Elko County Natural Resource Management Advisory Commission ELKO COUNTY NATURAL RESOURCE MANAGEMENT ADVISORY COMMISSION MINUTES

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1 Elko County Natural Resource Management Advisory Commission 540 COURT STREET, SUITE 104, ELKO, NV PH. (775) , FAX (775) ELKO COUNTY NATURAL RESOURCE MANAGEMENT ADVISORY COMMISSION MINUTES COUNTY OF ELKO, STATE OF NEVADA, REGULAR MEETING TO BE HELD AT 6:00 PM, P.S.T., SUITE 102 OF THE NANNINI ADMINISTRATION BUILDING LOCATED AT 540 COURT STREET, ELKO, NV. Monday 6:00 P.M. CALL TO ORDER: Chairman Sacrison called the regular meeting of the Advisory Commission to order at 6:02 p.m. on, in Suite 102 of the Nannini Administration Building, 540 Court Street, Elko, Nevada. ROLL CALL: Members Present: Absent: Ralph R. Sacrison Orson Tingey Richard Genseal Heston Johns John C. Carpenter Craig Spratling (arrived 6:15pm) Kristina Radel (alternate) Tom Barnes Others Present: Randy Brown, Natural Resource Manager Eleanor O Donnell, Minutes Jeff Williams, County Commissioner Grant Gerber, County Commissioner Jill Silvey, BLM Rich Adams, BLM Kira Walton-Reid, USFS

2 Page 2 PLEDGE OF ALLEGIANCE: County Commissioner Williams led the Pledge of Allegiance. REVIEW, DISCUSSION AND APPROVAL OF MINUTES: March 25, 2013 Regular Meeting Minutes MOTION: Commissioner Tingey moved to approve the minutes from the March 25, 2013 regular meeting minutes, seconded by Commissioner Johns. Motion passed. VOTE: AYE: NAY: Ralph R. Sacrison Richard Genseal Orson Tingey Heston Johns None ABSENT: ABSTENTIONS: Craig Spratling Tom Barnes John C. Carpenter COMMENTS BY THE GENERAL PUBLIC: Cliff Gardner made comments to the commission to pass along information. In the early 1960 s it became popular to campaign against the livestock industry and there was too much competition between cattle and deer. As part of the Ruby Butte Study, in regards to body condition and rangeland condition, Dr. Paul Tueller headed up the study. There was a tremendous amount of data compiled over the first 4 to 5 years. Four exclosures within the state were set up, two in the eastern part of the state and one up here by near Fort Ruby and one towards Winnemucca. What they found after a few years of stud was they only had to exclude the areas from the larger animals for two to three years before on average the loss of 71% of production on bitterbrush, 64% loss on big sage and roughly 25% on black sage. Once the area was excluded from livestock the brush grew up, became decadent, and quit producing. All the data from this study has been ignored by the agencies. This study showed the significance of what has historically been going on out on the public lands and the agencies have not wanted to recognize it. Sheep winter in areas, browse the brush, and therefore increase the feed value, by taking the outside foliage of the brush stimulating new growth. The Indians testified that historically they like to hunt sage grouse in February and March when they are strutting, when there is snow on the ground and it forms a crust, the sage grouse can walk on the snow and they get fatter in the wintertime browsing on the vegetation that was made more productive, more palatable and higher in nutrition because it was being grazed. The sage grouse could walk on the snow and eat higher on the sagebrush.

3 Page 3 BUREAU OF LAND MANAGEMENT Presentation of items by BLM Representative: Kittridge, Lime, Stud and Willow Fires (Continued from March 25, 2013 meeting) Discussion and consideration of the development of a fire closure decision for the Kittridge, Lime, Stud and Willow fires to close the burned areas to livestock grazing and establish the rehabilitation objectives that would need to be attained in order to reopen the burned area to livestock grazing as well as identify the number of Animal Unit Months (AUMs) of livestock use which would be temporarily suspended, and all other matters related thereto. (Tuscarora Field Office) Rich Adams (BLM Tuscarora Field Office) discussed that there is a general format used for the closures for consistency. The process when there is a fire within the county there is an intra disciplinary team made up of the range specialist in the area, biologist, emergency stabilization resource specialist, and the permitee. Sometimes a representative from NDOW, or Fish & Wildlife Service depending on where the location is in the landscape. As a team, the group goes out, evaluates the fire, and comes up with a strategy of what is needed out there on the ground. It can range from deferment to more intensive fencing and seeding. Once what is needed in the area, a letter is sent out, comments are received and final decisions are made. BLM tries to work with the permitees and try to be as minimally impactful to the operation. There are criteria outlined within the decisions based on unseeded/natural recovery and seeded areas. Monitoring of the second growing season for the amount of response of growth, and then if the factors are met there is a formal process to open the allotment. Craig Spratling arrived at the meeting 6:15 pm Commissioner Carpenter questioned concerning the bitter brush, if there is a good year with alot of growth but the bitterbrush has not met the criteria there is a potential for it to burn again. The willows and aspens criteria of 7 feet tall, the standards are too high on just a few plants and might be unreachable. Mr. Adams explained in some of these areas that have two or three years since the burn there is not as much older grasses in the areas and the fires are less likely to burn in those areas. There is no easy answer; there have been discussions on this. The BLM recognizes this and are looking at alternatives. Commissioner Carpenter expressed concern so often it is just what is written and there is no way to change that. In some of those areas have burned, maybe there should be more greenstrips to keep these fires from getting so big. Mr. Adams mentioned more greenstrips are being considered with crested wheat and forage kochia. Commissioner Carpenter commented there should be more greenstrips and they should be included in these reports. Mr. Adams stated that funding limits and NEPA processes limit the amount of work and maintenance that can be done on greenstrips. Chairman Sacrison asked if there is anything that we can do to help with these.

4 Page 4 Mr. Adams stated these types of discussions help and notifying the BLM of possible areas of concern and of where those areas might be. Support from the boards on NEPA projects is also helpful. County Commissioner Williams questioned about wood cutting options in the areas that have been burned. Mr. Adams explained it would depend on the conditions and access in the burned area. As a standard rule if the access is there the woodcutting would be allowed, although some of the standing dead wood is beneficial. County Commissioner Williams there are several areas that the woodcutters can t get too that leave dead wood standing. Chairman Sacrison asked if the ranchers generally have been in accord with these decisions. Mr. Adams answered yes to his knowledge; the ranchers have a strong input to the process. Mr. Brown asked if they have an opportunity to appeal the decision. Mr. Adams answered yes and anyone who is affected by the decision. Mr. Brown asked even if they were involved in the decision. Mr. Adams answered yes there hasn't been much negative feedback on these closures within the last few years. Livestock is only one component of the implementation of the project. Commissioner Carpenter asked about some comments from ranchers up north a couple years ago. There was a problem with construction of some of the temporary fences, which resulted in the entire allotment being closed to livestock instead of just the areas designated by the plans for temporary fences. Mr. Adams explained there might be some instances where the targets may not have been met. Due to contract or funding issues, it slows the process of implementing those types of projects. Generally, targets can be met but some of the fences in the Tuscarora area were a year and a half off the mark they were trying to meet. Commissioner Spratling asked if the whole pasture is closed if the temporary fences aren't built. Mr. Adams explained that is one of the alternatives. There can be different things done and mitigations can be made, but sometimes the allotments will remain closed until the fences are built. Commissioner Johns suggested the state director and district managers could speed up the NEPA, EA and EIS processes or just forego them when there is a statewide disaster, such as the drought or fires, and there are extenuating circumstances. A year and half might be all right for a bureaucracy but not for private industry, to wait and be held up. Somewhere it is costing someone money. Mr. Adams explained that from the NEPA prospective, the priority areas are worked on first. As far as a blanket area for the northern area, he will look into it. It was discussed to put that in a motion. MOTION: Commissioner Carpenter made a motion to recommend to the Elko County Commission to formally ask the Bureau of Land Management and United States Forest Service to consider actions on a statewide basis to expedite the EA/EIS and NEPA process during extenuating circumstances for specifically identified fire treatments in order to accomplish rehabilitation in a timely manner, seconded by Commissioner Spratling. Motion passed unanimously.

5 Page 5 VOTE: AYE: NAY: Ralph R. Sacrison Richard Genseal Orson Tingey Heston Johns Craig Spratling John C. Carpenter None ABSENT: Tom Barnes ABSTENTIONS: Commissioner Genseal asked what the time frame would be to take it to the County Commission. Mr. Brown explained this would go on the mid month meeting for the County Commission to consider writing a letter to the agencies. Cliff Gardner presented two studies, one by the University of Nevada on the Gund Ranch in Grass Valley, Nevada and the other by Squaw Butte just out of Burns, OR which show the conclusion of after years of study after a wildfire occurred there is no benefit of two year's resting with no livestock. The range came back just as fast with or without livestock grazing. Commissioner Radel asked where the studies were done. Mr. Gardner explained they are in the great basin. Grass Valley is in central Nevada north of Austin on the experimental station. The second point is in regards to rehabilitation concerned with the types of plants that are being seeded. The seeds need to be adaptive to the area where it is being seeded. He handed out pictures and discussed the pictures. (pictures were not provided for the record) Request the rangeland monitoring data on rehabilitation efforts from the BLM. BLM Other Correspondence and Items of Discussion Mr. Adams gave updates. The Hollister mine EIS is in the final stages. Final should be ready in a month or so. Arturo Mine the comment period has closed, the comments are being evaluated, to be finalized this fall. The Midas EA for the Newmont project near Midas, the decision of record to be issued within the next couple of weeks. UNITED STATES FOREST SERVICE: Presentation of items by USFS Representative: Kira Walton-Reid presented items for the USFS. Mountain City Wildlife Habitat Restoration Project Update Ms. Reid discussed the project. It was a little over 7,000 acres of seeding in the Bull Run

6 Page 6 Complex, specifically the Mustang and Browns Gulch fires. The seeding was a cooperative project with the Department of Wildlife and it was completed the last week of March. Jarbidge Wildfire Fuel Treatment Project Ms. Reid discussed the Jarbidge Wildland Urban Interface project. The scoping period has closed. There were only positive comments received. Implementation is scheduled next month. There will be 12 acres of thinning on National Forest Land up around Jarbidge, with some thinning on private land being done by NDF (Nevada Division of Forestry). Mr. Brown mentioned the County has been working with NDF and the USFS on this project for about two months. NDF does have some problems with the conservation crews. The crews require private property owner's permission to do any work on their land. The Forest Service will pick up some areas, which lacked permission. There will be a field trip on May 8 th, to go over the project. The 12 acres hopefully will fall under a categorical exclusion. The 12 acres include critical areas such as the distribution station for the water source from Bear Creek. Elko County has donated some equipment to the project. USFS Other Correspondence and Items of Discussion Ms. Reid discussed the Overland Pass Hazardous Fuels Project is a joint project with the BLM and the Forest Service. The EA is planned to be completed by the end of September. Implementation should begin next fall or next year. Commissioner Carpenter asked if Western Watershed protested the project. Ms. Reid explained they have submitted a comment, but this is still in the scoping period and not an official comment period yet. Commissioner Tingey asked about the status of the travel management maps. Ms. Reid explained the Motor Vehicle Use (MVU) maps are being printed and they should be out by June. Mr. Brown discussed the maps are lacking information and are very ambiguous. They are very hard to navigate and may lead to more problems. There need to be some landmarks included and should be a lot more detail on the maps. All of the MVU maps from other places all look the same. There is also no reference to game retrieval rule. They mention cross-country travel and there is no cross country in Elko area. Comments and concerns have been passed on to Ms. Fuell on the MVU maps, comments back from the USFS will be passed along to the board as they are received. The travel management did not come into effect until the maps are out, but there have been some issues. Chairman Sacrison questioned the quality of the maps. Discussion followed on the quality of the maps. It is not the local USFS office; the maps are created from the regional office in Sacramento. Difficult to determine if you are in the Forest Service or BLM land by the maps, which is setting people up to fail and get cited for not being on an open road. Mr. Brown mentioned that in the County comments that the poor quality of the maps is a health and safety issue. County Commissioner Williams asked because of sequester will there be any campgrounds and the roads should be marked open for the MVU maps will all the roads be marked open. Ms. Reid commented there are no plans to close any campgrounds in the Elko area.

7 Page 7 Mr. Brown explained the USFS is in the process of marking the roads open. Ms. Reid commented that internally we find the maps frustrating as well. It is a nationwide template that is used on the MVU maps. They were not meant to be used as a standalone reference. They were meant to be used along with a USGS quad map or a USFS Visitor Use map. Mr. Brown suggested the maps should be called system use maps and identify that they do not contain all the needed information. Mr. Brown questioned the quality of the maps and the reasoning behind having to use them with the additional maps. County Commissioner Williams asked are these maps only going to be available in this area. Ms. Reid explained they would be available here and there will be a set in Twin Falls and available on the website. County Commissioner Williams asked are people being notified that these maps are to be used with additional maps. County Commissioner Williams mentioned the emergency personnel need the information. Ms. Reid will make sure that Ms. Fuell is aware of these concerns. Overland SAGE GROUSE PLANNING STRATEGY Jill Silvey (BLM Elko District Manager) addressed the question from Commissioner Gerber from last month on the BLM's authority to issue the sage grouse IM. The Federal Lands Policy Act gives the BLM ability to make policy in several locations. USC 1701 section 102 paragraph 8- public lands shall be managed in a manner that will protect the quality of scientific, scenic, historic, ecological, environmental air quality, atmospheric water resources, and archeological values that were appropriate will to preserve and protect certain public lands in their natural condition and that will provide food, habitat for fish & wildlife and domestic animals and will provide for outdoor recreation and human occupancy use. Portions of FLPMA (Federal Land Policy and Management Act) Title 3 administration BLM directorate and function section 301 talks about delegating authority to the director and associate director, section secretary shall manage public lands under principals of multi-use and sustained yield. Under Rules & Regulations, section 310- secretary shall with respect to public lands shall promulgate rules and regulations to carry out the purposes of this act and other applicable laws public lands by cooperating with the Secretary of Agriculture. There are several places of which authority is delegated. County Commissioner Gerber's point is well taken it is certainly up to attorney's interpretation and the BLM's solicitors feel they are on solid ground for the BLM to write an Instructional Memorandum. Commissioner Radel mentioned an she received from Ms Silvey answering the question about the Noble Energy's plan concerning the water. Noble's plan is to inject the water near West Wendover. Where exactly is the location and the proximity to the city? Mr. Brown explained the well and the location. It is brackish water; it is not a potable water source that is used for the golf course watering system. The water will be treated before it is used. Commissioner Radel commented that they were planning to apply for another well closer to the project. Ms. Silvey explained that they do not want to go to the next phase until they have determined whether or not they can find oil. Mr. Brown explained this well met the criteria they were looking for to discharge the water. County Commissioner Williams asked what injecting the wastewater into the water basin. Mr. Brown explained that is why they chose this well, the water is brackish.

8 Page 8 Ms. Silvey commented there are other opportunities at a later date. Commissioner Radel asked to be get updated on this issue Ms. Silvey mentioned there would be another open house in the near future. Ms. Silvey commented they are working on developing a project list. It should be available in the next few weeks for the next meeting. Offered to explain the BLM process as well as some of the upcoming projects the BLM is working on at any point. Tomorrow there is an unveiling of a new mural at the California Trails Venter and discussing some of the fuels treatments and seeding projects over the last few years and the results. Land management is an art, what works in one soil type may not work in another. Invitation for discussion on what we find and everyone's thoughts. County Commissioner Williams commended Ms. Silvey on going to the County Commissioners and talking to them about what is on their minds and concerns they may have and things that they would like to see happen. A continued good relationship with the County and the BLM in the future. Especially because the BLM will be looking at a travel management plan, and hopefully we can avert some of the difficulties there were with the USFS. Ms. Silvey thanked him for his confidence in her and mentioned they will be starting into a new resource management plan phase, because of sequestration Elko postponed one year and will be in Year 0 next year. Which will be a good thing to give them a little more time to collect some more base line data and be better prepared. County Commissioner Williams explained that some of the members understand the NEPA and other processes, but others do not and invited her to attend any of the meetings with the understanding that she might need to start out at a certain level to explain the process and help us understand. Ms. Silvey agreed she would be happy to do that. Mr. Brown mentioned we could put her on the NRMAC agenda for next month. Commissioner Tingey asked about a meeting in Utah last month to campaign for the County plan. Mr. Brown mentioned they attended a meeting of the Box Elder County Commission and explained the meeting and how well it went. The Box Elder County Commission adopted the pilot project into their final plan. Box Elder County had legislators, and representative from several agencies in attendance, all the stakeholders supported the project. Their pilot project is about a mile and a half from the Elko County line, so we can benefit from the data they collect. It was amazing but was also disheartening to see so much support and input over there and so little support here in our own county by our legislative representatives and the same agencies. Chairman Sacrison asked if there is anything we can do to increase support. Mr. Brown explained we need to work with people with the credentials who can help us and work with us. County Commissioner Williams expressed there is a lot we can do; the NNSG is a group where all the agencies comes together. We should invite them to look at this project and where we are more alike than different, so that we can work together. Mr. Brown mentioned they had nothing but good things to say about Ms. Silvey. They were very appreciative of every she has done with them over the years. Ms. Silvey commended the leadership from the Box Elder County Commission made the resource efforts that drew everyone together. The County Commission must be the leader; the BLM is supported of the project and are interested in supporting and interested in the results. County Commissioner Williams asked if a BLM biologist could look at the project and give their opinions and recommendations. There is a Rancher s group (SANE) in the northern part of the

9 Page 9 state. It is time to get others involved so that it is not just Elko County's plan but also the public and agencies plan. Commissioner Carpenter apologized for not being able to be involved with this as much in the last few weeks because of his wife s illness. Commissioner Carpenter left the meeting 7:46 pm. ELKO COUNTY ADVISORY BOARD TO MANAGE WILDLIFE / NDOW: County Commissioner Williams mentioned that Caleb McAdoo will be coming to the next County Commission meeting. Recommended that an invitation from the Chairman for a representative from NDOW come to this meeting more often to discuss these issues and help us through this process, give us some science involved in it and help make us whole. COMPREHENSIVE OVERVIEW OF RANGELAND CONDITIONS DISCUSSION Chairman Sacrison opened a discussion on various data and reports presented by the agencies and how we can use them to further guide the county in its business. Discuss amongst ourselves what data we need so that what we ask for is data we can use. A letter was passed out. County Commissioner Williams expressed appreciation for the letter but recommended wording of agency managed land instead of agency land. Commissioner Spratling recommended discussing this at the next meeting. CORRESPONDENCE REPORT AND OTHER ITEMS OF DISCUSSION: Mr. Brown mentioned Noble Energy is dealing with the County on a road maintenance agreement on the Lamoille Road, we don t require a conditional use permit on exploration but in production, things will change. Commissioner Spratling asked about working with them on the project north of Wells. Mr. Brown answered not yet. Commissioner Spratling asked about negotiations with the barite mine and how they are planning to haul that ore. Mr. Brown mentioned they are hauling from that site down to the Railport by truck. Commissioner Spratling asked if they have had any discussions about bringing the ore out the west side of the Snake ranch instead of the east side. Mr. Brown commented they talked about it but the cost was not feasible at this time because of the damage that would be done to that road. The County said not unless they were willing to do some substantial maintenance on the road. NATURAL RESOURCE MANAGEMENT ADVISORY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Radel discussed the forest service maps for basic recreation information on trails and hiking areas. The maps in this area are difficult to understand. Suggestion for the Forest Service to make this an issue, this area has huge potential this should be a priority to make the area easier to access. Mr. Brown we can put it on the agenda for the next meeting. Ms. Reid encouraged her to go to the Forest Service offices; there are very detailed forest visitor

10 Page 10 use maps and the wilderness use map. Ms. Radel mentioned she did go to the Forest Service office for information and the information is not easily available. Ms. Reid explained you would need to use different types of maps there is the forest visitor use map and the wilderness visitor use map that has alot more trail detail for the wilderness, and there is information on the Forest Service website. The recreation manager, Nancy Taylor is happy to call to explain the area. Commissioner Spratling suggested to bring some of these maps in for us to look at. COMMENTS BY THE GENERAL PUBLIC: No comments NEXT MEETING DATE Next meeting date May 20, Mr. Brown mentioned we can have it on May 20 th or the 28 th whichever works better. Decided to stay with the 20 th ADJOURNMENT Meeting adjourned on a motion by Commissioner Genseal seconded by Commissioner Tingey at 8:05 pm. Minutes Clerk: Eleanor O Donnell Date Approved: May 20, 2013