Consultant presents 'county plan' for desert tortoise mitigation

By MARK WAITE

 
Consultant Julene Haworth presented what she called Nye County's desert tortoise habitat conservation plan last week, not one prepared by the U.S. Fish and Wildlife Service.

Haworth represented developer Tim Hafen at previous workshops in which county commissioners objected to many of the provisions in the previous desert tortoise low effect plans. County Commissioner Roberta "Midge" Carver said those previous plans were adamantly opposed by at least three county commissioners, but hinted the county could adopt this one.

Haworth's proposal would eliminate what she said were the most egregious parts of the previous proposals.

* A county trained individual, probably the plan administrator and an animal control officer as a backup, would be allowed to remove any desert tortoises;

* A biologist would not be required to be on site during construction;

* The amount of acreage that could be disturbed under the plan was increased from 100 acres to 500 acres;

* A flat mitigation fee of $325 per acre in the designated fee zone will be charged, instead of a $250 per acre zone and a $550 per acre zone;

Haworth warned that without the protection of a habitat conservation plan, if wildlife officers saw a desert tortoise on the property they could shut down a large project, like a new Wal-Mart superstore for example.

The county is applying for a Section 10 incidental take permit under the Endangered Species Act, which specifies that accidental taking won't appreciably reduce the likelihood of survival and recovery of the species in the wild.

Nye County has the potential to collect $162,500 in desert tortoise mitigation fees for the 500 acres. The fees would pay for a plan administrator and the mitigation of disturbed, desert tortoise habitat. An advisory committee, similar to one in Clark County, would determine what habitat restoration projects to fund.

Haworth based that on her experience as a member of the Clark County desert tortoise committee.

"When federal land managers asked for money, we just handed over $10,000 and then we found out they weren't doing what they proposed," Haworth said.

Nye County Commissioner Butch Borasky said he requested the Haworth plan, along with Pahrump Regional Planning Commissioner Dan Schinhofen, who said the plan was less invasive and wouldn't hold up anybody's development plans.

The plan notes there were 937 construction zoning reviews conducted by the Nye County Planning Department in 2007, the vast majority of which were for new homes. It states there are 137,672 acres of potentially suitable desert tortoise habitat in the Pahrump area, of which 99,270 acres are currently administered by the U.S. Bureau of Land Management.

The plan will allow earth work, infrastructure development, building construction and storage of heavy equipment.

Commissioner Joni Eastley had a number of questions. Haworth said they left blank the number of desert tortoises that can be taken, that would need to be discussed with the fish and wildlife service.

Haworth felt there wasn't a requirement in the Endangered Species Act for a certified biologist to relocate a desert tortoise, but she admitted Nye County Director of Emergency Services Brent Jones hadn't been contacted about having animal control officers doing that job.

Eastley pointed out the Nye County Natural Resources Department no longer exists, so record keeping would be required by someone else.

"We would have to have a director to run this and then within that department they would keep records and do all of that. This is not set in stone, this is just a proposal to put forward to get the comments on. We can address and raise any issue you might raise and bring it back," Borasky said.

Nye County Chief Civil Deputy District Attorney Ron Kent told Eastley the plan couldn't exempt certain individuals from federal law, referring to a provision that those who already executed development agreements or had approved zoning wouldn't be bound by the acreage limit.

Eastley said representatives of the Focus Property Group, who plan to build up to 5,800 homes on 900 acres on the southeast end of Pahrump Valley, are negotiating their own habitat conservation plan.

Eastley said she thought anything disturbing over 100 acres would no longer be a low-effect habitat conservation plan and require an environmental assessment. Haworth said a low-effect, habitat conservation plan in California takes in over 1,000 acres.

"It looks at the impact to the species and what those impacts will be and for low effect the impact must be minor or negligible and with the available science indicating there is a very low density of tortoise within the Pahrump Regional Planning District," Haworth said.

Eastley had concerns over Nye County assuming responsibility for reclamation of disturbed desert tortoise habitat. She felt that should be the responsibility of the developer. Haworth said Nye County, as the permit holder, would have that responsibility.

Hafen said, "we have always said that it needs to be a reasonable plan and up to this draft there has never been a reasonable plan considering the amount of tortoises in Pahrump Valley we can document."

Eastley said she would want foot notes in the plan, making references to previous research by Entrix Consultants and county environmental compliance consultant Mary Ellen Giampaoli.

http://www.pahrumpvalleytimes.com/2008/Jun.../news/22331513.html