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State Highway Access Permit <br />Form 101, Page 2 <br />The following paragraphs are excerpts of the State Highway <br />Access Code. These are provided for your convenience but <br />do not alleviate compliance with all sections of the Access <br />Code. A copy of the State Highway Access Code is <br />available from your local issuing authority (local government) <br />or the Colorado Department of Transportation (Department). <br />When this permit was issued, the issuing authority made its <br />decision based in part on information submitted by the <br />applicant, on the access category which is assigned to the <br />highway, what alternative access to other public roads and <br />streets is available, and safety and design standards. <br />Changes in use or design not approved by the permit or the <br />issuing authority may cause the revocation or suspension of <br />the permit. <br />APPEALS <br />1. Should the permittee or applicant object to the denial of <br />a permit application by the Department or object to any of <br />the terms or conditions of a permit placed there by the <br />Department, the applicant and permittee (appellant) have a <br />right to appeal the decision to the [Transportation] <br />Commission [of Colorado]. To appeal a decision, submit a <br />request for administrative hearing to the Transportation <br />Commission of Colorado within 60 days of transmittal of <br />notice of denial or transmittal of the permit for signature. <br />Submit the request to the Transportation Commission of <br />Colorado, 4201 East Arkansas Avenue, Denver, Colorado <br />80222 -3400. The request shall include reasons for the <br />appeal and may include changes, revisions, or conditions <br />that would be acceptable to the permittee or applicant. <br />2. Any appeal by the applicant or permittee of action by a <br />local issuing authority shall be filed with the local authority <br />and be consistent with the appeal procedures of the local <br />authority. <br />3. In submitting the request for administrative hearing, the <br />appellant has the option of including within the appeal a <br />request for a review by the Department's internal <br />administrative review committee pursuant to [Code] <br />subsection 2.10. When such committee review is requested, <br />processing of the appeal for formal administrative hearing, <br />2.9(5) and (6), shall be suspended until the appellant notifies <br />the Commission to proceed with the administrative hearing, <br />or the appellant submits a request to the Commission or the <br />administrative law judge to withdraw the appeal. The two <br />administrative processes, the internal administrative review <br />committee, and the administrative hearing, may not run <br />concurrently. <br />4. Regardless of any communications, meetings, <br />administrative reviews or negotiations with the Department <br />or the internal administrative review Committee regarding <br />revisions or objections to the permit or a denial, if the <br />permittee or applicant wishes to appeal the Department's <br />decision to the Commission for a hearing, the appeal must <br />be brought to the Commission within 60 days of transmittal <br />of notice of denial or transmittal of the permit. <br />PERMIT EXPIRATION <br />1. A permit shall be considered expired if the access is not <br />under construction within one year of the permit issue date <br />or before the expiration of any authorized extension. When <br />the permittee is unable to commence construction within one <br />year after the permit issue date, the permittee may request a <br />one year extension from the issuing authority. No more than <br />two one -year extensions may be granted under any <br />circumstances. If the access is not under construction within <br />three years from date of issue the permit will be considered <br />expired. Any request for an extension must be in writing and <br />submitted to the issuing authority before the permit expires. <br />The request should state the reasons why the extension is <br />necessary, when construction is anticipated, and include a <br />copy of page 1 (face of permit) of the access permit. <br />Extension approvals shall be in writing. The local issuing <br />authority shall obtain the concurrence of the Department <br />prior to the approval of an extension, and shall notify the <br />Department of all denied extensions within ten days. Any <br />person wishing to reestablish an access permit that has <br />expired may begin again with the application procedures. An <br />approved Notice to Proceed, automatically renews the <br />access permit for the period of the Notice to Proceed. <br />CONSTRUCTION <br />1. Construction may not begin until a Notice to Proceed is <br />approved. (Code subsection 2.4] <br />2. The construction of the access and its appurtenances <br />as required by the terms and conditions of the permit shall <br />be completed at the expense of the permittee except as <br />provided in subsection 2.14. All materials used in the <br />construction of the access within the highway right -of -way or <br />on permanent easements, become public property. Any <br />materials removed from the highway right -of -way will be <br />disposed of only as directed by the Department. All fencing, <br />guard rail, traffic control devices and other equipment and <br />materials removed in the course of access construction shall <br />be given to the Department unless otherwise instructed by <br />the permit or the Department inspector. <br />3. The permittee shall notify the individual or the office <br />specified on the permit or Notice to Proceed at least two <br />working days prior to any construction within state highway <br />right -of -way. Construction of the access shall not proceed <br />until both the access permit and the Notice to Proceed are <br />issued. The access shall be completed in an expeditious and <br />safe manner and shall be finished within 45 days from <br />initiation of construction within the highway right -of -way. A <br />construction time extension not to exceed 30 working days <br />may be requested from the individual or office specified on <br />the permit. <br />4. The issuing authority and the Department may inspect <br />the access during construction and upon completion of the <br />access to ensure that all terms and conditions of the permit <br />are met. Inspectors are authorized to enforce the conditions <br />of the permit during construction and to halt any activities <br />within state right -of -way that do not comply with the <br />provisions of the permit, that conflict with concurrent <br />highway construction or maintenance work, that endanger <br />