BLM Leasing Documents/NVN 098663
NVN 098663
- Lease Stipulations
- All vehicles should carry fire extinguishers and a minimum of 10 gallons of water.
- Adequate fire-fighting equipment i.e. shovel, pulaski, extinguisher(s) and a minimum 10 gallons of water should be kept at the drill site(s).
- Vehicle catalytic converters should be inspected often and cleaned of all brush and grass debris.
- When conducting welding operations, they should be conducted in an area free from or mostly free from vegetation. A minimum of 10 gallons water and a shovel should be on hand to extinguish any fires created from the sparks. Extra personnel should be at the welding site to watch for fires created by welding sparks.
- Report wildland fires immediately to the BLM Sierra Front Interagency Dispatch Center (SFIDC) at (775) 883-5995, or to the BLM Central Nevada Interagency Dispatch Center (CNIDC) at (775) 623-3444. Helpful information to reported is location (latitude and longitude if possible), what's burning, time started, who/what is near the fire and direction of fire spread.
- When conducting operations during the months of May through September, the operator must contact the BLM Carson City District Office, Division of Fire and Aviation at (775) 885–6000, BLM Ely District Office, Division of Fire and Aviation at (775 289-1800), BLM Winnemucca District Office, Division of Fire and Aviation at (775) 623-1500, or the BLM Battle Mountain District Office, Division of Fire and Aviation at (775) 635-4000. To find out about any fire restrictions in place for the area of operation and to advise this office of approximate beginning and ending dates for your activities.
- Soil stability is maintained preventing slope failure and wind or water erosion
- The site will be stable with no evidence of accelerated erosion features
- The rate of soil erosion will be controlled to maintain or improve soil quality and sustainability. The disturbed soils shall have characteristics that approximate the reference site with regard to quantitative and qualitative soil erosion indicators described in H-7100-1 Soil Inventory, Monitoring, and Management Handbook.
- Sufficient topsoil is maintained for ensuring successful final reclamation. At locations where interim reclamation will be completed, this will be accomplished by re-spreading the topsoil over the areas of interim reclamation.
- The original landform and site productivity will be partially restored during interim reclamation and fully restored as a result of final reclamation.
- Lease Stipulation Document File
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- NEPA Document Links
Geothermal Resource Areas Information
Threatened and Endangered, Sensitive, and Special Status Species
The lease area may now or hereafter contain plants, animals, or their habitats determined to be threatened, endangered, or other special status species. BLM may recommend modifications to exploration and development proposals to further its conservation and management objective to avoid BLM-approved activity that will contribute to a need to list such a species or their habitat. BLM may require modifications to or disapprove proposed activity that is likely to result in jeopardy to the continued existence of a proposed or listed threatened or endangered species or result in the destruction or adverse modification of a designated or proposed critical habitat. BLM will not approve any ground-disturbing activity that may affect any such species or critical habitat until it completes its obligations under applicable requirements of the Endangered Species Act as amended, 16 U.S.C. §1531 et seq., including completion of any required procedure for conference or consultation.
Migratory Birds
The Operator is responsible for compliance with provisions of the Migratory Bird Treaty Act by implementing measures to prevent 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. Disturbance to nesting migratory birds should be avoided by conducting surface disturbing activities outside the migratory bird nesting season. If surface disturbing activities must be implemented during the nesting season, a preconstruction survey for nesting migratory birds should be performed by a qualified wildlife biologist, during the breeding season (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 no active nests are found, construction activities must occur within the survey validity time frame specified in the conditions of approval.
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 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.
Fossils
This area has low to moderate potential for vertebrate paleontological resources, unless noted to have higher potential in a separate stipulation. This area may contain vertebrate paleontological resources. Inventory and/or on-site monitoring during disturbance or spot checking may be required of the operator. In the event that previously undiscovered paleontological resources are discovered in the performance of any surface disturbing activities, the item(s) or condition(s) will be left intact and immediately brought to the attention of the authorized officer of the BLM. Operations within 250 feet of any such discovery will not be resumed until written authorization to proceed is issued by the Authorized Officer. The lessee will bear the cost of any required paleontological appraisals, surface collection of fossils, or salvage of any large conspicuous fossils of significant scientific interest discovered during the operations.
Water
The Operator is responsible for compliance with provisions of the Clean Water Act, Safe Drinking Water Act, and applicable State laws and regulations regarding protection of state water resources. Operators should contact Nevada Division of Water Resources and Nevada Division of Environmental Protection regarding necessary permits and compliance measures for any construction or other activities.
Mining Claims
This parcel may contain existing mining claims and/or mill sites located under the 1872 Mining Law. To the extent it does, the geothermal lessee must conduct its operations, so far as reasonably practicable, to avoid damage to any known deposit of any mineral for which any mining claim on this parcel is located, and should not endanger or unreasonably or materially interfere with the mining claimant's operations, including any existing surface or underground improvements, workings, or facilities which may have been made for the purpose of mining operations. The provisions of the Multiple Mineral Development Act (30 U.S.C. 521 et seq.) shall apply on the leased lands.
Fire
The following precautionary measures should be taken to prevent wildland fires. In the event your operations should start a fire, you could be held liable for all suppression costs.
Sites Eligible for National Register of Historic Places
No surface occupancy (NSO) in areas containing NRHP eligible, listed and unevaluated sites and TCPs. To accomplish this, any quarter-quarter-quarter section (10-acre parcel) within or intersected by the site would be subject to NSO. For development and production phases, surface occupancy may be limited to a specific distance or precluded at hot springs, pending conclusion of the National Historic Preservation Act (NHPA) requirements and Native American consultation process. Additional lands outside of the designated boundaries of sites may be added to the NSO restriction to the extent necessary to protect values where the setting and integrity is critical to their designation or eligibility (see WD RMP Action D-MR 4.1.3).
Exception: The Authorized Officer may grant an exception if through the NHPA requirements, it is determined that the action, as proposed, does not adversely affect the long-term integrity or use of the TCP or the integrity of the site, or if the adverse effect can be mitigated. For TCPs, an exception may also be granted if the proponent, BLM, and the affected Tribe or tribal members negotiate mitigation that would satisfactorily offset the anticipated negative impacts.
Modification: The Authorized Officer may modify the size and shape of the restricted area is the NHPA requirements and/or Native American consultation indicate the site differs from that described in the original stipulation. Modifications may be made to allow for an increasing level of environmental protection when changing circumstances warrant stronger measures to meet goals, objectives, and outcomes identified in this RMP and any future amendments (se WO IM- 2010-117 [Oil and Gas Leasing Reform – Land Use Planning and Lease Parcel Reviews]).
Waiver: The restriction may be waived if it is determined that the described lands are not, in fact, part of a National Register of Historic Places eligible or listed site. This determination would be made as a part of the NHPA requirements and in consultation with the affected tribes.
Soil Slopes 15-50 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, and to ensure successful interim and final reclamation, Controlled Surface Use (CSU) Controlled Surface Use will be applied to lands with slopes greater than 15% and less than 50% (As mapped by the USGS 1:24,000 scale topographic maps or as determined by a BLM). Prior to surface disturbance on slopes greater than 15% a site –specific construction, stabilization, and reclamation plan must be submitted to the BLM by the applicant as a component of the Geothermal Drilling/Application for Permit to Drill – Plan of Operations. The operator may not initiate surface disturbing activities unless the BLM Authorized Officer has approved the Plan or approved it with conditions.
The plan must demonstrate to the Authorized Officer’s satisfaction how the operator will meet the following performance standards:
Exception: The BLM authorized officer may grant an exception of 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 does not exceed 15%, so that the proposed action would not result in a failure to meet the performance standards listed above.
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 no do not include lands with slopes greater than 15%. This determination shall be based upon USGS mapping and a BLM evaluation of the area.
Trails
To protect the National Scenic and Historic Trails and Trails under Study or Recommended as Suitable for Congressional Designation, and National Trail Management Corridor resources, qualities, values, and associated settings, No Surface Occupancy (NSO) will be applied directly on National Scenic and Historic Trails and Trails under Study or Recommended as Suitable for Congressional Designation and within National Trail Management Corridors. NSO may be applied to additional bordering lands; the extent will be dependent upon the topography and integrity of the setting surrounding individual trail segments along the designated NHT and National Historic Trail Corridor. Prior to the establishment of a National Trail Management Corridor, at a minimum, NSO will be applied 1/8-mile on either side of the center line of the trail (for a total of a 1/4-mile wide corridor). The center line will be established either through the GIS-based line provided by the Trail Administering Agency (NPS or BLM) or through GPS-based inventories uploaded on the Nevada Cultural Resource Inventory System (NVCRIS).
Exception: The Authorized Officer may grant an exception if, through the National Historic Preservation Act (NHPA) and Management of National Scenic and Historic Trails and Trails Under Study or Recommended as Suitable for Congressional Designation Manual 6280 requirements, it is determined that the action, as proposed or otherwise restricted, does not adversely affect the resource. An exception may be granted for actions designed to enhance the long-term utility or availability of the trail.
Modification: The Authorized Officer may modify the size and shape of the restricted area if the NHPA and Management of National Scenic and Historic Trails and Trails under Study or Recommended as Suitable for Congressional Designation Manual 6280 requirements indicate the proposed action does not adversely impact the resource.
Waiver: The restriction may be waived if the NHPA and Management of National Scenic and Historic Trails and Trails under Study or Recommended as Suitable for Congressional Designation Manual 6280 requirements determine that the described lands are not contributing elements to the resource. This determination can only come after consultation with the National Park Service, Nevada State Historic Preservation Office and other interested publics.
