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CC &V PROJECT NO. SC -07 -002 January 4, 2013 <br />1. <br />1 <br />SECTION 240 <br />PROTECTION OF MIGRATORY BIRDS <br />BIOLOGICAL WORK PERFORMED BY A CDOT BIOLOGIST <br />Section 240 is hereby added to the Standard Specifications for this project as follows: <br />DESCRIPTION <br />240.01 This work consists of protecting migratory birds during construction. <br />MATERIALS AND CONSTRUCTION REQUIREMENTS <br />240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking <br />(pursue, hunt, take, capture or kill; attempt to take, capture, kill or possess) migratory birds protected by the <br />Migratory Bird Treaty Act (MBTA). <br />(a) Vegetation Removal. When possible, vegetation shall be cleared prior to the time active nests are present. <br />Vegetation removal activities shall be timed to avoid the migratory bird breeding season which begins on <br />April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and August 31 <br />shall first be surveyed within the work limits by a CDOT biologist for active migratory bird nests. The CDOT <br />biologist will also survey for active migratory bird nests within 50 feet outside of the work limits. Project <br />personnel shall enter areas outside CDOT right of way only if a Form 730, Permission to Enter Property, has <br />been signed by the property owner. The Contractor shall avoid all active migratory bird nests. The Contractor <br />shall avoid the area within 50 feet of the active nests or the area within the distance recommended by the <br />biologist until all nests within that area have become inactive. Inactive nest removal and other necessary <br />measures shall be incorporated into the work as follows: <br />1. Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1 or <br />after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and August <br />31, a survey for active nests will be conducted by the CDOT biologist within the seven days immediately <br />prior to the beginning of work in each area or phase of tree and shrub removal or trimming. The <br />Contractor shall notify the Engineer at least ten working days in advance of the need for the CDOT <br />biologist to perform the survey. <br />If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest shall <br />remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by placing <br />fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer dimension <br />may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. Work <br />shall not proceed within the fenced buffer area until the young have fledged or the nests have become <br />inactive. <br />If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly <br />or in part, until the fence is satisfactorily repaired at the Contractor's expense. Time lost due to such <br />suspension will not be considered a basis for adjustment of time charges, but will be charged as contract <br />time. <br />7 <br />