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Request” form and transmitting it to the Resident Engineer (with copies to the State Construction Engineer and District Engineer.) The Resident Engineer will be notified by telephone or fax, with a completed form following by mail.

Occasionally, Environmental Division will review a site with an adjacent area that contains a restraining condition. In these cases, the Resident Engineer or the RE’s

designated representative, the

representative of the Environmental Division, and a

representative of the Contractor will meet at the site after the Environmental Division completes the field inspection of the proposed site. The purpose of this meeting will be to clearly define the limits of the area containing the restraining condition and to insure that all parties are aware of the need to protect the area. The Contractor is responsible for flagging, staking, or using other appropriate devices around the area to prevent construction vehicles or equipment from encroaching on the area. The project inspection personnel should periodically visit the site to insure that no encroachment has occurred. Such inspections should be documented in the Resident Engineer’s Diary.


If, after having received approval, a site is opened and a Restraining

Condition is immediately. determination

found, the Resident Engineer shall notify the At the same time, work at that area shall be is made by the Environmental Division.

Environmental stopped until

Division a further

(5). Environmental clearance for enlargement or extension of an off-site location previously approved is to be handled in the same manner as a new site.

In the event that a restraining condition is discovered after operations have begun in an approved site or within the right-of-way, work in that area will stop immediately, in accordance with Subsection 107.10 of the Specifications, and the Environmental Division notified to initiate a review of the area.

When due to Contractor error or negligence, including site preparation prior to receiving proper clearance, improper handling of a Restraining Condition clearance will result in the Contractor’s loss of the use of that site.

Once a Restraining Condition clearance is obtained for an off-site location, the site must still meet all other specification requirements.

107.04 Preservation of Public and Private Property. Subsection 107.12 of the Standard Specifications details the Contractor's responsibility for protection, preservation, and restoration of private and public property. The Contractor is held responsible for any damage to public and private property.

(a) Contractor

Preservation of Land Monuments.









specifications provide that the disturbing land monuments or

property markers. has referenced or

It is also specified that they shall not be disturbed until the Engineer relocated them. Since such markers are easily overlooked during the

preliminary survey, the Resident Engineer should remind responsibility regarding such markers. Detailed instructions on

the Contractor of protection, recovery,

his and

movement of survey monuments are found in the removal of Federal monuments and bench

Appendix X. marks should

Correspondence relating to be handled by the Resident

Rev. 5-03-05

Page 100-48

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