Common use of MANAGEMENT PROGRAM Clause in Contracts

MANAGEMENT PROGRAM. Limited information regarding the biology of the Talussnail is available at this time. Therefore, management actions cannot as yet be fully identified. The most pressing requirement is to ensure that no actions occur on the land that will alter the existing physical environment and lead to changes in suitability of the habitat to sustain the species. A. EPNG and AEPCO agree to the Management Program as stated in this Article VI for the designated period of time. 1. An Advisory Committee shall be established to provide guidance, discussion and review of the progress of the Management Program. Each party to this Conservation Agreement shall appoint a representative to serve on the Advisory Committee. 2. The area encompassing and adjacent to the habitat will be recognized as the "Area of Concern" and shall not undergo any modifications. The Advisory Committee shall, after the effective date of this Conservation Agreement, agree upon and ▇▇▇▇ the corners of the Area of Concern, including the area that drains into the talus slope. It is anticipated that the Area of Concern shall encompass the canyon body, approximately 100 by 200 feet, including a 50 feet buffer around the perimeter. 3. EPNG and AEPCO agree that no rock, soil or construction material shall be removed or added to the Area of Concern. 4. The dirt road above the Area of Concern will not be widened. 5. Routine road maintenance above the Area of Concern shall not be conducted during rainy periods of July and August and will be done so that the hydrology of the talus slope is not altered and there is no redistribution or buildup of soil or rocks that could be carried into the talus slope habitat by runoff events. Emergency road maintenance shall not be prohibited by this paragraph. However, Cooperators shall be notified of any emergency actions as soon as practicable. 6. If herbicides are required for the control of non-native or invading species at the microwave tower site or on the road, they will be selectively applied by hand, not during periods of rain, and when the probability of precipitation is low. AEPCO who maintains the road, has never applied herbicides to the road or anywhere near the talus slope. Although herbicides may be used upslope at the microwave site, the application is confined to the microwave tower fenced area and consists of annual pre-emergent application in the November to March time frame. Herbicide use shall follow all application guidelines and attempts shall be made to apply sufficiently prior to periods of rain to allow for decomposition. 7. Maintenance or additions to the microwave facilities on the hill-top shall not be prohibited by this Management Program. EPNG and/or AEPCO shall notify Cooperators and take reasonable precautions to prevent rock, soil or construction material from being transported to the Area of Concern both during construction and post-construction precipitation events. The Advisory Committee will review all plans for change. Some of the mitigation measures currently being considered include removing excess materials, establishing temporary barriers, silt fences, or hay ▇▇▇▇▇ down ▇▇▇▇ from the construction area. Actual measures will be determined when expansion plans have been finalized. B. The Service agrees to the following conditions for the designated period of time: 1. The Service will select a representative to serve on the Advisory Committee to identify management needs and implement conservation actions for the Talussnail, based on information provided by Federal and State agencies and species experts, and the identification of established goals. 2. The Service will provide technical expertise, survey assistance, and monitoring assistance in implementation of the Management Program for the Talussnail. 3. The Service will provide field assistance to EPNG and AEPCO for advice and counsel on site specific actions that may affect the Talussnail or its habitat. 4. The Service will seek funding necessary to implement the Management Program. C. The Department agrees to the following conditions for the designate period of time: 1. The Department will select a representative to serve on the Advisory Committee to identify management needs and implement conservation actions for the Talussnail, based on information provided by Federal and State agencies and species experts, and the identification of established goals. 2. The Department will provide technical expertise, survey assistance, and monitoring assistance in implementation of the Management Program for the Talussnail. 3. The Department will provide field assistance with implementation of the Management Program. 4. The Department will retain the Talussnail species on subsequent Crustaceans and Mollusks Commission Order 42 and the list of sensitive elements that qualify for Heritage funding. 5. The Department will review the Management Program and any other documents related to the conservation effort for the Talussnail and provide needed advice and counsel.