Common use of ECR Number Environmental Commitment Record Requirements Description of ADOT Clause in Contracts

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities BIO-12 To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction equipment and remove all attached plant/vegetation and soil/mud debris prior to leaving the construction site. ADOT to oversee for compliance BIO-13 Habitat impacts shall be minimized by restricting construction activities to the minimum area necessary to perform the activities and by maintaining natural vegetation where possible. ADOT to oversee for compliance BIO-14 If any Sonoran desert tortoises are encountered during construction, the contractor shall adhere to the most current guidelines regarding encounters with Sonoran desert tortoises. ADOT to oversee for compliance BIO-15 The contractor shall develop procedures for encounters with sensitive species in the Environmental Management Plan. The procedures shall include allowing the animal to leave of its own accord or contacting a trained person if the animal needs to be removed from the work area. ADOT to oversee for compliance BIO-16 A biologist will be employed to complete a preconstruction survey for burrowing owls 96 hours prior to construction in all suitable habitat that will be disturbed. The biologist shall possess a burrowing owl survey protocol training certificate issued by AGFD. Upon completion of surveys, the survey results will be reviewed with the ADOT biologist and a course of action will be identified. ADOT will review and determine the course of action based on Developer’s survey. BIO-17 If any burrowing owls are located in the work area, the contractor shall immediately stop work at that location and notify the ADOT Engineer. The ADOT Engineer will contact the ADOT biologist to determine whether the owls could be avoided or must be relocated. The contractor shall not work within 100 feet of any active xxxxxx until the situation had been evaluated by the ADOT biologist. If the ADOT biologist determined that the owl must be relocated, a biologist holding a rehabilitation permit from USFWS will relocate burrowing owls from the project area. ADOT must be contacted immediately if any burrowing owls are located in the Work area and ADOT will determine whether the owls could be avoided or must be relocated.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities BIO-12 BIO-6 If new species or critical habitat are listed following completion of the ROD, or if the potential effects on species or critical habitat from the Project have changed from those described in the Biological Evaluation, an update to the Biological Evaluation must be prepared and any required consultation with USFWS must be completed. ADOT will coordinate with USFWS, AGFD, and the Community’s Department of Environmental Quality to determine whether any additional species-specific mitigation measures are required. This commitment must be satisfied through Final Acceptance. BIO-7 Prior to construction, ADOT will arrange for surveys to be completed for the Sonoran desert tortoise and other species as determined by ADOT to be necessary. ADOT will satisfy this commitment. BIO-8 ADOT will require the contractor’s personnel to receive training as part of the overall project safety program regarding procedures for interactions with sensitive species that may be encountered during construction. ADOT to oversee for compliance BIO-9 If vegetation clearing will occur during the migratory bird breeding season (March 1 to August 31), the contractor shall avoid any active bird nests. If the active nests cannot be avoided, the contractor shall notify the ADOT Engineer to evaluate the situation. During the non-breeding season (September 1 to February 28), vegetation removal is not subject to this restriction. If any active bird nests cannot be avoided by vegetation clearing or construction activities, the ADOT Engineer will contact the EPG Biologist (000-000-0000 or 000-000-0000) to evaluate the situation. ADOT to oversee for compliance BIO-10 Invasive species surveys will be conducted during the design phase. If noxious or invasive species are found to be present in the project footprint during that survey, the contractor will develop and implement an invasive and noxious species control plan. ADOT to oversee for compliance BIO-11 To prevent the introduction of invasive species seeds from leaving the siteseeds, the contractor shall inspect all construction earthmoving and hauling equipment at the equipment storage facility and remove all attached plant/vegetation and soil/mud debris the equipment shall be washed prior to leaving entering the construction site. ADOT to oversee for compliance BIO-13 Habitat impacts TP Attachment 000-0 Xxxxx Xxxxxxxx Xxxxxxx Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall be minimized by restricting construction activities comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the minimum area necessary to perform the activities and by maintaining natural vegetation where possible. ADOT to oversee for compliance BIO-14 If any Sonoran desert tortoises extent of those requirements that are encountered during construction, the contractor shall adhere to the most current guidelines regarding encounters with Sonoran desert tortoises. ADOT to oversee for compliance BIO-15 The contractor shall develop procedures for encounters with sensitive species specifically identified in the Environmental Management Plan. The procedures shall include allowing the animal third column, entitled “Description of ADOT Responsibilities,” which are not delegated to leave of its own accord or contacting a trained person if the animal needs to be removed from the work area. ADOT to oversee for compliance BIO-16 A biologist will be employed to complete a preconstruction survey for burrowing owls 96 hours prior to construction in all suitable habitat that will be disturbed. The biologist shall possess a burrowing owl survey protocol training certificate issued by AGFD. Upon completion of surveys, the survey results will be reviewed with the ADOT biologist and a course of action will be identified. ADOT will review and determine the course of action based on Developer’s survey. BIO-17 If any burrowing owls are located in the work area, the contractor shall immediately stop work at that location and notify the ADOT Engineer. The ADOT Engineer will contact the ADOT biologist to determine whether the owls could be avoided or must be relocated. The contractor shall not work within 100 feet of any active xxxxxx until the situation had been evaluated by the ADOT biologist. If the ADOT biologist determined that the owl must be relocated, a biologist holding a rehabilitation permit from USFWS will relocate burrowing owls from the project area. ADOT must be contacted immediately if any burrowing owls are located in the Work area and ADOT will determine whether the owls could be avoided or must be relocated.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities Retained Obligations BIO-11 To prevent the introduction of invasive species seeds, the contractor shall inspect all earthmoving and hauling equipment at the equipment storage facility and the equipment shall be washed prior to entering the construction site. None retained; all delegated to Developer. BIO-12 To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction equipment and remove all attached plant/vegetation and soil/mud debris prior to leaving the construction site. ADOT None retained; all delegated to oversee for compliance Developer. BIO-13 Habitat impacts shall be minimized by restricting construction activities to the minimum area necessary to perform the activities and by maintaining natural vegetation where possible. ADOT None retained; all delegated to oversee for compliance Developer. BIO-14 If any Sonoran desert tortoises are encountered during construction, the contractor shall adhere to the most current guidelines regarding encounters with Sonoran desert tortoises. ADOT None retained; all delegated to oversee for compliance Developer. BIO-15 The contractor shall develop procedures for encounters with sensitive species in the Environmental Management Plan. The procedures shall include allowing the animal to leave of its own accord or contacting a trained person if the animal needs to be removed from the work area. ADOT None retained; all delegated to oversee for compliance Developer. BIO-16 A biologist will be employed to complete a preconstruction survey for burrowing owls 96 hours prior to construction in all suitable habitat that will be disturbed. The biologist shall possess a burrowing owl survey protocol training certificate issued by AGFD. Upon completion of surveys, the survey results will be reviewed with the ADOT biologist and a course of action will be identified. ADOT will review and determine the course of action based on Developer’s survey. BIO-17 If any burrowing owls are located in the work area, the contractor shall immediately stop work at that location and notify the ADOT Engineer. The ADOT Engineer will contact the ADOT biologist to determine whether the owls could be avoided or must be relocated. The contractor shall not work within 100 feet of any active xxxxxx until the situation had been evaluated by the ADOT biologist. If the ADOT biologist determined that the owl must be relocated, a biologist holding a rehabilitation permit from USFWS will relocate burrowing owls from the project area. Developer shall contact ADOT must be contacted immediately if any burrowing owls are located in the Work area and ADOT will determine whether the owls could be avoided or must be relocated. TP Attachment 000-0 Xxxxx Xxxxxxxx Xxxxxxx Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer is responsible for performing and complying with all obligations of ADOT, except those obligations that are specifically identified below as being the obligations of ADOT.