2 Colo. Code Regs. § 601-18-3.0

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 601-18-3.0 - ACCOMMODATION STANDARDS

3.1General

3.1.1 Use of Highways for Non-Highway Purposes - Utilities may only be accommodated within SH ROW when such accommodations do not adversely affect highway or traffic safety, or otherwise impair the highway or its aesthetic quality, and do not conflict with the provisions of Federal, State, or local laws or regulations.

3.1.2 Utilities Which Serve a Highway Purpose

3.1.2.1 The applicability of the Code's location standards will be addressed in the service agreement.

3.1.2.2 The Department reserves the right to amend or waive Code requirements.

3.1.3 Joint Use Utility Facilities

3.1.3.1 Utilities shall implement joint use design alternatives where the Department determines it is necessary or prudent for the safe and efficient use of the SH ROW, especially in developing areas subject to a proliferation of individual utility installations. When so directed by the Department, the permittee is responsible for proper coordination with other affected utilities. Joint use facilities shall comply with all applicable industry guidelines and standards.

3.1.4 Utility Permit Standard and Special Provisions - Effect

3.1.4.1 Utility owner shall comply with all permit terms and conditions, including but not limited to, permit standard provisions, and any designated as special provisions.

3.1.5 Liability Insurance and Indemnification

3.1.5.1 The utility owner shall ensure that all permitted operations, whether performed by the utility owner or by subcontractors, are adequately and continuously covered by liability insurance. The types and minimum amounts of insurance acceptable to the Department will be specified in the permit application, and in the permit terms and conditions. It shall be the utility owner's responsibility to ensure full compliance with this requirement and failure to do so shall constitute a violation of the permit conditions and expose the utility owner to damage claims resulting from the subcontractor's operations within the SH ROW.

3.1.5.2 Policies shall name the Department, and the state of Colorado as an additional insured party, and provide for advance notification to both in the event of cancellation of coverage. This requirement is not applicable to other government entities.

3.1.5.3 Before commencing any work on any SH ROW, the utility owner shall furnish or cause to be furnished certificates of insurance in a form satisfactory to the Department certifying that the policies are in full force and effect. Insurance documentation shall be available on site at all times during the work.

3.1.5.4 Utilities that frequently operate within highway ROW may, with the Department's concurrence, annually or semi-annually file appropriate insurance documentation which demonstrates adequate and continual coverage of all permit operations.

3.1.5.5 To the extent authorized by the law, the utility shall hold harmless the Department, its employees and agents, against any action for personal injury or property damage caused by or growing out of any act or omission regarding the use or occupancy of SH ROW by the utility owner or by the utility's facilities.

3.1.6 Right of Way Considerations

3.1.6.1 In the location and design of its facilities, utility owners shall consider the need to conserve space for the future accommodation of other utility facilities, anticipate future expansion requirements and, when feasible, install additional carrying capacity to meet such needs. Utility owners shall enter into joint use arrangements with other utilities whenever feasible, and shall design facilities so as to minimize interference with the operation or maintenance of other pre-existing utility facilities.

3.1.6.2 The Department may deny a proposed utility use or occupancy of the SH ROW, based on highway user needs, safety or other criteria as set forth in 23 C.F.R. 645 b.

3.1.6.3 When the highway is adjacent to agricultural lands, the Department may deny a proposed utility use or occupancy of the SH ROW, but only when such denial is consistent with the provisions of 23 C.F.R. 645.211(c).

3.1.7 Environmental Compliance

3.1.7.1 The utility owner shall comply with the "Colorado Air Quality Control Act," Title 25, Article 7, C.R.S., and regulations promulgated thereunder.

3.1.7.2 Utility operations shall comply with the maximum permissible noise levels and related requirements, prescribed in § 25-12-103, C.R.S.

3.1.7.3 The utility owner shall minimize the generation of hazardous wastes as defined in § 25-15-101(9), C.R.S. resulting from permitted operations, shall promptly remove any such wastes from SH ROW, and shall arrange for the proper treatment, storage, reuse, and/or disposal of such wastes in accordance with the provisions of Title 25, Article 15, C.R.S., and regulations promulgated thereunder.

3.1.7.4 As directed, the utility shall perform an appropriate environmental site assessment to determine whether a proposed buried installation would facilitate the underground migration of hazardous wastes from a known site and, if so, shall employ construction methods, as directed or accepted by the Department, to prevent such migration.

3.1.7.5 The utility shall comply with the "Colorado Water Quality Control Act," Title 25, Article 8, C.R.S.; the "Protection of Fishing Streams," Title 33, Article 5, C.R.S.; the "Clean Water Act," with promulgated regulations and certifications issued. Temporary erosion and sediment control shall be provided in accordance with Sections 3.4.7 and 3.4.8.

3.1.7.6 The utility shall comply with all requirements of an applicable permit and all special conditions thereto, issued by the US Army Corps of Engineers, when placing dredged or fill materials in waters of the US for utility line crossings, intake or outfall structures.

3.1.7.7 When directed by the Department, the utility shall perform advance natural resources investigations in the vicinity of all proposed buried or above-ground installation, as necessary, to comply with the Endangered Species Act the Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection Act. Additionally, the utility shall coordinate with the Department and the Colorado Division of Parks and Wildlife a minimum of 90 days in advance of construction within or adjacent to active stream channels in order to ensure compliance with § 33-5-101, C.R.S. The Permittee and the Department will share information whenever possible to assist in the compliance with this rule.

3.1.7.8 The utility shall avoid construction or other activity in wetlands unless there is no practicable alternative to such construction or activity and provided that all practicable measures are taken to minimize harm to wetlands which may result from such use. The utility shall perform any permitted work in wetlands in accordance with the Code, Federal, State or local rules and regulations, and as directed by the Department.

3.1.7.9 When directed by the Department, the utility shall perform advance cultural resources investigations, as necessary for the Department to comply with the "Colorado Historical, Prehistorical, and Archaeological Resources Act," § 24-80-401, C.R.S., and the "Colorado Register of Historical Places Act," § 24-80.1-101, C.R.S., which are incorporated by reference herein.

3.1.7.10 Any cultural resources investigation required by Section 3.1.7.9 above shall be performed by a historian qualified through the Secretary of the Interior or an archaeologist possessing a valid permit from the Colorado Office of Archaeology and Historic Preservation, as required. Such investigations, and proposed mitigation if any, shall be subject to review and concurrence by the Colorado State Historic Preservation Officer. Any permit issued shall include all mitigation measures prescribed as a result of such investigations.

3.1.7.11 When directed by the Department, the utility shall perform advance paleontological resources investigations in the vicinity of a proposed buried installation, as necessary for the Department to comply with the Colorado Historical, Prehistorical, and Archaeological Resources Act, Title 24, Article 80, C.R.S. Any paleontological resources investigation required shall be performed by a paleontologist permitted by the Colorado Office of Archaeology and Historic Preservation. Such investigations, and proposed mitigation if any, shall be subject to review and concurrence by the Department. Any permits shall include all mitigations prescribed as a result of such investigations.

3.1.7.12 For utilities that lie within any MS4 permit boundaries, the owner of such utility shall contact the state or local entities that have been issued an MS4 permit regarding stormwater-related compliance requirements under the entity's MS4 permit.

3.1.7.13 The utility shall comply with all applicable CDPHE water quality rules and regulations. The utility shall contact the CDPHE to obtain a CDPS permit, if required, for any type of discharge, including but not limited to the following: construction site stormwater runoff, stormwater from industrial sites, drainage from utility line casings, construction dewatering, hydrostatic testing water, equipment wash water or rinse operations water, effluent from industrial treatment plants, and effluent from municipal wastewater treatment facilities.

3.1.7.14 Prohibited non-storm water discharges that enter into the storm sewer system must be reported to the CDOT Water Quality Program Manager immediately upon discovery and repaired as soon as possible. Any spills which do not enter the storm sewer system shall be, at a minimum, referred to the Department.

3.1.7.15 The utility shall notify the Department of breaks or damage to any pipes owned by either the utility or by other entities, arising from the utility's permitted operations. The utility shall notify CDPHE if the break may lead to contaminated material or pollutants entering the Department's right of way and which may have the potential to reach State Waters. The utility shall be responsible for the prompt reconstruction and repair of damaged pipe, environmental cleanup, restoration and damages as required by the Department and CDPHE-WQCD, and any other regulatory agencies.

3.1.7.16 The utility shall perform concrete washout in accordance with approved Department guidelines, as explained in the Environmental Clearances Information Summary of the Permit.

3.1.7.17 Prohibited non-stormwater discharges include, but are not limited to, substances such as paint, automotive fluids, hydraulic fluids, solvents, oils or soaps.

3.1.7.18 The utility owner will comply with regulations established by the CDPHE, and/or policies established by the Department, pertaining to the handling and disposal of asbestos and asbestos-containing-materials, including applicable air quality permitting requirements, as explained in the Environmental Clearances Information Summary of the Permit.

3.1.7.19 If the utility owner is aware of the presence of mine tailings within the project site of a proposed facility installation, they shall so indicate on their permit application. If unexpected mine tailings are encountered during work, the utility shall immediately contact the Department. The utility owner shall comply with any special provisions pertaining to the handling, disposal, containment or monitoring of mine tailings as specified in their permit, or as directed by CDPHE or the Department.

3.1.7.20 It is the responsibility of utility owners to contact appropriate environmental regulatory agencies and obtain all environmental clearances and/or permits required for their activities. All required clearances or permits must be obtained prior to commencing work within the SH ROW. To the extent that the Department is made aware of any specific required environmental clearance or permit during the utility permit application review process, by either the permittee or the implementing environmental regulatory agency, the Department will include a special permit provision requiring that those specific clearances/permits be obtained prior to commencing work.

3.1.8 Aesthetic Considerations

3.1.8.1 Utility facility designs shall consider measures to preserve or enhance landscaping, vegetation, scenic and/or other aesthetic features of the highway and contiguous surroundings.

3.1.8.2 A utility installation shall not unreasonably detract from the scenic or aesthetic qualities inherent to the highway, and shall not block scenic views in any manner.

3.1.8.3 The utility shall utilize architectural considerations and colors that fit into the topography and blend with nature, as directed or approved by the Department.

3.1.8.4 New utility installations in scenic areas are subject to the criteria of Section 3.2.3 of the Code.

3.1.9 Closure Requirements

3.1.9.1 The submission of the As-Constructed plan shall meet all of the requirements set forth in Section 3.3.4.6.2 absent express approval to be excluded from the requirement to submit plans in the specified electronic file format.

3.1.9.2 The submission of the As-Constructed plan shall be accompanied by an email notification from the Utility requesting that the Permit be closed.

3.1.9.3 The Department shall accept or not accept the work under the Permit upon inspection.

3.1.9.4 When accepted, the Department shall issue a final acceptance of the work by letter.

3.1.9.5 Permittee shall be responsible for continued maintenance responsibilities pursuant to Section 3.4.8.8 for the elements of the highway facility impacted under the Permit until such time that the Department issues its final acceptance of the work pursuant to Section 3.1.9.

3.1.9.6 Final acceptance of the work shall begin the two-year warranty period and maintenance responsibilities pursuant to Section 3.4.8.8.

3.1.9.7 Failure to provide the Department with an "As-Constructed" plan when required as well as the Closure request will result in a delay of the final acceptance of the work.

3.1.9.8 Failure to provide the Department with an "As-Constructed" plan and the Closure request will:

3.1.9.8.1 Result in the delay other permit requests, see Section 2.1.2.3.2; and

3.1.9.8.2 Constitute a failure to perform an obligation imposed by the Permit or Code pursuant to Section 2.2.6.2.4.

3.2Restricted Uses

3.2.1 New Above Ground Installations

3.2.1.1 New above ground utility installations on SH ROW shall be located as far as possible from the traveled way, preferably along the ROW line.

3.2.1.2 New above ground installations shall not be permitted within the clear zone, as determined in accordance with Section 3.3.3 , unless the Department determines that undergrounding is unfeasible or unreasonably costly, and that no feasible alternatives exist. If permitted, the utility shall employ appropriate countermeasures to reduce hazards, as determined in accordance with Section 3.3.3.4.

3.2.1.3 Ground-mounted radio or telecommunication facilities including relay and repeater stations which must be housed in a building structure shall not be permitted on SH ROW unless the Department determines that feasible alternative locations are unavailable. The Department reserves the right to allow smaller, pole-mounted repeaters and telecommunications boosters within the highway right-of-way, subject to the same clear zone requirements applicable to other above-ground installations.

3.2.2 Accommodations on Expressway, Freeway and Interstate ROW

3.2.2.1 Utility accommodations within expressway, freeway and Interstate ROW shall be subject to additional requirements not generally applicable on other highways.

3.2.2.2 Utilities may be accommodated within frontage road areas of such ROW without complying with the requirements of this Section, if the frontage road areas can be accessed, for constructing and servicing the utility, from beyond the fully access controlled portion of that ROW. "Frontage road areas" will be delineated by a fence, access, or barrier line established between the frontage road and the expressway, freeway or Interstate mainline or ramps.

3.2.2.3 Except as provided in Section 3.2.2.6 below, utility accommodations within CDOT ROW shall comply with all applicable federal and state laws, local rules or regulations, and the requirements set forth in this Utility Code.

3.2.2.4 Utilities crossing freeway ROW, and all installations within or traversing interchange areas, shall conform with the requirements set forth by the FHWA, and with the following requirements:

3.2.2.4.1 Trenchless construction methods for buried line crossings shall be utilized for the full width between access lines, except that the Department may permit trenches within medians or beyond the outer roadway shoulders if it finds that other installation methods are impractical, and if adequate safeguards for workers and highway users are provided.

3.2.2.4.2 Pavement cuts shall not be permitted on freeways, expressways, or interstates, unless approved by the Department.

3.2.2.5 Except as provided in Section 3.2.2.6 below, new utilities shall not be permitted to be installed longitudinally within the access control lines of expressway, freeway, and Interstate ROW, unless special extenuating circumstances exist, as determined by the Department, and only under all of the following conditions:

3.2.2.5.1 The utility can be installed underground with minimal effort and disturbance, and will not require frequent maintenance.

3.2.2.5.2 The utility shall be installed along the outer edge of the ROW in a utility strip established by the Department.

3.2.2.5.3 Longitudinal utility installations shall not be permitted within the median.

3.2.2.6 Notwithstanding other provisions of this Section, and subject to the provisions of §§ 43-1-1201, C.R.S., et. seq., the "Public Private Initiatives Program," the Department's accommodation plan and the express approval of the Commission, and if it is on the interstate, also with the express approval of the FHWA, the Department may solicit and /or enter into agreement(s) with telecommunication provider(s) for the longitudinal installation of wireline and/or wireless telecommunication facilities within expressway, freeway or Interstate ROW.

3.2.2.7 Service connections to adjacent properties shall not be permitted from longitudinal utility installations located within the access control lines of an expressway, freeway, and interstate ROW. Service connections across the full width between access control lines may be permitted in areas where utility services are not available within reasonable distance along the side of the freeway where the service is needed.

3.2.2.8 Access for constructing and servicing utilities shall conform with permit conditions and the following Code requirements:

3.2.2.8.1 If access to or from the through roadways or connecting ramps is permitted, the permit must include provisions for vehicles to safely enter or leave the traveled way without impairing the flow of traffic. At interchange areas, such access shall be only from along lower-speed ramp sections.

3.2.2.8.2 Temporary lane closures may be permitted only when no other feasible alternative exists, and only as allowed by Region lane closure policy.

3.2.2.8.3 A locked gate along the freeway, expressway, and interstate fence may be permitted to meet periodic service access needs if the Department determines that other access alternatives are impractical and that the gate does not interfere with freeway, expressway, and interstate operations. If permitted, such gate shall be secure from unauthorized use and shall under no circumstance be utilized for direct access to or from the freeway, expressway, and interstate mainline or ramps. If a gate is to be located along the freeway, expressway, and interstate ROW line, the utility must also obtain and comply with the terms of a temporary access crossing license issued by the Department pursuant to § 43-2-147, C.R.S.

3.2.2.9 The utility shall not access any area within freeway, expressway, and interstate ROW without prior notification and written approval of the Department.

3.2.3 New Installations Within or Adjacent to Scenic and Historic Areas and Byways

3.2.3.1 A new utility installation on a highway, or on land acquired or improved with highway funds, which is located within or adjacent to areas of scenic enhancement or natural beauty, may be permitted. Such installation shall not require extensive removal or alteration of trees or other natural features visible to the highway user or impair the visual quality of lands being traversed. For a proposed new aerial installation, the Department must find that other locations are not available or are unusually difficult and costly, are less desirable from the standpoint of aesthetic quality, that undergrounding is not feasible or is unreasonably costly, and that the proposed installations will be made at a location and employ suitable designs and materials which give the greatest weight to the aesthetic qualities of the area to be covered.

3.2.3.2 Areas of scenic enhancement or natural beauty may include but are not limited to scenic strips, overlooks, rest areas, landscaped areas, public park and recreation lands, wildlife and waterfowl refuges, native roadside trees, and historic districts and sites.

3.2.4 Private Lines

3.2.4.1 Private line crossings of SH ROW may be permitted, subject to the same location and design requirements of the Code applicable to utility line crossings.

3.2.4.2 Longitudinal installations of private lines shall be subject to a determination by the Department and the FHWA that the proposed accommodation is in the public interest and will not impair the highway or interfere with the free and safe flow of traffic thereon.

3.2.4.3 For private crossings, shut-offs may be required adjacent to the ROW in case of emergency. Private line owners shall have markers on the shut-offs with an emergency contact number.

3.2.4.4 For maintenance work on line crossings or longitudinal installations of private lines, the private line owner shall obtain a permit from the Department.

3.3Location and Design Requirements

3.3.1 General Location Requirements

3.3.1.1 The utility shall locate all facilities in accordance with the horizontal and vertical clearance requirements set forth in the Code.

3.3.1.2 The utility shall locate longitudinal installations on a reasonably uniform alignment as near as practical to the SH ROW line. Except as otherwise provided in Sections 3.3.1.3 and 3.3.1.4 below, the utility shall not locate longitudinal installations within median areas, traveled ways, shoulders, or under curbs or sidewalks.

3.3.1.3 Except as provided in Section 3.3.1.4 below, the utility shall locate a buried longitudinal installation not less than 15 feet beyond the edge of pavement or back of curb to avoid potential conflict with highway signs, guardrail, or other appurtenances. If there is no feasible alternative to longitudinal placement outside of this 15 foot zone, the Department may, as a condition of approval, specify from among the following safeguards: increased cover depth to 60 inches in lieu of additional mechanical protection, require a concrete cap, Class B or better, with a minimum 4 inches thickness, the full width of the installation trench, require concrete encasement, Class B or better, minimum 2 inches on all sides, or require encasement in 0.25 inch wall thickness steel conduit, or other acceptable material.

3.3.1.4 The Department may allow longitudinal placement of buried utility lines beneath present and planned median areas, traveled ways, shoulders, or under curbs or sidewalks, when the State highway is also part of a local street system, subject to municipal regulations, and/or when the State highway is within an urban area as defined by the Code.

3.3.1.5 Where utility facilities are permitted to cross the highway, the utility shall install the facilities on a line perpendicular to the highway alignment.

3.3.1.6 The utility owner shall not install underground facilities in the following locations: in deep cuts, ditch flow lines, near footings of bridges and retaining walls, across intersections at grade or ramp terminals, at cross drains where flow of water, drift or stream bed may be obstructed, or within basins drained by a pump in wet or rocky terrain and difficult to attain minimum cover.

3.3.2 General Design Requirements

3.3.2.1 The utility owner shall be responsible for the design of all utility facilities to be installed within SH ROW, subject to the provisions of the Code.

3.3.2.2 The utility shall design its facilities to avoid unreasonable conflict with planned or programmed changes to existing highway facilities, as directed by the Department, so as to avoid such conflict.

3.3.2.3 The utility facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life and relatively free from routine servicing or maintenance.

3.3.2.4 The utility shall design all utility installations to, at a minimum, meet the following requirements as applicable: electric power or communication facilities shall conform with all applicable Federal, State, and local jurisdiction codes, pipelines shall conform with the applicable provisions of industry standards and Federal and State rules and regulations, liquid petroleum pipelines shall conform with the recommended practice of the American Petroleum Institute for pipelines crossing under highways and railroads, pipelines carrying natural or other gas shall conform to the rules and regulations of the US Department of Transportation, Title 49, C.F.R., Part 192 which is incorporated herein by reference, and any pipeline carrying hazardous liquids shall conform to the rules and regulations of the US Department of Transportation governing the transportation of such materials, Title 49, C.F.R., Part 195, which is incorporated herein by reference.

3.3.2.5 The utility owner shall design and construct all buried facilities, including pipelines, conduits and casings to withstand the full range of expected internal and external pressures and loads, including internal pressures ranging from maximum expected pressure to zero pressure, and external loads from the highway and superimposed vehicle loads. Pipelines shall also be designed and constructed to resist internal and external corrosion.

3.3.2.6 All new utility facilities shall be free of asbestos and asbestos containing materials.

3.3.2.7 The utility shall design and construct all utility facilities in conformance with the applicable provisions of all Federal and State laws. The utility also has the responsibility to determine whether any local jurisdiction codes apply.

3.3.3 Clear Zone Requirements

3.3.3.1 The utility shall maintain a clear zone in accordance with the AASHTO Roadside Design Guidelines unless otherwise permitted by the Department.

3.3.3.2 The utility shall not keep, store, stockpile or allow to remain, either in the traveled way or in the clear zone of SH ROW, any utility accommodation work equipment, material or excavation or any other nontraversable hazard or fixed object.

3.3.3.3 The clear zone shall be as follows:

3.3.3.3.1 In urban areas with barrier or vertical curbs and design speeds of 40 MPH or less, a clear zone of fifteen (15) feet shall be provided wherever feasible. Where fifteen (15) feet cannot be provided, the clear zone shall extend beyond any adjacent sidewalks. In variance situations, the clear zone shall be not less than 2 feet beyond the front face of the curb for frangible objects and not less than 4' beyond the front face of curb for rigid objects. Placement of utility related appurtenances shall likewise take into consideration the ADA lateral offset requirements for handicap accessibility which requires a minimum unobstructed sidewalk width of 48".

3.3.3.3.2 In all areas without curbs, or with mountable curbs, and with design speeds of 40 MPH or less, a minimum clear zone of fifteen (15) feet shall be provided, unless otherwise permitted by the Department.

3.3.3.3.3 In all areas with design speeds of 45 MPH or greater, the AASHTO "Roadside Design Guide" shall be used to determine clear zone width.

3.3.3.4 If the Department determines, in accordance with Section 3.2.1.2 , that a new above ground installation may be permitted within the clear zone, the utility shall provide countermeasures as directed by the Department in the permit. Countermeasures may include: installation in locations which minimize exposure to out-of-control vehicles, use of breakaway features, use of impact attenuation devices, and use of delineation and/or shielding. High crash and/or high risk spot locations of fixed utility appurtenances within the clear zone shall not be permitted, such as along ditch flow lines and turning radii of intersecting roads or along the outside edge of horizontal curves.

3.3.3.5 The location and design of traffic barriers and countermeasures shall comply with the AASHTO "Roadside Design Guide" as well as the Manual for Assessing Safety Hardware (MASH).

3.3.3.6 All excavations shall be closed at the end of daily operations, and no unattended open excavation will be allowed within the clear zone after dark, unless otherwise permitted by the Department.

3.3.4 Utility Plans

3.3.4.1 Along with a completed utility permit application and other associated documents, the utility shall submit detailed plans or detailed work sketch showing the location, character, dimensions and details of proposed construction. See 3.3.4.6 below.

3.3.4.2 Any permit shall be subject to utility owner's compliance with the plans accepted by the Department.

3.3.4.3 A Boring permit application shall include plan and profile information at the request of the Department, which may include vertical and horizontal offsets to all existing utilities, ROW line, and face of curb.

3.3.4.4 The Department may issue a conditional permit if certain details of the plans must be completed after permit work starts, but the utility shall not start any work related to such details until accepted by the Department.

3.3.4.5 After a permit is issued, all plan revisions shall conform with Section 2.3.2.3.3.4.6 Required Documentation.

3.3.4.6.1 Record Set. When the engineering design requires the oversight of a licensed professional engineer, a sealed Record Set is required to be submitted to CDOT prior to the start of construction. The Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730-1, govern the sealing requirements of engineering documents.

3.3.4.6.2 As-Constructed Plan. The Department shall require the utility to submit "As-Constructed" plans within forty-five (45) days of completion of the work, which shows actual final surface and subsurface utilities, including location, alignment, profile, and depth. Such plans shall be of an electronic format compatible with Department software. The plans shall be in electronic PDF file format, 300 dpi, page aligned, searchable, compressed, and compliant with ISO PDF/A-1b or 1a. Additionally, geodetic datum of each structure shall be provided and include the depth of underground utilities, as specified in the Special Provisions of each Permit. Exceptions to this electronic submission requirement must be agreed upon by the Department in writing.

3.3.4.6.3 Survey Utility Plan Set. CDOT may require Survey Plans (as that term is defined above) for utility work.

3.3.5 Aerial and Ground-Mounted Electric and Communications Facilities

3.3.5.1 The utility shall locate, where feasible, poles, guys, anchors, and related ground-mounted appurtenances near the ROW line and beyond embankment slopes. The utility shall not locate guy wires and stub poles between a pole and the traveled way where either guy wires or stub poles encroach upon the clear zone.

3.3.5.2 Aerial longitudinal installations in SH ROW shall be limited to single pole construction. The Department shall not permit duplication of pole line construction on the same side of the highway. The utility must arrange for the joint use of single pole construction for aerial longitudinal locations where two or more utilities must utilize aerial facilities on the same side of the highway.

3.3.5.3 The Department shall review and accept utility plans with respect to location, the manner in which the utility facility is to be installed, measures taken to preserve safe and free flow of traffic, structural integrity of the roadway, highway structure or appurtenance, aesthetic quality of the highway, ease of maintenance, future roadway expansion, and integrity of the utility facility.

3.3.5.4 The vertical clearance for overhead power and communication lines above the highway, structure or ROW surface, and the lateral and vertical clearance from bridges shall conform with the clearances as shown below in Table 1.

3.3.5.5 The utility shall install overhead wires, conductors, and cables above the ROW surface in compliance with industry standards and Federal and State requirements referenced herein. The utility must also determine whether any local jurisdiction codes may apply at the time of design or installation.

3.3.5.6 The minimum overhead clearance shall apply to conductors at maximum final sag conditions with specified thickness of ice at 32°F (no wind displacement), at 120°F (no wind displacement), or maximum conductor temperature for which the line was designed to operate, whichever produces the largest final sag. Additionally, the minimum overhead clearance must be maintained at the point where the conductor is nearest the roadway or ground surface, taking both sag of the line and variations in ground surface elevation into account. The minimum vertical clearances between the conductor and the structure, bridge, roadway or ground surface within the ROW shall be as listed in Table 1.

TABLE 1

Minimum Vertical Clearance Within Right-of-Way

Type of Conductor, Cable & Voltage	Over Roadway Template	Outside Roadway Template
Insulated communication conductors & cables; messengers; grounded or effectively insulated guys; effectively grounded neutral conductors; 230C1 supply cables.	24 ft.	20 ft.
Noninsulated communication conductors; supply cables 0-750 Volts (multiplex wire)	24 ft.	20.5 ft.
Open Supply Conductors 0 - 750 Volts	24 ft.	21 ft.
Open Supply Conductors >750 Volts to 22 kVolts	25 ft.	23 ft.
Voltages exceeding 22 kVolts to 50 kVolts	25 ft.*	23 ft.*
Voltages exceeding 50 kVolts	25.5 ft.**	23 ft.**

* plus 0.4 inch per 1,000 Volts in excess of 22 kVolts

** plus [0.4 inch per 1,000 Volts in excess of 22 kVolts] X [1.0 + (.03 per 1,000 feet above 3,300 feet above sea level)] or alternate method for voltages exceeding 98 kVolts

Voltages are phase to ground for effectively grounded circuits and those other circuits where all ground faults are cleared by promptly de-energizing the faulted section, both initially and following subsequent breaker operations

3.3.5.7 The utility may locate ground-mounted components of aerial facilities crossing the highway in highway median areas beyond the clear zone for both directions of travel with Department approval.

3.3.6 Underground Electric and Communications Facilities

3.3.6.1 The utility shall place buried facilities in conduit at a cover depth of a minimum of 48 inches or as otherwise directed by the Department.

3.3.6.2 Where the Department reasonably anticipates the utility will need to expand its future line capacity along the same alignment as the permitted facilities, the utility shall place spare conduit or duct, when directed in the permit, to accommodate such future needs and to avoid possible future disturbance to the highway or to traffic.

3.3.6.3 The utility shall locate pedestals, or other ground mounted appurtenances to a buried facility as near as practicable to the ROW line or any applicable clear zone requirements.

3.3.6.4 If the Department approves a variance for less than the minimum cover depth specified in Section 3.3.6.1 above, the utility shall provide sufficient protective measures to include encasement, capping, or sleeving of the facilities as provided in 3.3.11.

3.3.7 Water, Sanitary Sewer, Natural Gas, and Hydrocarbon Pipeline Facilities

3.3.7.1 The utility shall install pipeline facilities at not less than the following minimum depths of cover:

3.3.7.1.1 water and sanitary sewer pipelines-4 feet 6 inches or the local frost penetration depth, whichever is greater, or as directed by the Department in the permit; and

3.3.7.1.2 natural gas transmission lines, mains, and service lines, and liquid hydrocarbon pipelines-48 inches, or as directed by the Department in the permit.

3.3.7.2 The utility shall reroute, or protect the pipeline, as determined by the Department in accordance with Section 3.3.11, where less than the minimum cover described above is available for any reason, including conflict with other utilities, water table, or local codes.

3.3.7.3 Joints in all pipelines operating under pressure shall be of mechanical or welded, or other leak-proof type of construction. The utility shall not use mortar, grout, or other Portland cement materials as pipeline joint sealants.

3.3.7.4 The utility shall construct sanitary sewers of materials and install them in a manner that will minimize the potential for any leakage. Such sewer lines shall be located below and at a minimum of ten (10) feet horizontal separation between pipes from all water lines and storm sewer lines. Where sanitary sewers are located such that any leakage that might occur could reach surface waters, the utility shall establish a schedule for routine inspection of the sewer line. Any observed leaks from sanitary sewers within the SH ROW shall be reported to the CDOT Water Quality Manager and the Department immediately upon discovery and repaired as soon as possible.

3.3.7.5 Sanitary sewers larger than 24 inches, lift stations, and other certain wastewater treatment facilities are subject to the design criteria, design review and approval of the CDPHE-WQCD. Other Federal, State and local jurisdiction codes may also apply.

3.3.7.6 Potable water treatment facilities and certain related distribution system facilities are subject to the design criteria, design review and approval of the WQCD. Other Federal, State and local jurisdiction codes may also apply.

3.3.7.7 Thrust blocks or mechanical joint restraints shall be required on all vertical and horizontal bends in pressure pipes.

3.3.8 Irrigation and Drainage Pipes, Ditches, Canals, Gravity-Fed Systems, and Stormwater Drainage Facilities

3.3.8.1 Irrigation and drainage pipelines shall meet the applicable requirements of Section 3.3.7. The utility shall locate Gravity-Fed Systems, open ditches, and canals in conformance with the requirements of Sections 3.2.1 and 3.3.3 for above ground utility accommodations.

3.3.8.2 Irrigation facilities shall be constructed as directed by the Department.

3.3.8.3 Drainage pipelines carrying any type of wastewater effluent must be approved and receive a CDPS permit from the CDPHE-WQCD.

3.3.8.4 Stormwater Drainage Facilities: The Code's definition of "utility" includes "storm water not connected with highway drainage." Stormwater facilities constructed within the SH ROW which carry stormwater originating outside of the SH ROW and pass through the SH ROW without any connection to highway drainage are subject to the provisions of the Code, including all permitting requirements.

3.3.8.5 When a Department utility permit must be obtained to install or perform maintenance on storm drainage facilities, the design and construction of such facilities shall conform to Department standards and specifications. All plans must be accepted by the Department. Detailed design or construction requirements may be specified in the utility permit.

3.3.8.6 Stormwater originating outside of the SH ROW which flows into the SH ROW and mixes with highway drainage is not a utility under the Code.

3.3.8.7 Connections of other stormwater drainage systems to the Department highway drainage system shall be approved by the Department. A utility special use permit shall be required for the construction or maintenance of such facilities.

3.3.9 Highway Lighting Facilities

3.3.9.1 Highway lighting facilities shall be designed in accordance with current standards, as directed by the Department.

3.3.9.2 When operation and/or maintenance responsibilities for proposed SH ROW lighting will rest with a utility or local agency pursuant to law or agreement, the lighting facility shall be compatible with that entity's system and inventories.

3.3.10 Highway Structure Attachments

3.3.10.1 Utility facilities shall not be attached to highway structures, including but not limited to bridges, culverts, lighting supports, traffic signal poles, sign supports, or sign bridges without Department approval. Gas lines, sewer lines, or waterline connections, such as valves, shall not be allowed inside of box girders, tub girders, or within the concrete for concrete box culverts.

3.3.10.2 The utility shall design the proposed structure attachment individually for a specific highway structure. The Department's Staff Bridge permission shall be required for all attachments to all bridges and structures in the SH ROW. Any attachment or modification shall not diminish the structural capacity or integrity of the structure. Attachments shall not inhibit the ability to inspect the bridge or its components.

3.3.10.3 The utility shall locate the entire utility installation on a highway bridge or structure so as to not reduce the vertical or horizontal clearance otherwise available between the bridge or structure and any stream, pavement or rails. On water crossings by means of a bridge attachment, the utility line shall be no lower than the bottom of a stringer, and shall be located on the downstream side.

3.3.10.4 The utility shall insulate, ground, and carry communication and electric power line attachments in protective conduit or pipe from below the point of ground exit to below the point of ground re-entry. Carrier pipe and casing pipe shall be insulated from electric power lines.

3.3.10.5 Structure attachments shall conform with applicable protection requirements of Section 3.3.11.

3.3.11 Encasement and Related Protection of Utility Lines

3.3.11.1 The utility shall protect buried utility lines and structure attachments, as follows:

3.3.11.1.1 Buried facilities which are subject to damage from construction or maintenance operations, as determined by the Department, may require additional protective measures, such as: a concrete cap, Class B or better, minimum 4 inches thickness, the full width of the installation trench; concrete encasement, Class B or better, minimum 2 inches on all sides; sleeving in 0.25 inch wall thickness steel conduit, or other acceptable material; and/or a tunnel or gallery.

3.3.11.1.2 Where metal pipelines are installed in a corrosive environment and encasement is not employed, the utility shall demonstrate that the welded steel carrier pipe will provide sufficient strength to withstand the internal design pressure and the dead and live loads of the pavement structure and traffic. Additional protective measures shall include: heavier wall thickness, higher factor of safety in design, or both, adequate coating and wrapping in accordance with industry standards, cathodic protection, and the use of Barlow's formula regarding maximum allowable operating pressure and wall thickness as specified in 49 C.F.R. Part 192.105 . Corrosion protection shall be required for all steel carrier pipes. Cathodic protection shall be mandatory for natural gas and hazardous material pipelines in accordance with 49 C.F.R. Parts 192 and 195.

3.3.11.1.3 At locations subject to settlement or displacement, including but not limited to: areas of unstable ground, near highway structure footings, where the method of installation or use of flexible pipe may result in subsidence or reduced pavement support, a cradle or wall, casing pipe, concrete encasement, extra strength or heavy wall thickness pipe, or leak-proof construction shall be required.

3.3.11.1.4 Where water, high-pressure gas, or hazardous material pipelines are either in or suspended from a highway structure, a casing pipe may be required.

3.3.11.2 The utility shall utilize casing pipe when necessary to facilitate bored or jacked installations, to protect coated carrier pipes from damage during insertion, as a means of conveying leaking fluids or gases to points safely beyond the traveled way, when necessary to provide for the future adjustment, removal or replacement of the carrier line, or unless otherwise directed by the Department.

3.3.11.3 Where a casing is required and the use of a metal casing could defeat the cathodic protection circuit applied to a carrier pipe, the utility shall take the protective measures determined by the Department to be appropriate in the circumstances, including: use of non-metallic casings, or use of carrier/ casing insulation systems, or cathodically protecting casing and carrier pipes as a unit.

3.3.11.4 The utility shall use tunnels or galleries when determined by the Department to be appropriate, such as where several utility lines must share a crossing location, as a provision for future increase in line size or additional lines, or as a means of inspecting carrier lines in the crossing.

3.3.11.5 On highway crossing installations, the utility shall extend any required protection at a minimum: beyond slope and ditch lines on uncurbed sections, or beyond the outer curbs on curbed sections or the full width between access control lines on expressways, freeways and Interstates. For installations other than crossings, the utility shall extend the protection as specified by the Department.

3.3.12 Vents, Drains, Manholes, Valves and Appurtenances

3.3.12.1 The utility shall locate vents at the high end of casings that are less than one hundred and fifty (150) feet long. The utility shall locate vents at both ends of casings that are longer than one hundred and fifty (150) feet. The utility shall locate vent standpipes at a fence line or ROW line.

3.3.12.2 The utility shall provide drains for casings, tunnels, or galleries which enclose carriers of liquid, liquefied gas, or heavy gas. Drains for allowable non-stormwater discharges may outfall into roadside ditches or natural watercourses at locations approved by the Department, and as allowed by the CDPHE-WQCD. At outfalls for unallowable non-stormwater drains, the utility shall take all additional measures that are determined by the Department and the CDPHE-WQCD to be suitable to protect against possible soil and/or water contamination, such as construction of dikes or liner installation. Outfalls shall not be used as a wasteway for purging the carrier.

3.3.12.3 The utility shall not locate manholes in the present or planned traveled way or shoulder areas, except:

3.3.12.3.1 in municipal streets, provided that manholes shall not be located at street intersections nor in the wheel paths of traffic lanes; and

3.3.12.3.2 where manholes are essential parts of existing lines.

3.3.12.4 The utility shall install shutoff valves on pressurized or hazardous materials pipelines at the following locations:

3.3.12.4.1 near the ends of highway structures to which such lines are attached, unless the pipeline is equipped with nearby shutoff valves or operates under effective control by automatic devices; and

3.3.12.4.2 near unusual hazards, such as unstable ground, structure footings, or locations subject to disturbance by construction and/or maintenance operations, unless the affected line segment can be isolated by other sectionalizing devices within a reasonable distance.

3.3.12.5 The utility shall install permitted structural elements, such as manholes, vaults or anchor blocks, so that the high point of the element is at or below the grade of the traveled way or shoulder surface. Manhole covers located in the traveled way or shoulder shall be not less than one-quarter inch, or more than one-half inch, below the finished pavement grade.

3.3.12.6 Meters shall not be placed on SH ROW except within local jurisdiction where any local jurisdiction codes may require such use.

3.4Construction Requirements

3.4.1 Access for Constructing or Servicing Utility Facilities

3.4.1.1 The utility shall access the work site only at locations and by means acceptable to the Department.

3.4.1.2 The utility shall not work at night or on Saturdays, Sundays, or holidays, except as approved by the Department. The Department may specify and/or restrict the utility's access to construct or service utility facilities in accordance with each region's lane closure policy, during peak traffic flow or due to adverse weather, insufficient visibility, or other conditions not conducive to safe and efficient traffic operations.

3.4.1.3 To gain access to the SH ROW from abutting properties at other than established, approved locations, the utility must obtain and comply with the terms of an access permit issued pursuant to § 43-2-147, C.R.S.

3.4.2 Traffic Control and Work Zone Safety Requirements

3.4.2.1 The utility shall develop and submit a TCP to the Department for any work that will affect traffic movement or safety. The utility shall implement the TCP and utilize traffic control devices to ensure the safe and expeditious movement of traffic around and through the work zone and the safety of the utility work force.

3.4.2.2 The utility shall develop the TCP, and MHT in conformance with Department standards. The TCP shall include provisions for the passage of emergency vehicles through the work zone, and shall conform to all Federal, State and local agency rules and regulations. The TCP and MHT shall contain sufficient detail to demonstrate conformity with all applicable requirements.

3.4.2.3 At CDOT's direction, the utility shall have a TCS at the work site at all times in direct responsible charge of implementing the TCP. If the scope of the utility project necessitates a flagger, the utility shall have the appropriate number of certified flaggers at the work site in accordance with the TCP.

3.4.2.4 The utility shall not start the permitted work before the Department accepts the TCP.

3.4.2.5 The Department may review and order changes to the TCP and MHT during performance of the work, as required.

3.4.2.6 The utility shall comply with the TCP at all times during performance of the work.

3.4.2.7 The utility shall maintain the TCP at the work site at all times during performance of the work, and make available to the Department upon request.

3.4.2.8 The TCP shall ensure that closure of intersecting streets, road approaches and other access points is minimized. On heavily traveled highways, the Department shall not permit utility operations that interfere with traffic during periods of peak traffic flow.

3.4.2.9 When utility operations coincide with highway construction or maintenance operations or other permitted activities, the utility shall develop and implement the TCP in cooperation and coordination with the highway agency and/or its contractors, and as otherwise directed by the Department in the permit.

3.4.2.10 All flaggers shall have a current CDOT flagger certification card, and shall be capable of effectively communicating with the traveling public and others at the work site.

3.4.2.11 All utility employees working within the SH ROW shall comply with any applicable OSHA regulations.

3.4.2.12 Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in all applicable Federal, State and local rules and regulations.

3.4.3 Utility Owner Notification

3.4.3.1 The utility will comply with the applicable requirements of Article 1.5 of Title 9, C.R.S., including any requirement to participate in the State's Notification Association pursuant to § 9-1.5-105, C.R.S. All owners of underground utilities within the SH ROW must become members of the UNCC.

3.4.3.2 Pursuant to § 9-1.5-103, C.R.S., and except as provided for emergency or other special circumstances in that statute, the permittee shall not make or begin excavation without first notifying the UNCC. The Department shall be notified of planned excavation as specified in the permit. If known by the utility permittee to exist, underground utility owners who have not yet become members of the UNCC shall be contacted directly. Notice of commencement, extent, and duration of the excavation work shall be given at least two business days prior thereto, not including the day of actual notice.

3.4.4 Pavement Cuts and Repairs

3.4.4.1 The utility shall install buried facilities crossing the highway only by trenchless methods, except as provided by this Section.

3.4.4.2 The utility may install buried facilities by open cut of the pavement structure only if it demonstrates to the Department that: trenchless methods are not feasible due to soil conditions, or space limitations or other considerations preclude trenchless construction, and/or removal and replacement of the pavement structure will be concurrent with or closely precede a project to construct or reconstruct the affected roadway.

3.4.4.3 When the Department permits pavement cuts, the utility shall comply with the following conditions: no more than half the width of the roadbed may be opened at any time, the utility must replace any removed pavement to a design equal to or greater than the surrounding, undisturbed pavement structure, and the utility must saw or wheel-cut to a neat line, or as otherwise specified in the permit, any pavement removed. On trenched installations, unless otherwise specified by the Department, the utility shall implement additional cutback of base and surfacing to a minimum of 2 feet beyond normal trench limits, replace excavated portions of the base and subgrade with flowable backfill, trim all overbreaks or incidental damage of existing pavement back to a neat line before patching, repair all surface gouges or other minor damage, and restore all pre-existing pavement markings in and adjacent to resurfaced areas.

3.4.5 Trenched Construction and Backfill

3.4.5.1 The utility shall construct vertical-sided trenches, of uniform width, and no wider than the line diameter plus three feet, unless the utility demonstrates to the Department's satisfaction that such construction is impracticable.

3.4.5.2 Shoring or bulkheading shall conform with all applicable Federal, State and local jurisdiction construction and safety standards.

3.4.5.3 The utility shall provide drainage from excavation areas.

3.4.5.4 The utility shall not perform construction or compaction by means of jetting, puddling, or water flooding within SH ROW; however, a limited amount of puddling may be allowed up to the springline of the pipe when free-flowing granular backfill materials are used, when necessary to obtain proper compaction of pipeline bedding.

3.4.5.5 Unless otherwise directed or approved by the Department, the utility shall replace excavated material with flowable backfill as specified by the Department within toes of slopes or place backfill in 6 inch layers, each consolidated by mechanical tamping and controlled addition of moisture to a density equal to or greater than that of the surrounding undisturbed soil outside toes of slopes.

3.4.6 Trenchless Installations

3.4.6.1 Portal limits of trenchless crossings shall be established safely beyond the highway surface and clear zone, and in no case shall the lateral distance from the surfaced area of the highway to the boring or jacking pit be less than the vertical difference in elevation between such surface and the bottom of the pit.

3.4.6.2 Shoring or bulkheading shall conform with applicable Federal, State and local jurisdiction construction and safety standards.

3.4.6.3 The utility shall not use water jetting or tunneling, but water-assisted or wet boring may be permitted if determined by the Department to not result in excessive erosion or unacceptable moisture conditions in the roadway subgrade.

3.4.6.4 The boring hole shall be oversized to the minimum amount required to allow pull-through of the conduit being installed, based upon equipment and product manufacturer's specifications. If the oversize excavation is not already filled by the drilling slurry after product pull through, the void shall be grouted to the satisfaction of the Department. Grout or other approved backfill material shall be used for pipe of 12 inches or more in diameter, and for overbreaks, unused holes or abandoned pipe. The composition of the grout shall be a cement mortar, a slurry of fine sand or fine granular materials, subject to Department approval.

3.4.6.5 The utility shall follow any applicable manufacturer's guidelines and industry standards for equipment set-up and operation. The utility shall assess soil conditions to determine the most appropriate installation technique. Underground borepaths or tunnels shall be tracked and recorded by the utility. Failed bores shall be appropriately abandoned by the utility.

3.4.6.6 Drilling fluids shall be prepared and used according to fluid and drilling equipment manufacturer guidelines. The utility shall use fluid containment pits at both bore entry and exit points, and shall use appropriate operational controls in order to avoid heaving or loss of drilling fluids from the bore.

3.4.6.6.1 Antifreeze additives shall be non-toxic and biodegradable products.

3.4.6.6.2 Depending upon chemical composition or the specific method of disposal, improperly disposed drilling fluids may be classified as solid wastes or unauthorized discharges per Section 3.1.7 , and in general, shall be pumped or vacuumed from the construction area, removed from the SH ROW and disposed of at permitted facilities that specifically accept such wastes.

3.4.6.6.3 Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is expressly prohibited.

3.4.6.6.4 Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided:

3.4.6.6.4.1 the drilling fluid consists of only water and bentonite clay; or

3.4.6.6.4.2 if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; and

3.4.6.6.4.3 the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area; and

3.4.6.6.4.4 the solids covered and the area restored as required by permit requirements.

3.4.7 Utility Installations Near Drainage Ways and Watercourses

3.4.7.1 The utility shall not install any facility along or across the ROW of an irrigation ditch or canal company without first obtaining the written approval of such company.

3.4.7.2 The utility shall install facilities that cross a stream or other drainage only at a point beneath the bed of that watercourse and only at a depth that adequately allows for scour or ditch maintenance requirements. The utility shall also take the added measures to protect such lines that the Department deems necessary in areas subject to erosion or other disturbance.

3.4.7.3 In establishing the depth of cover below an unpaved channel, the Department will consider potential scour, ditch maintenance operations and/or future needs to increase the channel capacity. The utility line shall be installed a minimum of three feet below the lowest expected level of scour or degradation.

3.4.7.4 Utility construction operations within or near live streams, ditches, wetlands or other bodies of water shall include adequate provision to protect or maintain surface and/or ground water quality, and may require appropriate clearances as described in Section 3.1.7.

3.4.7.5 The utility shall not install utility lines within culverts where the primary purpose of that culvert is to carry drainage. For culverts or culvert-like structures where the primary purpose of the culvert is something other than drainage, such as providing passage for stock, wildlife, pedestrians or vehicles, utility installations shall be addressed through Section 3.3.10.

3.4.7.6 In order to avoid any interference with the operations or maintenance of either utility lines or of drainage structures, the utility shall not install utility lines inside any such drainage structure or inside the trench that surrounds any drainage structure, and shall maintain a horizontal and vertical clearance from any such drainage structure or surrounding trench if further directed to do so by the Department in the utility permit.

3.4.8 Protection, Construction and Restoration of Highway Property

3.4.8.1 The utility shall avoid disturbing or damaging all highway property, and shall be responsible for the prompt reconstruction, alteration, repair or maintenance of highway property, to repair any damage caused by the utility work, and to restore the SH ROW to pre-existing or better conditions as may be specified in the permit.

3.4.8.2 Cleated or tracked equipment shall not work on or move over paved surfaces without mats or pads on tracks.

3.4.8.3 The utility shall not spray, cut or trim trees, or other landscaping elements, or remove any landscaping material, unless such work is specifically described in the permit application and approved in the permit.

3.4.8.4 The utility shall employ erosion and sediment control measures, to protect storm water quality, in conformance with current Federal, State and local jurisdiction codes and Department standards. At a minimum, the utility shall employ the following measures, as applicable:

3.4.8.4.1 minimize the length of open trench; and

3.4.8.4.2 minimize the area of disturbance to ground cover and vegetation; and

3.4.8.4.3 manage necessary stockpiles in accordance with the permit requirements and appropriate CDOT Specification; and

3.4.8.4.4 protect all inlets accepting flow from the impacted area; and

3.4.8.4.5 seed and permanently stabilize the disturbed area to prevent erosion.

3.4.8.5 The utility may be required to obtain a storm water permit from the CDPHE per Section 3.1.7.13 and 3.1.7.20.

3.4.8.6 The utility shall perform any required construction or restoration of highway property in conformance with the Code, permit requirements, and with Department standard specifications and standard plans adopted by the Commission pursuant to § 43-2-107(1), C.R.S., as directed and provided to the utility by the Department. Material removed from any portion of the roadway template must be replaced in like kind with better or equal compaction. Segregation of material is not permitted.

3.4.8.7 All utility construction or restoration work shall be subject to Department approval, and the utility shall promptly replace all unsatisfactory work as determined by the Department.

3.4.8.8 The utility shall maintain any such finished work for a period of twenty-four (24) months following completion and acceptance, and must post a bond to assure the adequacy of construction or maintenance.

3.4.8.9 The utility shall remove all debris, refuse, waste, salvage, and surplus materials resulting from utility accommodation work from SH ROW in a safe and expedient manner, daily during installation and upon completion of such work.

3.4.8.10 The utility shall restore ditch flow lines and shall reseed or re-sod, as conditions dictate, all areas which are denuded of vegetation during utility operations. The seed species, origin and application rates required for each location shall be as approved by the Department. Seed mixtures and mulch must be certified free of noxious weed seeds. The utility shall clean equipment before transporting it into or out of the State in order to prevent the migration of noxious weeds.

3.4.9 Markers, Location Aids and Location Assistance

3.4.9.1 All new underground facilities must be electronically locatable when installed, including laterals up to the structure or the building being served.

3.4.9.2 All plowed or trenched installations must include appropriate color-coded warning tape placed not less than 12 inches vertically above the top of the line. The warning tape shall be surface-detectable if needed to facilitate detection of the line.

3.4.9.3 The utility shall place readily identifiable markers at the ROW line where it is crossed by pipelines carrying transmittants which are flammable, corrosive, expansive, energized, or unstable, except where a vent will serve as a marker.

3.4.9.4 The utility shall place markers for longitudinal underground facilities vertically above the facilities or at a known horizontal offset, unless otherwise approved in writing by the Department. Each marker shall provide a foresight and backsight to succeeding and preceding markers. Markers shall be installed at suitable intervals along tangent sections, at angle points or points of curvature, and at reasonable intervals along curves.

3.4.9.5 The utility shall maintain any markers required by the Code for the life of the installation.

3.4.9.6 In addition to complying with Section 3.4.3 of the Code and the provisions of Article 1.5 of Title 9 C.R.S. in response to the Department's notification of planned excavations, utility owners shall surface-mark their buried utility facilities that are located within the SH ROW in order to facilitate Department engineering and design activities, upon reasonable request from the Department, and at no cost to the Department. The permittee shall respond to such request within a reasonable timeframe acceptable to the Department, but no longer than 14 days from the date of request, and the accuracy of the surface marking shall be within 18 inch of either side of the actual location of the buried facility.

2 CCR 601-18-3.0

43 CR 24, December 25, 2020, effective 1/14/2021