MARK WAITE / PVT Nye County Commissioner Gary Hollis, at far left, makes a point about the desert tortoise habitat conservation plan with, from left, U.S. Fish and Wildlife Service Biologist Jeri Krueger, Nye County Commissioner Butch Borasky, U.S. Fish and Wildlife field supervisor Bob Williams and environmental consultant Leo Lentsch. Advertisement

Nye County commissioners, complaining that they were left out on negotiations over the short-term desert tortoise habitat conservation plan, talked about forming a steering committee to develop a long-term plan with U.S. Fish and Wildlife officials Tuesday.

Developer Tim Hafen appealed to the Fish and Wildlife Service to completely scrap the short-term plan, which would allow only 70 acres of development before individual environmental permits would be required. Others suggested modifying the draft plan, which has already been rejected by Nye County commissioners.

Leo Lentsch, from Entrix Consultants, described the short-term plan as like an insurance policy covering the county.

"It's a question of risk assessment, the chance some third party is going to come in, sue Fish and Wildlife, say they're not doing their job and try to stop development. That's what the risk is in not having coverage," Lentsch said during a four-hour workshop.

County commissioners want to fast-track the planning process and agreed to place the development of a long-term habitat conservation plan on the agenda for their Feb. 5 meeting in Tonopah.

Hafen urged the long-term plan not place limits on acreage that can be developed.

Commissioner Roberta "Midge" Carver didn't think it was necessary to reinvent the wheel and scrap the short-term plan.

"I don't think I meant for us to go back and redo the thing. I think we need to make some things clearer working on that other plan," Carver said.

When it came to the acreage limits, she said, "This is truly to mitigate effects for the small developer, and the big guys, whether we like it or not, have to fend for themselves."

Bob Williams, state Fish and Wildlife field supervisor, agreed the short-term plan is meant more for the small landowner, not big developers who should get individual permits. But he said the Pahrump Valley short-term plan could be modified once that 70 acres gets developed.

Williams said Hafen's suggestions were a "no starter" for any future negotiations.

Hafen suggested enacting a single low-impact fee of $250 per acre in habitat areas and no limits on acreage. He also wanted to eliminate a requirement to have a biologist on site during construction and a requirement to build desert tortoise fencing.

Commissioner Butch Borasky echoed Hafen's comments in suggesting Pahrump adopt elements of the Clark County multi-species habitat conservation plan, approved in 1998, which allows development of up to 130,000 acres total in the Las Vegas Valley, upon paying a disturbance fee of $550 per acre. It is designed to protect 78 endangered species, not just the desert tortoise.

County Natural Resources Director Jim Marble said developers building projects on the valley floor, where no per-acre mitigation fee is required, would only be required to educate their construction crews about the desert tortoise.

Williams said a short-term habitat conservation plan is something the Fish and Wildlife Service doesn't employ very often. When it's done, the plans are for small parcels.

"What I see happening if the temporary plan is put in place is you're limiting growth for three years or longer depending how long it takes for the permanent plan to be put in place," Greg Hafen said.

Greg Hafen demanded to know by what authority Fish and Wildlife could limit the acreage. Williams said it is an internal working policy, but keeping the acreage small means he can sign the incidental take permit without forwarding it to the regional office in Sacramento, Calif., where more extensive environmental studies may be required.

Commissioner Gary Hollis didn't want to see desert tortoise fences all over the valley. But he indicated one could be built whenever a bypass is built around the east side of Pahrump.

Hollis asked if Fish and Wildlife is aware how much land has been permitted for development in the Pahrump valley.

"I have a big problem. We get imposed with more and more endangered species, threatened species. The local public can only take so much," Hollis said. "The service has to be real careful when they make a determination. They have to look at what they do and how this affects local government because that puts a big burden on us and whether or not we can continue going along with the service and helping them protect this."

Pahrump Economic Development Coordinator Al Balloqui said he came to Pahrump two years ago to build a business park.

"We've been working on that for two years. We're about ready to turn dirt in less than 30 days," Balloqui said. "If all of a sudden this passes Feb. 1 and we were not in that 100 acres, we would have to wait three years. That will not happen, the project will go bankrupt."

At one point, when Hafen's consultant, Julene Haworth, charged the habitat conservation plan wasn't a recovery plan for the species, Williams testily replied, "That's not your call, that's my call."

Local developers have technically been required to obtain permits for the accidental taking of the desert tortoise since it was listed as an endangered species.

U.S. Fish and Wildlife Biologist Jeri Krueger said only Nye County submitted a request for a permit for the accidental taking of the desert tortoise, for the county landfill.

Krueger added the county may have to return two grants worth $52,000 apiece that weren't spent on the short-term plan, if that plan isn't finished.