ENVIRONMENTAL NOTES (EN): The North Dakota Department of Transportation and the Federal Highway Administration (remove if the project is state funded only) have has made environmental commitments to secure approval of this project. The following environmental notes are requirements to comply with these commitments: (Please remove any wording that is not needed or is not applicable to the project)

INFORMATION ON THIS SHEET IS AN EXAMPLE ONLY. ADD SPECIFIC PROJECT INFORMATION AND CHANGE NUMBERING AS NEEDED.

Spawning restriction notes may be needed if work is being done within a named river, stream or tributary. EN-2 is different than EN-1 due to Minnesota regulations.

EN-1 SPAWNING RESTRICTION: Do not work within the (Insert name of River, Stream, or Tributary) from April 15 to June 1.

EN-2 SPAWNING RESTRICTION: Do not work within the Red River Channel from March 15 to June 30.

Contact Reilly Lembo of the Environmental and Transportation Services Division for the exact wording of the AVOIDANCE AREAS Note.

EN-3 AVOIDANCE AREAS: The Project Engineer will contact Reilly Lembo of the Environmental and Transportation Services Division to coordinate any meetings needed to identify the limits of the avoidance area. The site is at (location) (approximate Sta. (number) to Sta. (number)). This avoidance area within the rightofway must not be disturbed and will be fenced prior to commencement of any construction. Provide the fence and fence posts, install the fence in the location designated in the plans, maintain the fence, and remove the fence upon completion of the project. A quantity of (number) LF of (type of fence stated by Reilly Lembo) has been included for this purpose. All costs to provide, place, maintain, and remove the fence shall be included in the price bid for “xxxxxx.”

The ANS note is needed for any project that will have in-water work items (e.g. widening, bridge and culvert installation/replacement/extension/repair, dewatering, slope/erosion/scour repair, impacts to wetlands including creation/mitigation, erosion control installation) taking place within lakes, legal drains, rivers, streams, or waters of the state which contain surface water at the time of construction, whether flowing in well-defined channels or flowing through lakes, ponds, or marshes/wetlands which constitute integral parts of a stream system.

EN-4 AQUATIC NUISANCE SPECIES (ANS): Equipment that was last used outside of North Dakota or within a Class I infested waterbody (identified on the North Dakota Game and Fish Department (NDGFD) website) requires an inspection by NDGFD. Notify the NDGFD at least 10 business days prior to pumps, watercraft, or any equipment entering a public water to allow the NDGFD sufficient time to inspect any and all such equipment for ANS. Contact the NDGFD ANS Coordinator, Ben Holen by e-mail - bholen@nd.gov for equipment inspections. Supply one of the following to the engineer as proof of compliance prior to work taking place in the water: (1) the NDGFD inspection report, (2) documented NDGFD correspondence (email or signed letter).

The need for threatened and endangered species environmental notes will be identified in the Biological Assessment (BA).

EN-5 THREATENED AND ENDANGERED SPECIES: The project is located near/within suitable habitat for the species listed in the following table (Only include applicable species specified within the biological assessment with a “may affect” determination. Remove any species that do not apply).

SPECIES	HABITAT	PRESENCE
Whooping Crane	Cropland/Wetland Associations	Spring: March 15 - May 15* Fall: September 10 – November 15
Black-Footed Ferret	Prairie Dog Towns	Year-Round - – Currently presumed extirpated in North Dakota
Pallid Sturgeon	Missouri River/Lake Sakakawea and some Tributaries	Year-Round; Migration and Spawning: April 1 – July 31
Gray Wolf	Forested/Wooded Areas, Open Areas	Year-Round – No known populations, sightings extremely rare
Poweshiek Skipperling	Native Prairie	Year-Round – Currently presumed extirpated in North Dakota
Piping Plover	Sparsely Vegetated Islands/Shoreline	April 15 - August 15*
Western Prairie Fringed Orchid	Native Prairie/Roadsides	Year-Round
Dakota Skipper	Native Prairie	Year-Round
Rufa Red Knot	Sparsely Vegetated Islands/Shoreline	Spring: April 15 - May 31* Fall: August 1 - September 15*
Northern Long-Eared Bat	Forested/Wooded Areas/Bridges/Box Culverts/Caves/Mines	Active Season: April 15 - October 31* Inactive Season: Nov 1 – April 14*

*Time frames can differ slightly, depending on the year

If any of the above threatened and endangered species are identified within 1 mile of the project, the Contractor will notify the Engineer immediately and cease construction activities in the vicinity until an avoidance area is established. The Engineer will establish an avoidance area that is at least a 0.5 mile and immediately coordinate with the USFWS (701-355-8513), FHWA (701-221-9464), and NDDOT Environmental and Transportation Services (701-328-2592). The Contractor will not resume work within the avoidance area until the Engineer has confirmed with the agencies that work may proceed (either the species have left the area, or approved avoidance/minimization measures have been implemented).

If Whooping Crane is listed in the BA and there will be overhead utility impacts, include the following: The NDDOT will request that the utility company install line markers (bird diverters) at a 1:1 ratio (per linear foot) on overhead utility lines to be raised, lowered, and/or moved to reduce the risk of flight collisions during the spring and fall whooping crane migration periods. The utility company determines the type, number and placement/spacing of the line markers and may conclude that the placement of line markers is not feasible in certain situations.

Use the Temporary Wetland Impact Note when there are temporary impacts to wetlands or other waters shown in the plans.

EN-6 TEMPORARY WETLAND IMPACT: Temporary impact areas within wetlands and or other waters are incorporated into the plans for this project. Remove temporary fill placed and sedimentation in wetlands or other waters. Restore these wetlands to preconstruction contours.

Include the Mitigation Note when onsite mitigation is shown in the plans.

EN-7 WETLAND MITIGATION: Wetland mitigation is required for unavoidable permanent wetland impacts. The wetland mitigation plan is incorporated into the plans for this project. After completion of the mitigation area, the Engineer will complete the Onsite Mitigation Certification Form SFN 61042. Any sedimentation occurring within the mitigation area will be removed.

NOTIFICATIONS TO BE FILED BY CONTRACTOR:

Include the FAA notice note when working within 3 miles of an airport. The need for this note should also be identified on the FAA SOV response.

EN-8 FAA Notice: Notification is required for work within 3 nautical miles of the airport. Complete the Federal Aviation Administration Notice of Proposed Construction or Alteration Form 7460-1 in accordance with 14 CFR 77.7 and 77.9 (at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest) (online at http://oeaaa.faa.gov).

REMINDERS:

Work on bridges or boxes may require SSP 2 Federal Migratory Bird Treaty Act.

The wetland and/or other water impact table(s) will start on Sheet 1 of Section 75. For drawing production guidance on the remaining Section 75 sheets, see Appendix Q in the CADD Standards Manual.

Tree mitigation may be needed for tree removals within urban areas, on USACE property, or in riparian areas. The need for mitigation will be identified in the NEPA document, and if mitigation is required, will need to be incorporated into the plans.