Common use of CONSERVATION MEASURES Clause in Contracts

CONSERVATION MEASURES. This section describes the approaches and strategies for conserving, and reducing and/or eliminating threats to the LPC and SDL. These approaches and strategies are based on ecological and biological principles to ensure a long-term approach to the protection and management of the LPC and SDL. Therefore, the ultimate goal of this CCA is to facilitate conservation of the LPC and SDL in southeastern New Mexico. For example, Participating Cooperators can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPC, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments which improve the status of the LPC and SDL. The management activities included in this CCA should reduce and/or eliminate threats to the species. Each CP will be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required in the RMPA, and implement agreed upon conservation measures on the enrolled property. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, may use contributed funds to conduct conservation measures on non-Federal lands (private or State) if those landowners agree, in writing through the CCAA, to allow the implementation of the specified conservation measures on their lands. The goal is to implement the highest priority conservation measures needed (regardless of land ownership) to reduce and/or eliminate threats to both species, as determined by the FWS, BLM, and NMDGF with input by CEHMM. As new information or empirical data becomes available, conservation measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individuals, and conducting research conducive to adaptive management of the LPC. Measures to benefit the SDL include, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Establish Plans of Development for enrolled properties. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Construct all infrastructures supporting the development of a well (including roads, power lines, and pipelines) within the same corridor. 4. Construct new infrastructures in locations which avoid occupied and suitable LPC habitat. 5. Bury new distribution power lines that are planned within 2 miles of occupied LPC habitat (measured from the lek). 6. Minimize total new surface disturbance by utilizing alternative techniques such as co- locating xxxxx, directional drilling, and interim reclamation of drill pads to minimum area necessary to operate the well. 7. Provide escape ramps in all open water sources. 8. Install fence markers along fences that cross through occupied habitat within 2 miles of an active lek. 9. Design grazing management plans to meet habitat specific goals for individual ranches that may include stocking rates, rotation patterns, grazing intensity and duration, and contingency plans for varying prolonged weather patterns including drought. 10. Remove mesquite vegetation that invades into the soils preferred by LPC. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Allow no surface occupancy within 200 meters of areas designated as occupied or suitable, unoccupied dune complexes or within delineated shinnery oak corridors. These complexes will be determined by FWS, BLM, and NMDGF biologists or their designee within the known geographic range of the SDL. These areas will be determined at a landscape scale rather than a dune-by-dune scale and will also delineate corridors for movement between occupied and suitable dune complexes. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Route and construct new roads, buried pipelines, and power lines outside of occupied and suitable shinnery dune complexes as delineated by FWS and BLM. 4. Limit seismic exploration to areas outside of occupied and suitable shinnery dune complexes as delineated by the FWS and BLM. 5. Establish Plans of Development for enrolled properties. 6. Submit a predetermined schedule for pipeline and facility maintenance to ensure proper functioning equipment in sensitive habitats to avoid potential accidental pollution events. 7. Prohibit tebuthiuron spraying within 500 m of suitable and occupied habitat (dune complexes) or within corridors that connect dune complexes that are within 2000 m from each other. 8. Prohibit OHV traffic within occupied or suitable dune complexes by signing and closing roads. 9. Remove mesquite vegetation that invades into the soils preferred by SDL.

CONSERVATION MEASURES. ‌ This section describes the approaches and strategies for conserving, conserving the Covered Species and reducing and/or or eliminating threats to the LPC and SDLthereto (Appendix E). These approaches and strategies are based on ecological and biological principles designed to ensure a long-term approach provide conservation benefits to the protection and management Covered Species through the application of the LPC and SDLagreed to Conservation Measures. Therefore, the ultimate goal of this CCA is to facilitate conservation of a long-term approach to protect and manage the LPC Covered Species and SDL their habitat in southeastern New MexicoMexico and western Texas. For example, Participating Cooperators Participants can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPCTexas Hornshell or other Covered Species, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments Enrolled Lands, which improve the status of the LPC and SDLspecies. The management activities Conservation Measures included in this CCA should reduce and/or or eliminate threats to the speciesCovered Species. Each CP will Baseline Conservation Measures for each stakeholder group are included in this CCA and may include Habitat Conservation Fees. Additional Conservation Measures negotiated by each Participant prior to enrollment may be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required included in the RMPA, and implement agreed upon conservation measures on the enrolled propertyParticipant’s individual CP. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, CEHMM may use contributed funds Habitat Conservation Fees to conduct conservation measures on non-Federal lands Conservation Actions within the Black and Delaware river watersheds or other high priority areas. Such funds may be used if holders of any valid existing rights (private e.g., oil and gas lessees, surface owners, or Stateallottees) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures Conservation Action on their landslands or specific to their rights. The goal is to implement the highest priority conservation measures Conservation Actions needed (regardless of land ownership) to reduce and/or or eliminate threats to both species, the Covered Species as determined by the FWS, BLM, and NMDGF with input by BLM and CEHMM. As new information or empirical data becomes available, conservation measures Conservation Measures can be modified or added to future CPs, and existing CPs with written approval from the Participant, through adaptive Adaptive Management. The following is a suite of Conservation Measures that may be applied to Enrolled Lands, broken down by Participant type and CCA management zone. Participants will implement these Conservation Measures. Oil and Gas and Associated Infrastructure‌ Pursuant to achieve greater species Section XIV. FUNDING AND ENROLLMENT PROCESS of this CCA and as further set forth in the CP, oil and gas Participants agree to pay Habitat Conservation Fees for CEHMM to provide for: • The conservation of the Covered Species; • The conservation, reclamation, and restoration of the habitat suitable or beneficial to the Covered Species; and, • The implementation and administration of this CCA. Rather than paying Habitat Conservation measures Fees, oil and gas Participants may elect to benefit instead contribute in-kind services. In cooperation with interested Participants, CEHMM will identify the LPC amount and nature of the in-kind services on a case-by-case basis. In addition to payment of Habitat Conservation Fees or contribution of in-kind services, oil and gas Participants agree to implement the following Conservation Measures for New Surface Disturbance to avoid and minimize impacts to Covered Species. A. Zone A - No New Surface Disturbance in Occupied Habitat within the Black River and Delaware River. A description of currently Occupied Habitat can be found in Appendix B. B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), and Blue Springs and their associated USGS 100-year Floodplain, the Participant will exercise good faith efforts to avoid Zone B. Where the Participant cannot avoid Zone B, this CCA and its associated CP authorizes New Surface Disturbance subject to the following: 1. The oil and gas Participant shall identify and submit to CEHMM a reason that Zone B cannot be avoided. Reasons may include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individuals, and conducting research conducive to adaptive management of the LPC. Measures to benefit the SDL include, but are : i. The mineral estate cannot limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDLotherwise be accessed; ii. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed belowParticipant lacks surface or right-of-way access; iii. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenariosContractual or landowner restrictions; iv. The PVA will allow managers mineral resource cannot be accessed utilizing proven technology reasonably available in the Permian Basin; v. The potential to evaluate the relative value of different suites of conservation actions in reducing extinction riskincrease environmental impacts; vi. Safety considerations; vii. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCAproject would become economically infeasible; or, viii. Others, and will play a key role as approved by CEHMM, in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined conjunction with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Establish Plans of Development for enrolled properties. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Construct all infrastructures supporting the development of a well (including roads, power lines, and pipelines) within the same corridor. 4. Construct new infrastructures in locations which avoid occupied and suitable LPC habitat. 5. Bury new distribution power lines that are planned within 2 miles of occupied LPC habitat (measured from the lek). 6. Minimize total new surface disturbance by utilizing alternative techniques such as co- locating xxxxx, directional drilling, and interim reclamation of drill pads to minimum area necessary to operate the well. 7. Provide escape ramps in all open water sources. 8. Install fence markers along fences that cross through occupied habitat within 2 miles of an active lek. 9. Design grazing management plans to meet habitat specific goals for individual ranches that may include stocking rates, rotation patterns, grazing intensity and duration, and contingency plans for varying prolonged weather patterns including drought. 10. Remove mesquite vegetation that invades into the soils preferred by LPC. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Allow no surface occupancy within 200 meters of areas designated as occupied or suitable, unoccupied dune complexes or within delineated shinnery oak corridors. These complexes will be determined by FWS, BLM, and NMDGF biologists or their designee within the known geographic range of the SDL. These areas will be determined at a landscape scale rather than a dune-by-dune scale and will also delineate corridors for movement between occupied and suitable dune complexes. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Route and construct new roads, buried pipelines, and power lines outside of occupied and suitable shinnery dune complexes as delineated by FWS and BLM. 4. Limit seismic exploration to areas outside of occupied and suitable shinnery dune complexes as delineated by the FWS and BLM. 2. If Zone B cannot be avoided, the oil and gas Participant shall take the following steps to minimize the potential impacts: i. Implement erosion control measures in accordance with the Reasonable and Prudent Practices for Stabilization (“XXXXX”)(see Appendix G); ii. Comply with SPCC requirements (Appendix H) in accordance with 40 CFR Part 112; iii. Comply with the United States Army Corp of Engineers (USACE) Nationwide 12 General Permit, where applicable; iv. Educate personnel, agents, and contractors about the requirements of the CP and this CCA and provide direction in accordance with the Conservation Measures. CEHMM will notify the Participant to resolve any issues with their subcontractors; v. Provide CEHMM with the permit, lease, grant or other authorization from BLM if applicable; and, vi. Provide CEHMM plats or other electronic media describing the New Surface Disturbance and existing surface disturbance utilized for the Project. C. Zone C - Ephemeral Drainages to the Black and Delaware rivers. The oil and gas Participant will exercise good faith efforts to avoid, if feasible, obstructing or disrupting the natural flow of ephemeral drainages. If it is not feasible to avoid these areas, the Participant shall take the following steps to minimize the potential impacts: 1. Implement erosion control measures in accordance with the Reasonable and Prudent Practices for Stabilization (“XXXXX”) (see Appendix G); 2. Comply with SPCC requirements (Appendix H) in accordance with 40 CFR Part 112; 3. Educate personnel, agents, and contractors about the requirements of the CP and this CCA and provide direction in accordance with the Conservation Measures. CEHMM will notify the Participant to resolve any issues with their subcontractors; 4. Comply with the USACE Nationwide 12 General Permit, where applicable; 5. Establish Plans of Development Utilize technologies (like underground borings for enrolled properties.pipelines), where feasible; 6. Submit a predetermined schedule for pipeline and facility maintenance to ensure proper functioning equipment in sensitive habitats to avoid potential accidental pollution events.Provide CEHMM with the permit, lease, grant, or other authorization from BLM, if applicable; and, 7. Prohibit tebuthiuron spraying within 500 m of suitable and occupied habitat (dune complexes) Provide CEHMM plats or within corridors that connect dune complexes that are within 2000 m from each otherother electronic media describing the New Surface Disturbance for the Project. 8D. Zone D - CCA Boundary requirements. Prohibit OHV traffic within occupied or suitable dune complexes The oil and gas Participant shall comply with SPCC requirements (Appendix H) in accordance with 40 CFR Part 112. SPCC plans for Participant’s New Surface Disturbance of Enrolled Lands subject to this CP will be available upon request to be used by signing and closing roadsCEHMM. 91. Remove mesquite vegetation that invades into Provide CEHMM with the soils preferred by SDLpermit, lease, grant, or other authorization from BLM, if applicable; and, 2. Provide CEHMM plats or other electronic media describing the New Surface Disturbance for the Project.

CONSERVATION MEASURES. This section describes the approaches and strategies for conservingconserving the Covered Species and reducing, and reducing and/or eliminating threats to the LPC and SDLthereto (Appendix E). These approaches and strategies are based on ecological and biological principles designed to ensure a long-term approach provide conservation benefits to the protection and management Covered Species through the application of the LPC and SDLagreed to Conservation Measures. Therefore, the ultimate goal of this CCA CCAA is to facilitate conservation of a long-term approach to protect and manage the LPC Covered Species and SDL their habitat in southeastern New MexicoMexico and western Texas. For example, Participating Cooperators Participants can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPCTexas Hornshell or other Covered Species, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments Enrolled Property, which improve the status of the LPC and SDLspecies. The management activities Conservation Measures included in this CCA CCAA should reduce and/or eliminate threats to the speciesCovered Species. Each CP will Baseline Conservation Measures for each stakeholder group are included in this CCAA and may or may not include Habitat Conservation Fees. Additional Conservation Measures negotiated by each Participant prior to enrollment may be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required included in the RMPA, and implement agreed upon conservation measures on the enrolled propertyParticipant’s individual CI. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, CEHMM may use contributed funds Habitat Conservation Fees to conduct conservation measures on non-Federal lands Conservation Actions within the Black and Delaware river watersheds or other high priority areas. Such funds may be used if holders of any valid existing rights (private or Statee.g., oil and gas lessees, surface owners, and/or allottees) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures Conservation Action on their landslands or specific to their rights. The goal is to implement the highest priority conservation measures Conservation Actions needed (regardless of land ownership) to reduce and/or eliminate threats to both species, the Covered Species as determined by the FWS, BLM, and NMDGF with input by CEHMM. As new information or empirical data becomes available, conservation measures Conservation Measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individualsfuture CIs, and conducting research conducive to adaptive management of existing CIs with written approval from the LPC. Measures to benefit the SDL includeParticipant, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Participating Cooperators will implement the following types of conservation actionsAdaptive Management. The following is a suite of conservation measures Conservation Measures that can may be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1Enrolled Properties, broken down by Participant type and CCAA management zone. Establish Plans of Development for enrolled properties. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Construct all infrastructures supporting the development of a well (including roads, power lines, and pipelines) within the same corridor. 4. Construct new infrastructures in locations which avoid occupied and suitable LPC habitat. 5. Bury new distribution power lines that are planned within 2 miles of occupied LPC habitat (measured from the lek). 6. Minimize total new surface disturbance by utilizing alternative techniques such as co- locating xxxxx, directional drilling, and interim reclamation of drill pads to minimum area necessary to operate the well. 7. Provide escape ramps in all open water sources. 8. Install fence markers along fences that cross through occupied habitat within 2 miles of an active lek. 9. Design grazing management plans to meet habitat specific goals for individual ranches that may include stocking rates, rotation patterns, grazing intensity and duration, and contingency plans for varying prolonged weather patterns including drought. 10. Remove mesquite vegetation that invades into the soils preferred by LPC. Participating Cooperators Participants will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Allow no surface occupancy within 200 meters of areas designated as occupied or suitable, unoccupied dune complexes or within delineated shinnery oak corridors. These complexes will be determined by FWS, BLM, and NMDGF biologists or their designee within the known geographic range of the SDL. These areas will be determined at a landscape scale rather than a dune-by-dune scale and will also delineate corridors for movement between occupied and suitable dune complexesthese Conservation Measures. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Route and construct new roads, buried pipelines, and power lines outside of occupied and suitable shinnery dune complexes as delineated by FWS and BLM. 4. Limit seismic exploration to areas outside of occupied and suitable shinnery dune complexes as delineated by the FWS and BLM. 5. Establish Plans of Development for enrolled properties. 6. Submit a predetermined schedule for pipeline and facility maintenance to ensure proper functioning equipment in sensitive habitats to avoid potential accidental pollution events. 7. Prohibit tebuthiuron spraying within 500 m of suitable and occupied habitat (dune complexes) or within corridors that connect dune complexes that are within 2000 m from each other. 8. Prohibit OHV traffic within occupied or suitable dune complexes by signing and closing roads. 9. Remove mesquite vegetation that invades into the soils preferred by SDL.

CONSERVATION MEASURES. ‌ This section describes the approaches and strategies for conservingconserving the Covered Species and reducing, and reducing and/or or eliminating threats to the LPC and SDLthereto (Appendix E). These approaches and strategies are based on ecological and biological principles designed to ensure a long-term approach provide conservation benefits to the protection and management Covered Species through the application of the LPC and SDLagreed to Conservation Measures. Therefore, the ultimate goal of this CCA CCAA is to facilitate conservation of a long-term approach to protect and manage the LPC Covered Species and SDL their habitat in southeastern New MexicoMexico and western Texas. For example, Participating Cooperators Participants can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPCTexas Hornshell or other Covered Species, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments Enrolled Property, which improve the status of the LPC and SDLspecies. The management activities Conservation Measures included in this CCA CCAA should reduce and/or or eliminate threats to the speciesCovered Species. Each CP will Baseline Conservation Measures for each stakeholder group are included in this CCAA and may include Habitat Conservation Fees. Additional Conservation Measures negotiated by each Participant prior to enrollment may be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required included in the RMPA, and implement agreed upon conservation measures on the enrolled propertyParticipant’s individual CI. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, CEHMM may use contributed funds Habitat Conservation Fees to conduct conservation measures on non-Federal lands Conservation Actions within the Black and Delaware river watersheds or other high priority areas. Such funds may be used if holders of any valid existing rights (private e.g., oil and gas lessees, surface owners, or Stateallottees) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures Conservation Action on their landslands or specific to their rights. The goal is to implement the highest priority conservation measures Conservation Actions needed (regardless of land ownership) to reduce and/or or eliminate threats to both species, the Covered Species as determined by the FWS, BLM, and NMDGF with input by CEHMM. As new information or empirical data becomes available, conservation measures Conservation Measures can be modified or added to future CIs, and existing CIs with written approval from the Participant, through adaptive Adaptive Management. The following is a suite of Conservation Measures that may be applied to Enrolled Properties, broken down by Participant type and CCAA management zone. Participants will implement these Conservation Measures. Oil and Gas and Associated Infrastructure‌ Pursuant to achieve greater species Section XIV. FUNDING AND ENROLLMENT PROCESS of this CCAA and as further set forth in the CI, oil and gas Participants agree to pay Habitat Conservation Fees for CEHMM to provide for: • The conservation of the Covered Species; • The conservation, reclamation, and restoration of the habitat suitable or beneficial to the Covered Species; and, • The implementation and administration of this CCAA. Rather than paying Habitat Conservation measures Fees, oil and gas Participants may elect to benefit instead contribute in-kind services. In cooperation with interested Participants, CEHMM will identify the LPC amount and nature of the in-kind services on a case-by-case basis. In addition to payment of Habitat Conservation Fees or contribution of in-kind services, oil and gas Participants agree to implement the following Conservation Measures for New Surface Disturbance to avoid and minimize impacts to Covered Species. A. Zone A - No New Surface Disturbance in Occupied Habitat within the Black River and Delaware River. A description of currently Occupied Habitat can be found in Appendix B. B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), and Blue Springs and their associated USGS 100-year Floodplain, the Participant will exercise good faith efforts to avoid Zone B. Where the Participant cannot avoid Zone B, this CCAA and its associated CI authorizes New Surface Disturbance subject to the following: 1. The oil and gas Participant shall identify and submit to CEHMM a reason that Zone B cannot be avoided. Reasons may include, but are not limited to: improving habitat : i. The mineral estate cannot otherwise be accessed; ii. The Participant lacks surface or right-of-way access; iii. Contractual or landowner restrictions; iv. The mineral resource cannot be accessed utilizing proven technology reasonably available in the Permian Basin; v. The potential to increase environmental impacts; vi. Safety considerations; vii. The project would become economically infeasible; or, viii. Others, as approved by CEHMM in conjunction with the FWS. 2. If Zone B cannot be avoided, the oil and increasing populations by coordinating vegetation treatments gas Participant shall take the following steps to minimize the potential impacts: i. Implement erosion control measures in accordance with ongoing activitiesthe Reasonable and Prudent Practices for Stabilization (“XXXXX”)(see Appendix G); ii. Comply with SPCC requirements (Appendix H) in accordance with 40 CFR Part 112; iii. Comply with the United States Army Corp of Engineers (USACE) Nationwide 12 General Permit, decreasing habitat fragmentationwhere applicable; iv. Educate personnel, propagating and releasing and/or translocating individualsagents, and conducting research conducive to adaptive management contractors about the requirements of the LPCCI and this CCAA and provide direction in accordance with the Conservation Measures. Measures CEHMM will notify the Participant to benefit resolve any issues with their subcontractors; v. Provide CEHMM with the SDL includepermit from New Mexico Oil Conservation Division (NMOCD), but are not limited to: preventing further habitat fragmentation if applicable; and, vi. Provide CEHMM plats or other electronic media describing the New Surface Disturbance and conducting research conducive exiting surface disturbance utilized for the Project. C. Zone C - Ephemeral Drainages to adaptive management of the SDLBlack and Delaware rivers. The specifics oil and gas Participant will exercise good faith efforts to avoid, if feasible, obstructing or disrupting the natural flow of the conservation measures aimed at benefitting the LPC and SDL are listed belowephemeral drainages. In order If it is not feasible to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western Texas. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for avoid these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDLareas, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Participating Cooperators will implement Participant shall take the following types of conservation actions. The following is a suite of conservation measures that can be applied steps to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to minimize the foundational requirements established in the RMPApotential impacts: 1. Establish Plans of Development Implement erosion control measures in accordance with the Reasonable and Prudent Practices for enrolled properties.Stabilization (“XXXXX”) (see Appendix G); 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party.Comply with SPCC requirements (Appendix H) in accordance with 40 CFR Part 112; 3. Construct all infrastructures supporting Educate personnel, agents and contractors about the development requirements of a well (including roads, power lines, the CI and pipelines) within this CCAA and provide direction in accordance with the same corridor.Conservation Measures. CEHMM will notify the Participant to resolve any issues with their subcontractors; 4. Construct new infrastructures in locations which avoid occupied and suitable LPC habitat.Comply with the USACE Nationwide 12 General Permit, where applicable; 5. Bury new distribution power lines that are planned within 2 miles of occupied LPC habitat Utilize technologies (measured from the leklike underground borings for pipelines)., where feasible; 6. Minimize total new surface disturbance by utilizing alternative techniques such as co- locating xxxxxProvide CEHMM with the permit from NMOCD, directional drilling, and interim reclamation of drill pads to minimum area necessary to operate the well.if applicable; and, 7. Provide escape ramps in all open water sourcesCEHMM plats or other electronic media describing the New Surface Disturbance for the Project. 8D. Zone D - CCAA Boundary requirements. Install fence markers along fences that cross through occupied habitat within 2 miles of an active lek. 9Oil and gas Participants shall comply with SPCC requirements (Appendix H) in accordance with 40 CFR Part 112. Design grazing management plans to meet habitat specific goals for individual ranches that may include stocking rates, rotation patterns, grazing intensity and duration, and contingency SPCC plans for varying prolonged weather patterns including droughtParticipant’s New Surface Disturbance of Enrolled Properties subject to this CI will be available upon request to be used by CEHMM. 10. Remove mesquite vegetation that invades into the soils preferred by LPC. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Allow no surface occupancy within 200 meters of areas designated as occupied or suitableProvide CEHMM with the permit from NMOCD, unoccupied dune complexes or within delineated shinnery oak corridors. These complexes will be determined by FWS, BLM, and NMDGF biologists or their designee within the known geographic range of the SDL. These areas will be determined at a landscape scale rather than a dune-by-dune scale and will also delineate corridors for movement between occupied and suitable dune complexes.if applicable; and, 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible partyProvide CEHMM plats or other electronic media describing the New Surface Disturbance for the Project. 3. Route and construct new roads, buried pipelines, and power lines outside of occupied and suitable shinnery dune complexes as delineated by FWS and BLM. 4. Limit seismic exploration to areas outside of occupied and suitable shinnery dune complexes as delineated by the FWS and BLM. 5. Establish Plans of Development for enrolled properties. 6. Submit a predetermined schedule for pipeline and facility maintenance to ensure proper functioning equipment in sensitive habitats to avoid potential accidental pollution events. 7. Prohibit tebuthiuron spraying within 500 m of suitable and occupied habitat (dune complexes) or within corridors that connect dune complexes that are within 2000 m from each other. 8. Prohibit OHV traffic within occupied or suitable dune complexes by signing and closing roads. 9. Remove mesquite vegetation that invades into the soils preferred by SDL.

CONSERVATION MEASURES. This section describes the approaches and strategies for conserving, and reducing and/or eliminating threats to the LPC and SDL. These approaches and strategies are based on ecological and biological principles to ensure a long-term approach to the protection and management of the LPC and SDL. Therefore, the ultimate goal of this CCA is to facilitate conservation of the LPC and SDL in southeastern New Mexico. For example, Participating Cooperators can agree to protect and enhance existing populations and habitats, restore degraded habitat, create new habitat, augment existing populations of LPC, restore historic populations, fund research studies, or undertake other activities on their Federal leases/allotments which improve the status of the LPC and SDL. The management activities included in this CCA should reduce and/or eliminate threats to the species. Each CP will be negotiated on a case-by-case basis where Participating Cooperators will contribute funds to accomplish conservation measures above and beyond those required in the RMPA, and implement agreed upon conservation measures on the enrolled property. While it is not necessary to conduct all conservation measures listed below on every property enrolled under this CCA, approved conservation measures will be undertaken as necessary to reduce and/or eliminate a particular threat (See Appendix E). CEHMM, in coordination with the FWS and BLM, may use contributed funds to conduct conservation measures on non-Federal lands (private or State) if those landowners agree, in writing through the CCAAwriting, to allow the implementation of the specified conservation measures on their lands. The goal is to implement the highest priority conservation measures needed (regardless of land ownership) to reduce and/or eliminate threats to both species, as determined by the FWS, BLM, FWS and NMDGF BLM with input by CEHMM. As new information or empirical data becomes available, conservation measures can be modified or added through adaptive management to achieve greater species conservation. Conservation measures to benefit the LPC include, but are not limited to: improving habitat and increasing populations by coordinating vegetation treatments with ongoing activities, decreasing habitat fragmentation, propagating and releasing and/or translocating individuals, and conducting research conducive to adaptive management of the LPC. Measures to benefit the SDL include, but are not limited to: preventing further habitat fragmentation and conducting research conducive to adaptive management of the SDL. The specifics of the conservation measures aimed at benefitting the LPC and SDL are listed below. In order to ensure conservation measures provide the greatest possible benefit, and ultimately are sufficient to reduce extinction risk to acceptable levels, using funds provided by Participating Cooperators, a Population Viability Analysis (PVA) will be undertaken for both the SDL and LPC in New Mexico and contiguous areas of western TexasTexas using funds provided by Participating Cooperators. PVA is a mathematical modeling and simulation process using the best available demographic and distributional information that allows for the comparison of extinction risk under a variety of different future scenarios. The PVA will allow managers to evaluate the relative value of different suites of conservation actions in reducing extinction risk. The PVA will be an invaluable tool for optimizing the use of conservation funds generated through the CCA, and will play a key role in annual and long-term planning of CCA conservation activities aimed at reducing and/or eliminating threats to the LPC and/or SDL. Prior to the completion of the PVA for these species, conservation measures will be developed by FWS, BLM, NMDGF, and other cooperating agencies. The Strategy will guide the development of these conservation measures. The results of biological monitoring combined with compliance monitoring will be used to evaluate the effectiveness of the conservation measures. The results of the PVA will be added to this information to evaluate the effectiveness of conservation measures and the emphasis place on various conservation strategies with in an adaptive management frame work. In April of 2008, BLM completed the Special Status Species Resource Management Plan Amendment for southeast New Mexico. The RMPA established foundational requirements to be applied to all future activities for Federal surface and Federal minerals (including private surface used for Federal mineral development). Regardless of whether a permittee or lessee participates in this CCA, these RMPA foundational requirements will be applied to all activities requiring Federal authorization within the RMPA area (refer to Appendix D). While these RMPA requirements make up the foundation of protection provided to habitat for the LPC and SDL, the strength of the CCA comes from implementing additional conservation measures that are additive, or above and beyond those in the RMPA. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Establish Plans of Development for enrolled properties. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Construct all infrastructures supporting the development of a well (including roads, power lines, and pipelines) within the same corridor. 4. Construct new infrastructures in locations which avoid occupied and suitable LPC habitat. 5. Bury new distribution power lines that are planned within 2 miles of occupied LPC habitat (measured from the lek). 6. Minimize total new surface disturbance by utilizing alternative techniques such as co- locating xxxxx, directional drilling, and interim reclamation of drill pads to minimum area necessary to operate the well. 7. Provide escape ramps in all open water sources. 8. Install fence markers along fences that cross through occupied habitat within 2 miles of an active lek. 9. Design grazing management plans to meet habitat specific goals for individual ranches that may include stocking rates, rotation patterns, grazing intensity and duration, and contingency plans for varying prolonged weather patterns including drought. 10. Remove mesquite vegetation that invades into the soils preferred by LPC. Participating Cooperators will implement the following types of conservation actions. The following is a suite of conservation measures that can be applied to enrolled properties (as applicable to a Participating Cooperators’ enrolled property) in addition to the foundational requirements established in the RMPA: 1. Allow no surface occupancy within 200 meters of areas designated as occupied or suitable, unoccupied dune complexes or within delineated shinnery oak corridors. These complexes will be determined by FWS, BLM, and NMDGF biologists or their designee within the known geographic range of the SDL. These areas will be determined at a landscape scale rather than a dune-by-dune scale and will also delineate corridors for movement between occupied and suitable dune complexes. 2. Remove caliche pads and roads on legacy xxxxx where there is no responsible party. 3. Route and construct new roads, buried pipelines, and power lines outside of occupied and suitable shinnery dune complexes as delineated by FWS and BLM. 4. Limit seismic exploration to areas outside of occupied and suitable shinnery dune complexes as delineated by the FWS and BLM. 5. Establish Plans of Development for enrolled properties. 6. Submit a predetermined schedule for pipeline and facility maintenance to ensure proper functioning equipment in sensitive habitats to avoid potential accidental pollution events. 7. Prohibit tebuthiuron spraying within 500 m of suitable and occupied habitat (dune complexes) or within corridors that connect dune complexes that are within 2000 m from each other. 8. Prohibit OHV traffic within occupied or suitable dune complexes by signing and closing roads. 9. Remove mesquite vegetation that invades into the soils preferred by SDL.