BLM Leasing Documents/NVN 094097
NVN 094097
- Lease Stipulations
- A team composed of BLM, USFWS, and NDOW specialists advises the BLM State Director on appropriate mitigation measures for the project and its ancillary facilities, including lek buffer distances using the best available science.
- Mitigation actions are consistent with this ARMPA's mitigation strategy, such as the
- The footprint of the project is consistent with the Disturbance Management Protocols
- Linear features (roads) within 3.1 miles of leks
- Infrastructure related to energy development within 3 .1 miles of leks
- Tall structures (e.g., communication or transmission towers and transmission lines)
- Low structures ( e.g., fences and rangeland structures) within 1.2 miles of leks
- Surface disturbance ( continuing human activities that alter or remove the natural
- Noise and related disruptive activities, including those that do not result in habitat
- Lease Stipulation Document File
- Download
- NEPA Document Links
- NEPA Document PDF Uploads
Download
Geothermal Resource Areas Information
Cultural Resources and Tribal Consultation
This lease may be found to contain historic properties and/or resources protected under the National Historic Preservation Act (NHPA), American Indian Religious Freedom Act, Native American Graves Protection and Repatriation Act, Executive Order 13007, or other statutes and executive orders. The Bureau of Land Management (BLM) will not approve any ground disturbing activities that may affect any such properties or resources until it completes its obligations (e.g., State Historic Preservation Officer (SHPO) and tribal consultation) under applicable requirements of the NHPA and other authorities. The BLM may require modification to exploration or development proposals to protect such properties, or disapprove any activity that is likely to result in adverse effects that cannot be successfully avoided, minimized, or mitigated.
Riparian Habitat
To protect the values and functions of riparian and wetland areas based on the nature, extent, and value of the area potentially affected, No Surface Occupancy (NSO) on and within riparian-wetland vegetated areas.
Exception: The Authorized Officer may grant an exception if an environmental review determines that the action, as proposed or otherwise restricted, does not affect the resource. An exception may also be granted if the proponent, Bureau of Land Management (BLM), and other affected interests (e.g. Nevada Department of Wildlife {NDOW)) negotiate mitigation that would satisfactorily offset the anticipated negative impacts. An exception may be granted for actions designed to enhance the long-term utility or availability of the riparian habitat.
Modification: The Authorized Officer may modify the size and shape of the restricted area if an environmental analysis indicates the actual suitability of the land for the resource differs from that in the otherwise applicable restriction.
Waiver: The restriction may be waived if it is determined that the described lands do not contain the subject resource, or are incapable of serving the requirements of the resource and therefore no longer warrant consideration as a component necessary for protection of the resource.
Riparian Habitat Buffer
To protect the values and functions of riparian and wetland areas based on the nature, extent, and value of the area potentially affected, Controlled Surface Use (CSU) will be applied within 500 feet of riparian-wetland Vegetation. An engineering plan or a study may be required by the operator that identifies the extent of the resource or how the resource will be managed or protected.
Exception: The Authorized Officer may grant an exception if an environmental review determines that the action, as proposed or otherwise restricted, does not affect the resource. An exception may also be granted if the proponent, Bureau of Land Management (BLM), and other affected interests (e.g. Nevada Department of Wildlife (NDOW)) negotiate mitigation that would satisfactorily offset the anticipated negative impacts. An exception may be granted for actions designed to enhance the long-term utility or availability of the riparian habitat.
Modification: The Authorized Officer may modify the size and shape of the restricted area if an environmental analysis indicates the actual suitability of the land for the resource differs from that in the otherwise applicable restriction.
Waiver: The restriction may be waived if it is determined that the described lands do not contain the subject resource, or are incapable of serving the requirements of the resource and therefore no longer warrant consideration as a component necessary for protection of the resource.
Wild Horse and Burro
Wild horse or burro herds are known to use some or all of the proposed lease area. If proposed fluid mineral activities are to occur in a herd management area (HMA) or a Herd Area (HA) the BLM Authorized Officer may identify mitigation measures necessary for reducing adverse impacts to wild horses and/or burros. These measures would be designed in a manner that does not hinder the wild and free-roaming behavior of the horses and burros and may include, but are not limited to, providing alternative water sources for horses of equal quality and quantity as well as fencing to prevent access to project area. Additional specific measures to protect horses and burros may be developed during review of proposals.
Raptor Nest Sites
To protect raptor nesting activities necessary to maintaining the critical life stages of existing raptor populations, no surface activity from March 1 through July 31 within 0.5 mile of a raptor nest site which has been active within the past five years.
Exception: The Authorized Officer may grant an exception if an environmental review determines that the action, as proposed or otherwise restricted, does not adversely affect raptor nest sites being protected by the restriction. An exception may also be granted if the proponent, BLM, and other affected interests, in consultation with Nevada Department of Wildlife, negotiate mitigation that would satisfactorily offset the anticipated impacts. An exception may be granted for actions designed to enhance the long-term utility or availability of the habitat.
Modification: The boundaries of the stipulated area may be modified if the authorized officer, in consultation with Nevada Department of Wildlife, determines that portions of the area can be occupied without adversely affecting raptor nesting activity. The dates for the timing restriction may be modified if new information indicates the dates are not valid for the leasehold.
Waiver: The stipulation may be waived if the authorized officer, in consultation with Nevada Department of Wildlife determines that the entire leasehold no longer contains raptor nest sites.
Migratory Bird Treaty Act
The Operator is responsible for compliance with provisions of the Migratory Bird Treaty Act by implementing measures to prevent a take of migratory birds. Operators should be aware that any ground clearing or other disturbance (such as creating cross-country access to sites, drilling, and/or construction) during the migratory bird (including raptors) nesting season (March 1 -July 31) risks a violation of the Migratory Bird Treaty Act (please contact USFWS for more information). Disturbance to nesting migratory birds should be avoided by conducting land-clearing activities outside the migratory bird nesting season (March 1 ~July 31 ). If surface disturbing activities must be implemented during the migratory bird nesting season, a preconstruction survey for nesting migratory birds should be performed by a qualified wildlife biologist, within the area of the proposed action including an appropriate-sized buffer from the project footprint during the breeding season if activities are proposed within this timeframe (if work is not completed within a specified time frame, then additional surveys may be needed). If active nests are found, an appropriately-sized no surface disturbance buffer determined in coordination with the BLM biologist should be placed on the active nest until the nesting attempt has been completed. If active nests are not found, construction activities must occur within the survey validity time frame specified in the GDP or conditions of approval.
Sage-Grouse Habitat
No Surface Occupancy (NSO) to protect Greater Sage-Grouse habitat in Priority Habitat Management Areas (PHMA) outside of Sagebrush Focal Areas (SFAs), with one exception.
Exception: Geothermal projects within portions of the Nevada PHMA outside of SFA may be considered for authorization, if all of the following conditions are met:
Nevada Conservation Credit System.
identified in this Plan (see Action SSS 2 and Appendix I).
Modification: None
Waiver: None
Sage-Grouse Habitat
To protect Greater Sage-Grouse (GRSG) lekking habitat in General Management Habitat Areas (GHMA), No Surface Activity would be allowed within 4.0 miles of active or pending GRSG leks from March 1 through May 15.
Exception: The Authorized Officer may grant an exception where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat. An exception may also be granted if the proponent, the BLM, and the appropriate state agency negotiate mitigation that would provide a clear net conservation gain to GRSG and its habitat.
Modification: The Authorized Officer may modify the size and shape of the restricted area or the period of limitation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat.
Waiver: The Authorized Officer may wave the stipulation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the described lands do not contain GRSG or suitable habitat or are otherwise incapable of serving the requirements of GRSG and therefore no longer warrant consideration as a component necessary for their protection.
Sage-Grouse Habitat
To protect Greater Sage-Grouse (GRSG) winter habitat, No Surface Occupancy (NSO) would be allowed in GRSG General Management Habitat Areas (GHMA) winter habitat from November 1 through February 28.
Exception: The Authorized Officer may grant an exception where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat. An exception may also be granted if the proponent, the BLM, and the appropriate state agency negotiate mitigation that would provide a clear net conservation gain to GRSG and its habitat.
Modification: The Authorized Officer may modify the size and shape of the restricted area or the period of limitation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat.
Waiver: The Authorized Officer may wave the stipulation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the described lands do not contain GRSG or suitable habitat or are otherwise incapable of serving the requirements of GRSG and therefore no longer warrant consideration as a component necessary for their protection.
Sage-Grouse Habitat
To provide seasonal protection of Greater Sage-Grouse (GRSG) early brood-rearing habitat in General Management Habitat Areas (GHMA), No Surface Occupancy (NSO) would be allowed in GRSG early-brood rearing habitat from May 15 through June 15.
Exception: The Authorized Officer may grant an exception where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat. An exception may also be granted if the proponent, the BLM, and the appropriate state agency negotiate mitigation that would provide a clear net conservation gain to GRSG and its habitat.
Modification: The Authorized Officer may modify the size and shape of the restricted area or the period of limitation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat.
Waiver: The Authorized Officer may wave the stipulation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the described lands do not contain GRSG or suitable habitat or are otherwise incapable of serving the requirements of GRSG and therefore no longer warrant consideration as a component necessary for their protection.
Sage-Grouse Habitat
To provide seasonal protection in Greater Sage Grouse (GRSG) late brood-rearing habitat, No Surface Occupancy (NSO) would be allowed in GRSG late brood-rearing habitat from June 15 through September 15.
Exception: The Authorized Officer may grant an exception where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat. An exception may also be granted if the proponent, the BLM, and the appropriate state agency negotiate mitigation that would provide a clear net conservation gain to GRSG and its habitat.
Modification: The Authorized Officer may modify the size and shape of the restricted area or the period of limitation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the action, as proposed or otherwise restricted, does not adversely affect GRSG or its habitat.
Waiver: The Authorized Officer may wave the stipulation where an environmental review and consultation with the Nevada Department of Wildlife & Sagebrush Ecosystem Technical Team determines that the described lands do not contain GRSG or suitable habitat or are otherwise incapable of serving the requirements of GRSG and therefore no longer warrant consideration as a component necessary for their protection.
Sage-Grouse Habitat
To protect Greater Sage Grouse (GRSG) lek sites by implementing noise restrictions near leks in General Management Habitat Areas (GHMA), authorizations/permits would limit noise from discretionary activities (during construction, operation, or maintenance) to not exceed 10 decibels above ambient sound levels at least .25 miles from active and pending leks from 2 hours before to 2 hours after sunrise and sunset during the breeding season from March 1 to May 15.
Exception: None
Modification: None
Waiver: None
Sage-Grouse Habitat
To protect Greater Sage-Grouse (GRSG) leks in General management Habitat Areas (GHMA), the BLM will apply lek buffer distances specified as the lower end of the interpreted range in the report unless justifiable departures are determined to be appropriate (see below). The lower end of the interpreted range of the lek buffer distances is as follows:
within 2 miles of leks
vegetation) within 3.1 miles of leks
loss (e.g., motorized recreational events) at least 0.25 miles from leks.
Exception: Justifiable departures to decrease or increase from these distances, based on local data, best available science, landscape features, and other existing protections (e.g., land use allocations and state regulations) may be appropriate for determining activity impacts. The USGS report recognized "that because of variation in populations, habitats, development patterns, social context, and other factors, for a particular disturbance type, there is no single distance that is an appropriate buffer for all populations and habitats across the sage-grouse range." The USGS report also states that "various protection measures have been developed and implemented ... [which have] the ability (alone or in concert with others) to protect important habitats, sustain populations, and support multiple-use demands for public lands." All variations in lek buffer distances will require appropriate analysis and disclosure as part of activity authorization.
Modification: None
Waiver: None
Sage-Grouse Habitat
To create a net conservation gain at the project and Biologically Significant Unit (BSU) level with a 3% disturbance Cap in Priority Habitat Management Area (PHMA), new development/activity would not exceed the 3% disturbance cap protocol at either the BSU or project scale, unless a technical team (described under the exception) determines that new or site-specific information indicates the project could be modified to result in a net conservation gain at the BSU level.
Exception: Nevada lands only - Any exception to the disturbance cap may be approved by the Authorized Officer only with the concurrence of the State Director. The Authorized Officer may not grant an exception unless the Nevada Division of Wildlife (NDOW), the U.S. Fish and Wildlife Service (USFWS), and the Bureau of Land Management (SLM) unanimously find that the proposed action satisfies the conditions stated in the stipulation. Initially, the technical team would make such finding; the team consists of a field biologist or other GRSG expert from each respective agency. In the event the initial findings were not unanimous, the finding may be elevated to the SLM State Director, USFWS State Ecological Services Director, and NDOW Director for final resolution. In the event their recommendations were not unanimous to grant the exception, the exception would not be granted.
Modification: None
Waiver: None
100-Year Flood Plain
To protect the unique biological and hydrological features associated with 100-year flood plains of major rivers, No Surface Occupancy (NSO) on 100-year flood plains of major rivers that have a one percent chance of flooding in any given year.
Exception: The Authorized Officer may grant an exception if an environmental review determines that the action, as proposed or otherwise restricted, does not affect the resource. An exception may also be granted if the proponent, Bureau of Land Management (BLM), and other affected interests (e.g. Nevada Department of Wildlife (NDOW)) negotiate mitigation that would satisfactorily offset the anticipated negative impacts. An exception may be granted for actions designed to enhance the long-term utility or availability of the 100-year flood plain.
Modification: The Authorized Officer may modify the size and shape of the restricted area if an environmental analysis indicates the actual suitability of the land for the resource differs from that in the otherwise applicable restriction.
Waiver: The restriction may be waived if it is determined that the described lands do not contain the subject resource, or are incapable of serving the requirements of the resource and therefore no longer warrant consideration as a component necessary for protection of the resource.
Playas
No Surface Occupancy (NSO) on playas. Playas are defined as the ephemeral round depressions within areas of dry lake beds in which water collects after a rain event and evaporates relatively quickly.
Exception: The Authorized Officer may grant an exception if an environmental review determines that the action, as proposed or otherwise restricted, does not affect the resource. An exception may also be granted if the proponent, Bureau of Land Management (BLM), and other affected interests (e.g. Nevada Department of Wildlife (NDOW)) negotiate mitigation that would satisfactorily offset the anticipated negative impacts. An exception may be granted for actions designed to enhance the long-term utility or availability of the playa resource.
Modification: The Authorized Officer may modify the size and shape of the restricted area if an environmental analysis indicates the actual suitability of the land for the resource differs from that in the otherwise applicable restriction.
Waiver: The restriction may be waived if it is determined that the described lands do not contain the subject resource, or are incapable of serving the requirements of the resource and therefore no longer warrant consideration as a component necessary for protection of the resource.
Protection of Geothermal Features
Any leases that contain thermal features (e.g., springs or surface expressions) would require monitoring of the thermal features during any exploration, development, and production of the lease to ensure that there are no impacts to water quality or quantity.
Soil Slopes Greater than 40 Percent
To maintain soil productivity, provide necessary protection to prevent excessive soil erosion on steep slopes, to avoid areas subject to slope failure, mass wasting, piping, or having excessive reclamation problems, No Surface Occupancy (NSO) on slopes greater than 40 percent.
Exception: The Authorized Officer may grant an exception if a staff review determines that the proposed action is of a scale (pipeline, vs. road, vs. well pad) or sited in a location or a site specific evaluation determines that the slope would not result in mass slope failure or accelerated erosion and the operator would be able to meet BLM's reclamation standards.
Modification: The Authorized Officer may modify the area subject to the stipulation based upon a BLM evaluation of the area. The stipulation and performance standards identified above may also be modified based on negative or positive monitoring results from similar proposed actions on similar sites or increased national or state performance standards.
Waiver: The restriction may be waived if it is determined that the described lands do not include lands with slopes greater than 40 percent. This determination shall be based upon USGS mapping and a BLM evaluation of the area.