The Virginian-Pilot
                            THE VIRGINIAN-PILOT  
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Sunday, March 26, 1995                 TAG: 9503260171
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL  
SOURCE: BY MAC DANIEL, STAFF WRITER
DATELINE: CHESAPEAKE                         LENGTH: Medium:   93 lines

CORRECTION/CLARIFICATION: ***************************************************************** A story Sunday about a nest that threatened a $25 million road-widening project on Interstate 64 contained errors. The nest did not halt the entire project; contractors chose to move to other areas of the job to give federal agents time to inspect the nest. Lake Taylor High School is in Norfolk, not Virginia Beach. And an osprey nest at the school has not been moved, although Norfolk has permission to do so. Correction published in The Virginian-Pilot on Tuesday, March 28, 1995, on page A2. ***************************************************************** CHESAPEAKE: BIRD NEST CAUSES INTERSTATE PROJECT TO RUN AFOUL

A $25 million road project has been temporarily halted because of a bunch of sticks stuck in the nook of a rickety tree.

As three miles of wooded median on Interstate 64 in Chesapeake is leveled to widen the road, a large bird's nest has been found in a tree due for demolition.

According to local bird experts, the nest could be home to an osprey or a horned owl, both of which are federally protected migratory birds.

Though federal wildlife officials haven't confirmed the type of nest, contractors for the state Transportation Department said Saturday that they have delayed work on that section of road until officials give word.

Contractors had planned to level the woods by Monday to make room for the interstate, which is expanding from four lanes to as many as 12 in some areas. The construction is taking place between the Indian River Road interchange and Battlefield Boulevard.

Steve Michel, a teacher at Great Bridge High School in Chesapeake, spotted the nest last Monday. Michel, who claims no expertise on birds, believes he saw an osprey flying from the nest in the tree, next to a large fluorescent-orange road sign warning of construction ahead.

Opreys usually live near large bodies of water. The nest is across from a large borrow pit. Bulldozers are working a quarter-mile away.

The nest was still there Saturday. However, no bird has been spotted during frequent checks in the last two days.

Wayne Terry and Ray Gilbertson, bird trainers at the Virginia Zoological Park in Norfolk, viewed negatives of the nest. Both said the nest belongs to a horned owl, not an osprey.

``It's nothing like any osprey nest I've ever seen,'' said Terry.

Ospreys, he said, generally build broad, flat platforms for their nests, which are usually at the tops of trees. The nests can be 4 feet across.

However, the nest in question is more suited for a horned owl, Terry said.

Told that there were no signs of life from the nest, and the ground had no signs of hunting, both experts said the nest probably is old and not in use.

If the nest is active, the road-widening project would be delayed until after the nesting season is over, which could range from late May to August.

But should it be an active owl's nest, the delay could be longer. Horned owls usually lay three to four eggs and use old crow or hawk nests. They lay eggs earlier and are much slower to let go of their young. The young cannot fly until they are 9 to 10 weeks old.

Although there is no way to calculate the cost of a possible delay, contractors will have to be paid for time off, according to Bill Cannell, VDOT spokesman.

Don Patterson, senior resident agent with U.S. Fish and Wildlife Service in Richmond, said that VDOT does not have a special purpose permit, which allows the agency to destroy the nest if it is not in use.

The federal Migratory Bird Treaty Act protects all migratory birds, from robins to hawks, owls and eagles.

Ospreys, large birds of prey in the hawk family, have white bellies and brown speckled tops. At this time of the year, they are in the early stages of their nesting cycles, according to Patterson. If the nest is home to ospreys, he said, the birds probably have not laid eggs yet.

Ospreys return to their nests year after year. Although they are a protected species, they can be a nuisance, nesting on Coast Guard buoys in open water, on top of cranes and in overhead lights on playing fields.

An overhead light on a baseball diamond at Lake Taylor High School in Virginia Beach has been home to an osprey family for years. Wildlife officials recently had to remove a new nest for fear the twigs would catch fire from the nearby lights.

``They cause some problems. Once they set their mind to a particular nesting place, they're a little hard to move,'' Patterson said.

``If that nest is active right now,'' he added, ``we'd probably be opposed to them knocking it down right now.'' ILLUSTRATION: Map

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