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JUL-22-1997 SB~B6 (719J546-5414 719 546 5414 P.03i04 Tits following paregnph ors pertlne Ighllglil~ of the Slue Hlghwsy Acesss Cods ass era provided for your eonyanlenca but de not tdlavlats eempllenee wit setlem el tM Aeeeu Cede. A copy el.lha Hlghwpy Aeessa Ceds la evell.ble Iron your local lesuing eulherlty (Il~evarnmant) or lhs Colorado Department of nsponntlon (Dapanment). When this permit wits Issued, lhs Issuing authority made Ile dsel•lon based In pert,on In/ormellon submitted by 1hs applleent, on the seeso category which b uslgnad to the hlghway, what ellemebvs ¢cos to other public reads and streets b araneb4, and ulsty and design dandards. Changes In use or deign not epprorad by IM permit or the INYIng •ulhotlty may esuw the rweutien or mepenslon e} the permit. _ 1 Appeals 1 ~ Should the permittea or applicant chose Io object to anY of the terms or cpnditions of the permit placed therein by the Uapartmant, an appeal must be filed with the Colorado Transportation Commission within 60 Oeys oT transmlt[el of Ina permit !or permittea eignatu re. Tha request for the hearing shell be filed in writing and submitted la the Colorado Transportation Commission, 4201 Eas[ Arkansas Avenue, Denver. Colo redo 80222 The request shell include reasons for the appeal end may Include recommendations by the Dermltiee or applicant that would be acceptable to him. 2. The Department may consider any objections antl requ9atetl revl6tons at the request of tits applicant or permittea. I/ agreement is reach etl. 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 ap Plicanl to submit a new application far rec Onsiderali0 n. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regartlless o} any communications, meetings, or nag otlaiions with the Department regarding revisions end objections to the permit, i} the permittea or applicant wishes Ie appeal the Depertment'6 docl6ion to the Commission, 1hB appeal must be brought to the Com mission wlthln 60 days of transmittal of the permit. i 4. Any appeal by the applicant or permittea of action by the local issuing authority when ii is the aPpro priele local authority (under subsectipn 2.4), shall be tiled with the local suthorlty and ba consistent with the appeal procad ores of the local authority. 5 11 the iinel action is not further appealed, the Department or local authority may record Ina tleci5lon with the County Clerk and Recorder. II Conetructlon etanderds 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 expl.etion. 2. Tha applicant ahallnotify lha office.spECilied on the permit et least 4B horJrs prior to construc[ion.ACOpy of the permit shall be available }or review at the construction site. Inspections will ~be made during constru etion. 3. The access construction within hlghway right-of-way must be completetl within 45 days. a. It is the rasponsi bility of Ih0 permitlOB to c0 mplete the construction of the access according IO the terms and COntllfions of the permit. II the permittea wishes to use the access prior to completion. arrange meals must be approved by the issuing authority antl Department and inclutletl on the permit. The Department or issuing authority may order a halt to any unauthorizetl use of the access. Reco natru CllOn or Improvements to the access may ba required when the permittea has }ailed to meet required specifications of design or mater) ale. 1} any constru ctlon element lall6 within two years tlue to improper constru coon or materi6l speclllcaiiOns. the permittea is responsible for all repairs. 5. In the event It beoomes necessary to remove any right-Of-way lance, the posts on either side of the access shall be securely braced with an approved end post before Iha lance is cut to prevent any slacking of the remaining fence. All posts end wire removed era Department property and shell be turned over to a representative of [ha Department. 6. AcopY Of the permit shall be avellabl0}pr review a[ihe constru Ctlon cite. Il necessary, minor changes and additions shan be ordered by the Department or local suthorlty field inspector to meet unanticipated 91ta COn diLIOnS. 7. The access elicit ba consttucted and maintained ins manner that shall not cause water to enter onto the roadway. antl shall not interte[aJwith-the tlrainage system in the right-of-way. 8. Where necessary to remove, relooate, or repair a traffic control device or public or private utilities for the construction o} a parmittetl access, the work shall be aeeom pllshed by [he perm ittee without cost to the Department or issuing authority. and at the direction o1 the Department or utility com pony. Any tlamaga l0 the State highway Or other public right-ot-way beyond Shat which is allowed in the permit shell he repaired Immediately. 9. Adequate advance warning is required et ail times during access construction. in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of siB nS, flash ere. barricatles and llegg ere. This is 6150 req ulred by section 62-4-501,0 R.S. as emended. The•iasuing authority, the De pe rtmanT and their duly appointed agents and employees shall be held.harmisas against any action for personal Injury or property tlamaga lust eined by reason of the exercise of the permit III Changes In uce •nd Vlolatlon• 1, 1}there are changes In the use of the access, the access permit-issuing authority must be notified of the change.A~hange in property use which make9 the BXl sting icgass design Or us0 in non-COn10lm en Ca with ihB Access COOL Or the farms antl conditions of the permit. may req ulrefhe reconstruction or relocation of the access. Exam Dlea of Chang as in access use era; an increase In vehleular volume Dy 20 percent, or an Increase by 20 percent Of a diractie nal cheracteristlc such as a left turn. The issuing suthortty will review the original permit; it may decide It is edequ ate or request that you apply for a new permit. 2. All farms end contlitions of the permit era binding upon all ea5lg its, successors-in-Interest and heirc 3. Whanapermittetl driveway is constructed or used In violation o/the Access Code. the local govern meat or Department may obtain a court order to halt IhB violation. Such 9oeess pormits may be revoked by the issuing suthorlty. IV Further lnformntion t. When the permit holder wishes to make Improvements to an existing legal access, he shall make hie request by filing a COT plated permit application form with the ia5uin9 authority. The issuing authority may take action only On the request for Im Drovomenl. Denial does not revoke the existing access. 2. The permitted. his heirs, successors-in-interest, and assig ns,o(tne property serviced by [he access shall be responsible for meeting the terms end condltlo its of the permit antl the removal or clearance of snow or Ice upon Lhe access even (hough deposltetl en the access in the course of Department snow removal operations. The Department shell maintain in unincorporated areas the high Way dratnege sYStem, inclu Oing those culverts underthe access which ale part of that system wlthln the right-of-way. 3. The issue date of fhe permit Is the date the De partmont representative cigns the permit which is alter the permittea has returned rho permit signed and paid any required teas. - 4. The Department may, when necessary for the improved safety antl operation of the roadway, rebuild, modify, remove. ar redesign the highway including any 9uxlllary lane. ~, 5. Any driveway. whether constru c[ed Defore, on, or after June 30. 1979, may be req uirad by the Department, with written Co nCUrrence of the eppropri ate Igcal authority. to be YBCO nST ru Ctad or rBlOeated to conform to the Access COd B. Either et the property owner's expense i1 the reeonatructidn or relocation Is necessitated by a chango in the use o1 the property which reeul[s in a Change in the type of driveway,opsration; or a[ the ex pease o1 the Depart meat i} the regonstruction or falOLation is necessitated by changes in road or traffic CO ndilions. The rte Lessity for Lhe relocation or recenstru Clion shall be determined by reference to the ste ndarda set forth in the Access Coae.