Common use of Description of Baseline Conditions Clause in Contracts

Description of Baseline Conditions. Baseline conditions for this Agreement are described with reference to each enrolled property. Included in each enrolled property, for the purposes of the baseline descriptions in this section, is the bed and banks of Chewacla Creek adjacent to that property. Nothing is this Agreement shall be construed to change or otherwise impact title to any lands. The baseline is described in terms of locations and numbers of covered species. The aquatic habitat within the enrolled properties is described in ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2000) and ▇▇▇▇▇▇▇▇▇▇ (2001). Between the upstream Water Board enrolled property and the ▇▇▇▇▇▇ enrolled property, Chewacla Creek flows adjacent to multiple properties, the landowners of which are not parties to this Agreement. Populations of fine-lined pocketbook in Chewacla Creek in this area are described in ▇▇▇▇▇▇▇▇ (2001). The following is the baseline description for each enrolled property in terms of locations and numbers of the covered species: ▇▇▇▇▇▇▇▇ et al. (2003) conducted a survey for freshwater mussels at the upstream Water Board enrolled property below Lake ▇▇▇▇▇▇▇▇ Dam. ▇▇▇▇▇▇▇▇ et al. located one (1) live fine-lined pocketbook individual, but located no southern clubshell or ovate clubshell individuals, in Chewacla Creek within the upstream Water Board enrolled property. Thus, the baseline for the upstream Water Board enrolled property is one (1) for the fine-lined pocketbook and zero for the southern clubshell and ovate clubshell. The downstream Water Board enrolled property is adjacent to Chewacla Creek near the ▇▇▇▇▇▇’▇ Mill Road bridge. ▇▇▇▇▇▇▇▇ (2001) reported none of the covered species or any other member of the Unionidae family at ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge. ▇▇▇▇▇▇▇▇▇▇ (2001) also reported none of the covered species at a site just upstream of ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge (site CH4). Thus, the baseline for all the covered species for the downstream Water Board enrolled property is zero. ▇▇▇▇▇▇ (2002) conducted a survey for freshwater mussels at the ▇▇▇▇▇▇ enrolled property. ▇▇▇▇▇▇ located no live specimens of any of the covered species. Sampling performed by ▇▇▇▇▇▇▇▇▇▇ (2001) in Chewacla Creek adjacent to the ▇▇▇▇▇▇ enrolled property (site CH1B) also revealed none of the covered species. Moreover, as noted by ▇▇▇▇▇▇ (2002), much of Chewacla Creek adjacent to the ▇▇▇▇▇▇ enrolled property (from Pretty Hole downstream to outfall 2) is of an ephemeral nature and so currently can not maintain a baseline population for any of the covered species. Thus, the baseline for the ▇▇▇▇▇▇ enrolled property is zero for all covered species. Sampling performed in Chewacla Creek adjacent to the Pace enrolled property revealed none of the covered species. ▇▇▇▇▇▇▇▇ (2001) reported none of the covered species or any other member of the Unionidae family at ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge (near the western boundary of the enrolled property). ▇▇▇▇▇▇▇▇▇▇ (2001) sampled for mussels in Chewacla Creek adjacent to the Pace enrolled property near its eastern boundary (site CH2) and just upstream of the ▇▇▇▇▇’▇ Mill Creek confluence (site CH3) and reported none of the covered species. ▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2000) conducted sampling for invertebrates, including mussels, over a 100 meter stretch of Chewacla Creek adjacent to the Pace enrolled property (site CB6) and counted none of the covered species. Thus, the baseline for all the covered species for this enrolled property is zero. Sampling performed in Chewacla Creek adjacent to the ▇▇▇▇▇▇▇▇ enrolled property revealed none of the covered species. ▇▇▇▇▇▇▇▇ (2001) reported none of the covered species or any other member of the Unionidae family at ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge (near the eastern boundary of enrolled property). ▇▇▇▇▇▇▇▇▇▇ (2001) sampled for mussels in Chewacla Creek adjacent to the ▇▇▇▇▇▇▇▇ enrolled property near its eastern boundary (site CH4) and reported none of the covered species. ▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2000) conducted sampling for invertebrates, including mussels, over a 100 meter stretch of Chewacla Creek adjacent to the ▇▇▇▇▇▇▇▇ enrolled property (site CB7) and counted none of the covered species. Thus, the baseline for all the covered species for this enrolled property is zero. The ADCNR enrolled property is located on the north side of Chewacla Creek directly across from the Harris, Pace, downstream Water Board, and ▇▇▇▇▇▇▇▇ enrolled properties. Thus, the baseline for the ADCNR enrolled property is zero for all covered species, the same as the baseline for the Harris, Pace, downstream Water Board, and ▇▇▇▇▇▇▇▇ enrolled properties as described above.

Description of Baseline Conditions. Baseline conditions for this Agreement are described with reference to each enrolled property. Included in each enrolled property, for the purposes of the baseline descriptions in this section, is the bed and banks of Chewacla Creek adjacent to that property. Nothing is this Agreement shall be construed to change or otherwise impact title to any lands. The baseline is described in terms of locations and numbers of covered species. The aquatic habitat within the enrolled properties is described in ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2000) and ▇▇▇▇▇▇▇▇▇▇ (2001). Between the upstream Water Board enrolled property and the ▇▇▇▇▇▇ enrolled property, Chewacla Creek flows adjacent to multiple properties, the landowners of which are not parties to this Agreement. Populations of fine-lined pocketbook in Chewacla Creek in this area are described in ▇▇▇▇▇▇▇▇ Gangloff (2001). The following is the baseline description for each enrolled property in terms of locations and numbers of the covered species: ▇▇▇▇▇▇▇▇ et al. (2003) conducted a survey for freshwater mussels at the upstream Water Board enrolled property below Lake ▇▇▇▇▇▇▇▇ Dam. ▇▇▇▇▇▇▇▇ et al. located one (1) live fine-lined pocketbook individual, but located no southern clubshell or ovate clubshell individuals, in Chewacla Creek within the upstream Water Board enrolled property. Thus, the baseline for the upstream Water Board enrolled property is one (1) for the fine-lined pocketbook and zero for the southern clubshell and ovate clubshell. The downstream Water Board enrolled property is adjacent to Chewacla Creek near the ▇▇▇▇▇▇’▇ Mill Road bridge. ▇▇▇▇▇▇▇▇ (2001) reported none of the covered species or any other member of the Unionidae family at ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge. ▇▇▇▇▇▇▇▇▇▇ (2001) also reported none of the covered species at a site just upstream of ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge (site CH4). Thus, the baseline for all the covered species for the downstream Water Board enrolled property is zero. ▇▇▇▇▇▇ (2002) conducted a survey for freshwater mussels at the ▇▇▇▇▇▇ enrolled property. ▇▇▇▇▇▇ located no live specimens of any of the covered species. Sampling performed by ▇▇▇▇▇▇▇▇▇▇ (2001) in Chewacla Creek adjacent to the ▇▇▇▇▇▇ enrolled property (site CH1B) also revealed none of the covered species. Moreover, as noted by ▇▇▇▇▇▇ (2002), much of Chewacla Creek adjacent to the ▇▇▇▇▇▇ enrolled property (from Pretty Hole downstream to outfall 2) is of an ephemeral nature and so currently can not maintain a baseline population for any of the covered species. Thus, the baseline for the ▇▇▇▇▇▇ enrolled property is zero for all covered species. Sampling performed in Chewacla Creek adjacent to the Pace enrolled property revealed none of the covered species. ▇▇▇▇▇▇▇▇ (2001) reported none of the covered species or any other member of the Unionidae family at ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge (near the western boundary of the enrolled property). ▇▇▇▇▇▇▇▇▇▇ (2001) sampled for mussels in Chewacla Creek adjacent to the Pace enrolled property near its eastern boundary (site CH2) and just upstream of the ▇▇▇▇▇’▇ Mill Creek confluence (site CH3) and reported none of the covered species. ▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2000) conducted sampling for invertebrates, including mussels, over a 100 meter stretch of Chewacla Creek adjacent to the Pace enrolled property (site CB6) and counted none of the covered species. Thus, the baseline for all the covered species for this enrolled property is zero. Sampling performed in Chewacla Creek adjacent to the ▇▇▇▇▇▇▇▇ enrolled property revealed none of the covered species. ▇▇▇▇▇▇▇▇ (2001) reported none of the covered species or any other member of the Unionidae family at ▇▇▇ ▇▇▇▇▇▇▇ Mill Road bridge (near the eastern boundary of enrolled property). ▇▇▇▇▇▇▇▇▇▇ (2001) sampled for mussels in Chewacla Creek adjacent to the ▇▇▇▇▇▇▇▇ enrolled property near its eastern boundary (site CH4) and reported none of the covered species. ▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2000) conducted sampling for invertebrates, including mussels, over a 100 meter stretch of Chewacla Creek adjacent to the ▇▇▇▇▇▇▇▇ enrolled property (site CB7) and counted none of the covered species. Thus, the baseline for all the covered species for this enrolled property is zero. The ADCNR enrolled property is located on the north side of Chewacla Creek directly across from the Harris, Pace, downstream Water Board, and ▇▇▇▇▇▇▇▇ enrolled properties. Thus, the baseline for the ADCNR enrolled property is zero for all covered species, the same as the baseline for the Harris, Pace, downstream Water Board, and ▇▇▇▇▇▇▇▇ enrolled properties as described above.