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CC &V PROJECT NO. SC -07 -002 January 4, 2013 <br />2 <br />SECTION 240 <br />PROTECTION OF MIGRATORY BIRDS <br />BIOLOGICAL WORK PERFORMED BY A CDOT BIOLOGIST <br />2. Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting birds' <br />habitat, if work occurs between April 1 and August 31, the area shall be surveyed by the CDOT biologist <br />within the seven days immediately prior to ground disturbing activities. The Contractor shall notify the <br />Engineer at least ten working days in advance of the need for the CDOT biologist to perform the survey. <br />The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line, <br />whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing <br />until August 31 or until the end of ground disturbance work, whichever comes first. <br />If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established around <br />the nest by the CDOT biologist. This buffer dimension may be changed if determined appropriate by the <br />CDOT biologist and approved by the Engineer. The Contractor shall install fence (plastic) at the <br />perimeter of the buffer. Work shall not proceed within the buffer until the young have fledged or the nests <br />have become 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 />The CDOT Biologist may conduct raptor nest surveys within 0.5 mile of the construction site prior to the start of <br />construction and prior to each construction phase. This survey can be done with binoculars. If construction <br />activities are located within the Colorado Division of Wildlife (CDOW) recommended buffer zone for specific <br />raptors, "NO WORK" zones shall be established according to the CDOW standards or by the CDOT Wildlife <br />Biologist in consultation with the CDOW around active sites during construction. The "NO WORK" zone shall be <br />marked with either fencing or signing. Work shall not proceed within a "NO WORK" zone until the CDOT <br />Biologist has determined that the young have fledged or the nest is unoccupied. <br />(c) Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The Contractor <br />shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service (USFWS) for the taking of <br />a migratory bird. <br />8 <br />