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HomeMy WebLinkAbout1.02 CDOT State Highway Access PermitSH No/MP/Side: 70A/086.840/RIGHT COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Garfield STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 03/32/09 DOT Permit No.: 398053 Permit Fee: 100.00 Date of Transmittal: 05/15/98 THE PERMITTEE; APPLICANT: Lacy Park LLC Dave & Anna Johnson 2720 Railroad Ave 2720 Railroad Ave Rifle, CO 81650 Rifle, CO 81650 (970) 625-2251 Dave & Anna Johnson - (970) is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. Th(s permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. 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: On the south side of S.H. 70-A, a distance of 4410 feet east from M.P. 86. ACCESS TO PROVIDE SERVICE TO: PERCENT General Light Industrial (1 Each) 100.00 % OTHER TERMS AND CONDITIONS: SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS tFfUN0w,, 19* MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) 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 notify VicAWdIiCLlyd with the Colorado Department of Transportation i�at P .cd h 5/I�L23'o-9483 at least 48 hours prior to commencing construction within the Stt afe Highway right-of-way. The person signing as the permitt-- must be the owner or legal representative of the property served by the permitted access and have full thorn;: accept the permit and all it's terms and conditions. r� Permittee (X) _.....e. � ..�� .;..i : Date 2.6 -X dir This permit is not valid until signed by a duly authorized representative of the Department. DEPARTM TR ' ' - a RTATION , STATE OF COLORADO By (X) ,C':,a- l" Date ' t (� `- Title°` (Date of issue) Access Coordinator COPY DISTRIBUTION: }Required; 1. District (Original) 2. Applicant Make copies as necessary for; Local Authority Inspector MTCE Patrol Traffic Engineer Previous Editions are Obsolete and will not be used CDOT Form #101 7/91 The following paragraph are pertinent highlights of the State Highway Access Code. These are provided for your convenienc'r 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. I Appeals 1 • Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions 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 on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to 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 is responsible for all repairs. 5. 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. 6. A copy of the permit shall be available for review at the construction site. If necessary; minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work 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. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and ftaggers. This is also required by section 42-4-501,C.R.S. as amended. 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. III Changes in use and violations 1. If there are changes in the use of the access, the access permit -issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit 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. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts under the access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway, operation; or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. \,4 DATE: May 15, 1998 ACCESS PERMIT NUMBER 398053 - SHEET 2 ISSUED TO: Lacy Park LLC TERMS AND CONDITIONS 1. If there are any questions regarding this permit, please contact James Nall at (970) 248-7213. NOTE: If you are unable to contact the person listed on the front of the permit please use the following: For the Craig area call Christy Beckerman, 970-824-2030 For the Grand Junction area call the Maintenance office 970-248-7360 2. The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 3. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. 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 operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 4. This permitted access is only for the use and purpose stated in the Application and Permit. 5. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in C.R.S. 43-3-102 including but not limited to restricting left hand turns by construction of physical medial seperations. 6. Water, sanitary, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. 7. The Permittee shall install a new 18 inch x 40 foot corrugated metal pipe. 8. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 9. Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 10. No highway lane closures or one-way traffic will be allowed. 11. No work will be allowed at night, saturdays, sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 12. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permittee. 13. In the event the landscaping becomes unsightly or considered to be a traffic hazard, The Department may require that it be removed promptly by the Permittee and at no cost to the Department. DATE: May 15, 1998 ACCESS PERMIT NUMBER 398053 - SHEET 3 ISSUED TO: Lacy Park LLC TERMS AND CONDITIONS (CONT'D) 14. Landscaping shall not obstruct sight distance at any State Highway access point. 15. A FULLY EXECUTED COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB SITE WITH THE CONTRACTOR AT ALL TIMES DURING THE CONSTRUCTION. FAILURE TO COMPLY WITH THIS OR ANY OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE SUSPENSION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR THE ISSUING AUTHORITY. 16. Survey markers or monuments must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 17. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 18. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 19. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their origional conditions, to insure proper strength, drainage and erosion control. 20. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 21. Open cuts which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way will not be left open at night, on weekends, or on holidays. 22. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D.. 23. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in accordance with the Department standard specifications. 24. 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. DATE: May 15, 1998 ACCESS PERMIT NUMBER 398053 - SHEET 4 ISSUED TO: Lacy Park LLC TERMS AND CONDITIONS (CONT'D) 25. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 26. The access shall be constructed 35 feet wide, with 20 foot radii. 27. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 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. Pursuant to section 4.10.2 of the State Highway Access Code, the access roadway shall not exceed a maximum grade of 10 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 30. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4.9 of the State Highway Access Code, 2 CCR 601-1 31. All required access improvements shall be installed prior to the herein authorized use of this access. 32. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 33. Compaction of subgrade, embankments and backfill shall be in accordance to section 203.07 of the Department's standard specifications. 34. The surfacing shall meet the Department's specifications with the following material placed for final grade: 12 inches ABC, Class 1; 6 inches ABC, Class 6 placed in the following lifts: 2 - 6 inch lifts Class 1; 1 - 6 inch lift Class 6. 35. Slopes shall be at a 6 to 1 ratio on the roadway and a 6 to 1 ratio on the approach. 36. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee may be required to detain all drainage in excess of historical flows on site. 37. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 38. All culverts installed in open ditches shall have flared end sections.