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HomeMy WebLinkAboutDrive Way PermitCOLORADO Department of Transportation Region3 R3 Traffic Section, Access Unit z22S6rh St, Rm l(X) Grand Junction, CO 81501 PH (970) 683-6284 FAX (970) 683-6290 <<< E-mai[ed>>> December 27,2019 Burry Ranch LLLP 9175 Hvry 82 Carbondate, Colorado 81623 Re: State HighwayAccess Permit No. 319193, located in Garfietd County on Highway 0824 near Mile Marker Reference Pt. 9.082 Right Dear Permittee, l'he Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. CDOT has issued a Notice to Proceed for this permit since the permit does not require any additional construction of the access. Ptease keep a copy of the access permit and the notice to proceed for your files. lf you have any questions or need more information, ptease contact me at the office listed above. Respectfu[[y, ße &Røo'^ Dan Roussin, Region 3 Permit Manager Cc: Devin Drayton, Project Manager Fite ??? 5 6Th 5t, Rm 'lSû, ûrancJ Junctian, Col$rado 815ü't p {9?t}} ð83-6?84 F {9TU} 683"Õ}çü - https:/lcodût.ÈÐv/aûcÈssperrïiti; COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED 3r9193 0824 19.082 /Risht Carùondale Permittee(s): BurryRanchLLLP 9175 Hwy 82 Carbondale, Colorado 8 1 623 (970)9634s34 Applicant: RobertBurry 9175 Hwy82 Cartondale, Colorado 81623 (e70) 9634s34 The permittee is hereby author¡zed to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits exp¡re one year from date of issue if not under construction, or completed. Access Permits may be extended in ace¡rdance with Section 2.3(11)(d), of the Access Code. Adequate advance wâm¡ng is required at all times during access construction, in conformance with the,Manual on Uniform Traffic Control Devices for Streels and Highways. Alt construction shall be completed in an exped¡tious and safe manner and shatl be finished within 45 days from initiation. ,The permittee or applicant shall notifo the Department prior to commencing construction as indlcated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the c¿nstruction site. This Notice to Proseed is conditional. The following items shall be addressed prior to or during construction as appropriate. No Construction Required This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of L Title t ,""- frr*,,i ø/^*v¿t Region (original) Applicant Staff Access Section Local Authority MTCE Patrol lnspector Traffic Engineer necesary State Highway No / Mp / Sidô 0g2Al9-082 I Right Local Jurisdiction Carbondale is hereby granted permisslon to have an access to the sbte highway at lhe localion noted belcn r- lhe access shâll be constructed, maintained ad used in accordance with this pêrmit, including the State Highway Access Code ancl any attachments, terms, côndit¡ons and êxhiblts, Thls permit m€y be rcvoked The Permittee(s):The Applican(s): Department and their duly r€ason ofthe exercise of the at time the andâcÕess use¡t¡violatß of thiË The hebylssuingAuthorityanypgmittedanypartspsmitauthority,issuing and beshall hamless Íotaction or susta¡nêdagentsemployeesanyagainstlnjurypersonalpropertydamage þy Burry Ranch LLLP 91 75 Hwy 82 Garbondale, Colorado 81 623 (970)96H534 Roberl Burry 9175 l-tut y 82 Carbondale, Cofo¡ado 81623 (970)96H534 right tum ingress from the highway 200 feet west of.the aæess and a right turn ðgress onto the highway 400 feet east of the access. Lefr tums in from the highway are not allowed. Located on the south side of Hwy 082 A line and connects to aeast of MP 9. Access crossês 17 Access (Size)(IJnir¡) I 3 Tdel DHV DHV DHV 210 - SlngleFamlly Detached Houelng 1000 - Oúher GPW Flshlng Trallhead Service to: (Land use Code) Three quarter turning movement (with left out) Parcel#s 239318/0,0104 (2sFR), 239319100106 (2SFR), 239320200243 (lSFR), 23932020024/' (lSFR), 239320200110 (1SFR), 23932024A242 (1SFR) ation: authority.uired thewhen local retainsReqonlyauthority fII UNICIPALITY OR COUNTY herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from lnitiation. The permitted access shall be completed in accordance with the terms and cond¡t¡ons of the permit prior to being used. The permittee shall notify Les Stanton 2Kl with ths Colorado Departmant of Transportat¡on, at (970) 38¡l-3357 at pr¡orto commencing constructlon within the State Highway right of+uay. must be the orner or legal repres€ntative of the prcpefi servod by the psmÌfrêd access and have fr.¡ll authority þ agiees to têrms least 48 hours acc€pt The as the conditions. dulynotisvalidntil authorized theofsignêdbyrepresentâtive Department.perm DEPARTMENT TRANSPORTATION I 1 as nacessary fon ifs bg u86d l.Roglon 2,Applicant 3.StaffAccess Section 4,C€ntral Fil€s Locel lnsp€ctor Traffc Ergineer Gopy Dfstrlbutldr: MTCE Patrol {,F¡gê I of3 0t 907 State Highway Access Permit Form l0l, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate complianoe 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 Easl 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 perm¡ttee 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. ln submitting the request for administrative hearing, lhe 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 admin istrative processes, the internal ad m in istrative review còmmittee, 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 r,eview Committee regarding revísions 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. lf 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. Efension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.41 , 2. The construction of the access and its appurtenances àS required by the terms and conditions of the permit shall be completed at the expense of the permittee except aé 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. lnspectors 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 sufflcient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. lf 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. lf the permittee wishes to use the aecess 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. lf 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 permiftee 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. ln 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 turhed 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 fleld 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. lt 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. lf 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 aêcess 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 ih 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 responsiblê for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERtvtS and CONDITIONS December 26,2019 PER\ lT No. 319193 Permittee(s): Burry Ranch LLLP Location: Garfield County on CO Highway 0824, near Mile Ref. Pt. 9.082 Right 1. This permitted access is onty for the use and purpose stated in the Apptication and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), atso referred to as the Access Code (Code), and is based in part upon the information submitted by the Permittee. 2. Any subsequent relocation, reconstruction, or modifications to the access (or changes in the traffic volume or traffic nature using the access) sha[[ be requested from CDOT by the means of a new application. Any changes to the access that causes non-comptiance with the Access Code may render this permit void, and shall require a new apptication for a new permit. 3. This permit replaces any and att additional access permits that may be in existence for'this access. 4. This permit is for an as-constructed access with a change in use to I singte-famity residences, and CPW traithead use. Access is for parcel #s 239318400104 (2 SFR), 239319100106 (2SFR), 239320200243 (1SFR), 239320200244 (15FR), 239320200110 (1SFR) e 239320200242 (1SFR). 5. The total traffic volume shatl be 11 DHV (design hourty volume). 6. This access shalt have a three quarter (with teft out) turning movement at the foltowing location: Located on the south side of Hwy 082 A approximatety 420 feet east of MP 9. Access crosses ROW tine and connects to a right turn ingress from the highway 200 feet west of the access and a right turn egress onto the highway 400 feet east of the access. Left turns in from the highway are not allowed. 7. The Permittee is responsibte for obtaining any necessary additional Federat, State andlor City/County permits or clearances required for construction of the access. Approval of this açcess permit does not constitute verification of this action by the Permittee. Permittee is also responsibte for obtaining at[ necessary utitity permits in addition to this access permit. 8. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shatl 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 ctearance of snow or ice upon the access driveway, even if the deposited material is on the access in the course of the Department's snow-remova[ operations. Within unincorporated areas, the Department wit[ keep access cutverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-retated culverts within the right-of-way. Within incorporated areas, drainage responsibitities for municipalities are determined by statute and [oca[ ordinance. The Department witl maintain the roadway including auxiliary lanes and shoutders, except in those cases where the access construction has fail.ed due to improper access instatlation and/or failure to follow permit requirements and specifications in which case the permittee sha[[ be responsibte for such repair. Any significant repair such as cutvert reptacement, resurfacing, or changes in design or specifications, requires authorization from the Department.