Pipeline Sector. Pursuant to Section 13.0 of this CCAA and as further set forth in this CI, the Participant agrees to pay Enrollment and Habitat Conservation Fees to the Administrator as called for by Appendix D. High and Intermediate Suitability Areas of DSL Habitat: Avoidance of High and Intermediate Suitability DSL Habitat is required unless the Participant demonstrates that the criteria below are met: • Contractual fulfillment of surface use agreements or leases existing at least six months prior to the planned activity and that cannot be achieved by an alternative development plan; • No feasible technologically routing diversions are available; • Horizontal or directional boring is not feasible; and, • Areas in Low Suitability Habitat or areas with existing disturbance in habitat are not available. Before habitat can be disturbed, the Participant must submit a written demonstration of compliance with the criteria above. Participant may also demonstrate that the Habitat Suitability designation in the Texas State Map of DSL Habitat assigned to the development site is incorrect. That demonstration must include surveys conducted following the approved Protocols set out in Appendix A. The Administrator, with the assistance of qualified biological and technical professionals, where feasible, will review the documentation and either concur with the determination or request additional information within 20 days of receiving the Participant’s documentation. The Administrator will use reasonable efforts to provide expedited reviews if necessary. The Administrator will avoid unnecessary requests for information and will not exceed the 20- day review period after receipt of complete documentation. The Administrator will use reasonable efforts to provide expedited reviews if requested. If the Administrator has not requested additional documentation after 20 days of receipt of Participant’s submission, Participant may proceed with the surface disturbance; however, Participant acknowledges that the Service may request to review the documentation submitted by the Participant and waives any confidentiality with respect to such documentation except as it pertains to confidential business information. All confidential information submitted by the Participant must be marked “Confidential or Business Sensitive” even in situations where the confidentiality has been waived. The FWS also may seek to have Administrator require the Participant to address any deficiency. Low Suitability Areas...
