U.S. Department 

ofTrmsportation 

Federal Highway 

Administration 

June 22, 2022 

1200 NewJersey Avenue, SE. 

Washington, DC 20590 

In Reply Refer to: HCR-20 

DOT# 2021-0320 

Subject: Resolution of Complaint #2021-0320 

DearThe Federal Highway Administration (FHW A) has resolved your complaint against the Colorado 

Department ofTranspo1iation (CDOT). Your complaint, which was received by this office on 

September 27, 2021, alleged that CDOT violated Title VI ofthe Civil Rights Act of 1964 (Title 

VI) and its implementing regulations, including Title VI regulations administered by the United 

States Depaiiment of Transportation ( 49 C.F.R. Paii 21) and FHWA (23 C.F.R. Pait 200). 

FHWA reached a voluntaiy resolution agreement with CDOT on May 31, 2022 ( enclosed). The 

agreement pertains to the sale and maintenance of the CDOT property located at 4601 

Washington Street, Denver, Colorado 80216. This letter closes FHWA's inquny ofyour 

complaint. 

Please be advised that no one may intimidate, threaten, coerce, or engage in other discriminato1y 

conduct against anyone because he or she has either taken action or paiiicipated in an action to 

secure rights protected by the civil rights requiI·ements that we enforce. Any individual alleging 

such hai·assment or intimidation may file a complaint with the FHWA. 

Sincerely, 

Nichole McWho1ier 

Title VI Team Leader 

Office ofCivil Rights 
 

 

Enclosure:

Title VI Voluntary Resolution Agreement 

cc: John Cater, Division Administrator, FHWA Colorado Division Office

 Andrew Wilson, Deputy Division Administrator, FHWA Colorado Division Office

 Nicole Bumpers, Civil Program Manager, FHWA Colorado Division Office 

Jim Esselman, Senior Attorney-Advisor, FHWA Office of Chief Counsel 

Irene Rico, Associate Administrator, FHWA Civil Rights Office 

Irene Marion, Director, Departmental Office of Civil Rights

Yvette Rivera, Associate Director, Equity and Access Division, Departmental Office of Civil Rights

Barbara Dougherty, Deputy Director, Departmental Office of Civil Rights

Sara Kluberdanz, Lead Program Analyst, Departmental Office of Civil Rights 

Page 2 of 2 
Voluntary Resolution Agreement 

I. Purpose 

The Federal Highway Administration (FHWA) and the Colorado Department of Transportation (CDOT) 

hereby enter into this Voluntary Resolution Agreement (Agreement) regarding the property located at 

4601 Washington Street, Denver, Colorado 80216 (identified as 300-R, 301-R, 302-R, 303-R and 304-R of 

the Department of Transportation, State of Colorado containing 40,145sq. ft. (0.922 acres)), to resolve 

allegations against CDOT of noncompliance with Title VI of the Civil Rights Act of 1964 (Title VI). In 

entering into this Agreement, FHWA is not making a noncompliance finding against CDOT, and CDOT is 

not admitting a violation of Title VI. 

II. Background 

A. On September 27, 2021, FHWA received a Title VI complaint regarding the property located at 4601 

Washington Street (hereinafter referred to as “the property”) in the Globeville community of Denver. 

The complaint alleges that the property is not maintained and is full of garbage. 

B. The property is vacant and has been owned by CDOT since the early 1990s. CDOT acquired the 

property for a project that received federal financial assistance. 

C. The property is part of a parcel of land that includes an adjacent privately-owned property. An 

adjacent alley is owned by the City and County of Denver. 

D. As prescribed by Colorado Revised Statute 43-1-210(5), CDOT began the process to dispose of the 

property in March 2022. 

E. CDOT has undertaken a multi-year project to create a comprehensive geographic information system 

(GIS) map of all of its property ownership. CDOT hired a full-time Property Management GIS specialist 

to further and expedite the project. The end goal of the project is to have a publicly accessible map 

that shows all excess and remainder parcels available for sale that also aids the agency in tracking 

maintenance activities. 

III. Applicability 

Title VI provides that no person in the United States shall, on the grounds of race, color, or national 

origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination 

under any program or activity receiving Federal financial assistance. 42 U.S.C. 2000d. Title 49 of the 

Code of Federal Regulations (CFR), Part 21, implements Title VI for the U.S. Department of 

Transportation (DOT) and provides that DOT Recipients may not, directly or through contractual or 

other arrangements, utilize criteria or methods of administration which have the effect of subjecting 

persons to discrimination because of their race, color, or national origin, or have the effect of 

defeating or substantially impairing accomplishment of the objectives of the program with respect to 

individuals of a particular race, color, or national origin. 49 CFR § 21.5(b)(2). CDOT is a Recipient of 

Federal financial assistance from the FHWA. 
IV. CDOT Actions 

As a primary recipient of Federal-Aid Highway funding from FHWA, CDOT is responsible for 

implementing FHWA Title VI Program requirements. See 23 CFR § 200.3. CDOT is solely responsible for 

effectuating the actions described in this Agreement by taking the following actions: 

A. CDOT shall complete steps outlined in C.R.S. 43-1-210(5) to dispose of or otherwise transfer 

ownership of the property located at 4601 Washington Street by October 1, 2022. When a disposal or 

transfer of ownership is completed, CDOT shall notify FHWA promptly in writing and identify the 

parties in the transaction. In the deed of sale or other similar instrument transferring property 

ownership, CDOT shall include Appendix C or Appendix D, as appropriate, of the Standard Title VI/NonDiscrimination Assurances pursuant to U.S DOT Order No. 1050.2A. If CDOT is unable to dispose of or 

otherwise transfer ownership of the property by October 1, 2022, CDOT shall notify FHWA promptly in 

writing. This written notification shall contain proposed alternative remedies for ensuring Title VI 

compliance. Any proposed alternative remedies are subject to final approval by FHWA. 

B. CDOT shall periodically inspect and maintain the property located at 4601 Washington Street while it 

is still owned by CDOT. CDOT shall provide a written maintenance plan to FHWA by June 1, 2022. The 

maintenance plan will be subject to final approval by FHWA. The plan shall include: 

1. A schedule in which the property is inspected at least twice per month; 

2. A description of how CDOT plans to obtain and respond to requests from the public regarding 

issues with the property; 

3. A description of maintenance activities that CDOT plans to perform at the property; 

4. A description of how CDOT plans to document all inspection and maintenance activities that 

occur at the property. 

C. CDOT shall create an inventory that lists all of its properties by December 31, 2022. The inventory 

shall include the location of each property, a description of the purpose of each property, and whether 

or not the property is vacant. The inventory shall be maintained and updated whenever CDOT acquires 

or loses property. 

D. CDOT shall create standard operating procedures (SOP) for the inspection and maintenance of its 

properties by October 1, 2023. The SOP shall describe how and when CDOT will conduct inspection and 

maintenance activities. The SOP shall describe how properties will be prioritized for maintenance and 

how CDOT will use racial demographic data to inform its decisions to ensure properties are being 

prioritized in an equitable manner. The SOP will be subject to final approval by FHWA. 

E. CDOT shall send a written progress report to FHWA by October 1, 2022. The progress report shall 

describe CDOT’s efforts during the 2022 federal fiscal year toward implementing the requirements in 

this agreement. Further, CDOT will cooperate with FHWA regarding all additional requests for 

documentation, pursuant to 49 C.F.R 21.9, et seq. 

E. CDOT shall send a written progress report to FHWA by October 1, 2023. The progress report shall 

describe CDOT’s efforts during the 2023 federal fiscal year toward implementing the requirements in 

this agreement. Further, CDOT will cooperate with FHWA regarding all additional requests for 

documentation, pursuant to 49 C.F.R 21.9, et seq. 

V. Modification of Agreement 
___________________________________ 

This Agreement may be modified by mutual agreement of both FHWA and CDOT after negotiating in 

good faith and in writing. 

VI. Intimidation or Retaliatory Acts Prohibited 

Neither CDOT nor any entity or business party to an agreement to carry out the actions herein shall 

intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with 

any right or privilege secured by Section 601 of Title VI or 49 C.F.R. Part 21, or because such individual 

has made a complaint, testified, assisted, or participated in any manner in an investigation, 

proceeding, or hearing pursuant to 49 C.F.R. Part 21. 

VIII. Compliance 

FHWA may review CDOT’s compliance with this Agreement at any time. If FHWA believes CDOT has 

failed to comply in a timely manner with any requirement of this Agreement, FHWA will so notify CDOT 

in writing and will attempt to resolve the issue or issues in good faith. 

IX. Abeyance 

The FHWA will hold in abeyance conducting a formal investigation regarding the complaint filed in the 

matter (described above) during the performance of this Agreement. At any time, should CDOT not 

perform, or ensure performance, under this Agreement, FHWA will notify CDOT as stated in section VIII 

above. Should CDOT fail to remedy the noncompliance issue within 30 days of notification, FHWA may 

continue conducting a formal investigation regarding the issue and take such other actions as 

necessary to ensure CDOT’s compliance with Title VI. 

JOHN MARTIN Digitally signed by 

Date: 2022.05.31 

08:06:58 -06'00'

JOHN MARTIN CATER 

CATER Dated: ____________________ 

John Cater, Colorado Division Administrator 

 

 Dated: May 23, 2022

Shoshana M. Lew, Executive Director