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Jim Marble, director of the Nye County Natural Resources Department for almost the last 10 years, handed in his resignation Jan. 31. It took effect immediately.

Marble admitted the criticism of the proposed short-term desert tortoise habitat conservation plan was "a big part" of the reason for his resignation.

His resignation took effect two days after a confrontational workshop between county commissioners and Fish and Wildlife Service representatives.

County commissioners complained "stakeholders" were left out of the loop on the drafting of the plan, which was compiled with the help of Entrix Consultants, during that workshop.

Marble said Thursday commissioners decided to "shoot the messenger."

"Oh, well, there's better things to do," Marble said. "Right now I'm volunteering, I'm also doing consulting work, looking for other opportunities, applying for different jobs."

Nye County Manager Ron Williams made the announcement about the resignation at the start of a county commission meeting Tuesday without elaboration. There wasn't any mention about starting to search for his replacement.

Marble told members of the Southern Nye County Conservation District Thursday, "I don't know about what the future of the natural resources office is. There's been talk that it'll just be dissolved in Pahrump ... The future of the department is unclear at this point."

The natural resources department offices were moved from Tonopah to Pahrump last summer, moving into offices in a new addition to a shopping center at 401 South Frontage Road. The county leases the space from Provenza Neth properties.

Marble said he sits on 20 different committees. Barbara Arlin, secretary of the Southern Nye County Conservation District, praised Marble's work with the district and said she hopes he will continue to participate. The county will have to appoint a representative to the conservation district, Marble said it doesn't have to be a county employee, but he doubts the county will appoint him.

Commissioners Tuesday continued to voice their concerns over the desert tortoise plan. Commissioner Butch Borasky said he wants another workshop as soon as possible with fish and wildlife service representatives on developing a short term and long term plan.

Borasky said he's concerned about a limit of 70 or 100 acres on development in the short-term habitat conservation plan before property owners would have to execute individual agreements with the fish and wildlife service.

"I contacted Pahrump Building and Safety and asked how many single-family homes were permitted. Stick-built alone it was 558. Even if they're only half-acre lots, you exceed the 70 or 100 acres right off the bat," Borasky said.

He added, "One of the key issues was the stakeholders were not involved from day one. There was some miscommunication on Dr. Marble's part."

Marble said Thursday he briefed all county commissioners at least twice in the past year on the habitat conservation plan, held four outreach meetings, advertised the meetings in the newspaper and put out 100 fliers in the community. Members of the Hafen family of developers came up with some proposals for modifying the short term plan or suggested completely scrapping it, at the Jan. 29 workshop.

Consultant Mary Ellen Giampaoli told commissioners they may be able to request an update to surveys last done in the early 1990s to better support their case about the lack of habitat.

In a Feb. 4 letter to the county manager, Giampaoli urged the county to adopt the short-term habitat conservation plan. But she said certain areas where a higher impact fee of $550 per acre would be charged, like the Hafens' proposed Indian Roads subdivision, could be renegotiated to a standard $250 fee charged in other habitat areas.

Giampaoli said the issue boils down to the Fish and Wildlife Service permit process, not whether desert tortoise habitat in Pahrump is significant. She emphasized the permitted 70 or 100 acres permitted under the plan is a categorical exclusion allowing the accidental take of a desert tortoise. The Fish and Wildlife Service has to justify why the possible destruction of 70 or 100 acres is not an impact on the animal, Giampaoli wrote.

Giampaoli warned the county, "If their action is thought to cause impacts to the desert tortoise or its habitat, they may be sued. The notice of the permit action will be published nationally in the Federal Register and special interest groups may challenge it."

While the Fish and Wildlife Service faces the possibility of a lawsuit, developers in Pahrump and Nye County face possible enforcement actions by the USFWS, Giampaoli wrote. She said both parties are at risk when there isn't a permit for an approved habitat conservation plan.

The U.S. Fish and Wildlife Service has already issued a notice of intent to prepare an environmental impact statement for a Nye County multi-species habitat conservation plan, Giampaoli said, which would include other animal and plant species besides the desert tortoise.