Region 5 Traffic Section 3803 North Main Ave. Suite 100 Durango, Colorado 81301

3803 North Main Ave. Suite 100, Durango, Colorado 81301 P (970) 385-3626(970) 385-8361– https://codot.gov/accesspermits

Permit No. 524026

March 6, 2024 Keith Berger Bureau of Land Management 3028 E Main Street Canon City, Colorado 81212

Dear Permittee:

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, please sign and date the Access Permit form on the line marked “PERMITTEE” via DocuSign. Your signature confirms your agreement to all the listed Terms and Conditions.

5. Please use the provided PayPal link or provide a check or money order made payable to CDOT for the total amount due of $0.00.

6. You must return the signed Access Permit signature pages, including the permit face page

(Form #101) and the final page of the terms and conditions, 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.

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within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this permit withdrawn.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 Randee Reider at (970) 385-3626.

Region 5 Traffic Section 3803 North Main Ave. Suite 100 Durango, Colorado 81301

DocuSign Envelope ID: 03853815-822E-4F2E-BA61-3D36D4ABBF83

COLORADO DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ACCESS PERMIT

CDOT Permit No.

524026

State Highway No / Mp / Side

050A / 224.268 / Left Permit Fee

WAIVED

Date of Transmittal 03/06/2024

Region / Section / Patrol / Name

5 / 07 / 09 Local Jurisdiction

Chaffee County

The Permittee(s):

Keith Berger Bureau of Land Management 3028 E Main Street Canon City, Colorado 81212

(719) 269-8500

The Applicant(s):

Thomas A. Waters Jr.

Colorado Parks and Wildlife Arkansas Headwaters Recreation Association 307 W Sackett Ave Salida, Colorado 81201

(719) 539-7289 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.

Location: Access is located on the north side of US Highway 50 A, approximately 1,415 east of Milepost 224.

Access to Provide Service to: (Land Use Code) (Size) (Units)

1000 – Other – TOTAL TRAFFIC 64 DHV

416 - Campground/Recreational Vehicle Park 25 full access sites Each

416 - Campground/Recreational Vehicle Park 8 walk-in tent sites Each

416 - Campground/Recreational Vehicle Park 8 vault toilets Each

416 - Campground/Recreational Vehicle Park 1 boat ramp Each

Additional Information:

* See attached pages 2-3 of Form 101, and all other attachments, enclosures, and exhibits for additional terms and conditions. *

MUNICIPALITY OR COUNTY APPROVAL

Required only when the appropriate local authority retains issuing authority.

Signature

N/A

Print Name

Date

Title

Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used.

The permittee shall contact the Region 5 Access Manager with the Colorado Department of Transportation, at

(970) 385-3626 at least thirty (30) days prior to beginning any work within the CDOT right-of-way or beginning the permitted use(s).

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

Applicant Signature

Print Name Date

This permit is not valid until signed by a duly authorized representative of the Department.

COLORADO DEPARTMENT OF TRANSPORTATION

Signature Print Name Title

Date (of issue)

Copy Distribution: Required:

1.Region 3.Staff Access Section 2.Applicant 4.Central Files

Make copies as necessary for: Previous editions are obsolete and may not be used

Local Authority Inspector Page 1 of 3 CDOT Form #101 5/07

MTCE Patrol Traffic Engineer

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DocuSign Envelope ID: 03853815-822E-4F2E-BA61-3D36D4ABBF83

3/6/2024 | 5:09 PM MSTThomas A. Waters Jr.

3/18/2024 | 3:57 PM PDTKeith Berger

Randee Reider 3/20/2024 | 1:27 PM MDTRegion 5 Access Manager

State Highway Access Permit Form 101, Page 2

The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit.

APPEALS

1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature.

Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant.

2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority.

3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department’s internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently.

4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit.

PERMIT EXPIRATION

1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension.

When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed.

CONSTRUCTION

1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4]

2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector.

3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit.

4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public.

5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access.

6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended.

7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair.

8. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.

All posts and wire removed are Department property and shall be turned over to a representative of the Department.

9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications.

Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions.

10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan..

11. 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 modifications to the access are required.

2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies.

The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S.

MAINTENANCE

1. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations.

Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department.

Form 101, Page 3

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State Highway Access Permit Page – 101a

Worker Safety and Health

All workers within the State Highway right of way shall comply with their employer’s safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations – including, but not limited to the applicable sections of 29 CFR Part 1910 – Occupational Safety and Health Standards and 29 CFR Part 1926 – Safety and Health Regulations for Construction.

Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment:

• Head protection that complies with the ANSI Z89.1-1997 standard;

• 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;

• High visibility apparel as specified in the Traffic Control provisions of this permit (at 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.

Environmental Clearance

It is the applicant’s responsibility to contact the appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include but are not limited to 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 and information about prohibited discharges;

copy attached.

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Permit Number 524026 US Highway 050, Milepost 224.268 Left Bureau of Land Management/ CPW-Arkansa Headwaters Recreation Association Access with Auxiliary Lanes

Terms & Conditions Page 1 of 21

LEVEL 3 - ACCESS PERMIT TERMS & CONDITIONS

FULL-MOVEMENT ACCESS WITH AUXILIARY LANES

A. PERMIT REQUIREMENTS SPECIFIC TO THIS ACCESS:

1. Permit Number 524026 is issued by the Colorado Department of Transportation (CDOT) in accordance with the 1998 Access Code and is based upon the information submitted by the Permittee.

a. Any changes in the herein permitted type and use and/or volume of traffic using the access, drainage, or other operational aspects shall render this permit void, requiring that a new application be submitted for review based upon currently existing and anticipated future conditions.

b. Upon completion of the improvements identified in this permit, Permit 524026 shall replace and void all previous access permits for this location, including, but not limited to, 505086.

c. If the requirements of this Permit are not satisfied or this Permit expires, the access rights will revert to the access permit issued prior to this permit. If there is no valid prior permit, then the access rights and uses shall revert to the historic use.

d. This permit is not valid unless the land use(s) enumerated herein has been approved by the local (City/County) Land Use Planning Authority.

2. Permit Number 524026 is issued for the construction and use of:

a. A Paved Full-Movement access on US Highway 050 for Bureau of Land Management/Colorado Parks & Wildlife-Arkansas Headwaters Recreation Association at approximate mile marker 224.268 Left.

b. This permit shall be constructed in two Phases, as described below:

i. Phase I - The existing access location shall be reconstructed with a concrete apron.

ii. Phase II - A left ingress deceleration lane from eastbound US Highway 050 onto the access. This lane shall be constructed to the full length required by the State Highway Access Code, Section 4. Details for this lane shall be submitted by Permittee/Applicant in Exhibit “B,” Reserved (Designs Plans) and approved by CDOT prior to construction. Construction of the deceleration lane shall be completed by Colorado Parks & Wildlife- Arkansas Headwaters Recreation Area within the three-year permit timeframe.

3. The access shall be Paved a distance of 50 feet from the edge of traveled way and may be paved or gravel surfaced any remaining distance within State Highway ROW. The access shall have a width of 30 feet and radius of 25 feet.

4. The access shall be perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of pavement or to the ROW, whichever is furthermost.

Terms & Conditions Page 2 of 21

It shall slope down and away from the adjacent pavement edge at a rate of two percent (2%) for a minimum of 20 feet, then not to exceed eight percent (8%) grade up or down to the ROW line.

5. Temporary Traffic Control, with prior written approval by CDOT, is required at all times during construction of the access in accordance with the Traffic Control Plan (TCP) and corresponding Methods of Handling Traffic (MHT). The MHT’s shall be developed and implemented by a Traffic Control Supervisor (TCS) certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA).

6. The category for this section of Highway 050 is R-A. The access shall be in conformance with the State of Colorado State Highway Access Code, Volume Two, Code of Colorado Regulations 601-1, August 31, 1998, as amended.

7. The access shall serve a tract of land located in the SW ¼ of Section 10, Township 49N, Range 77W, N.M.P.M., in Chaffee County, Colorado, also known as Salida East Recreation Site.

8. Incorporated as part of this permit are the following:

a. State Highway Access Permit pages 1-3 and Page 101a

b. Access Permit Terms and Conditions Pages 1 through 21

c. EXHIBIT “A,” (Traffic Impact Study dated January 9, 2024)

d. EXHIBIT “B,” Reserved (Plans)

e. EXHIBIT “C,” (Traffic Control Typical Application)

f. CDOT M&S Standards M-203-1, M-208-1, M-607-1, and M-611-1

g. CDOT Late Fall, Winter and Spring Special Provisions for Access Construction and Utility

Installations

h. CDOT Environmental Clearances Information Summary

i. Water Quality Program Summary

j. State Highway Access Permit Application (CDOT Form No. 137) received February 21,

9. This Permit describes the access and improvements that will serve the following land uses:

a. Recreational Vehicle Park (ITE Code 416), including 25 full access RV campsites, 8 walk-in tent sites, 8 vault toilets, and a boat ramp with access to the Arkansas River.

TOTAL TRAFFIC – 64 DHV

10. This permit is only for the purpose stated herein. Any changes in the type, use and/or volume of traffic using the access will require a new permit.

11. If any future development impacts this State Highway connection, CDOT will review the changes and shall determine if a traffic impact study is needed. CDOT will make the determination based on the potential degradation of the access below an acceptable level of

Terms & Conditions Page 3 of 21 service “C” for the classification of US 050 of National Truck Route in Mountainous terrain. If in the sole judgment of CDOT a new traffic impact study is needed, it shall be completed at no cost to CDOT, and the new development shall be required to mitigate any impacts revealed by the traffic impact study.

12. At the access location, US 050 has a posted speed limit of 55 mph with approximate 6:1 foreslopes and an Average Annual Daily Traffic (AADT) of 6,100, which correlates to a minimum Clear Zone of 24 feet from the edge of traveled way. The Permittee/Contractor shall take the minimum Clear Zone into consideration during the design and construction of the access.

13. “Right-of-Way” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, or the entire width of every way declared to be a public highway by any law of this state.

14. Internal site circulation and parking must be adequate to serve the land uses described here.

15. No backing into the Right-of-Way will be allowed under any circumstances.

16. No parking within the Right-of-Way will be allowed under any circumstances.

17. Both backing into the Right-of-Way and parking within the Right-of-Way are considered to be traffic offenses and can be ticketed by any law enforcement officer of the jurisdiction in which the access is located.

18. Any violation of the above provisions may be grounds for revocation by the Department of this access permit and may result in physical closure of the access.

PHASE I

(Concrete apron)

B. REQUIREMENTS PRIOR TO NOTICE-TO-PROCEED (NTP) FOR CONSTRUCTION:

1. The Permittee/Contractor must contact Ms. Randee Reider at phone number 970-385-3626 or via email at randee.reider@state.co.us to schedule a meeting with one of our inspectors thirty (30) working days prior to beginning any access improvements or construction of any kind within the highway Right-of-Way (ROW). Failure to comply with this condition may result in revocation of this permit.

2. It is the responsibility of the Permittee/Applicant to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency. Please refer to “CDOT Environmental Clearance

Terms & Conditions Page 4 of 21

Information Summary” for details. FAILURE TO COMPLY WITH REGULATORY

REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF THE

CDOT ACCESS PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES.

3. A written request for a Notice to Proceed must be submitted to this issuing office along with the following items:

a. The Permittee shall provide written approval from the Local Authority for the proposed land use that will be served by the access. Granting of an access permit in no way implies CDOT concurrence or non-concurrence with the Permittee’s proposed land use.

b. The Permittee/Contractor is required to provide comprehensive general liability and property damage insurance naming the Department (CDOT) as an additional insured party in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. By accepting the permit, Permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, 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. CDOT shall be listed as “Additional Insured”, and CDOT shall be listed as “Certificate Holder” on the Certificate of Insurance (COI). Copies of insurance coverage shall be submitted to the Region 5 Access Manager prior to the issuing of the NTP. A copy of the insurance policy is required to be available at the construction site at all times for inspection.

c. The Traffic Control Supervisor (TCS) shall provide a Traffic Control Plan (TCP) in accordance with the current edition of the Manual on Uniform Traffic Control Devices (MUTCD). The TCP shall be submitted to the Region 5 Access Manager for review and acceptance a minimum of ten (10) working days prior to the desired implementation date. Exhibit “C,” provides a typical application from the MUTCD as a basis for developing the TCP. If construction of the access improvements involves a Traffic Control application that differs from Exhibit “C,” the TCS shall submit a new TCP for review and acceptance. Traffic Control of any nature will not be allowed unless authorized in writing by CDOT.

C. GENERAL DESIGN REQUIREMENTS:

1. Design of improvements within the highway ROW shall be in compliance with the most current editions of the following manuals and documents except as indicated:

a. CDOT Design Guide

b. CDOT Drainage Design Manual

c. CDOT Standard Plans M&S Standards

d. AASHTO Roadside Design Guide

Terms & Conditions Page 5 of 21

e. AASHTO Policy on Geometric Design of Highways and Streets

f. CDOT Standard Specifications for Road and Bridge Construction

g. CDOT Standard Special Provisions

h. Manual on Uniform Traffic Control Devices (MUTCD)

i. 1998 State Highway Access Code, Volume 2, Code of Regulations 601-1, as amended

j. ITE Traffic Engineering Handbook

k. ITE Trip Generation Manual, 6th Edition

2. No grading, construction, structures or toes of slopes necessary for site development shall be placed within CDOT ROW.

3. Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The current Standard Plans reflect these requirements.

4. It is the responsibility of the Permittee/Applicant to determine which environmental required directly from the appropriate agency. Please refer to “CDOT Environmental Clearance Information Summary” for details. FAILURE TO COMPLY WITH REGULATORY

5. ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils, or soaps.

6. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) as not being a source 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 conditioning condensation, irrigation water, springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities, and water incidental to street sweeping (including associated sidewalks and medians) and that is not associated with construction. Discharges from these sources may still require separate CDPS permit coverage to be obtained by the discharger.

7. ANY OTHER DISCHARGES may require Colorado Discharge Permit(s) or separate permits from CDPHE or the appropriate agency before work begins. For additional information and forms, go to the CDPHE website at:

Terms & Conditions Page 6 of 21 http://www.cdphe.state.co.us/wq/PermitsUnits/wqcdpmt.html or contact the CDOT Water Quality Program Manager at 303-757-9343.

8. Discharges may also be subject to additional State and Local restrictions, such as MS4 (Municipal Separate Storm Water Sewerage Systems) requirements for permanent sediment control, TMDL (Total Maximum Daily Limit), TMAL (Total Maximum Annual Limit) or discharge.

D. DRAINAGE DESIGN REQUIREMENTS:

1. No site drainage from the constructed access shall enter onto the traveled way of the highway.

2. Drainage to the State Highway Right-of-Way shall not exceed the historical undeveloped rate of flow.

3. If the State Highway includes a drainage ditch at the proposed access location, the Permittee shall install a minimum of an 18” Corrugated Steel Pipe side drain culvert for drainage. The side drain culvert shall include steel end sections at both ends. The access drainage requirements to include the required side drain culvert size shall be discussed with the CDOT Maintenance representative prior to any construction of the access.

4. Required Cross Culverts under the State Highway, Side Drain Culverts under the Access, Curb, Gutter, Inlets, Sidewalk and Driveways shall conform to CDOT Standards and facilitate proper drainage along the State Highway.

E. PAVEMENT DESIGN REQUIREMENTS:

1. Materials shall conform with:

a. Section 304 - Aggregate Base Course (ABC) - Class 6, with resistance values of at least 70 and 76 respectively when tested by the Hveem Stabilometer method.

b. Section 403 - Hot Mix Asphalt Grading S or SX, PG 58-28.

c. Section 412 & 601 - Concrete Pavement Class P or D = 4,500 psi

2. Unless a pavement design is submitted, pavements shall conform to the following compacted thicknesses:

a. Hot Mix Asphalt (HMA) Pavement-

i. HMA- 4 inches on the Access. Any pavement replaced on the State Highway shoulder shall match the existing pavement thickness.

ii. ABC (Class 6)- 6 inches

iii. ABC (Class 1 or 2)- 12 inches

b. Concrete Pavement-

i. Concrete- 6 inches

ii. ABC (Class 6)- 6 inches http://www.cdphe.state.co.us/wq/PermitsUnits/wqcdpmt.html

Terms & Conditions Page 7 of 21

F. GENERAL CONSTRUCTION REQUIREMENTS:

1. A COPY OF THIS PERMIT AND THE VALIDATED NOTICE TO PROCEED MUST

BE ON THE JOB WITH THE CONTRACTOR AT ALL TIMES OR ANY WORK

ONSITE AND OFFSITE WILL BE ORDERED TO BE IMMEDIATELY SUSPENDED

UNTIL THIS TERM IS COMPLIED WITH.

2. Construction Activities within the highway ROW shall be in compliance with the most current editions of the following manuals:

a. CDOT Standard Specifications for Road and Bridge Construction

b. CDOT Standard Special Provisions

c. CDOT Standard Plans M&S Standards

d. CDOT Construction Manual

e. CDOT Field Materials Manual

f. CDOT Laboratory Manual of Test Procedures

g. Manual on Uniform Traffic Control Devices (MUTCD) Part IV and the Colorado

Supplement

h. EXHIBIT “B,” (Access Layout Design Plans, Reserved)

i. EXHIBIT “C,” (Traffic Control Typical Application)

3. The Permittee/Contractor 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.

4. Any removal of existing fence, in excess of opening required for the access, or installation of a fence that is erected adjacent to the highway ROW requires a separate CDOT Fencing Agreement.

5. Any landscaping within CDOT ROW requires a separate CDOT Landscaping Permit.

6. Any Utility work within CDOT ROW requires a separate CDOT Utility Permit.

7. The Permittee will be responsible for verification of existing utility locations. The Permittee must notify owners or operators of underground utility facilities at least two (2) business days prior to beginning excavation in the vicinity of such facilities, as required under Section 9- 1.5-103, Colorado Revised Statutes. Call Utility Notification Center of Colorado (UNCC), 811 or1-800-922-1987 for marking of member utilities. Call non-member utilities directly.

8. The Permittee/Contractor shall coordinate access construction with any utility installations.

9. Any damage to utilities during construction shall be the Permittee’s responsibility to repair or replace the utility at no cost to CDOT.

10. The Permittee/Contractor shall not make any changes to the access design without prior

Terms & Conditions Page 8 of 21 approval from the Region 5 Access Manager or other authorized Region 5 CDOT representative. If necessary, minor changes, corrections, and/or additions to this permit will be ordered by CDOT to meet unanticipated site conditions.

11. Any damage to any existing highway facilities shall be repaired by the Permittee prior to continuing other work.

G. SAFETY, WORKING TIMES AND TRAFFIC CONTROL:

1. CDOT reserves the right to suspend any construction activities, to include Traffic Control, that interfere with the safe operation of the State Highway. Any such suspensions shall require a written plan of action detailing how the Permittee/Contractor will prevent further safety infractions prior to recommencing construction activities.

2. All equipment, materials or any other non-crashworthy item shall be stored outside the clear zone during non-working times.

3. Existing highway signs requiring removal within the limits of the construction activities shall be removed and delivered to the CDOT Maintenance Shop for storage and future replacement by the Permittee unless otherwise agreed to by CDOT and Permittee. Installation shall be as directed by CDOT.

4. The Permittee/Contractor will be responsible for keeping the State Highway travel lanes and shoulders clear of any mud or debris tracked onto it throughout construction of the access on a daily basis or as otherwise directed by CDOT.

5. The existing paved shoulder edge shall not be saw cut back until the future pavement is ready to be installed.

6. Any pavement drop-offs that will be left overnight shall be delineated with appropriate channelizing devices and any reasonably obtained lateral buffer space.

7. The Permittee/Contractor shall comply with Revision of Section 107.06 of the CDOT

Specifications regarding Safety, Health, and Sanitation Provisions.

8. No work within the highway ROW will be allowed on Saturdays, Sundays, legal holidays, or during periods of adverse weather conditions.

9. All construction activities within the state highway ROW will not be allowed to begin before sunrise and shall be required to cease prior to sunset. Traffic Control operations may begin one half hour before sunrise and continue until one half hour after sunset.

10. No disruption of traffic flow will be allowed during the morning (7:00 AM to 8:30 AM) and evening (4:30 PM to 6:00 PM) peak hour traffic flows, unless otherwise authorized in writing

Terms & Conditions Page 9 of 21

H. SPECIFIC CONSTRUCTION REQUIREMENTS:

1. All existing ROW and survey control markers shall be protected during construction of this access. Any damage to these markers shall require resetting by a Colorado Professional Land Surveyor.

2. All erosion control devices shall be in place prior to the start of construction. Typical erosion control devices are shown in M-208-1.

3. For any ROW fence that must be removed, the posts on either side of the entrance must first be braced with an end post prior to cutting the fence as shown in M-607-1. Removed fencing material shall remain the property of CDOT and shall be given to the CDOT Maintenance representative.

4. If livestock animals roam freely within the property served by the access, the access shall close the break in the ROW fence with a gate conforming to CDOT Standard Plan M-607-1 or a Cattle Guard conforming to M-611-1. Gates shall be located so that the longest vehicle using the access can completely clear the highway when the gate is closed.

5. The Permittee/Contractor shall remove obstructions, clear and grub the proposed access location to the toe of fill or the top of cut. Cleared topsoil shall be stockpiled for final stabilization.

6. Prior to the placement of any fill, the surface to receive the fill shall be scarified a depth of 6 inches and compacted with moisture and density control. Any cut that shall subsequently receive Aggregate Base Course shall also be scarified and compacted in the same manner.

Subsequent Fill shall also be constructed with moisture density control. The compaction shall conform to AASHTO T99 or AASHTO T180 as shown in the following table:

Soil Classification

(AASHTO M 145)

AASHTO T99

Percent Min.

Relative Compaction

AASHTO T180

Percent Min.

Relative Compaction A-1 through A-2-5 100 95 All others 95 90

7. Fill placed on slopes steeper than 4:1 shall be continuously benched into the existing slope.

8. Fill shall be placed in layers not to exceed 8 inches of loose material prior to compaction.

9. Fill material shall not have rock larger than 6 inches in diameter.

10. If a side drain culvert is required under the access fill, the fill shall first be constructed full width to a height of 1/3 the diameter of the culvert. The fill shall then be trenched for

Terms & Conditions Page 10 of 21 installation of the culvert. The trench width shall be the culvert diameter 18 inches on both sides. If the bottom of the trench is in rock, loose bedding material shall be 12 inches of Structure Backfill (Class I).

11. The culvert shall be installed with steel end sections and will connect the flowline of the roadside ditch crossing the access.

12. The culvert shall be backfilled with the same material and the same moisture density control as the rest of the fill. Backfill shall be brought up equally on both sides using 6-inch lifts of loose material prior to compaction.

13. Aggregate Base Course (ABC) shall be placed in layers not to exceed 6 inches once compacted. Compaction shall be 95% of AASHTO T180.

14. The final ABC shall have a smooth surface free of irregularities and any substance other than

ABC.

15. The existing State Highway shoulder at the access location shall be saw cut a minimum of one

(1) foot from the existing pavement edge to assure a straight edge for placement of adjacent pavement. If using asphalt pavement, the exposed vertical edge of the existing asphalt shall be coated with Emulsified Asphalt (Slow Setting).

16. For Hot Mix Asphalt (HMA) Pavement the following applies:

a. The ABC shall not be frozen, and the air and ABC surface temperatures shall be 50 degrees Fahrenheit and rising.

b. The HMA shall be placed in layers not to exceed 2 inches compacted thickness.

c. Longitudinal joints between layers shall be offset by 6 inches and shall not be in the wheel path.

d. Any segregated areas shall be removed and replaced.

e. The Permittee/Contractor shall use rolling equipment to compact the HMA immediately after placement.

f. Compaction shall be 92 to 96 percent maximum theoretical density determined according to Colorado Procedure 51.

g. The finished surface shall be smooth and conform to the lines and grades shown in M-203-

1 and Exhibit “B,” (Access Layout Design Plans, Reserved).

17. For Concrete Pavement the following applies:

a. The ABC shall not be frozen, and Concrete shall not be placed if the temperature is expected to fall below 45 degrees Fahrenheit or if the temperature of the delivered concrete is above 90 degrees.

b. The concrete shall conform to the approved mix design and additional water added at the delivery site shall not exceed the maximum water cement ratio.

c. The concrete shall be free of any foreign material.

d. Concrete shall be placed on the ABC to require as little rehandling as possible and vibrated

Terms & Conditions Page 11 of 21 to insure consolidation.

e. Concrete shall be struck off, screed, floated and finished in a manner that will leave a uniform surface of gritty texture. Additional water applied to the surface for finishing is not allowed.

f. The finished surface shall be smooth and conform to the lines and grades shown in M-203- 1 and Exhibit “B” (Access Layout Design Plans, Reserved).

g. Immediately after finishing the entire concrete surface shall be cured by being kept moist with water and protected from the sun or sprayed uniformly with a membrane forming curing compound that is VOC compliant and meets AASHTO M148, Type 2.

h. The curing period shall be a minimum of 120 hours (5 days). If the forms are removed prior to the end of the curing period, the exposed concrete sides shall be cured for the remainder of the curing period in the same manner as the rest of the concrete.

i. Joints shall be constructed during the curing period to control cracking.

j. The concrete shall not be subjected to traffic until it has reached a compressive strength of

3,000 psi.

18. Shouldering material shall be placed to eliminate any vertical edges upon completion of the paving.

19. If a mailbox is to be installed, it shall be crashworthy and conform to M-210-1. The mailbox shall be located as far from the edge of travel way as possible and allow for mail delivery vehicles to stop completely outside of the traveled way.

I. FINAL STABILIZATION REQUIREMENTS:

1. All areas disturbed during the construction of the access shall be immediately stabilized upon completion of the access.

2. Break points at the top of cut slopes and in the bottom of ditches shall be rounded on construction for a pleasing appearance.

3. A minimum of 4 inches of topsoil shall be placed on all slopes which are to be seeded and mulched.

4. Soil preparation, seeding, and mulching shall be required within the ROW limits on all disturbed areas not surfaced. The following types and rates shall be used unless a separate Landscaping Permit states otherwise:

Seed Requirements:

COMMON NAME BOTANICAL NAME LBS.

PLS\ACRE

Western Wheatgrass (V. Arriba) Pascopyrum Smithii 16 Slender Wheatgrass (V. San Luis) Elymus Trachycaulus 6 Indian Ricegrass (V. Paloma) Oryzopsis Hymenoides 6 Hard Fescue (V. Durar) Festuca Ovina Duriuscula 6

Terms & Conditions Page 12 of 21

Alsike Clover Trifolium Hybridium 4 Sand Dropseed Sporobolus Cryptandrus 0.50 Total lbs/acre 38.50

Seed shall be mechanically drilled to a depth of 0.25 or 0.5 inches into the soil on slopes flatter than 3:1. Seed shall be broadcast on slopes 3:1 or steeper and raked into soil.

5. Fertilizer Requirements:

Nutrient Type % AVAILABLE LBS\ACRE Nitrogen: 18 45 Phosphorus: 46 115 Fertilizer shall be incorporated to a depth of 2" to 4" into the topsoil.

6. Mulching Requirements and Application: 2 tons/acre straw mechanically crimped into soil on slopes flatter than 3:1. Place a soil retention blanket consisting of woven wood or straw coconut material on slopes 3:1 or steeper.

J. FINAL PROJECT ACCEPTANCE:

1. Final Project Acceptance will be by the Regional Transportation Director (RTD) or their authorized designee.

2. Reconstruction or improvements to the access will be required when the Permittee fails to meet the required design and/or materials specifications. If any construction element fails within two years of CDOT’s final acceptance due to improper construction or materials, the Permittee is responsible for all such repairs.

PHASE II

(Left ingress deceleration lane)

REQUIREMENTS PRIOR TO SUBMISSION OF DESIGN PLANS:

B. Prior to any construction Plan or Specification development, contact David Peyton at 970- 385-8948 or at david.peyton@state.co.us to set up a pre-design meeting.

C. REQUIREMENTS PRIOR TO NOTICE-TO-PROCEED (NTP) FOR CONSTRUCTION:

1. It is the responsibility of the Permittee/Applicant to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency. Please refer to “CDOT Environmental Clearance Information Summary” for details. FAILURE TO COMPLY WITH REGULATORY

REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF THE

CDOT ACCESS PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES.

mailto:david.peyton@state.co.us

Terms & Conditions Page 13 of 21

Prior to the request for Notice-to-Proceed (NTP), you must first contact CDOT’s Environmental Specialist at 970-385-1425, and provide the necessary environmental clearances as identified in the Permit Terms & Conditions and Permit Attachments. This office will not issue a Notice-to-Proceed (NTP) without written Environmental Clearance Certification.

2. A written request for a Notice to Proceed must be submitted to this issuing office along with the following items. Only after the Permittee complies with items a through l of this section will a Notice-to-Proceed (NTP) be issued to allow the commencement of construction.

a. The Permittee shall provide written approval from the Local Authority for the proposed land use that will be served by the access. Granting of an access permit in no way implies CDOT concurrence or non-concurrence with the Permittee’s proposed land use.

b. Once the Land Use has been approved by the Local Authority, the Permittee will furnish the Colorado Department of Transportation (CDOT) one (1) electronic set of design plans for review. These plans must be scaled to 11x17” paper.

c. The design plans shall show the existing highway ROW, property lines and easements, as determined by a Professional Land Surveyor, for the entire length of the access improvements along the highway.