Common use of Avoidance and Minimization Measures Clause in Contracts

Avoidance and Minimization Measures. The District agrees to implement the following avoidance and minimization measures.  Cattle will not be permitted uncontrolled access within the fenced areas around the ponds. Any cattle access within the fenced areas will be for a brief period for the purpose of providing water to cattle and/or controlling the growth of vegetation.  Grazing within the fenced areas at the ponds will not occur from December through April to avoid the California red-legged breeding season and California tiger salamander breeding season (the time when the species are most likely to occur in shallow areas where emergent vegetation occurs).  Deep water will be available in ponds when grazing occurs as an escape for any California red-legged frogs or California tiger salamanders that may be present in shallow areas.  The District will avoid or reduce activities in the coastal terrace prairie grasslands where Xxxxx'x blue butterfly host plants occur during the Xxxxx'x blue butterfly flight season, mid-June to early September.  The District will not intentionally introduce fish species into the ponds or streams within the Enrolled Property.  During any maintenance activities, the District, or other personnel associated with the District, will exercise due diligence to avoid negative effects to listed species.  The District will implement Best Management Practices for any maintenance activities associated with roads or trails. These activities will not occur at or within steelhead streams.  To avoid and minimize effects to the Covered Species and Xxxxx’x piperia, the District will ensure that all education and outreach event activities will not disturb the Covered Species and Xxxxx’x piperia or their habitats, or any other listed species or their habitats.  The District will ensure that all guests and visitors will be informed of the presence of any federally listed species that occur on the Enrolled Property and will be informed of areas that provide habitat for listed species. Guests and visitors will be instructed to avoid disturbing listed species and their habitat. The District is committed to supporting listed species and their habitats at the Enrolled Property and will manage and maintain the property to provide benefits to native plants and wildlife. The District has shown this commitment through the enhancement and restoration activities that have been completed, the development of a grassland management plan, their support of the study on the effects of cattle grazing on the Xxxxx'x blue butterfly and its host plants, and their management of the Park to protect open space and open space resource values for public benefit. The Service recognizes that the District has demonstrated its capability and commitment to implementing activities associated with the conservation and recovery of listed species. Public access to the Enrolled Property is currently limited to pedestrians who must receive a permit to enter, and access is restricted to certain areas within the Enrolled Property. The Enrolled Property is likely to provide long-term conservation and recovery benefits to listed species.

Avoidance and Minimization Measures. The District DPR agrees to implement the following avoidance and minimization measures.  Cattle will not be permitted uncontrolled access within the fenced areas around the ponds. Any cattle access within the fenced areas will be for a brief period for the purpose of providing water to cattle and/or controlling the growth of vegetation.  Grazing within the fenced areas at the ponds will not occur from December through April to avoid the California red-legged breeding season and California tiger salamander breeding season (the time when the species are most likely to occur in shallow areas where emergent vegetation occurs).  Deep water will be available in ponds when grazing occurs as an escape for any California red-legged frogs or California tiger salamanders that may be present in shallow areas.  The District : • DPR will avoid or reduce construction and maintenance activities in the coastal terrace scrub and oatgrass prairie grasslands grassland where Xxxxx'x blue butterfly host seacliff buckwheat plants occur during the Xxxxx'x blue butterfly flight season, mid-June to early September, so as to not disrupt butterfly behavior.  • DPR will route trails to avoid the removal of seacliff buckwheat to the greatest extent feasible. If seacliff buckwheat plants are cut for trail construction or maintenance, the cut material will be placed on/near other live buckwheat plants to allow butterfly larvae, if present, to relocate to live plants. DPR will have an appropriate person survey the work area to identify seacliff buckwheat. • DPR will conduct visual surveys for California red-legged frogs in Xxxxxxxxx and Xxxx Creeks no more than 48 hours prior to disturbance for construction of the foot bridges. If California red-legged frogs are observed within the work site, a Service-approved biologist will capture and relocate the frogs to other suitable habitat upstream of the work area. The District Service-approved biologist will monitor the initial ground disturbance and vegetation removal. The results of this monitoring, including whether any California red- legged frogs were observed or heard, and the species of all amphibians detected, will be reported to the Service. • DPR will not intentionally introduce fish species into the ponds or streams aquatic habitat within the Enrolled Property.  • During any maintenance activities, the DistrictDPR, or other personnel associated with the DistrictDPR, will exercise due diligence to avoid negative effects to listed species.  The District • DPR will implement Best Management Practices (as described in DPR 2013) for any maintenance activities associated with roads or trails. These activities will not occur at or within steelhead streams.  • To avoid and minimize effects to the Covered Species and Xxxxx’x piperiaSpecies, the District DPR will ensure that all education and outreach event interpretation activities will not disturb the Covered Species and Xxxxx’x piperia or their habitats, or any other listed species or their habitats.  The District • DPR will ensure that all guests visitors and visitors DPR employees will be informed of the presence of any federally listed species that occur on the Enrolled Property and will be informed of areas that provide habitat for listed species. Guests Visitors and visitors DPR employees will be instructed to avoid disturbing listed species and their habitat. The District DPR is committed to supporting listed species and their habitats at the Enrolled Property and will manage and maintain the property to provide benefits to native plants and wildlife. The District DPR has shown this commitment through the enhancement and restoration activities that have been completed, the development of a grassland management plan, their support of the study on the effects of cattle grazing on the Xxxxx'x blue butterfly and its host plants, completed and their management of the Park to protect open space and open space natural resource values for public benefit. The Service recognizes that the District DPR has demonstrated its capability and commitment to implementing activities associated with the conservation and recovery of listed species. Public access to the Enrolled Property is currently limited to pedestrians who must receive a permit to enter, and access is restricted to certain areas within the Enrolled Property. The Enrolled Property is likely to provide long-term conservation and recovery benefits to listed species.