Common use of Alternative A – Proposed Action Clause in Contracts

Alternative A – Proposed Action. ‌ Under the Proposed Action, Participants engaged in Covered Activities would implement Conservation Measures (see Section 2.1.4) to reduce the impacts of the Covered Activities within the Covered Area. The Conservation Measures are designed to provide a net conservation benefit by reducing and eliminating threats to the Covered Species through avoiding and offsetting the amount of anticipated take of the Covered Species, which is represented by the acreage of disturbance or loss of DSL Habitat. Under the Proposed Action, the Participants would avoid or minimize new disturbances including coordination between the 2020 DSL CCAA Administrator and non-Participants to maximize use of existing infrastructure, access roads, and rights-of-way (ROW) and minimize the footprint of development, traffic, and use of OHV consistent with the terms of the CCAA. The Participants engaging in Covered Activities associated with oil and gas, sand mining operations, renewable energy operations, and linear infrastructure would avoid new surface disturbance in areas categorized as High or Intermediate Suitability DSL Habitat under the Texas State University model (Hardy et al. 2018), subject to certain exceptions and requirements including disturbance limits, payment of Habitat Conservation Fees, feasibility constraints, and specified thresholds of oil well pad densities. Participants conducting seismic activities would refrain from using heavy machinery in these areas. Participants conducting agriculture or ranching Covered Activities would also refrain from initiating new or increased levels of agricultural and ranching in areas categorized as High or Intermediate Suitability DSL Habitat. Sand mining Participants would implement an annual limit on new surface disturbance on their Enrolled Properties and avoid areas where site-specific surveys for the Covered Species indicate potential presence based on ground cover types or detection of individuals, unless that new surface disturbance can be offset as described in the 2020 DSL CCAA. The 2020 DSL CCAA Administrator would work with Participants and non- Participants in the Covered Area to limit disturbance to 34,940 acres of DSL Habitat, or approximately 12% of the Covered Area, over the CCAA and permit term. Although avoidance is subject to certain exceptions, and there may still be loss, modification, and fragmentation of habitat, the disturbance limits and offsets are still anticipated to reduce threats to the Covered Species by minimizing the threat of habitat loss. The CCAA as written does not address the genetic components of the species identified in the populations identified by Xxxx et al 2020. Prior to new disturbance of DSL Habitat, Participants would pay fees that would be used for Conservation Actions, including restoration and reclamation of disturbed areas, or would conserve lands similar to those subject to disturbance at a 1:1 acre ratio (see Chapter 8.4 of the 2020 DSL CCAA). Fees would be used to protect, restore, reclaim, and re-grade existing and newly disturbed areas. Participants conducting Covered Activities in the Covered Activities would also restore, reclaim and re-grade disturbed areas, as determined by participation requirements of the 2020 DSL CCAA. During restoration, reclamation and re-grading activities, the Covered Species may be inadvertently killed through use of heavy equipment during ground disturbing activities. Prioritizing avoidance of High or Intermediate Suitability DSL Habitat throughout the Covered Area would temporarily and permanently benefit populations of the Covered Species by not curtailing movement and distribution of individuals present in those habitat areas (Xxxxxxxx et al. 2013; Xxxxxxx et al. 2016; Xxxx and Xxxxx 1998; Xxxxx et al. 2018). Fragmentation of habitat may be reduced through incentives and prioritization of Covered Activities outside of areas used by Covered Species and into areas of existing disturbance. These measures and other measures to exclude entry or allow escape of the Covered Species into or from areas of disturbance may also reduce potential loss of individuals or of nests that would be avoided as a result of the Conservation Measures. There is no consideration specifically in the CCAA for reducing fragmentation or habitat loss to the point where meta-populations and the four phylogenetic groups in the covered area identified by Chan et. al. (2020) can be maintained. While the general avoidance of high and intermediate suitability habitats may reduce these impacts, the exceptions to this avoidance reduces the effectiveness of these conservation measures in maintaining genetic representation, resilience and redundancy need to ensure the species long term survives. Conservation Measures designed to conserve groundwater may indirectly benefit the Covered Species if use of groundwater negatively affects the vegetation or dune structure of occupied or potentially suitable habitat of the Covered Species (Xxxxxxxxxx 1984; Muhs and Xxxxxxxx 1995, 2001; Xxxxxxxx and Xxxx 1998). However, the pumping of subsurface ground water from sand mines is likely to result in impacts to surrounding vegetation, especially when exasperated by drought conditions. Information on groundwater supply and use is limited in the Covered Area; therefore, the extent of benefits this measure may have on the Covered Species is unknown. Loss, modification, and fragmentation of habitat may occur under the Proposed Action; however, avoidance of priority habitat, disturbance limits, and offsets would temporarily and permanently reduce impacts to the Covered Species and minimize habitat loss. Implementation of the Conservation Measures as feasible may result in temporary and permanent protection, conservation, and restoration of DSL Habitat throughout the Covered Area and may result in an increase in likelihood of use by the Covered Species relative to the amount of participation in the 2020 DSL CCAA. As a result, the Proposed Action is likely to result in short- to long-term moderate to major impacts from habitat loss, fragmentation, and impacts on the genetic representation. It is likely to have minor to moderate, short- to long-term benefits may be realized depending on the level of enrollment, consistency of avoidance and minimization to protect habitat as it cannot be restored on human timeframe.

Alternative A – Proposed Action. ‌ Under ‌ 1). These activities would reduce and minimize the Proposed Actiondisturbance, Participants engaged in Covered Activities removal or modification of vegetation during restoration, reclamation and re-grading. Over the long-term, these activities would implement Conservation Measures (see Section 2.1.4) to reduce the impacts of help reestablish vegetation throughout the Covered Activities within Area and would not change the Covered Area. The Conservation Measures are designed overall viability of plant communities, but it is not clear whether full restoration is likely to provide a net conservation benefit by reducing and eliminating threats to the Covered Species through avoiding and offsetting the amount of anticipated take of the Covered Species, which is represented by the acreage of disturbance or loss of DSL Habitatoccur. Under the Proposed Action, the all Participants would be required to avoid or minimize new disturbances including coordination between High and Intermediate Suitability Habitat of the 2020 DSL CCAA Administrator and nonCovered Species for all Covered Activities subject to a narrow set of sector-Participants to maximize use of existing infrastructure, access roadsspecific exceptions, and rights-of-way (ROW) and minimize the footprint shift their operations out of developmentDSL Habitat, traffic, and use of OHV consistent with the terms of the CCAA. The Participants engaging in Covered Activities associated with oil and gas, sand mining operations, renewable energy operations, and linear infrastructure would avoid new surface disturbance in to areas categorized as Low Suitability Habitat, or to areas with existing development. Honey mesquite is an invasive species (NRCS 2020b) found in Low Suitability Habitat. By shifting Covered Activities to Low Suitability areas that may contain honey mesquite, this invasive species would be removed as part of development activities. Minimizing disturbance in High or and Intermediate Suitability DSL Habitat under the Texas State University model (Hardy et al. 2018)habitat would reduce native vegetation removal, subject to certain exceptions and requirements including disturbance limits, payment of Habitat Conservation Fees, feasibility constraints, and specified thresholds of oil well pad densities. Participants conducting seismic activities would refrain from using heavy machinery in these areas. Participants conducting agriculture or ranching Covered Activities would also refrain from initiating new or increased levels of agricultural and ranching in areas categorized as High or Intermediate Suitability DSL Habitat. Sand mining Participants would implement an annual limit on new surface disturbance on their Enrolled Properties and avoid areas where site-specific surveys vegetation that provides habitat for the Covered Species indicate potential presence based Species, such as the shinnery oak. Conservation Measures are also aimed at reducing the spread of invasive plant species by avoiding non- native vegetation; using habitat appropriate native vegetation and best management practices, such as cleaning vehicles coming into the area to remove mud and seeds; and identifying and removing any invasive vegetation incidentally introduced during the Covered Activities. These proposed measures may reduce competition of available resources between native and invasive plant species (Xxxxxxxxxx 1984 Xxxxxxxx and Xxxx 1998). Aerial application of herbicides would be avoided to reduce risk of herbicide drift to non-target areas and thus measure and control of invasive plant species. These activities would reduce invasive plant species and would support native vegetation and vegetation communities, including those that provide habitat for the Covered Species. Conservation Measures would be implemented for Covered Activities related to the sand mining including caps on ground cover types or detection of individuals, unless that new annual surface disturbance can be offset and offsets of surface disturbance, as described in Section 4.3, Soils. Limits to surface disturbance would minimize or avoid the 2020 DSL CCAAremoval of vegetation. The 2020 DSL CCAA Administrator Conservation Measures to reduce and manage use of groundwater for the sand mining industry would work with Participants reduce impacts on vegetation and non- Participants vegetation communities from the removal of water from pits in the sand mine, which is the groundwater in perched aquifers and subsurface water supply for vegetation in the Covered Area to limit disturbance to 34,940 acres of DSL Habitat, or approximately 12% of the Covered Area, over the CCAA and permit term. Although avoidance is subject to certain exceptions, and there may still be loss, modification, and fragmentation of habitat, the disturbance limits and offsets are still anticipated to reduce threats to the Covered Species by minimizing the threat of habitat loss. The CCAA as written does not address the genetic components of the species identified in the populations identified by Xxxx et al 2020. Prior to new disturbance of DSL Habitat, Participants would pay fees that would be used for Conservation Actions, including restoration and reclamation of disturbed areas, or would conserve lands similar to those subject to disturbance at a 1:1 acre ratio (see Chapter 8.4 of the 2020 DSL CCAA). Fees would be used to protect, restore, reclaim, and re-grade existing and newly disturbed areas. Participants conducting Covered Activities in the Covered Activities would also restore, reclaim and re-grade disturbed areas, as determined by participation requirements of the 2020 DSL CCAA. During restoration, reclamation and re-grading activities, the Covered Species may be inadvertently killed through use of heavy equipment during ground disturbing activities. Prioritizing avoidance of High or Intermediate Suitability DSL Habitat throughout the Covered Area would temporarily and permanently benefit populations of the Covered Species by not curtailing movement and distribution of individuals present in those habitat areas (Xxxxxxxx et al. 2013; Xxxxxxx et al. 2016; Xxxx and Xxxxx 1998; Xxxxx et al. 2018). Fragmentation of habitat may be reduced through incentives and prioritization of Covered Activities outside of areas used by Covered Species and into areas of existing disturbance. These measures and other measures to exclude entry or allow escape of the Covered Species into or from areas of disturbance may also reduce potential loss of individuals or of nests that would be avoided as a result of the Conservation Measures. There is no consideration specifically in the CCAA for reducing fragmentation or habitat loss to the point where meta-populations and the four phylogenetic groups in the covered area identified by Chan et. al. (2020) can be maintained. While the general avoidance of high and intermediate suitability habitats may reduce these impacts, the exceptions to this avoidance reduces the effectiveness of these conservation measures in maintaining genetic representation, resilience and redundancy need to ensure the species long term survives. Conservation Measures designed to conserve groundwater may indirectly benefit the Covered Species if use of groundwater negatively affects the vegetation or dune structure of occupied or potentially suitable habitat of the Covered Species (Xxxxxxxxxx 1984; Muhs and Xxxxxxxx 1995, 2001; Xxxxxxxx and Xxxx 1998). HoweverConservation Measures would minimize or avoid disturbance to or removal or modification of vegetation during surface disturbance, the pumping of subsurface ground water from sand mines is likely to result in impacts to surrounding vegetationrestoration, especially when exasperated by drought conditionsreclamation, and re-grading activities. Information on groundwater supply and use is limited Where surface disturbance would occur in the Covered Area; therefore, the extent a portion of benefits this measure may have on the Covered Species is unknown. Loss, modification, and fragmentation of habitat may occur under the Proposed Action; however, avoidance of priority habitat, disturbance limits, and offsets would temporarily and permanently reduce impacts to the Covered Species and minimize habitat loss. Implementation of the Conservation Measures as feasible may result in temporary and permanent protection, conservation, and restoration of DSL Habitat throughout the Covered Area and may result in an increase in likelihood of use by the Covered Species relative to the amount of fees collected for participation in the proposed 2020 DSL CCAA could be used to purchase conservation easements and other protections to preserve DSL habitat and its associated vegetation communities in large, continuous blocks for at least life of the 2020 DSL CCAA, thereby reducing the areas of surface disturbance and removal of vegetation. Conservation Measures would help minimize disturbance to vegetation and would help support the re-establishment of vegetation communities over the long-term. As a result, the Proposed Action would likely result in short- and long-term, minor to moderate impacts from the soil impact on sediment movement and loss of shinnery oak from clearing in unavoidable high and intermediate suitable DSL habitats and the inability to re-establish shinnery oak. The Action Alternative is likely to result in short- to long-term moderate to major impacts from habitat loss, fragmentation, and impacts on the genetic representation. It is likely to have provide minor to moderate, short- to and long-term benefits may be realized to vegetation in the Covered Area depending on the level of enrollment, consistency of avoidance enrollment and minimization to protect habitat as it cannot be restored on human timeframefeasibility.

Alternative A – Proposed Action. ‌ Under The total maximum surface disturbance associated with the Proposed Action, Participants engaged in Covered Activities in the Covered Area is 34,940 acres. Surface disturbance during restoration, reclamation and re-grading would temporarily result in the disturbance of localized soils. Surface disturbance associated with the Covered Activities would be subject to Conservation Measures to reduce direct impacts to the soils and increase conservation of soils in the Covered Area. All Participants for all Covered Activities except the agriculture and ranching sectors would implement Conservation Measures (see Section 2.1.4) to reduce the impacts of the Covered Activities within the Covered Area. The Conservation Measures are designed to provide a net conservation benefit by reducing and eliminating threats to the Covered Species avoid new surface disturbance through avoiding and offsetting the amount of anticipated take of the Covered Species, which is represented by the acreage of disturbance or loss of DSL Habitat. Under the Proposed Action, the Participants would avoid or minimize new disturbances including coordination between the 2020 DSL CCAA Administrator and non-Participants to maximize on use of existing infrastructure, access roads, and rights-of-way (ROW) ROWs. Reduced development footprints are intended to reduce the amount of surface disturbance on Enrolled Properties. Implementing site specific plans to maximize use of existing infrastructure, access roads and ROWs and minimize the footprint of development, traffic, traffic and use of OHV consistent with would reduce the terms direct adverse impacts on soils pertaining to their removal and disturbance. Conservation Measures would be implemented to restore ROWs, reclaim abandoned oil well pads and roads, and re-grade disturbed areas. These activities would minimize the loss and alteration of soils in the Covered Area. The reduction of surface disturbance would also reduce wind erosion and vegetation removal (by preserving sand dune stabilizing vegetation), thereby indirectly reducing the loss and alteration of soils (Xxxxxxxxxx 1984; Muhs and Xxxxxxxx 1995, 2001; NRCS 2020). Under the Proposed Action, all Participants would be required to avoid High and Intermediate Suitability Habitat of the Covered Species for all Covered Activities subject to a set of sector-specific exceptions, and shift their operations out of DSL Habitat to areas categorized as Low Suitability Habitat or to areas with existing development (e.g., where oil well pad densities are greater than 13 xxxxx pads/mi2). Dynamic dunelands, which are more susceptible to wind erosion from vegetation removal, are found in the High and Intermediate Suitability Habitat. By shifting activities away from dunelands to relatively flatter and more stable areas less susceptible to wind erosion (Machenberg 1984; Muhs and Xxxxxxxx 1995, 2001; NRCS 2020), soil losses and alterations would be reduced. Conservation Measures would be implemented for Covered Activities related to sand mining including limiting annual surface disturbance to 60 acres, total disturbance per mine on enrolled parcel to 1,380 acres, and total surface disturbance for the entire sector to 16,560 acres for the term of the proposed 2020 DSL CCAA. The Participants engaging in Covered Activities associated with oil and gas, sand mining operations, renewable energy operations, and linear infrastructure Caps on new surface disturbance would avoid limit to new surface disturbance in areas categorized as High or Intermediate Suitability the Covered Areas to less than 6% (16,560 acres) of DSL Habitat under the Texas State University model (Hardy et al. 2018), subject to certain exceptions and requirements including disturbance limits, payment of Habitat Conservation Fees, feasibility constraints, and specified thresholds of oil well pad densities. Participants conducting seismic activities would refrain from using heavy machinery in these areas. Participants conducting agriculture or ranching Covered Activities would also refrain from initiating new or increased levels of agricultural and ranching in areas categorized as High or Intermediate Suitability DSL Habitat. Sand mining Participants would implement an annual limit on new surface disturbance on their Enrolled Properties and avoid areas where site-specific surveys for the Covered Species indicate potential presence based on ground cover types or detection of individuals, unless that new surface disturbance can be offset as described in the 2020 DSL CCAA. The 2020 DSL CCAA Administrator would work with Participants and non- Participants in the Covered Area to limit disturbance to 34,940 acres of DSL Habitat, or approximately 12% of the Covered Area, over the CCAA and permit term(287,327 acres). Although avoidance is All new surface disturbances would be subject to certain exceptions, and there may still be loss, modification, and fragmentation offsets either through payment of habitat, the disturbance limits and offsets are still anticipated to reduce threats to the Covered Species by minimizing the threat of habitat loss. The CCAA as written does not address the genetic components of the species identified in the populations identified by Xxxx et al 2020. Prior to new disturbance of DSL Habitat, Participants would pay fees that would be used for Conservation Actions, Actions including restoration and reclamation of disturbed areas, areas or would conserve lands through conservation of areas similar to those subject to disturbance at a 1:1 acre ratio (see Chapter 8.4 of the 2020 DSL CCAA). Fees would be used to protect, restore, reclaim, and re-grade existing and newly disturbed areas. Participants conducting Covered Activities in the Covered Activities would also restore, reclaim and re-grade disturbed areas, as determined by participation requirements of the 2020 DSL CCAA. During restoration, reclamation and re-grading activities, the Covered Species may be inadvertently killed through use of heavy equipment during ground disturbing activities. Prioritizing avoidance of High or Intermediate Suitability DSL Habitat throughout the Covered Area would temporarily and permanently benefit populations of the Covered Species by not curtailing movement and distribution of individuals present in those habitat areas (Xxxxxxxx et al. 2013; Xxxxxxx et al. 2016; Xxxx and Xxxxx 1998; Xxxxx et al. 2018). Fragmentation of habitat may be reduced through incentives and prioritization of Covered Activities outside of areas used by Covered Species and into areas of existing disturbance. These measures and other measures to exclude entry or allow escape of the Covered Species into or from areas of disturbance may also reduce potential loss of individuals or of nests that would be avoided as a result of the Conservation Measures. There is no consideration specifically in the CCAA for reducing fragmentation or habitat loss to the point where meta-populations and the four phylogenetic groups in the covered area identified by Chan et. al. (2020) can be maintained. While the general avoidance of high and intermediate suitability habitats may reduce these impacts, the exceptions to this avoidance reduces the effectiveness of these conservation measures in maintaining genetic representation, resilience and redundancy need to ensure the species long term survivesratio. Conservation Measures designed to conserve groundwater may indirectly benefit the Covered Species if reduce and manage use of groundwater negatively affects for the sand mining industry would reduce the amount of water used and help maintenance of ground water needed to stabilize sand deposits beneath the dunes and supply water for vegetation or dune structure of occupied or potentially suitable habitat of on the Covered Species dunes, thereby indirectly reducing impacts to soils in these areas (Xxxxxxxxxx Machenberg 1984; Muhs and Xxxxxxxx 1995, 2001; Xxxxxxxx and Xxxx 1998). However, the pumping of subsurface ground water Soil loss and alteration from sand mines is likely to result in impacts to surrounding vegetation, especially when exasperated by drought conditions. Information on groundwater supply and use is limited in the Covered Area; therefore, the extent of benefits this measure may have on the Covered Species is unknown. Loss, modification, and fragmentation of habitat may occur Activities would be reduced under the Proposed Action; howeverAction through avoidance and conservation of High and Intermediate Suitability Habitat containing dynamic dunelands and through reduced surface disturbance. In addition, avoidance of priority habitat, disturbance limits, and offsets would temporarily and permanently reduce impacts to the Covered Species and minimize habitat loss. Implementation a portion of the Conservation Measures as feasible may result in temporary and permanent protection, conservation, and restoration of DSL Habitat throughout the Covered Area and may result in an increase in likelihood of use by the Covered Species relative to the amount of fees collected for participation in the proposed CCAA may be used to purchase conservation easements to preserve DSL habitat and its associated vegetation communities in large, continuous blocks for at least the life of the 2020 DSL CCAA, thereby reducing the areas of soil disturbance and the conservation of existing soils if utilized by the administrator. As a result, the Proposed Action is likely to result in short- short to long-term moderate term, minor to major impacts from habitat loss, fragmentation, disturbance of surface soil and impacts removal of sand sediments in the dunes by disturbing the dynamics of the dunes geomorphology; and minor short- -term benefits to soils in the Covered Area will occur through implementation of minimization measures and caps on the genetic representation. It is likely to have minor to moderate, short- to long-term benefits may be realized depending on the level of enrollment, consistency of avoidance and minimization to protect habitat as it cannot be restored on human timeframeannual surface disturbance by mine participants.

Alternative A – Proposed Action. ‌ Under the Proposed Action, Participants engaged in Covered Activities would implement Conservation Measures (see Section 2.1.42.1.4 above) to reduce the impacts of the Covered Activities within the Covered Area. The Conservation Measures are designed to provide a net conservation benefit by reducing and eliminating threats to the Covered Species through avoiding and offsetting the amount of anticipated take of the Covered Species, which is represented by the acreage of disturbance or loss of DSL Habitat. Under the Proposed Action, the Participants would avoid or minimize new disturbances including coordination between the 2020 DSL CCAA Administrator and non-Participants to maximize use of existing infrastructure, access roads, and rights-of-way (ROW) and minimize the footprint of development, traffic, and use of OHV consistent with the terms of the CCAA. The Participants engaging in Covered Activities associated with oil and gas, sand mining operations, renewable energy operations, and linear infrastructure would avoid new surface disturbance in areas categorized as High or Intermediate Suitability DSL Habitat under the Texas State University model (Hardy et al. 2018), subject to certain exceptions and requirements including disturbance limits, payment of Habitat Conservation Fees, feasibility constraints, and specified thresholds of oil well pad densities. Participants conducting seismic activities would refrain from using heavy machinery in these areas. Participants conducting agriculture or ranching Covered Activities would also refrain from initiating new or increased levels of agricultural and ranching in areas categorized as High or Intermediate Suitability DSL Habitat. Sand mining Participants would implement an annual limit on new surface disturbance on their Enrolled Properties and avoid areas where site-specific surveys for the Covered Species indicate potential presence based on ground cover types or detection of individuals, unless that new surface disturbance can be offset as described in the 2020 DSL CCAA. The 2020 DSL CCAA Administrator would work with Participants and non- Participants in the Covered Area to limit disturbance to 34,940 acres of DSL Habitat, or approximately 12% 12 percent of the Covered Area, over the 23-year CCAA and permit Permit term. Although avoidance is subject to certain exceptions, and there may still be loss, modification, and fragmentation of habitat, the disturbance limits and offsets are still anticipated to reduce threats to the Covered Species by minimizing the threat of habitat loss. The CCAA as written does not address the genetic components of the species identified in the populations identified by Xxxx et al 2020. Prior to new disturbance of DSL Habitat, Participants would pay fees that would be used for Conservation Actions, including restoration and reclamation of disturbed areas, or would conserve lands similar to those subject to disturbance at a 1:1 acre ratio (see Chapter 8.4 of the 2020 DSL CCAA). Fees would be used to protect, restore, reclaim, and re-grade existing and newly disturbed areas. Participants conducting Covered Activities in the Covered Activities would also restore, reclaim and re-grade disturbed areas, as determined by participation requirements of the 2020 DSL CCAA. During restoration, reclamation and re-grading activities, the Covered Species may be inadvertently killed through use of heavy equipment during ground disturbing activities. Prioritizing avoidance of High or Intermediate Suitability DSL Habitat throughout the Covered Area would temporarily and permanently benefit populations of the Covered Species by not curtailing movement and distribution of individuals present in those habitat areas (Xxxxxxxx et al. 2013; Xxxxxxx et al. 2016; Xxxx and Xxxxx 1998; Xxxxx et al. 2018). Fragmentation of habitat may be reduced through incentives and prioritization of Covered Activities outside of areas used by Covered Species and into areas of existing disturbance. These measures and other measures to exclude entry or allow escape of the Covered Species into or from areas of disturbance may also reduce potential loss of individuals or of nests that would be avoided as a result of the Conservation Measures. There is no consideration specifically in the CCAA for reducing fragmentation or habitat loss to the point where meta-populations and the four phylogenetic groups in the covered area identified by Chan et. al. (2020) can be maintained. While the general avoidance of high and intermediate suitability habitats may reduce these impacts, the exceptions to this avoidance reduces the effectiveness of these conservation measures in maintaining genetic representation, resilience and redundancy need to ensure the species long term survives. Conservation Measures designed to conserve groundwater may indirectly benefit the Covered Species if use of groundwater negatively affects the vegetation or dune structure of occupied or potentially suitable habitat of the Covered Species (Xxxxxxxxxx 1984; Muhs and Xxxxxxxx 1995, 2001; Xxxxxxxx and Xxxx 1998). However, the pumping of subsurface ground water from sand mines is likely to result in impacts to surrounding vegetation, especially when exasperated by drought conditions. Information on groundwater supply and use is limited in the Covered Area; therefore, the extent of benefits this measure may have on the Covered Species is unknown. Loss, modification, and fragmentation of habitat may occur under the Proposed Action; however, avoidance of priority habitat, disturbance limits, and offsets would temporarily and permanently reduce impacts to the Covered Species and minimize habitat loss. Implementation of the Conservation Measures as feasible may result in temporary and permanent protection, conservation, and restoration of DSL Habitat throughout the Covered Area and may result in an increase in likelihood of use by the Covered Species relative to the amount of participation in the 2020 DSL CCAA. As a result, the Proposed Action is likely to result in short- to long-term moderate to major impacts from habitat loss, fragmentation, and impacts on the genetic representation. It is likely to have minor to moderate, short- to long-term benefits may be realized depending on the level of enrollment, consistency of avoidance and minimization to protect habitat as it cannot be restored on human timeframe.

Alternative A – Proposed Action. ‌ Under Surface disturbance under the Proposed ActionAction would occur, Participants engaged resulting in the disturbance or removal of vegetation. Surface disturbance associated with the Covered Activities would implement be subject to Conservation Measures (see Section 2.1.4) to reduce the impacts of the Covered Activities within the Covered Area. The Conservation Measures are designed to provide a net conservation benefit by reducing and eliminating threats to the Covered Species through avoiding and offsetting vegetation, such as limiting the amount of anticipated take of the Covered Species, which is represented by the acreage of acres disturbed and encouraging smaller disturbance or loss of DSL Habitatfootprints. Under the Proposed Action, the entire area where surface disturbance would occur would be subject to Conservation Measures to reduce impacts to vegetation and augment conservation of vegetation in the Covered Area. All Participants except the agriculture and ranching sector and local governments would avoid or minimize new disturbances including coordination between the 2020 DSL CCAA Administrator and non-Participants implement site specific plans to maximize use of existing infrastructure, access roads, and rights-of-way (ROW) ROWs and minimize the footprint of development, traffic, traffic and use of OHV consistent with the terms OHV. Implementation of the CCAA. The Participants engaging in Covered Activities associated with oil and gas, sand mining operations, renewable energy operations, and linear infrastructure would avoid new surface disturbance in areas categorized as High or Intermediate Suitability DSL Habitat under the Texas State University model (Hardy et al. 2018), subject to certain exceptions and requirements including disturbance limits, payment of Habitat Conservation Fees, feasibility constraints, and specified thresholds of oil well pad densities. Participants conducting seismic activities would refrain from using heavy machinery in these areas. Participants conducting agriculture or ranching Covered Activities would also refrain from initiating new or increased levels of agricultural and ranching in areas categorized as High or Intermediate Suitability DSL Habitat. Sand mining Participants would implement an annual limit on new surface disturbance on their Enrolled Properties and avoid areas where site-specific surveys for plans would reduce the Covered Species indicate potential presence based direct adverse impacts on ground cover types or detection of individuals, unless that new surface disturbance can be offset as described in the 2020 DSL CCAAvegetation pertaining to their removal and disturbance. The 2020 DSL CCAA Administrator would work with Participants and non- Participants in the Covered Area to limit disturbance to 34,940 acres of DSL Habitat, or approximately 12% of the Covered Area, over the CCAA and permit term. Although avoidance is subject to certain exceptions, and there may still be loss, modification, and fragmentation of habitat, the disturbance limits and offsets are still anticipated to reduce threats to the Covered Species by minimizing the threat of habitat loss. The CCAA as written does not address the genetic components of the species identified in the populations identified by Xxxx et al 2020. Prior to new disturbance of DSL Habitat, Participants would pay fees that Conservation Measures would be used for Conservation Actionsimplemented to restore and reclaim ROWs, including restoration reclaim abandoned oil well pads and reclamation of disturbed areasroads, or would conserve lands similar to those subject to disturbance at a 1:1 acre ratio (see Chapter 8.4 of the 2020 DSL CCAA). Fees would be used to protect, restore, reclaim, and re-grade existing and newly vegetate disturbed areas. Participants conducting Covered Activities in the Covered Activities would also restoreareas with native plants, reclaim and re-grade disturbed areas. All surface disturbance associated with Covered Activities except the agriculture and ranching sector must be offset as described for soils (Section 4.3.1 above). These activities would reduce and minimize the disturbance, as determined by participation requirements removal or modification of the 2020 DSL CCAA. During vegetation during restoration, reclamation and re-grading activitiesgrading. Over the long-term, the Covered Species may be inadvertently killed through use of heavy equipment during ground disturbing activities. Prioritizing avoidance of High or Intermediate Suitability DSL Habitat these activities would help reestablish vegetation throughout the Covered Area and would temporarily not change the overall viability of plant communities, but it is not clear whether full restoration is likely to occur. Under the Proposed Action, all Participants would be required to avoid High and permanently benefit populations Intermediate Suitability Habitat of the Covered Species by not curtailing movement and distribution of individuals present in those habitat areas (Xxxxxxxx et al. 2013; Xxxxxxx et al. 2016; Xxxx and Xxxxx 1998; Xxxxx et al. 2018). Fragmentation of habitat may be reduced through incentives and prioritization of for all Covered Activities outside subject to a narrow set of sector-specific exceptions, and shift their operations out of DSL Habitat, to areas used by categorized as Low Suitability Habitat, or to areas with existing development. Honey mesquite is an invasive species (NRCS 2020b) found in Low Suitability Habitat. By shifting Covered Species Activities to Low Suitability areas that may contain honey mesquite, this invasive species would be removed as part of development activities. Minimizing disturbance in High and into areas of existing disturbance. These measures and other measures to exclude entry or allow escape of Intermediate Suitability habitat would reduce native vegetation removal, including vegetation that provides habitat for the Covered Species into or from areas of disturbance may also reduce potential loss of individuals or of nests that would be avoided Species, such as a result of the Conservation Measures. There is no consideration specifically in the CCAA for reducing fragmentation or habitat loss to the point where meta-populations and the four phylogenetic groups in the covered area identified by Chan et. al. (2020) can be maintained. While the general avoidance of high and intermediate suitability habitats may reduce these impacts, the exceptions to this avoidance reduces the effectiveness of these conservation measures in maintaining genetic representation, resilience and redundancy need to ensure the species long term survivesshinnery oak. Conservation Measures designed are also aimed at reducing the spread of invasive plant species by avoiding non- native vegetation; using habitat appropriate native vegetation and best management practices, such as cleaning vehicles coming into the area to conserve groundwater may indirectly benefit remove mud and seeds; and identifying and removing any invasive vegetation incidentally introduced during the Covered Species if use Activities. These proposed measures may reduce competition of groundwater negatively affects the vegetation or dune structure of occupied or potentially suitable habitat of the Covered Species available resources between native and invasive plant species (Xxxxxxxxxx 1984; Muhs and Xxxxxxxx 1995, 2001; 1984 Xxxxxxxx and Xxxx 1998). HoweverAerial application of herbicides would be avoided to reduce risk of herbicide drift to non-target areas and thus measure and control of invasive plant species. These activities would reduce invasive plant species and would support native vegetation and vegetation communities, including those that provide habitat for the Covered Species. Conservation Measures would be implemented for Covered Activities related to the sand mining including caps on annual surface disturbance and offsets of surface disturbance, as described in Section 4.3, Soils. Limits to surface disturbance would minimize or avoid the removal of vegetation. As discussed above (see Sections 4.2.1, 4.3.1, and 4.4.1), Conservation Measures to reduce and manage use of groundwater for the sand mining industry could reduce impacts on vegetation and vegetation communities, particularly if they reduce any pumping from perched aquifers. Conservation Measures would minimize or avoid disturbance to or removal or modification of subsurface ground water from sand mines is likely to result in impacts to surrounding vegetationvegetation during surface disturbance, especially when exasperated by drought conditionsrestoration, reclamation, and re-grading activities. Information on groundwater supply and use is limited Where surface disturbance would occur in the Covered Area; therefore, the extent a portion of benefits this measure may have on the Covered Species is unknown. Loss, modification, and fragmentation of habitat may occur under the Proposed Action; however, avoidance of priority habitat, disturbance limits, and offsets would temporarily and permanently reduce impacts to the Covered Species and minimize habitat loss. Implementation of the Conservation Measures as feasible may result in temporary and permanent protection, conservation, and restoration of DSL Habitat throughout the Covered Area and may result in an increase in likelihood of use by the Covered Species relative to the amount of fees collected for participation in the proposed 2020 DSL CCAA could be used to purchase conservation easements and other protections to preserve DSL habitat and its associated vegetation communities in large, continuous blocks for at least the 23-year term of the 2020 DSL CCAA, thereby reducing the areas of surface disturbance and removal of vegetation. Conservation Measures would help minimize disturbance to vegetation and would help support the re- establishment of vegetation communities over the long-term. As a result, the Proposed Action is would likely to result in short- to longshort-term moderate , minor impacts (i.e., disturbance or change to major impacts from habitat loss, fragmentation, vegetation communities) and impacts on the genetic representation. It is likely to have minor to moderate, short- to and long-term benefits may be realized depending on to vegetation in the level of enrollmentCovered Area. Given these findings, consistency of avoidance and minimization the Proposed Action would not result in significant impacts to protect habitat as it cannot be restored on human timeframevegetation resources.

Alternative A – Proposed Action. ‌ Under The total maximum surface disturbance associated with the Proposed Action, Participants engaged in Covered Activities in the Covered Area is 34,940 acres. Surface disturbance during restoration, reclamation and re-grading would temporarily result in the disturbance of localized soils. Surface disturbance associated with the Covered Activities would be subject to Conservation Measures to reduce direct impacts to the soils and increase conservation of soils in the Covered Area. All Participants for all Covered Activities except the agriculture and ranching sectors would implement Conservation Measures (see Section 2.1.4) to reduce the impacts of the Covered Activities within the Covered Area. The Conservation Measures are designed to provide a net conservation benefit by reducing and eliminating threats to the Covered Species avoid new surface disturbance through avoiding and offsetting the amount of anticipated take of the Covered Species, which is represented by the acreage of disturbance or loss of DSL Habitat. Under the Proposed Action, the Participants would avoid or minimize new disturbances including coordination between the 2020 DSL CCAA Administrator and non-Participants to maximize on use of existing infrastructure, access roads, and rights-of-way (ROW) ROWs. Reduced development footprints are intended to reduce the amount of surface disturbance on Enrolled Properties. Implementing site specific plans to maximize use of existing infrastructure, access roads and ROWs and minimize the footprint of development, traffic, traffic and use of OHV consistent with would reduce the terms direct adverse impacts on soils pertaining to their removal and disturbance. Conservation Measures would be implemented to restore ROWs, reclaim abandoned oil well pads and roads, and re-grade disturbed areas. These activities would minimize the loss and alteration of soils in the Covered Area. The reduction of surface disturbance would also reduce wind erosion and vegetation removal (by preserving sand dune stabilizing vegetation), thereby indirectly reducing the loss and alteration of soils (Xxxxxxxxxx 1984; Muhs and Xxxxxxxx 1995, 2001; NRCS 2020). Under the Proposed Action, all Participants would be required to avoid High and Intermediate Suitability Habitat of the Covered Species for all Covered Activities subject to a set of sector-specific exceptions, and shift their operations out of DSL Habitat to areas categorized as Low Suitability Habitat or to areas with existing development (e.g., where oil well pad densities are greater than 13 xxxxx pads/mi2). Dynamic dunelands, which are more susceptible to wind erosion from vegetation removal, are found in the High and Intermediate Suitability Habitat. By shifting activities away from dunelands to relatively flatter and more stable areas less susceptible to wind erosion (Machenberg 1984; Muhs and Xxxxxxxx 1995, 2001; NRCS 2020), soil losses and alterations would be reduced. Conservation Measures would be implemented for Covered Activities related to sand mining including limiting annual surface disturbance to 60 acres, total disturbance per mine on enrolled parcel to 1,380 acres, and total surface disturbance for the entire sector to 16,560 acres for the 23-year term of the proposed 2020 DSL CCAA. The Participants engaging in Covered Activities associated with oil and gas, sand mining operations, renewable energy operations, and linear infrastructure Caps on new surface disturbance would avoid limit to new surface disturbance in areas categorized as High or Intermediate Suitability the Covered Areas to less than 6% (16,560 acres) of DSL Habitat under the Texas State University model (Hardy et al. 2018), subject to certain exceptions and requirements including disturbance limits, payment of Habitat Conservation Fees, feasibility constraints, and specified thresholds of oil well pad densities. Participants conducting seismic activities would refrain from using heavy machinery in these areas. Participants conducting agriculture or ranching Covered Activities would also refrain from initiating new or increased levels of agricultural and ranching in areas categorized as High or Intermediate Suitability DSL Habitat. Sand mining Participants would implement an annual limit on new surface disturbance on their Enrolled Properties and avoid areas where site-specific surveys for the Covered Species indicate potential presence based on ground cover types or detection of individuals, unless that new surface disturbance can be offset as described in the 2020 DSL CCAA. The 2020 DSL CCAA Administrator would work with Participants and non- Participants in the Covered Area to limit disturbance to 34,940 acres of DSL Habitat, or approximately 12% of the Covered Area, over the CCAA and permit term(287,327 acres). Although avoidance is All new surface disturbances would be subject to certain exceptions, and there may still be loss, modification, and fragmentation offsets either through payment of habitat, the disturbance limits and offsets are still anticipated to reduce threats to the Covered Species by minimizing the threat of habitat loss. The CCAA as written does not address the genetic components of the species identified in the populations identified by Xxxx et al 2020. Prior to new disturbance of DSL Habitat, Participants would pay fees that would be used for Conservation Actions, Actions including restoration and reclamation of disturbed areas, areas or would conserve lands through conservation of areas similar to those subject to disturbance at a 1:1 acre ratio ratio. As discussed above (see Chapter 8.4 of the 2020 DSL CCAASections 4.2.1 and 4.3.1). Fees would be used to protect, restore, reclaim, and re-grade existing and newly disturbed areas. Participants conducting Covered Activities in the Covered Activities would also restore, reclaim and re-grade disturbed areas, as determined by participation requirements of the 2020 DSL CCAA. During restoration, reclamation and re-grading activities, the Covered Species may be inadvertently killed through use of heavy equipment during ground disturbing activities. Prioritizing avoidance of High or Intermediate Suitability DSL Habitat throughout the Covered Area would temporarily and permanently benefit populations of the Covered Species by not curtailing movement and distribution of individuals present in those habitat areas (Xxxxxxxx et al. 2013; Xxxxxxx et al. 2016; Xxxx and Xxxxx 1998; Xxxxx et al. 2018). Fragmentation of habitat may be reduced through incentives and prioritization of Covered Activities outside of areas used by Covered Species and into areas of existing disturbance. These measures and other measures to exclude entry or allow escape of the Covered Species into or from areas of disturbance may also reduce potential loss of individuals or of nests that would be avoided as a result of the Conservation Measures. There is no consideration specifically in the CCAA for reducing fragmentation or habitat loss to the point where meta-populations and the four phylogenetic groups in the covered area identified by Chan et. al. (2020) can be maintained. While the general avoidance of high and intermediate suitability habitats may reduce these impacts, the exceptions to this avoidance reduces the effectiveness of these conservation measures in maintaining genetic representation, resilience and redundancy need to ensure the species long term survives. Conservation Measures designed to conserve groundwater may indirectly benefit the Covered Species if reduce and manage use of groundwater negatively affects for the sand mining industry would reduce the amount of water used and help maintenance of groundwater needed to stabilize sand deposits beneath the dunes and supply water for vegetation or dune structure of occupied or potentially suitable habitat of on the Covered Species dunes, thereby indirectly reducing impacts to soils in these areas (Xxxxxxxxxx Machenberg 1984; Muhs and Xxxxxxxx 1995, 2001; Xxxxxxxx and Xxxx 1998). However, the pumping of subsurface ground water . Soil loss and alteration from sand mines is likely to result in impacts to surrounding vegetation, especially when exasperated by drought conditions. Information on groundwater supply and use is limited in the Covered Area; therefore, the extent of benefits this measure may have on the Covered Species is unknown. Loss, modification, and fragmentation of habitat may occur Activities would be reduced under the Proposed Action; howeverAction through avoidance and conservation of High and Intermediate Suitability Habitat containing dynamic dunelands and through reduced surface disturbance. In addition, avoidance of priority habitat, disturbance limits, and offsets would temporarily and permanently reduce impacts to the Covered Species and minimize habitat loss. Implementation a portion of the Conservation Measures as feasible may result in temporary and permanent protection, conservation, and restoration of DSL Habitat throughout the Covered Area and may result in an increase in likelihood of use by the Covered Species relative to the amount of fees collected for participation in the proposed CCAA may be used to purchase conservation easements and other protections to preserve DSL habitat and its associated vegetation communities in large, continuous blocks for at least the life of the 2020 DSL CCAA, thereby reducing the areas of soil disturbance and the conservation of existing soils if utilized by the administrator. As a result, the Proposed Action is likely to result in minor short- to long-term moderate to major impacts from habitat loss, fragmentation, disturbance of surface soil and impacts on the genetic representation. It is likely to have removal of sand sediments ; and minor to moderate, moderate short- to long-term benefits may be realized depending to soils in the Covered Area through implementation of minimization measures, best management practices, and caps on the level of enrollment, consistency of avoidance and minimization to protect habitat as it cannot be restored on human timeframeannual surface disturbance by mine participants.