Common use of Impacts from Land Use Activities Clause in Contracts

Impacts from Land Use Activities. Lawful activities that may occur on a Cooperator or neighboring landowner property include ground disturbance, livestock management, water diversions, and vegetation management (Section 8.4, Land Use Activities). Although the actual level of incidental take for lawful land use activities is unknown, incidental take is expected to be insignificant relative to the benefits to the conservation, expansion, and recovery of the covered species. The potential impacts on the covered species and their habitats from lawful land use activities are discussed in further detail below. Examples of ground-disturbing activities include construction of small to medium-sized outbuildings necessary to support the primary land use activity, road grading, tree removal, and crop production. Ground-disturbing activities loosen the soil and have the potential to contribute suspended sediment to nearby waterbodies, primarily after rain events. Suspended sediment can increase turbidity, which can decrease visibility and affect foraging success. In more extreme events, sediment can clog or injure xxxx structures in fish and mussels. Once settled, sediment can modify the benthic environment, covering hardscape features that may otherwise be used by fish and mussels. Livestock management, particularly the use of streams as a source of livestock water, and livestock grazing can degrade instream and riparian habitat. Trampling of instream and riparian habitat can increase erosion, leading to the potential for increased turbidity and the input of excessive sedimentation into habitats used by fishes and mussels. Livestock grazing in or near streams can also provide a pathway for animal wastes to enter streams, promote nutrient loading, reduce dissolved oxygen levels, and result in a degradation of overall water quality. Water diversions most likely include a streamside pump and small-diameter pipe that extends into the water. Water diversions are unlikely to run permanently; rather, they operate intermittently to fill water tanks, holding ponds, or other off-stream features. Irrigation or stock water withdrawals may entrain fish and result in death when withdrawals are ceased following the period of use. Most water diversions are unlikely to have perceptible effects at the location of reintroduction; however, the cumulative effect of multiple diversions in a local area may have effects, particularly during times of low flow. Determining an estimate of incidental take as a result of water diversion is difficult for several reasons: (1) determining whether an individual did not spawn as a result of water depletions versus natural causes is extremely difficult in the field, (2) effects that reduce fecundity are difficult to quantify, (3) finding a dead or injured listed covered fish would be difficult because carcasses are subject to rapid scavenging, and (4) natural fluctuations in river flows and species abundance may mask effects of ongoing land uses. Streamside vegetation management such as canopy trimming and mowing performed as part of typical land use activities may have some local effects on shade and water temperatures; however, these changes are likely to be too small to be measured. Land use activities that require streamside tree removal or cutting could weaken streambanks, reduce bank stability, and decrease habitat complexity for species such as alligator snapping turtle or fish that may use undercut banks and deep scour holes. However, it should be noted that streamside vegetation management generally, and tree and canopy removal specifically, could have beneficial effects on waterbodies in native prairie ecosystems (even if that is not the primary objective of the land use action). The use of prescribed fire to manage rangeland can remove vegetation and destabilize soil, which, in turn, increases the risk of erosion on the burned area. Postfire streamflows can transport solid and dissolved materials that adversely affect water quality, including increased sedimentation. However, increases in sediment loading as a result of prescribed burning is dependent on the surface area of the prescribed burn, burn severity, topography, and the distance between the burned area and waterbody. Adverse effects on covered species from land use activities are likely to be short-term behavioral or physiological in nature. However, there is some low potential for these lawful activities to result in the injury or mortality of individuals from reintroduced or existing populations. Take from land use activities is not expected to exceed 1% of the reintroduced population of fish or mussels. Take of alligator snapping turtles from water quality impairments generated from typical land use activities is not expected. However, it is possible, though unlikely, that an individual could be struck by a vehicle or a nest could be disturbed. Take related to vehicle strike is not expected to exceed one individual.

Impacts from Land Use Activities. Lawful activities that may occur on a Cooperator or neighboring landowner property include ground disturbance, livestock management, water diversions, and vegetation management (Section 8.4, Land Use Activities). Although the actual level of incidental take for lawful land use activities is unknown, incidental take is expected to be insignificant relative to the benefits to the conservation, expansion, and recovery of the covered species. The potential impacts on the covered species and their habitats from lawful land use activities are discussed in further detail below. Examples of ground-disturbing activities include construction of small to medium-sized outbuildings necessary to support the primary land use activity, road grading, tree removal, and crop production. Ground-disturbing activities loosen the soil and have the potential to contribute suspended sediment to nearby waterbodies, primarily after rain events. Suspended sediment can increase turbidity, which can decrease visibility and affect foraging success. In more extreme events, sediment can clog or injure xxxx structures in fish and mussels. Once settled, sediment can modify the benthic environment, covering hardscape features that may otherwise be used by fish and mussels. Livestock management, particularly the use of streams as a source of livestock water, and livestock grazing can degrade instream and riparian habitat. Trampling of instream and riparian habitat can increase erosion, leading to the potential for increased turbidity and the input of excessive sedimentation into habitats used by fishes and mussels. Livestock grazing in or near streams can also provide a pathway for animal wastes to enter streams, promote nutrient loading, reduce dissolved oxygen levels, and result in a degradation of overall water quality. Water diversions most likely include a streamside pump and small-diameter pipe that extends into the water. Water diversions are unlikely to run permanently; rather, they operate intermittently to fill water tanks, holding ponds, or other off-stream features. Irrigation or stock water withdrawals may entrain fish and result in death when withdrawals are ceased following the period of use. Most water diversions are unlikely to have perceptible effects at the location of reintroduction; however, the cumulative effect of multiple diversions in a local area may have effects, particularly during times of low flow. Determining an estimate of incidental take as a result of water diversion is difficult for several reasons: (1) determining whether an individual did not spawn as a result of water depletions versus natural causes is extremely difficult in the field, (2) effects that reduce fecundity are difficult to quantify, (3) finding a dead or injured listed covered fish would be difficult because carcasses are subject to rapid scavenging, and (4) natural fluctuations in river flows and species abundance may mask effects of ongoing land uses. Streamside vegetation management such as canopy trimming and mowing performed as part of typical land use activities may have some local effects on shade and water temperatures; however, these changes are likely to be too small to be measured. Land use activities that require streamside tree removal or cutting could weaken streambanks, reduce bank stability, and decrease habitat complexity for species such as alligator snapping turtle or fish that may use undercut banks and deep scour holes. However, it should be noted that streamside vegetation management generally, and tree and canopy removal specifically, could have beneficial effects on waterbodies in native prairie ecosystems (even if that is not the primary objective of the land use action). The use of prescribed fire to manage rangeland can remove vegetation and destabilize soil, which, in turn, increases the risk of erosion on the burned area. Postfire streamflows can transport solid and dissolved materials that adversely affect water quality, including increased sedimentation. However, increases in sediment loading as a result of prescribed burning is dependent on the surface area of the prescribed burn, burn severity, topography, and the distance between the burned area and waterbody. Adverse effects on covered species from land use activities are likely to be short-term behavioral or physiological in nature. However, there is some low potential for these lawful activities to result in the injury or mortality of individuals from reintroduced or existing populations. Take from land use activities is not expected to exceed 1% of the reintroduced population of fish or mussels. Take of alligator snapping turtles from water quality impairments generated from typical land use activities is not expected. However, it is possible, though unlikely, that an individual could be struck by a vehicle or a nest could be disturbed. Take related to vehicle strike is not expected to exceed one individual.