Common use of Habitat Loss and Fragmentation Clause in Contracts

Habitat Loss and Fragmentation. Habitat loss and fragmentation are primary threats to the LEPC. Construction of oil and gas pads, compressor stations, private roads (e.g., lease roads), distribution lines, and industrial buildings (“Impact Activities”) may contribute to habitat loss and fragmentation. The following Conservation Measures apply to any action that could further negatively impact LEPC habitat or connectivity between blocks of LEPC habitat to receive coverage under the CCAA. 1) Avoidance a) Use available options to avoid focal areas, connectivity zones, or within 1.25 mi of known leks that have been active at least once within the previous five years, as well as sites dominated by tracts of native grass and shrublands (see the 2013 Crucial Habitat Assessment Tool (CHAT), state fish and wildlife agency staff, and Section XIV of the CCAA (Development Procedures) for more information). (Discretionary) b) Focus development on lands already altered or cultivated (such as row-crop agriculture or developed oilfields), and away from areas of undeveloped native grass or shrublands. Select fragmented or degraded habitats over relatively intact areas, and select sites with lower LEPC habitat potential over sites with greater habitat potential. The Natural Resources Conservation Service (NRCS) Ecological Site Descriptions, where available, are a good indicator to use (see Appendix C of the Range-wide Plan (RWP)). (Discretionary) 2) Minimization a) Use common rights of way for multiple types of infrastructure in locating new roads, fences, power lines, well pads, flow lines, compressors, and other associated oil and gas infrastructure. (Discretionary) b) Site Impact Activities to minimize new habitat disturbance by increasing the amount of overlap between existing fragmentation and associated Impact Buffers. (Discretionary) Number c) Reduce impacts through the use of directional drilling and clustering where feasible or in locating facilities to reduce habitat loss and fragmentation of habitat. (Discretionary) d) Minimize use of herbicide treatments and limit this use to the footprint or right of way. Where practical and applicable, utilize an herbicide that is targeted for specific use and spot treatments as opposed to a broadband herbicide and broadcast treatments. Apply in conditions that minimize drift. (Required) 3) Mitigation – Any impacts not offset by the avoidance or minimization measures above will be mitigated as follows: Participants will provide for mitigation of habitat loss associated with new Impact Activities through the payment of Mitigation Fees as described in Section XIII(B) (Enrollment and Mitigation Fees) and Appendix A of the CCAA and Exhibit 2 of this CI. WAFWA will apply Mitigation Fees to generate offset units using the process described in Appendix I of the RWP. (Required)

Habitat Loss and Fragmentation. Habitat loss and fragmentation are primary threats to the LEPC. Construction of oil and gas pads, compressor stations, private roads (e.g., lease roads), distribution lines, and industrial buildings (“Impact Activities”) may contribute to habitat loss and fragmentation. The following Conservation Measures apply to any action that could further negatively impact LEPC habitat or connectivity between blocks of LEPC habitat to receive coverage under the CCAA. 1) Avoidance a) Use available options to avoid focal areas, connectivity zones, or within 1.25 mi of known leks that have been active at least once within the previous five years, as well as project sites dominated by tracts of native grass and shrublands (see the 2013 Crucial Habitat Assessment Tool (CHAT), state fish and wildlife agency staff, and Section XIV of the CCAA (Development Procedures) for more information). (Discretionary) b) Focus development on lands already altered or cultivated (such as row-crop agriculture or developed oilfields), and away from areas of undeveloped native grass or shrublands. Select fragmented or degraded habitats over relatively intact areas, and select sites with lower LEPC habitat potential over sites with greater habitat potential. The Natural Resources Conservation Service (NRCS) Ecological Site Descriptions, where available, are a good indicator to use (see Appendix C of the Range-wide Plan (RWP)). (Discretionary) 2) Minimization a) Use common rights of way for multiple types of infrastructure in locating new roads, fences, power lines, well pads, flow lines, compressors, and other associated oil and gas infrastructure. (Discretionary) b) Site Impact Activities projects to minimize new habitat disturbance by increasing the amount of overlap between existing fragmentation and associated Impact Buffersimpact buffers. (Discretionary) Number) c) Reduce impacts through the use of directional drilling and clustering where feasible or in locating facilities to reduce habitat loss and fragmentation of habitat. (Discretionary) d) Minimize use of herbicide treatments and limit this use to the footprint or right of wayway for the project. Where practical and applicable, utilize an herbicide that is Number targeted for specific use and spot treatments as opposed to a broadband herbicide and broadcast treatments. Apply in conditions that minimize drift. (Required) 3) Mitigation – Any impacts not offset by the avoidance or minimization measures above will be mitigated as follows: Participants will provide for mitigation of habitat loss associated with new Impact Activities through the payment of Mitigation Fees as described in Section XIII(B) XIII (Enrollment and Mitigation Fees) and Appendix A of the CCAA and Exhibit 2 B of this CI. WAFWA will apply Mitigation Fees to generate offset units using the process described in Appendix I of the RWP. (Required)

Habitat Loss and Fragmentation. Habitat loss and fragmentation are primary threats to the LEPC. Construction of oil and gas pads, compressor stations, private roads (e.g., lease roads), distribution lines, and industrial buildings (“Impact Activities”) may contribute to habitat loss and fragmentation. The following Conservation Measures apply to any action that could further negatively impact LEPC habitat or connectivity between blocks of LEPC habitat to receive coverage under the CCAA. 1) Avoidance a) Use available options to avoid focal areas, connectivity zones, or within 1.25 mi of known leks that have been active at least once within the previous five years, as well as sites dominated by tracts of native grass and shrublands (see the 2013 Crucial Habitat Assessment Tool (CHAT), state fish and wildlife agency staff, and Section XIV of the CCAA (Development Procedures) for more information). (Discretionary) b) Focus development on lands already altered or cultivated (such as row-crop agriculture or developed oilfields), and away from areas of undeveloped native grass or shrublands. Select fragmented or degraded habitats over relatively intact areas, and select sites with lower LEPC habitat potential over sites with greater habitat potential. The Natural Resources Conservation Service (NRCS) Ecological Site Descriptions, where available, are a good indicator to use (see Appendix C of the Range-wide Plan (RWP)). (Discretionary) 2) Minimization a) Use common rights of way for multiple types of infrastructure in locating new roads, fences, power lines, well pads, flow lines, compressors, and other associated oil and gas infrastructure. (Discretionary) b) Site Impact Activities to minimize new habitat disturbance by increasing the amount of overlap between existing fragmentation and associated Impact Buffers. (Discretionary) Number) c) Reduce impacts through the use of directional drilling and clustering where feasible or in locating facilities to reduce habitat loss and fragmentation of habitat. (Discretionary) d) Minimize use of herbicide treatments and limit this use to the footprint or right of way. Where practical and applicable, utilize an herbicide that is targeted for specific use and spot treatments as opposed to a broadband herbicide and broadcast treatments. Apply in conditions that minimize drift. (Required) 3) Mitigation – Any impacts not offset by the avoidance or minimization measures above will be mitigated as follows: Participants will provide for mitigation of habitat loss associated with new Impact Activities through the payment of Mitigation Fees as described in Section XIII(B) (Enrollment and Mitigation Fees) and Appendix A of the CCAA and Exhibit 2 of this CI. WAFWA will apply Mitigation Fees to generate offset units using the process described in Appendix I of the RWP. (Required)