Allowed Land Uses. The Cooperator is authorized to make use of their Enrolled Properties in any lawful manner that does not result in reducing the population and/or occupied habitat of Oregon chub below the established baseline conditions or a negotiated minimum population size. Under the terms and 10-year period of this Cooperative Agreement, the Cooperator agrees to avoid the following land use activities on the Enrolled Property: grazing of livestock, stocking of fish, introduction of potentially harmful non-native species (e.g. invasive plants, pets such as non-native amphibians or turtles, etc.), logging trees, removal of surrounding vegetation, use of herbicide or pesticide, and earthmoving activities within 100 feet of the pond. After the 10 year period is over, these activities will be covered by the permit authorizing incidental take of Oregon chub. After the 10-year Agreement period has ended, the Cooperator will notify the Service of intent to engage in any of the above activities, in writing, at least six months in advance. The Cooperator will consult the Service prior to conducting any of the above activities, with the exception of herbicide or pesticide application. In the case of herbicide or pesticide application, the Cooperator will consult with the Service prior to application in the vicinity of the Enrolled Properties. All chemical applications will be according to label specifications and will be non- persistent. The Service may decide to remove the fish from Property, depending upon the herbicide or pesticide utilized. The Cooperator will provide the Service with notice, in writing, six months in advance of any planned legal introductions of fish or amphibians to give the Service and the ODFW the opportunity to translocate Oregon chub from the site. The Incidental Take permit will be valid for 30 years and the Incidental Take permit can be renewed upon consent of all parties or can be transferred to a new landowner providing they agree to the terms and conditions of this SHA.
Allowed Land Uses. The parties agree that the land uses identified in Attachment A-2 are appropriate in the “Airport Use” comprehensive plan designation and in either the “Aviation Operations” or “Aviation Commercial” zones, as allocated in Attachment A-2. When the Port acquires property for a use identified in Attachment X- 0, the parties will follow the process described below under “Consistent Zoning” and “Inconsistent Zoning.” The Port shall reserve the right to apply the EPF process only to uses not listed in Attachment A-2. In the rare circumstance where the proposed use is not listed in Attachment A-2, the parties shall work cooperatively to determine whether the proposed use is an Airport Use. If the parties agree that the proposed use is an Airport Use, then the procedures in Section 2.3.2 shall apply. If the parties cannot agree that the proposed use is an Airport Use, then the parties shall go through Dispute Resolution as set forth in Section 13 of the XXX.
