Linear Infrastructure Sector. Pursuant to Section 13.0 of this CCAA and as further set forth in this CI, the Participant agrees to pay Enrollment, Implementation and Habitat Conservation Fees to the Administrator as called for by Appendix D. To assist in developing and prioritizing Conservation Measures and Actions, upon initial enrollment and thereafter, annually by December 1, Participants will provide the Administrator with an estimate of surface disturbances anticipated in the course of its development for the upcoming calendar year. High and Intermediate Suitability Areas of DSL Habitat: Avoidance of High and Intermediate Suitability DSL Habitat is required unless the buried linear infrastructure 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. Avoidance of High and Intermediate Suitability DSL Habitat is required unless the aboveground linear infrastructure Participant demonstrates that the criteria below are met: • No feasible technologically routing diversions are available • Spanning High and Intermediate Suitability DSL Habitat is not possible; and • Areas in Low Suitability Habitat or areas with existing disturbance in habitat are not available. Before areas of High and Intermediate Suitability DSL Habitat can be disturbed, the Participant must submit a written demonstration of compliance with the criteria above. The Participant may also demonstrate that the Habitat Suitability designation in the Texas State University 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, in consultation with FWS, and 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 ten calendar days of receiving the Participant’s documentation. The Administrator will avoid unnecessary requests for information and will not exceed the ten-calendar day review period after receipt of complete documentation. The Administ...
