) Reviewing Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document with the Resident Engineer to seek approval from the Program Engineer. e) Providing documentation to the project file and to CRBRC that demonstrates compliance with all authorities set forth herein. f) Monitoring that the local agency completes the specified project(s) in accordance with this Procedural Directive and the authority set forth herein. g) Confirming that the design complies with all requirements of this Procedural Directive and the authorities cited herein. h) Submitting the signed Design Exception Variance Form #464 and Curb Ramp Variance Support Document to the CRBRC. 4. Resident Engineer. The Resident Engineer smell be responsible for the following: a) Determining the appropriate budget for required Accessibility Features by evaluating each project through the project development and project scoping processes. b) Providing guidance and consultation to the Project Manager or Project Engineer related to the Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document to request approval from the Program Engineer. c) Confirming that the desip complies with all requirements of this Procedural Directive and the authorities cited herein. Page 5 of 9 fat ADA Aceessibili Re uirements In CDOT Trans iodation Pro's Number _ 605,x. J d) Ensuring the local agency completes the specified project(s) in accordance with this Procedural Directive and the authority set forth herein, and not accepting the project at final project inspection until all such requirements have been met. . Program Engineer. The Program Engineer shall be responsible for the following: a) Approving or denying Design Exception Variance Request Form #464 and Curb Ramp Variance Support Document, including the budget associated with the Accessibility Feature. b) Confirming that the design complies with all requirements of this Procedural Directive and the authorities cited herein. 6 Maintenance Treatment Projects. With regard to Maintenance Treatment Projects, the Maintenance Superintendents or Traffic Engineers shall consult With the ADA Coordinator to determine whether a Project that could be categorized as an Alteration is hicluded in the 5 year (FY 2017 2022) ADA Curb Ramp Program initiative. 7. Local Agency Agreement Projects. COT personnel who work on local agency agreement projects shall ensure the local agencies comply with these requirements below, a) For new constmction, reconstmetion, major rehabilitation, widening, and projects of similar scale and effect, including Safe Routes to School Prpgram projects, projects in public parks, or projects that are not adjacent to a state highway, or other Transportation Projects which impact pedestrian facilities, the local agency must address Accessibility Features required by the authorities set forth herein. b) Under the provision of 28 CFR § 35.13 )(1)(v), CDOT is prohibited from providing significant assistance to any local agency that does not fulfill the requirements of Title fI of the ADA, c) In price, FHWA interprets 28 CFR § 35.B0(b) as a requirement that CDOT obtain an assurance of compliance from the local agency stating that the local agency will meet all applicable ADA requirements, CDOT shall enforce the local agency's assurance of compliance. d) The agreement between CDOT and any local agency regarding the Transportation Project shall contain language clearly stating that the local agency shall comply with all applicable ADA requirements referenced in this Procedural Directive 605.1 and the CDOT ADA Transition Plan. e) Appropriate CDOT staff on each project will ensure that the local agency designs the project(s) specified in the agreement according to the requirements of Procedural Directive 60541 and the authority set forth therein, Page 6 of Sibjtsi Faber ADA. Aceessibilty :,:teauirements in CDOT Transeortation Projects 605.1 0 In the course of completing Accessibility Features, the local agency will evaluate the areas adjacent to the newly -installed or retrofitted curb ramp and take reasonable steps to relocate signs or other obstacles when it is within the local agency's authority to do so. g) Local Agencies must meet or exceed PROWAG design and construction standards for curb ramps. If the Transportation Facility is Off System, CDOT may permit the local agency to utilize its own alternative specifications regarding curb ramps, detectible warning, and other accessibility designs provided it complies with either the PROWAG guidelines or the most current Americans with Disabilities Act Accessibility Guidelines (At)AAG), If the Transportation Facility is On System, the local agency must utilize CDOT's specifications for the intersection or intersections On System; however, the Local Agency may be granted the opportunity to utilize alternate specifications if it can demonstrate that the Department of Justice concurs with the Local Agency's alternate specifications, and CDOT approves the suitability of the alternate specifications. In order to seek approval, the Local Agency must comply with the following: (I) Submit the alternate specification proposal concurrently to the CDOT Project Manager, Project Engineer, the Civil Rights and Business Resources Center, and Standards and Specifications Unit. (2) Include documentation establishing why the local agency cannot meet the specific ADA requirement. (3) Seek approval from the CDOT Project Manager, Project Engineer, the Civil Rights and Business Resource Center, and the Standards and Specifications Unit who shall jointly accept or deny the alternate specifications or may provide alternative options to meet the requirements of the applicable federal regulations and this Procedural Directive 605.1 to the maximum extent technically feasible. h} CDOT shall not disburse final payment to the Local Agency until the Local Agency has complied with the requirements of this Procedural Directive with regard to the completion of a Transportation Project. 4 FISCAL IMPACT A. CDOT will fund and complete required Accessibility Features using funds allotted to the project. B, In the circumstance where a specific Transportation Project requires the purchase of right-of-way, an additional fiscal impact may result. Regardless of the fiscal impact, under current federal regulations, the right-of-way required to meet the requirements of this Procedural Directive must be acquired. VII, DOCUMENTS REFERENCED Curb Ramp Variance Support Document (available on the CRBRC website) Design Exception Variance Form #464 Page 7of9 Subject ADA Accessibility r'' r q nireegfl in C OT Tnnnsr den Pa°eJa6s Number 6051 PublicRights-of-Way Accessibility Guidelines ("PROWAG"), available online at ht s:I/www. aCCcss- board.gov/ deli es -an #standardslstreet idewa /publicerights-ofaway Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act ments to Provide Curb Ramps when Streets, Roads, or Highways are Altered though Resurfacing (2013) ('PE[WA Technical Assistance Memorandum'', attached hereto as Appendix B. Glossary of Terms for 1 ' FIWA Joint Technical Assistance on the ADA Title II Requirements to Provide Curb Ramps When Stets Roads or Highways are Altered Through Resurfacing (2013), attached hereto as Appendix C. CLOT ADA Transition Plan, available online at https://www.codot.govibusinessicivilrightsiaccessibility/ada E4 IMPLEMENTATION PLAN A. This Procedural Directive shall become effective upon signature by the Executive Director. B. The Office of Policy and Government Relations shall post this Procedural Directive on CDOrs internal website as well as on the CDOT Public Announcements. C. This Procedural Directive shall be implemented by the Civil Rights and Business Resources Center and the Division of Project Support, with the assistance of the Standards & Specifications Unitt, D. The Civil Rights and Business Resources Center and the Division of Project Support, t da rds Specifications Unit, shall ensure within thirty (30) days that all CDOT divisions, branches, regions, and offices are aware of this Procedural Directive. IX. REVIEW DATE This Procedural Directive will be reviewed on or before February 2022. It _� Executive Director P e8 of 9 3/Si 11 11 Date of Approval Subject ADA Ac : ` Re eE is in CDOT Transportation Projects Append A [Obtained from F'SWA] -ent tin ett crtitem name vs, AtNErtfort) AINTENA.NCE OCS Of! r Pat a gap -Sag SM1111 @rut Mk,. aserito thitirbtattlitai6( bitatactd awtriai Mitdra Oaveic•-st i Ptavait Q Pdeohing MNi SONIFr ' swam �, . * y AO �•. .FMi6It 'P : raP 41. r ■ ,yy\\* IS �-•- %w t••�i4 .eat •l� F 4pfir; t' J l,- . . rArr ._,„;„4• .10,;,...,„ rlkilicC '' t J. r r • •i\ •' �' esid l • %i .4. r .4 c ,t :. t{ -1 ••;s -• • k:4i R Yj. a. 1 t .'.• a LA , lig.," .111 • 3 _. 1 & r!m SOO awry goalE Weittftlegion Treadmen `"' bc ` iM. 1 •, a..? S. 4r 5''' a IS 4 4 Puge9of pr t-gt- L • a 4. •l' I. r t. ler r f Z 4 1,0 i 7 itotiPn *Fr IcelAIP r •• tY t Di 4 1 'IL E• a • Yom'. IF a �- I ti I a i+rr 9lr'.,' Jr .;i'�' .�i„o�It:..�; tfte v •L' - R, �. r� S JC• Pr, ' • t �f1 t �1� !.{• tij .... •:. .5 r.TR:. ; . �;r Fr. 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Is: U.S, Department of Transportation e er d Nig w.4y 1200 New Jersey Avenue, SE Washington, DC 20590 202-3664000 Ci Ci ghts i US Department of Justice Civil Rights Division Disability Rights Section ^TJv- a err Department of Transportation Federal ttlighway Administration Dpartnnt of Jr stkke partin t of Tnsoi .?.! o Safi LID CI 'Fish cad SSA IPPf 1I eel On the Tolle it of the Avterkas Wfth j bai tje Act Nequhrente y is Provilde curb blimpshe ; Streets, `- ads, or Highways are Arieere %re gip esurf.ttfin j h Title II of the Americans with Disabilities Act (ADA) requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public right of way. An important part of this requirement is the obligation whenever Meets, roadways, or highways are altered to provide curb ramps where street level pedestrian walkways cross curbs.2 This requirement is intended to ensure the accessibility and usability of the pedestrian walkway for persons with disabilities. An alteration is a change that affects or could affect the usability of all or part of a building or facility." Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect.4 Maintenance activities on streets, roads, or highways, such as fl U ling potholes, are not alterations. Without curb ramps, sidewalk travel in urban areas can be dangerous, difficult, or even impossible for people who use wheelchairs, scooters, and other mobility devices. Curb ramps allow people with mobility disabilities to gain access to the sidewalks and to pass through center islands in streets. Otherwise, these individuals are forced to travel in streets and roadways and are put in danger, or are prevented from reaching their destination; some people with disabilities may simply choose not to take this risk and will not venture out of their homes or communities. Because resurfacing of streets constitutes an alteration under the ADA, it triggers the obligation to provide curb ramps where pedestrian walkways intersect the resurfaced streets. See Kinney v. Yer ali , 9 F 3d 1067 (3rd Cir. 1993). This obligation has been discussed in a variety of technical assistance materials published by the Department of Justice beginning in l 994.1 Over the past few years, state and local governments have sought further guidance on the scope of the alterations requirement with respect to the provision of curb ramps when streets, roads or h ighwa s are being resurfaced. These questions have arisen largely due to the development of a variety of road surface treatments other than traditional road resurfacing, which generally involved the addition of a new layer of asphalt. Public entities have asked the Deponent of Transportation and the Department of Justice to clarify whether particular road surface treatments fall within the ADA definition of alterations, or whether they should be considered maintenance that would not trigger the obligation to provide curb ramps. This Joint Technical Assistance addresses some of those questions. Where must curb ram be provided? Generally, curb ramps are needed wherever a sidewalk or other pedestrian walkway crosses a curb. Curb ramps must be located to ensure a person with a mobility disability can travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk on the other side of the street, However, the ADA does not require installation of ramps or curb ramps in the absence of a pedestrian walkway with a prepared surface for pedestrian use. Nor are curb ramps required in the absence of a curb, elevation, or other barrier between the street and the wally. When is resurfacing considered to be an alteration? Resurfacing is an alteration that triggers the requirement to add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling. Examples include, but are not limited to the following treatments or their equivalents: addition of a new layer of asphalt, reconstruction, concrete pavement rehabilitation and reconstruction, open -graded surface course, micro -surfacing and thin lift overlays, cape seals, and in -place asphalt recycling. What kinds of treatments constitute maintenance rather than an alteration? Treatments that serve solely to seal and protect the road surface, improve friction, and control splash and spray are considered to be maintenance because they do not significantly affect the public's access to or usability of the road. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface sealing, chip seals, slurry seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar retrofit, spot highef riction treatments, diamond grinding, and pavement patching. In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps. What if a locality is not resurfacing an entire block, but is resurfacing a crosswalk by itself? Crosswalks constitute distinct elements of the righteefaway intended to facilitate pedestrian traffic. Regardless of whether there is curieto-curb resurfacing of the street or roadway in general, resurfacing of a crosswalk also requires the provision of curb ramps at that crosswalk, I, . .. ...a .... .- r lea i_ .is., a.. 1 The Department of Justice is the federal agency with responsibility for issuing regulations implementing the require ants. of tithe II of the ADA and for coordinating federal agency compliance activities with respect to those requirements. Then applies to the programs and activities of state and Iucal governmental entities. The Department of Justice and the Department of Transportation sham responsibility for enforcing the requirements of title 11 of the ADA with respect to the public right of way; including streets, roads, and highways. 2 See 28 CFR 35.151(0(1) (Newly constructed or Stead sheets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a strut level pedestrian walkway) and 3S.151(i)(2) (Newly constr rcted or altered suet level pedestrian walkways must contain curb ramps or other sloped tines at intersections to sue, roads, or highways). 2, 28 CFR 35.151(b)(1). 2010 ADA Accessibility tandards, section 106.5, See 1994 Title II Technical Assistance Manual Supplement, Title ll TA Guidance: The ADA and City Govenunantrs: Common probes; and ADA Best Practices Tool Kit for State and Local Governments: Chapter 6, Curb Ramps and Pedestrian Crossings under Title_ II of the ADA, available at & m. Page last modified on June 211, 2013. ppend U.S Department of Transportation F er+I ng w y Ad 1200 New Jersey Avenue, SE Washington, DC 20590 2024664000 isamiRJO•lit- NMI, MO Chi istr ghts Ci gilts • 4 Glossary of Terms for DOW ' Joint Tech A Title II irequirements to Provide Cur ightways are 41I tered T rough ;I:, , •.• lad Assistance on amps Vitiien Streets o surfacing it ds or This glossary is intended to help readers understand certain road treatments referenced on page 2 of the DOJO Joint Technical Assistance on the ADA Title 11 Requirements to Provide Curb Ramps When Streets Roads or Highways are Altered Through Resurfacing. The definitions explain the meaning of these terms from an engineering perspective and are provided in the order in which they appear in the Technical Assistance document. Treatments that are considered alterations of the d surface Reconstnoction — Reconstruction refers to removing all or a significant portion of the pavement material and replacing it with new or recycled materials. This may include full -depth reclamation, where the pavement surface is demolished in place and new pavement surface is applied. In addition, reconstryction may also include grinding up a portion of the pavement surface, recycling it and placing it back, and then adding a wearing surface, such as in cold inmplace asphalt recycling. Reconstruction often includes widening or geometrical changes to the roadway profile. Rehabilitation — Rehabilitation refers to significant repairs made to a road or highway surface, including activities such as full slab replacement, tilling voids under slabs (slabjackin , widening, and adding additional structural capacity. Openagraded surface course -- Opensgraded surface course, also known as "open -traded friction course," involves a pavement surface course that consists of a highs -void, asphalt concrete mix that permits rapid drainage of rainwater through the course and off the shoulder of the road. The mixture consists of either Polymer - modified or rubber -modified asphalt binder, a large percentage of onecsized d coarse aggregate, and a small amount of fibers. This treatment prevents tires from hydroplaning and provides a skids -resistant pavement surface with significant noise reduction. Microsurfaeing — icrosurfacing involves spreading a properly proportioned mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, on a paved surface, Microsurfacing differs from slurry seal in that it can be used on high volume roadways to correct wheel path rutting and provide a skid resistant pavement surface. Thin lift overlays — Thin lift overlays are thin applications of mixtures of hot mix asphalt. Thin lift overlays may also require some milling along curbs, manholes, existing curb cuts, or other road structures to assure proper drainage and cross slopes. Cape seal — A cape seal is a thin surface treatment constructed by applying a shiny seal or microsurfacing to a newly constructed chip seal. It isdesigned to be an integrated system where the primary purpose of the slurry is to fill voids in the chip seal. htjplace asphalt recycling — Inaplace asphalt recycling is a process of heating and removing around l is2 inches of existing asphalt and remixing the asphalt with the addition of a binder additive and possible aggregate to restore the wearing surface for placement and compaction. All of this is performed in a train of equipment. Treatments that are considered maintenance of the road surface Crack filling and sealing — Crack filling and sealing involves placing elastorneric material directly into cracks in pavement. Surface sealing a- Surface sealing involves applying liquid sealant to pavement surface in order to stop water penetration and/or reduce oxidation of asphalt products. Sand is sometimes spread over liquid to absorb excess material. Chip seals i Chip Seals involve placing graded stone (chips) on liquid emulsified asphalt sprayed on pavement surface. The surface is rolled to enable seating of chips. Slurry seal Slurry seals involve spraying a mixture of slow setting emulsified asphalt, well graded fine aggregate, mineral filler, and water on the pavement surface. It is used to fill cracks and seal areas of old pavements, to restore a uniform surface texture, to seal the surface to prevent moisture and air intrusion into the pavement, and to improve skid resistance. Fog seal — Fog seals are a type of surface sealing. Scrub sealing — Scrub sealing is type of surface sealing Joint crack seals Joint crack seals are usually associated with concrete pavement. This work consists of routing and cleaning existing cracks and joints and resealing to prevent water and non-corpressibles from entering into the pavement joints and subgrade materials. Joint repairs na Joint repairs are usually associated with concrete pavement. This work consists of selectively repairing portions of the pavement where the slabs are generally in good condition, but corners or joints are broken. The depth of the patch could be full depth or partial depth. Dowel retrofit — Dowel retrofits are usually associated with concrete pavement. This work involves the installation of dowel bars connecting slabs in existing pavements. Pavement with dowel bar retrofits ciin have life extensions of as much as 20 years. Its application is almost exclusively on high speed Interstate highways. Spot h ighafriction treatments -- Spot high -friction treatments involve using epoxy based resin liquids as a binder for an aggregate with high friction properties. These are used in locations where drivers are frequently braking and the pavement surface has less resistance to slipping. Diamond grinding — Diamond grinding involves using a gang saw to cut grooves in the pavement surface to restore smoothness and eliminate any joint .faulting, Pavement patching ar Pavement patching involves selectively repairing portions of the pavement where the slabs are generally in good condition, but corners or joints are broken. The depth of the patchcould be full depth or partial depth. Paige last modified on February 3, 2013. State Highway Access Permit Attachment to Permit No. 417166 - Additional Terms and Conditions 1 1, If there are any questions regarding this permit, please contact Tim Bi to b ra ri at 970-350-2163. 2. The Pe rrn ittee shall refer to all additional standard requirements included with this permit a n d any enclosed additional terms/ conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (CDOT Form No. 137) Permit (COOT Form No. 101) and its attachments Exhibits: "A" — Access Plan — Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. . This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage/ or other operation aspects may render this permit void, requiring a new permit to be applied for based upon the existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections, and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plan must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. 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 CRP Part 1926 — Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following personal protective equipment: • Head protection that complies with the ANSI Z89.1-1997 standard; • At all construction sites or whenever there is danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn • High visibility apparel as specified in the Traffic Control provision of this permit (at such a minimum ANSI!ISEA 107-1999, Class 2). Where any of the above referenced ANSI standards have been revised, the most recent version of the standard shall apply, 7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The permittee ittee shall State Highway Access Permit Attachment to Permit No. 417166 - Additional Terms and Conditions 2 promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. The Department retains the right to perform any necessary maintenance work in this area. 9. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs. 10. 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. 11. All costs associated with the reconstruction of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 12. No work will be allowed at night, or on 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. 13. Traffic detours or lane closures will not be allowed, unless pre -approved by the Department. 14! Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 15. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 16. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requires the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity. Irrigation of features within the right -ow -way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Tim Bilobran at the Greeley Traffic Office, (970) 350-2163 to obtain the Landscaping Permit. 17. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of the access permit and may result in revocation of the permit by the Department and/or the issuing authority. 18. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance State Highway Access Permit Attachment to Permit No. 417166 - Additional Terms and Conditions 3 notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 19. The State requires a Certificate of Insurance prior to commencing any work on the State Highway right-of-way. Policies shall name the State of Colorado as additional insured party. All vendors, contractors, and utility companies shall procure, at their own expense, and maintain for the duration of the work period, the following minimum insurance coverages: A. Standard workman's compensation and employer's liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State Statutes. B. Comprehensive general liability in the amount of $600,000 combined single limit bodily injury and property damage, each occurrence and $2/000,000 annual aggregate. C. Automobile liability in the amount of $600,000 combined single limit bodily injury and property damage, for each accident. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit and be available on the site during construction. 20. All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection improvement(s) within the State Highway shall be in accordance with the following Department standard references as applicable. A. State Highway Access Code, 2 CCR6O 1-1 B. Roadway Design Manual C. Materials Manual D. Construction Manual E. Standard Specifications for Road and Bridge Construction, latest edition F. Standard Plans (M&S Standards) G. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto H1 A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition I. AASHTO Roadside Design Guide J. Institute of Transportation Engineer's Trip Generation Manual, 6th Edition Some of the reference materials listed above (A through E) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, CO 80222-3400 (303) 757-9313 The State Highway Access Code may be purchased from; The Public Records Corporation 1666 Lafayette Street RD Box 18186 State Highway Access Permit Attachment to Permit No. 417166 - Additional Terms and Conditions 4 Denver, CO 80218 (303)832-8262 The websfte address is: 21. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department, through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 22 Survey markers or monuments must be preserved in their original positions. Notify the Department at (970) 350-2173 immediately upon damage to or discovery of such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 23. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, artifacts, (pottery, stone tools, arrowheads, etc.), the work shall be stopped and the Permittee shall notify the Department inspector, 24, The Permittee or the contractor shall notify Bruce Barnett at (970) 350-2147 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way, Failure to comply with this requirement may result in revocation of this permit. 25. The access shall be reconstructed and maintained as per Exhibit "A'. 26, Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 27. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade fora minimum of 20 feet. 28. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 29, All required access improvements shall be installed prior to the herein authorized use of this access. 30. The access shall be resurfaced immediately upon completion of earthwork construction and prior to use. 31. Surfacing of the access shall be completed as per Exhibit "A" State Highway Access Permit Attachment to Permit No. 417165 - Additional Terms and Conditions 5 32. No paved surface shall be cut unless specified in this permit, Asphalt removal shall be saw cut to assure a straight edge for patching. 33. If frost, water, or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water, or moisture is gone or removed,. 34, The access shall be reconstructed and maintained in such a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 35. All existing drainage structures shall be extended/ modified, or upgraded as necessary, to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 36. The Permittee shall request final inspection by Bruce Barnett at (970) 350-2147 within 10 days following the completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 37 A fully executed complete copy of this permit must be on the job site with the contractor at all times during 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. 38. The development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. 39. The Department inspector may suspend work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department Inspector. 40. If State Highway right-of-way fence exists or is proposed, the Permittee must contact Tim Bilobran at the Greeley Traffic Office, (970) 350-2163 prior to removal or installation. 41. The Permittee will be required to obtain a highway right-of-way fence agreement for a special fence if the Permittee desires to remove the existing standard highway fencing in this area. The Permittee shall contact Bruce Barnett (970) 350-2147. 42. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department Contact Tim Bilobran at (970) 350-2163 to obtain the contact name of the correct person to return the materials to. 43. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the State Highway Access Permit Attachment to Permit No. 417166 - Additional Terms and Conditions 6 appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained from the CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction- Environmental Guidance webpage at httpitiwwwociot.state.coousienvironmental Forms as FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN THE SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by COOT or the Colorado Department of Public Health and Environmental (CHPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water 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 condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire -fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CHPHE website at: http:ficciphesstate.co.us/wq/PermitsUnitiwciu. wciu. COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMiT APPLICATION Issuing authority apgioation acceptance date: 1 Instructions; use pint or type - Contact the Colorado Department of Transportation (CDOT) or your local govommentto determine your issuing authority. • Contaotthe issuing authority to determine what plans and other documents are required to be submitted with your al Corr. Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority. - Submit an application for each access affected. - it you have any questions contact the issuing authority. - For additional Inionttation see MOT's Access Management website at Mtn/# , I statek , LUW de h Pr rty ' (P, IUee) Union Farms Development 1JLC Street address 1351, Red Ash Lane may, state & zip Boulder,, CO 80303 :lama address redbarndevegmail com Phone 303-817-•3533 2) Applicant or Agent for perrn�tee of iiffr rent fro property owner) Andrew Batson TMailing address 12656 Waterside Lane City, state & zip Longmont, CO 80504 Pine* (required) 303-6414058 E-mail address if available andrew@y nvayhome.com _ 3) Address of pr arty to be served by permit (required) 1132 Highway 66,E Longmont CO 80504 4) Legal description of property: ti within jurisdictional limits of fvlunicipailly, city and/or County, which one? Daiffeid autdiviskin black lot section 5) What State Highway are you requesting access from? State Highway 66 7) Hew rnarky feat Is the proposed access from the nearest mfte post? 671 bet.N us t4 E to from: ca 3 8) What is the approximatedate you intend to begin construction? There will be no construction. This is an existing driveway. Adding a second residences . 8) What side of the hi f hwa '' DN S E township 3 North I 6EI West How many feet Is the proposed amass from the nearest cross street? 9) Check here if you are requesting a: new access cjtemporaly access (duration anticipated: ctango In access use - removal of access 671 _fesrt aN Li E w Imam: 0j3 3 - flimprovetnent to existing acct =allocatiers of an existing access (provide detail) 10) Provide existing property use Driveway historically served one residence, We are completing a recorded exemption and adding a second lot/residence. 11) Dc you have knowledge of any State Highway access penny wing this property, or adjacent properties in which you have a property Interest? yes, if yes • what are the permit number(s) and provide copies: andlorr, permit data: Property is overlie years old, so I don't think there was a permit at this3t time. 12) Does the property owner own or have any interests in any adjacent property? no O yes, if yes- please describe; IS) Are there other existing or dedicated public streets,. roads, highways or access easements bordering or within the property? no Oyes, If yes list them on your plans and indicate the proposed and existing access points. 14) if you are requesting agricultural field access - how many acres war the BCCESS sere? H/k 15) It ou are requesting commercial or Industrial access please indicate tha types number of businesses and provide the floor area square footage of each. ybusiness square foot business/kind use square footage _ N/A 16) If you are requesting residential developement amass what is the type (singiefem y, apartment, townhouse) and number of units? tips number of units tYPe 2 Single family home • number Of units 17) Provide the foitowing vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. t jai passenger cram end WI trucks at peak hot velum= Oaf multi unit trucks at peak hour ivoitslie2 20 CIO trips per day per house)( c tndieat a li your counts are i = ak hour fumes or verage daily volumes. t of single unit yetdcies In exam ul a{b it 0 of farm irehasies Meld equipment) Total count of all vrehe 0 Twenty Previous editions are obsolete and rnay not be used Page 1 of 2 MOTreml *137 01/10 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and stns . b} Highway and driveway Dian protila. c) Drainage plan showing fact to the highway right-of-way, d) Map and letters detailing utility locations before and after development in and along the right-of-way. e) Subdivision, zoning, or development plan. f) Proposed access design. g) Parcel and ownership maps Including easements. h) Traffic sales. i) Proof of ownerahip. 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 COOT Utility/Special Use Permit offices or accessed via the CDOT Planning/Construction-Environmental-Guidance webpage hAtplivrjrat.dotastatenco.usienvironmentallFormsask 2- All workers within the State Highway right of way shall comply with their employers 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 En 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/ISM 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 ply. 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: chttp:f�wdot:a tea .0 D lanSupportf>, then click on Design Bulletins. if an access permit is issued to you, it will state the termsand 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 to the t of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Applicant orG .r Perrnittee signature �dis.1 Print ame if th appliaant is not the owner of the property; we requ i r'e this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement ` nall owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most with this application byg cases, will be listed as the perm ittee. Property +owrtarsignature Printnam PraViaus editions are obsolete and may net be used Pages 2 of n COOT Form #137 01,10 EXHIBIT "A" - SIMPLE ACCESS DESIGN Define* Width of access exclusive of radii Radii Profile Angle if other than 900 Surfacing — material type (asphalt, grading, concrete class, total thickness, individual mat thickness for asphaltic materials) Curb and gutter type/dimensions/material Permanent signing or pavement markings necessary Drainage features — culvert type and size (no RCP in ROW), no increased runoff to ROW Special or unusual features Any landscaping in ROW SURFACING: ti�j�, Cita 55 (o R4 04 S.H. No. (DC' 2.D Width t22Ifjy 20' rn co --4 Se: L. S :terfin <-7) C.> F,:' wmg, es -0 rer si s Center Line th4. Searea-C Sea Maree tw White Line Hello