Common use of DEVELOPMENT PROCEDURES Clause in Contracts

DEVELOPMENT PROCEDURES. For oil and gas activities, a Project consists of the Participant’s construction of a well pad, road, distribution line, compressor station (of any size), or industrial building. If a well pad is constructed together with a road and/or distribution line, the well pad and the associated road, and/or distribution line will be considered a Project. If a compressor station is constructed together with a road and/or distribution line, the compressor station and the associated road and/or distribution line will be considered a Project. The Participant will consult the CHAT (▇▇▇▇://▇▇▇▇.▇▇.▇▇▇/geodata/maps/sgpchat/) along with impact area maps, ecological site maps, land cover maps, and aggregated Conservation Reserve Program maps provided in the CHAT when the Participant evaluates the location of potential Impact Activities. At the time the Participant confers with WAFWA to estimate the Mitigation Fees necessary for future anticipated development (i.e., prior to October 1 of each year), the Participant shall consult with WAFWA to assess the potential impacts to LEPC habitat associated with anticipated development in the following calendar year. It is in the Participant’s interest to provide as much information listed below about future development as possible. WAFWA staff has access to additional data sources beyond those available in the CHAT, including lek data, and will assist in making recommendations to reduce potential impacts to LEPC and their habitat and to reduce potential Mitigation Fees. Prior to development, the Participant will provide WAFWA or a TSP (as described on pages 92– 93 of the RWP) with the following Project Development Information: 1) Map(s) of the lease to be developed; 2) A shapefile or KML file describing the lease to be developed, including known existing impacts; 3) Centerline of linear features and/or the center point of a well (which may be reflected by a survey plat); and 4) Notification if the expected final reclamation size of a well pad will be greater than five acres in size. WAFWA or the TSP, in cooperation with the Participant, will complete the following Site Information: 1) Map(s) of the lease to be developed, including existing impacts and buffers; 2) A shapefile or KML file describing the lease to be developed, including all existing impacts; and 3) A HEG (available on the WAFWA website) for property to be developed. WAFWA shall complete the Site Information within 30 days of its initial consultation with the Participant on the Project. WAFWA shall notify the Participant of the amount of Mitigation Fees associated with the Project, if any, in accordance with Section XIII(B) (Enrollment and Mitigation Fees). If the Site Information is completed by a TSP, the TSP will provide the Project Development Information and Site Information to WAFWA and the Site Information to the Participant. Within 10 days of receiving the Project Development Information and Site Information, WAFWA shall notify the Participant of the amount of Mitigation Fees associated with the Project, if any, in accordance with Section XIII(B) (Enrollment and Mitigation Fees). If LEPC surveys of the proposed location of Impact Activities have not been conducted in accordance with the LEPC survey protocol (Appendix H of the RWP) within the previous 5 years, and the proposed location of Impact Activities is within the CHAT (categories 1-3), surveys may be necessary. A knowledge of lek presence is required for implementing avoidance measures. The Participant has the option of conducting surveys according to WAFWA protocols or allowing state or WAFWA affiliated personnel to conduct surveys of the site prior to commencement of Impact Activities. The Participant may also assume the location of Impact Activities is occupied with active leks without conducting a survey, proceed with the Impact Activities, and apply the related Conservation Measures to minimize disturbance impacts until a survey is conducted.

DEVELOPMENT PROCEDURES. For oil and gas activities, a Project consists of the Participant’s construction of a well pad, road, distribution line, compressor station (of any size), or industrial buildingproject. If a well pad is constructed together with a road and/or distribution line, the well pad and the associated road, and/or distribution line will be considered a Project. If a compressor station is constructed together with a road and/or distribution line, the compressor station and the associated road and/or distribution line will be considered a Project. The Participant will consult the RWP 2013 CHAT (▇▇▇▇://▇▇▇▇.▇▇.▇▇▇/geodata/maps/sgpchat/) (Sept. 2013) along with impact area maps, ecological site maps, land cover maps, and aggregated Conservation Reserve Program maps provided in the 2013 CHAT when the Participant evaluates the location of potential Impact Activities. At the time the Participant confers with WAFWA to estimate the Mitigation Fees necessary for future anticipated development (i.e., prior to October 1 of each year), the Participant shall consult with WAFWA to assess the potential impacts to LEPC habitat associated with anticipated development in the following calendar year. It is in the Participant’s interest to provide as much information listed below about future development as possible. WAFWA staff has access to additional data sources beyond those available in the 2013 CHAT, including lek data, and will assist in making recommendations to reduce potential impacts to LEPC and their habitat and to reduce potential Mitigation Fees. Prior to development, the Participant will provide WAFWA or a TSP (as described on pages 92– 93 of the RWP) with the following Project Development Information: 1) Map(s) of the lease to be developed; 2) A shapefile or KML file describing the lease to be developed, including known existing impacts; 3) Centerline of linear features and/or the center point of a well (which may be reflected by a survey plat); and 4) Notification if the expected final reclamation size of a well pad will be greater than five acres in size. WAFWA or the TSP, in cooperation with the Participant, will complete the following Site Information: 15) Map(s) of the lease to be developed, including existing impacts and buffers; 26) A shapefile or KML file describing the lease to be developed, including all existing impacts; and 37) A HEG HEG, (available on the WAFWA website) for property to be developed. WAFWA shall complete the Site Information within 30 days of its initial consultation with the Participant on the Project. WAFWA shall notify the Participant of the amount of Mitigation Fees associated with the Project, if any, in accordance with Section XIII(B) (Enrollment and Mitigation Fees). If the Site Information is completed by a TSP, the TSP will provide the Project Development Information and Site Information to WAFWA and the Site Information to the Participant. Within 10 days of receiving the Project Development Information and Site Information, WAFWA shall notify the Participant of the amount of Mitigation Fees associated with the Project, if any, in accordance with Section XIII(B) XIII (Enrollment and Mitigation Fees). If LEPC surveys of the proposed location of Impact Activities have not been conducted in accordance with the LEPC survey protocol (Appendix H of the RWP) within the previous 5 years, and the proposed location of Impact Activities is within the 2013 CHAT (categories 1-3), surveys may be necessary. A knowledge of lek presence is required for implementing avoidance measures. The Participant has the option of conducting surveys according to WAFWA protocols or allowing state or WAFWA affiliated personnel to conduct surveys of the site prior to commencement of Impact Activities. The Participant may also assume the location of Impact Activities is occupied with active leks without conducting a survey, proceed with the Impact Activities, and apply the related Conservation Measures to minimize disturbance impacts until a survey is conducted.