PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. The Participant agrees to comply with the requirements of this CI, the CCAA attached as Exhibit 5, and the Permit. This agreement includes the Participant’s commitment to implement Conservation Measures on Enrolled Property as provided in Sections XII (Conservation Measures) and XIII (Mitigation Fees) of the CCAA attached as Exhibit 5, which are duplicated below for ease of reference. The Participant shall also notify and educate all personnel, agents, and contractors about the requirements of this CI and the CCAA, and take steps necessary to ensure that such personnel, agents, and contractors comply with these requirements in their activities on the Enrolled Property.
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Pursuant to Section XIV. FUNDING AND ENROLLMENT PROCESS of the CCA and as further set forth in this CP, the oil and gas Participant agrees 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 Fees, the oil and gas Participant may elect to instead contribute in-kind services. In cooperation with the Participants, CEHMM will identify the 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, the oil and gas Participant agrees 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 of the CCA.
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 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.
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Water Withdrawer Participants (Water Withdrawer Participants) agree to implement the following Conservation Measures:
A. Zone A – Temporarily maintain minimum streamflow and curtail pumping of surface water and groundwater that has a demonstrated direct hydrologic connection to the Black River in Zone A should the flow fall below 9.3 cfs at the USGS gauge location at the CID dam. NMDGF recommends 3 cfs (Arm et al. 2014) absolute minimum flow for the Texas Hornshell, but 9.3 cfs is based on current minimum flow as established by water withdrawers in the area. However, the Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA.
B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain:
1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA.
C. Zone C - Ephemeral Drainages to the Black and Delaware rivers, including Owl Draw:
1. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II. GOVERNANCE), will work with subject matter experts to determine minimum flow within five years of implementation of this CCAA. In the event of any inconsistencies between the Conservation Measures described above and those described in the CCA, the terms of the CCA controls.
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Solid Minerals Mining Industry (Mineral) Participants agree to implement the following Conservation Measures for New Surface Disturbance to avoid and minimize impacts to Covered Species.
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Agriculture and Ranching Participants (Agriculture and Ranching Participants) agree to implement the following Conservation Measures:
1. Refrain from creating any New Surface Disturbance.
2. Follow the grazing plan as agreed upon in the CI (if applicable).
3. Immediately upon receiving notice from CEHMM that flow in the Black River has dropped below minimum flow, cease pumping water from the Black River in Zone A.
4. Avoid utilizing low-water crossings when other routes are available.
5. Implement or allow the implementation of erosion control along the banks of the Black and Delaware rivers (if applicable).
6. Implement or allow implementation of the Vegetation Plan (if applicable).
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Agriculture and Ranching Participants (Agriculture and Ranching Participants) agree to implement the following Conservation Measures: Zone A:
1. Refrain from creating any New Surface Disturbance.
2. Follow the grazing plan as agreed upon in the CI (if applicable).
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Agriculture and Ranching industry sector Participants (Agriculture and Ranching Participants) agree to implement the following Conservation Measures:
A. Zone A - No New Surface Disturbance in Occupied Habitat within the Black and Delaware rivers as identified in Appendix B, corresponding to the limits of known populations identified for protection.
1. The Implementation Committee will develop a grazing approach for areas near designated Life History Sites or Sensitive Habitat Areas.
2. Pumping of water for ranching commercial/agricultural purposes will not occur in Zone A.
3. Avoid utilizing low-water crossings when other routes are available.
4. Implement or allow erosion control along the banks of the Black and Delaware rivers.
5. A staged vegetation plan will be developed by the Implementation Committee for each occupied site and invasives (Creosotebush, Xxxxxx tridentate; Honey Mesquite, Prosopis glandulosa; Saltcedar, Tamarix spp.; Russian Olive, Elaeagnus angustifolia; and Tarbush, Flourensia cernua) will be replanted with native grasses, trees, or shrubs. This process should be incremental but not result in the total removal of native vegetation.
B. Zone B – Within the Black and Delaware rivers (excluding Zone A in each), Blue Springs, and their associated USGS 100-year floodplain: The Implementation Committee will develop a grazing approach for areas near designated Life History Sites or Sensitive Habitat Areas. Temporarily maintain minimum stream flows and cease pumping of water if minimum flow is reached. The Technical Work Group, following the Governance process (Section II), will work with subject matter experts to determine minimum flow within five years of implementation of the CCAA.
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. Participants agree to implement the Conservation Measures described below and in Section XI of the CCAA. Monitor USGS gauges within the Black River weekly; Report low water flows to CEHMM; Report fishes trapped in CID canals observed during routine inspections to CEHMM; Train CID employees on CCAA requirements and reporting any issues to CEHMM; and, Assist CEHMM and FWS with getting access to CID lands with 24-48-hour notice for the purposes of monitoring, conservation projects, and/or research. In the event of any inconsistencies between the Conservation Measures described above and those described in the CCAA, the terms of the CCAA controls.
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. The Participant agrees to implement the following Conservation Measures to avoid and minimize impacts to Covered Species:
PARTICIPANT AGREEMENT TO IMPLEMENT CONSERVATION MEASURES. The Partner agrees to comply with the requirements of this CI, the CCAA/CCA attached, and the Permit. This Agreement includes the Partner’s commitment to implement conservation measures on enrolled lands as provided in their application and Section 6 (Conservation Measures) of the CCAA/CCA. The Partner shall also notify and educate all relevant personnel, agents, and contractors about the requirements of this CI and the CCAA/CCA, and take steps necessary to ensure that such personnel, agents, and contractors comply with these requirements in their activities on the enrolled lands.
