Common use of Oil and Gas Sector Clause in Contracts

Oil and Gas Sector. ‌ Oil and gas Participants will pay Enrollment, Habitat Conservation, and Implementation Fees as set out in Appendix D. In addition to payment of these fees, Participants agree to implement the following Conservation Measures for New Surface Disturbances to avoid and minimize impacts to Covered Species. General Measures: To assist in developing and prioritizing Conservation Measures and Actions, upon initial enrollment and thereafter, annually by December 1, oil and gas Participants will provide the Administrator with an estimate of surface disturbances anticipated in the course of its development for the upcoming calendar year. The estimate of surface disturbance need only be based on the Participant’s planned development. The Participant’s actual surface disturbance is reported to the Administrator as discussed below, recognizing that disturbances may differ from the estimate provided. For properties with severed surface and mineral estates that oil and gas Participants are actively engaged in development, Participants agree to work with the mineral estate and the Administrator to identify approaches to development that avoid, minimize or offset impacts from development, taking into consideration statutory and legal rights of the mineral estate. For example, developed approaches may include encouraging cooperation between owners of the mineral estates to minimize new disturbances through the use of an existing road or right-of-way, or where feasible and appropriate, developing surface use or mineral management plans. Seismic activities shall be limited to areas outside High and Intermediate Suitability DSL Habitat unless walk-in geophonic, other smaller seismic survey equipment is utilized or the activities are limited to periods of lizard inactivity (October through March). Where feasible, existing roads, pads, or utility easements in High or Intermediate Suitability DSL Habitat will be identified that would permit OHV and/or equipment used to induce seismic pulses to be used without corresponding impacts to the DSL. Seismic activities in Low Suitability DSL Habitat are allowed but, where possible, existing roads, pads, or easements should be utilized to minimize potential impact to the habitat. Where the Administrator identifies permanent impacts from seismic activities, the oil and gas Participant will work with the Administrator to identify and provide mitigation equal to the permanent impacts. To the extent legally, technically, and economically feasible, oil and gas Participants also will avoid development in areas of High and Intermediate Suitability DSL Habitat where the well density is equal to or more than four well pads/mi2 but less than 13 well pads/mi2, unless the Participant demonstrates that avoidance is not feasible.

Oil and Gas Sector. ‌ Oil and gas Participants will pay Enrollment, Habitat Conservation, and Implementation Fees as set out in Appendix D. In addition to payment of these fees, Participants agree to implement the following Conservation Measures for New Surface Disturbances to avoid and minimize impacts to Covered Species. General Measures: To assist in developing and prioritizing Conservation Measures and Actions, upon initial enrollment and thereafter, annually by December 1, oil and gas Participants Participant will provide the Administrator with an estimate of surface disturbances anticipated in the course of its development for the upcoming calendar year. The estimate of surface disturbance need only be based on the Participant’s planned development. The Participant’s actual surface disturbance is reported to the Administrator as discussed below, recognizing that disturbances may differ from the estimate provided. For properties with severed surface and mineral estates that oil and gas Participants are actively engaged in development, Participants agree to work with the mineral estate non-surface estates and the Administrator to identify approaches to development that avoid, minimize or offset impacts from development, taking into consideration statutory and legal rights of the mineral estate. For example, developed approaches may include encouraging cooperation between owners of the mineral estates to minimize new disturbances through the use of an existing road or a single right-of-way, or where feasible and appropriate, developing surface use or mineral management plans. Seismic activities shall be limited to areas outside High and Intermediate Suitability DSL Habitat unless walk-in geophonic, other smaller seismic survey equipment is utilized or the activities are limited to periods of lizard inactivity (October through March). Where feasible, existing roads, pads, or utility easements in High or Intermediate Suitability DSL Habitat will be identified that would permit OHV and/or equipment used to induce seismic pulses to be used without corresponding impacts to the DSL. Seismic activities in Low Suitability DSL Habitat are allowed but, where possible, existing roads, pads, or easements should be utilized to minimize potential impact to the habitat. Where the Administrator identifies permanent impacts from a Participant’s seismic activities, the oil and gas Participant will work with the Administrator to identify and provide mitigation equal to the permanent impacts. To the extent legally, technically, and economically feasible, oil and gas Participants Participant also will avoid development in areas of High and Intermediate Suitability DSL Habitat where the well density is equal to or more than four well pads/mi2 but less than 13 well pads/mi2, mi2 unless the Participant demonstrates that avoidance is not feasible.

Oil and Gas Sector. ‌ Oil and gas Participants will pay Enrollment, Habitat Conservation, and Implementation Fees as set out in Appendix D. In addition to payment of these fees, Participants agree to implement the following Conservation Measures for New Surface Disturbances to avoid and minimize impacts to Covered Species. General Measures: To assist in developing and prioritizing Conservation Measures and Actions, upon initial enrollment and thereafter, annually by December 1, oil and gas Participants will provide the Administrator with an estimate of surface disturbances anticipated in the course of its development for the upcoming calendar year. The estimate of surface disturbance need only be based on the Participant’s planned development. The Participant’s actual surface disturbance is reported to the Administrator as discussed below, recognizing that disturbances may differ from the estimate provided. For properties with severed surface and mineral estates that oil and gas Participants are actively engaged in development, Participants agree to work with the mineral estate and the Administrator to identify approaches to development that avoid, minimize or offset impacts from development, taking into consideration statutory and legal rights of the mineral estate. For example, developed approaches may include encouraging cooperation between owners of the mineral estates to minimize new disturbances through the use of an existing road or right-of-way, or where feasible and appropriate, developing surface use or mineral management plans. Seismic activities shall be limited to areas outside High and Intermediate Suitability DSL Habitat unless walk-in geophonic, other smaller seismic survey equipment is utilized or the activities are limited to periods of lizard inactivity (October through March). Where feasible, existing roads, pads, or utility easements in High or Intermediate Suitability DSL Habitat will be identified that would permit OHV and/or equipment used to induce seismic pulses to be used without corresponding impacts to the DSL. Seismic activities in Low Suitability DSL Habitat are allowed but, where possible, existing roads, pads, or easements should be utilized to minimize potential impact to the habitat. Where the Administrator identifies permanent impacts from seismic activities, the oil and gas Participant will work with the Administrator to identify and provide mitigation equal to the permanent impacts. To the extent legally, technically, and economically feasible, oil and gas Participants also will avoid development in areas of High and Intermediate Suitability DSL Habitat where the well density is equal to or more than four well pads/mi2 but less than 13 well pads/mi2, unless the Participant demonstrates that avoidance is not feasible.