Common use of Land Use Activities Clause in Contracts

Land Use Activities. Land use activities are those property-specific activities implemented routinely on enrolled lands as part of the legal use of the enrolled or neighboring property. The land use activities agreed to in each Landowner Agreement are site specific and determined on a case-by-case basis between KDWP and the Cooperator. Land use activities, for example, may support farming, ranching, and forestry, and the construction and use of small to medium-sized structures in support of the primary land use activity, on the enrolled lands (see Section 5.0, Landowner Agreement and Certificates of Inclusion, for a description of how enrolled lands would be identified and described for each Cooperator). Land use activities covered by the Agreement include: 10 As with all covered activities in this SHA/CCAA Agreement, passage improvement projects included as habitat management actions in this SHA/CCAA Agreement must qualify for the Categorical Exclusion used for National Environmental Policy Act compliance for this SHA/CCAA Agreement. See Section 25.0, National Environmental Policy Act Compliance, for details. • Ground and vegetation disturbance activities such as tilling, overland travel by vehicles, crop harvest and bailing, vehicle and structure repair, ground disturbance by livestock, harvest and bailing of crops, creating fire breaks, and tree removal. • In-stream disturbance activities such as water diversions, in-stream impoundments, and streamside access points for recreation or livestock access. The frequency of land use activities on forestry lands is generally low. Some infrequent on-road or off-road vehicle traffic and potentially some clearing and grubbing may be associated with understory maintenance. Ground disturbance may be associated with the creation of fire breaks; as with farming and ranching, there may be the occasional need for construction of support buildings. Timber harvest activities, though they occur infrequently, require the use of large equipment and may involve substantial ground disturbance. The Cooperator and KDWP, in coordination on the development of the Landowner Agreement, will work together to evaluate land use activities and the compatibility with covered species conservation. In addition, the Cooperator and KDWP will follow the evaluation process in Appendix E to identify additional measures that might be necessary to minimize or avoid impacts to non-covered federally listed species. Due to the magnitude of ground disturbance associated with timber harvest and the sediment and erosion such disturbance would generate, forestry lands may be incompatible with the reintroduction under this SHA/CCAA Agreement. However, if sufficient buffer lands exist between the timber harvest location and the habitat for covered species on the enrolled property, the adverse effects of timber harvest can be avoided or minimized such that enrollment is possible. Reintroductions may also occur in developed areas (i.e., residential or commercial development). Ground-disturbing activities are likely to be infrequent and of a low magnitude in semirural and low-density residential locations. Areas of moderate- and high-density development are more likely to have relatively frequent ground-disturbing activities that contribute sediment and toxins to the local stream or river. However, construction in developed regions is much more likely to be strictly regulated and enforced by state and federal environmental laws. The potential for developed lands to be enrolled in this SHA/CCAA Agreement is low because developed lands have smaller parcel sizes that are not typically conducive to conservation. Also, aquatic habitat in developed regions is likely to be degraded and is therefore unlikely to meet the habitat requirements for reintroduced species. Although the number of opportunities to enroll developed lands may be low, there may be exceptions, and thus, these types of lands and activities are described here.

Land Use Activities. Land use activities are those property-specific activities implemented routinely on enrolled lands as part of the legal use of the enrolled or neighboring property. The land use activities agreed to in each Landowner Agreement are site specific and determined on a case-by-case basis between KDWP and the Cooperator. Land use activities, for example, may support farming, ranching, and forestry, and the construction and use of small to medium-sized structures in support of the primary land use activity, on the enrolled lands (see Section 5.0, Landowner Agreement and Certificates of Inclusion, for a description of how enrolled lands would be identified and described for each Cooperator). Land use activities covered by the Agreement include: • Ground and vegetation disturbance activities such as tilling, overland travel by vehicles, crop harvest and bailing, vehicle and structure repair, ground disturbance by livestock, harvest and bailing of crops, creating fire breaks, and tree removal. 10 As with all covered activities in this SHA/CCAA Agreement, passage improvement projects included as habitat management actions in this SHA/CCAA Agreement must qualify for the Categorical Exclusion used for National Environmental Policy Act compliance for this SHA/CCAA Agreement. See Section 25.0, National Environmental Policy Act Compliance, for details. • Ground and vegetation disturbance activities such as tilling, overland travel by vehicles, crop harvest and bailing, vehicle and structure repair, ground disturbance by livestock, harvest and bailing of crops, creating fire breaks, and tree removal. • In-stream disturbance activities such as water diversions, in-stream impoundments, and streamside access points for recreation or livestock access. The frequency of land use activities on forestry lands is generally low. Some infrequent on-road or off-road vehicle traffic and potentially some clearing and grubbing may be associated with understory maintenance. Ground disturbance may be associated with the creation of fire breaks; as with farming and ranching, there may be the occasional need for construction of support buildings. Timber harvest activities, though they occur infrequently, require the use of large equipment and may involve substantial ground disturbance. The Cooperator and KDWP, in coordination on the development of the Landowner Agreement, will work together to evaluate land use activities and the compatibility with covered species conservation. In addition, the Cooperator and KDWP will follow the evaluation process in Appendix E to identify additional measures that might be necessary to minimize or avoid impacts to non-covered federally listed species. Due to the magnitude of ground disturbance associated with timber harvest and the sediment and erosion such disturbance would generate, forestry lands may be incompatible with the reintroduction under this SHA/CCAA Agreement. However, if sufficient buffer lands exist between the timber harvest location and the habitat for covered species on the enrolled property, the adverse effects of timber harvest can be avoided or minimized such that enrollment is possible. Reintroductions may also occur in developed areas (i.e., residential or commercial development). Ground-disturbing activities are likely to be infrequent and of a low magnitude in semirural and low-density residential locations. Areas of moderate- and high-density development are more likely to have relatively frequent ground-disturbing activities that contribute sediment and toxins to the local stream or river. However, construction in developed regions is much more likely to be strictly regulated and enforced by state and federal environmental laws. The potential for developed lands to be enrolled in this SHA/CCAA Agreement is low because developed lands have smaller parcel sizes that are not typically conducive to conservation. Also, aquatic habitat in developed regions is likely to be degraded and is therefore unlikely to meet the habitat requirements for reintroduced species. Although the number of opportunities to enroll developed lands may be low, there may be exceptions, and thus, these types of lands and activities are described here.

Land Use Activities. Land use activities are those property-specific activities implemented routinely on enrolled lands as part of the legal use of the enrolled or neighboring property. The land use activities agreed to in each Landowner Agreement are site specific and determined on a case-by-case basis between KDWP and the Cooperator. Land use activities, for example, may support farming, ranching, and forestry, and the construction and use of small to medium-sized structures in support of the primary land use activity, on the enrolled lands (see Section 5.0, Landowner Agreement and Certificates of Inclusion, for a description of how enrolled lands would be identified and described for each Cooperator). Land use activities covered by the Agreement include: 10 As with all covered activities in this SHA/CCAA Agreement, passage improvement projects included as habitat management actions in this SHA/CCAA Agreement must qualify for the Categorical Exclusion used for National Environmental Policy Act compliance for this SHA/CCAA Agreement. See Section 25.0, National Environmental Policy Act Compliance, for details. • Ground and vegetation disturbance activities such as tilling, overland travel by vehicles, crop harvest and bailing, vehicle and structure repair, ground disturbance by livestock, harvest and bailing of crops, creating fire breaks, and tree removal. • In-stream disturbance activities such as water diversions, in-stream impoundments, and streamside access points for recreation or livestock access. The frequency of land use activities on forestry lands is generally low. Some infrequent on-road or off-road vehicle traffic and potentially some clearing and grubbing may be associated with understory maintenance. Ground disturbance may be associated with the creation of fire breaks; as with farming and ranching, there may be the occasional need for construction of support buildings. Timber harvest activities, though they occur infrequently, require the use of large equipment and may involve substantial ground disturbance. The Cooperator and KDWP, in coordination on the development of the Landowner Agreement, will work together to evaluate land use activities and the compatibility with covered species conservation. In addition, the Cooperator and KDWP will follow the evaluation process in Appendix E to identify additional measures that might be necessary to minimize or avoid impacts to non-covered federally listed species. Due to the magnitude of ground disturbance associated with timber harvest and the sediment and erosion such disturbance would generate, forestry lands may be incompatible with the reintroduction under this SHA/CCAA Agreement. However, if sufficient buffer lands exist between the timber harvest location and the habitat for covered species on the enrolled property, the adverse effects of timber harvest can be avoided or minimized such that enrollment is possible. Reintroductions may also occur in developed areas (i.e., residential or commercial development). Ground-disturbing activities are likely to be infrequent and of a low magnitude in semirural and low-density residential locations. Areas of moderate- and high-density development are more likely to have relatively frequent ground-disturbing activities that contribute sediment and toxins to the local stream or river. However, construction in developed regions is much more likely to be strictly regulated and enforced by state and federal environmental laws. The potential for developed lands to be enrolled in this SHA/CCAA Agreement is low because developed lands have smaller parcel sizes that are not typically conducive to conservation. Also, aquatic habitat in developed regions is likely to be degraded and is therefore unlikely to meet the habitat requirements for reintroduced species. Although the number of opportunities to enroll developed lands may be low, there may be exceptions, and thus, these types of lands and activities are described here.

Land Use Activities. Land use activities are those property-specific activities implemented routinely on enrolled lands as part of the legal use of the enrolled or neighboring property. The land use activities agreed to in each Landowner Agreement are site specific and determined on a case-by-case basis between KDWP and the Cooperator. Land use activities, for example, may support farming, ranching, and forestry, and the construction and use of small to medium-sized structures in support of the primary land use activity, on the enrolled lands (see Section 5.0, Landowner Agreement and Certificates of Inclusion, for a description of how enrolled lands would be identified and described for each Cooperator). Land use activities covered by the Agreement include:  Ground and vegetation disturbance activities such as tilling, overland travel by vehicles, crop harvest and bailing, vehicle and structure repair, ground disturbance by livestock, harvest and bailing of crops, creating fire breaks, and tree removal. 10 As with all covered activities in this SHA/CCAA Agreement, passage improvement projects included as habitat management actions in this SHA/CCAA Agreement must qualify for the Categorical Exclusion used for National Environmental Policy Act compliance for this SHA/CCAA Agreement. See Section 25.0, National Environmental Policy Act Compliance, for details. • Ground and vegetation disturbance activities such as tilling, overland travel by vehicles, crop harvest and bailing, vehicle and structure repair, ground disturbance by livestock, harvest and bailing of crops, creating fire breaks, and tree removal. •  In-stream disturbance activities such as water diversions, in-stream impoundments, and streamside access points for recreation or livestock access. The frequency of land use activities on forestry lands is generally low. Some infrequent on-road or off-road vehicle traffic and potentially some clearing and grubbing may be associated with understory maintenance. Ground disturbance may be associated with the creation of fire breaks; as with farming and ranching, there may be the occasional need for construction of support buildings. Timber harvest activities, though they occur infrequently, require the use of large equipment and may involve substantial ground disturbance. The Cooperator and KDWP, in coordination on the development of the Landowner Agreement, will work together to evaluate land use activities and the compatibility with covered species conservation. In addition, the Cooperator and KDWP will follow the evaluation process in Appendix E to identify additional measures that might be necessary to minimize or avoid impacts to non-covered federally listed species. Due to the magnitude of ground disturbance associated with timber harvest and the sediment and erosion such disturbance would generate, forestry lands may be incompatible with the reintroduction under this SHA/CCAA Agreement. However, if sufficient buffer lands exist between the timber harvest location and the habitat for covered species on the enrolled property, the adverse effects of timber harvest can be avoided or minimized such that enrollment is possible. Reintroductions may also occur in developed areas (i.e., residential or commercial development). Ground-disturbing activities are likely to be infrequent and of a low magnitude in semirural and low-density residential locations. Areas of moderate- and high-density development are more likely to have relatively frequent ground-disturbing activities that contribute sediment and toxins to the local stream or river. However, construction in developed regions is much more likely to be strictly regulated and enforced by state and federal environmental laws. The potential for developed lands to be enrolled in this SHA/CCAA Agreement is low because developed lands have smaller parcel sizes that are not typically conducive to conservation. Also, aquatic habitat in developed regions is likely to be degraded and is therefore unlikely to meet the habitat requirements for reintroduced species. Although the number of opportunities to enroll developed lands may be low, there may be exceptions, and thus, these types of lands and activities are described here.