Restoration at Breakneck Hill paused after killdeer nest found on construction corridor

Restoration work at the Breakneck Hill site was paused after a killdeer nest containing four eggs was discovered in the work area between existing ponded features and the access road. The species is protected by the Migratory Bird Treaty Act, and federal protections — and recent legal changes — make disturbance a legally sensitive matter.

Laura (Conservation staff) told the commission the nest location is within the restoration work area and that disturbing the nest would cause failure; TRC and ecological consultants advised that a protective perimeter be established and that work within the nest area must stop. Commission members discussed two operational responses: (1) continue and pay to hold equipment and crews on site (Strategic estimated $2,500 per day for standby) while limiting work outside the immediate nest area, or (2) demobilize equipment and remobilize later (estimated $7,000 remobilization cost) if the perimeter would block a large portion of work.

Commissioners decided to require an immediate pause of in‑stream work and directed the contractor to demobilize to avoid likely disturbance that could cause nest abandonment. The commission asked TRC and Strategic to preserve as much work as possible outside the fenced zone, to coordinate a plan for hastening safe relocation of chicks once hatched (if appropriate), and to re‑mobilize as schedule and permits allow. Commission members noted potential project schedule and seeding impacts if the pause extends into the fall seeding window; the contractor said demobilization risks unknown re‑mobilization dates depending on schedule availability.