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STATE HIGHWAY ACCESS PERMIT 307228 August 14, 2007 <br />Located on Highway 133B near RP 13.20 Right <br />Issued to Bowie Acquisition <br />TERMS AND CONDITIONS <br />1. This permitted access is only for the use and purpose stated in the Application and Permit. <br />This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and <br />is based in part upon the information submitted by the Permittee. Any subsequent relocation, <br />reconstruction, or modifications to the access or changes in the traffic volume or traffic nature <br />using the access shall be requested for by means of a new application. Any changes causing <br />non-compliance with the Access Code may render this permit void, requiring a new permit. <br />2. This permit is for the realignment of 4365 Lane. The existing 4365 Lane shall be removed as <br />part of this permit. <br />3. This is a temporary access permit that will expire 8-14-2010. The purpose of this temporary <br />hauling operation is to remove coal waste material from the south side of Hwy 133B and haul it <br />to the north side of Hwy 1338. Following this permit this road will serve as a general service <br />road. <br />4. Three to four small spruce trees will have to be removed to improve site distance to an <br />acceptable level at this proposed access location. The permittee shall demonstrate thru <br />conclusive evidence "photos, site visit, etc. that the said trees have been removed before this <br />access can be used. <br />5. It shall be the responsibility of the Permittee to maintain adequate site distance for this <br />driveway. Trimming of vegetation or trees to maintain adequate site distance is the sole <br />responsibility of the permittee. <br />6. Any damage to present highway facilities: road structure, traffic control devices, etc. shall be <br />repaired immediately at no cost to the Department and prior to continuing other work. <br />7. This access shall be constructed 25-30 feet wide with turning radii to accommodate the <br />minimum turning radius of the largest vehicle or 35 foot, whichever is greater. The turning <br />radius shall be measured from the white line on the Hwy to the edge of the driveway. <br />8. The access shall be constructed perpendicular to the travel lanes of the State Highway for a <br />minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on <br />the driveway. The driveway shall slope away from the highway at a -2% grade for the first 20 <br />feet of driveway. This design shall be in conformance with section 4 of the State Highway <br />Access Code, 2CCR 601-1. <br />9. Materials. Placing and Compaction of Driveway: Unless the applicant has approval from the <br />Access Manager which may state otherwise, the following will be required for driveway <br />construction. As a minimum the materials for this driveway shall include; Sub-base: class 3 <br />gravel placed In 6 inch lifts, Base: 6 inches of class 6 gravel in two 34nch lifts, Surface: 4 <br />inches of pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill <br />shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road <br />and Bridge Construction. <br />10. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately <br />upon completion of earthwork construction and prior to use. This access shall be hard <br />surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet <br />from the traveled way or to the CDOT Right-of-Way. Where the hard surface is to abut <br />existing pavement, the existing pavement shall be saw cut and removed a minimum of one <br />foot back from the existing edge for bituminous, or until an acceptable existing cross slope is