Common use of Seismic Activity Clause in Contracts

Seismic Activity. Seismic exploration is conducted prior to the development of oil and gas fields to determine the below surface availability of oil or gas and refine the placement of xxxxx. It uses the different reflection properties of soundwaves to identify rock strata. The reflected waves are picked up by lines of geophones (sensors) on the surface and transmitted back to a mobile unit for analysis. The primary threats are vehicular traffic, the noise and vibration from the creation of the sound waves (“thumpers”) or the less favored use of explosives and the laying of geophone lines. It is considered to be a “periodic, localized activity” (See 77 Fed. Reg. at 36,890). In the 2020 DSL CCAA, seismic activities will be limited to areas outside of High and Intermediate Suitability DSL Habitat unless walk-in geophonic or other smaller seismic survey equipment is utilized or activities are limited to periods of DSL inactivity. Existing roads, pads, or utility easements in High or Intermediate Suitability DSL Habitat will be identified that would permit OHV and/or equipment to induce seismic pulses to be used without corresponding impacts to the DSL. Where avoidance is not feasible, these limitations will minimize the impacts of vehicular traffic and surface disturbance. Seismic activities in Low Suitability DSL Habitat are allowed, but existing roads, pads or easements will be utilized to minimize potential impact to the habitat. Because seismic activities are temporal in nature, unless there are documented permanent impacts, seismic activities will not require mitigation and associated Habitat Conservation Fees. Where the Administrator identifies permanent impacts from a Participant’s seismic activities, the Participant will work with the Administrator to identify and provide mitigation equal to the permanent impacts.