Pahrump Valley Desert Tortoise Habitat Conservation Plan

DRAFT 2009 Pahrump Valley Desert Tortoise Habitat Conservation Plan Nye County Planning Department 10/7/2009 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan Prepared by Nye County Planning Department October 2009 October 7, 2009 Version Page 1 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT TABLE OF CONTENTS Introduction 5 Executive Summary 6 Chapter 1: Introduction and Background 11 Overview 11 Purpose and Need 11 Proposed Action and Permit Duration 11 Covered Activities 11 Regulatory Framework 14 Federal Endangered Species Act 11 Section 10 Requirements and Guidelines 14 National Environmental Policy Act 15 Species to be Covered by the Permit 15 Chapter 2: Planning Area 16 Environmental Setting 16 Climate 16 Topography 16 Geology and Soils 16 Surface and Groundwater 17 Vegetation Communities 17 Land Use 17 Chapter 3: Covered Species 19 Desert Tortoise- Mojave Population 19 General Description 19 Ecology 19 Species Status 20 Planning Area 20 Other HCPs in the Planning Area 21 Chapter 4: Impacts Analysis 22 Residential/Commercial Development and Master Plan Activities 22 Project Impacts to Desert Tortoise 22 Direct and Indirect Impacts / Anticipated Take 22 Chapter 5: Minimization and Mitigation Measures 24 Biological Goals and Objectives 24 Desert Tortoise Conservation Measures 24 Avoidance/ Minimization Measures 24 Mitigation Measures 26 October 7, 2009 Version Page 2 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Chapter 6: Plan Implementation 32 HCP Administration 32 Monitoring and Reporting 32 Implementation Standards 32 Chapter 7: Changed and Unforeseen Circumstances 33 Changed Circumstances 33 Change in Listing Status 33 Listing of New Species 33 Fire 34 Unforeseen Circumstances 34 Chapter 8: Funding 36 Funding Sources 36 Desert Tortoise Mitigation Fee 36 Chapter 9: Minor and Major Amendments 39 Minor Amendments to the HCP 39 Major Amendments to the HCP 39 Amendments to the Permit 40 Suspension, Revocation, and Termination 40 Chapter 10: Alternatives to Take 41 No Action Alternative 41 Proposed Action Alternative 41 Chapter 11: Literature Cited 42 Appendix 45 Figures Figure 1 Planning Area 7 Figure 2 Region Map 12 Figure 3 Fee Zone Map 28 Tables Table 1 Projected Annual Revenues and Costs of the HCP 37 Table 2 Projected Costs of HCP Implementation 38 October 7, 2009 Version Page 3 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Acronyms BLM Bureau of Land Management BOCC Board of County Commissioners County Nye County DTCC Desert Tortoise Conservation Center ESA Endangered Species Act HCP Habitat Conservation Plan NAC Nevada Administrative Code NEPA National Environmental Policy Act NRS Nevada Revised Statutes PRPD Pahrump Regional Planning District FWS U.S. Fish and Wildlife Service ITP Incidental Take Permit October 7, 2009 Version Page 4 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT INTRODUCTION This edition includes amendments from verbal comments made at the July 21, 2009 Nye County Commission HCP Workshop, written comments submitted at the workshop and public comments received by county staff in the following weeks up to the date on the front cover. October 7, 2009 Version Page 5 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT EXECUTIVE SUMMARY Nye County is proposing this HCP to address the urban development of land within the limits of the Town of Pahrump and adjacent lands designated for disposal and sale by the Bureau of Land Management (BLM). The scope or Permit Area of this plan is 92,489 acres and includes the private land in Pahrump and 6,022 acres of public land administered by BLM and identified for disposal. The HCP estimates that up to 1,000 acres of desert tortoise habitat may be lost as a result of urban development within the Permit Area over the next 10 years. The Pahrump Valley Desert Tortoise Habitat Conservation Plan (HCP) has been prepared to: Support an application for a Section 10(a)(1)(B) Incidental Take Permit (Permit) under the federal Endangered Species Act (ESA) for the incidental take of the desert tortoise, a species listed as threatened under the ESA on 1,000 acres of private land or BLM disposal lands, upon transfer of ownership to a non-federal entity, in the Pahrump Regional Planning District (PRPD), hereafter referred to as the Planning Area. The request for the incidental take of desert tortoises is based on tortoise surveys conducted by the BLM, Nye County, private land owners and others that indicate tortoises occur in relatively low densities in the Planning Area that will be defined hereafter. This HCP is intended to support the issuance, by the United States Fish and Wildlife Service (FWS) of a Section 10(a)(1)(B) incidental take permit (Permit) under the Endangered Species Act (ESA)which would allow the “take” of the threatened desert tortoise resulting from otherwise lawful activities on non-Federal property within the Planning Area. Subsequent to the issuance of a Permit, the Pahrump Valley Desert Tortoise Habitat Conservation Plan (HCP) will be implemented to minimize, mitigate, and monitor the impacts of incidental take of desert tortoise. The approval of the Permit would be a requisite for the development and implementation of a long term desert tortoise habitat conservation plan for the Planning Area. Purpose and Need The purpose of developing this HCP is to minimize and mitigate the effects of ongoing urban development within the Planning Area (see Figure 1) on the desert tortoise. The HCP will be submitted by the Nye County Planning Department on behalf of Nye County to support an application for a Permit to incidentally take tortoises. The Permit would authorize the incidental take of tortoise on 1,000 acres of desert tortoise habitat that may be subject to development over a ten (10) year period. The applicant needs to obtain a Permit because desert tortoises are wide ranging and occur throughout the Planning Area; therefore, take of the tortoise may be unavoidable as a result of urban growth in the valley. October 7, 2009 Version Page 6 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Figure 1 Planning Area October 7, 2009 Version Page 7 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Blank October 7, 2009 Version Page 8 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Measures to Minimize and Mitigate Take The applicant proposes the following measures to minimize, mitigate and monitor incidental take: Minimization Measures Desert tortoises will be cleared from construction sites prior to ground disturbing activities. A desert tortoise education program will be developed by the County and approved by FWS, which will be presented to all personnel involved in development activities. The program will consist of instructing on-site workers about desert tortoise biology, what to do if a tortoise is encountered, and terms of the HCP. Public outreach activities will be developed, such as course curriculum for Junior High and High School science classes on desert biology, and school assemblies that will teach the students about the desert tortoise. Fencing will be required around new development in accordance with this HCP. Mitigation Measures Off-road vehicle activities on non-Federal public lands within the Planning Area will be limited to existing roads recognized by Nye County. Appropriate roads that cross through or into tortoise habitat will be posted with signs warning of the presence of tortoises. Speed limits will be limited to 25 miles per hour along unsigned dirt roads. A litter control program will be implemented to minimize predation on tortoise by ravens. Fees from development will be contributed to the Desert Tortoise Conservation Center (DTCC). Reporting Local government agencies [Nye County Planning – Building Departments, etc.] will be required to keep accurate records regarding: The disposition of all desert tortoises collected and/or taken; The amount of all land disturbed within the permit area; All fees collected or paid Administrative costs and habitat rehabilitation efforts and expenses. Conservation projects funded by disturbance fees and costs associated with these projects. The records will be maintained by Nye County and summarized in an annual report to the FWS. Funding Minimization measures will not totally offset the potential impact from land development activities on the desert tortoise and its habitat within the Planning Area. Therefore, a fee of $550 per acre will be assessed for disturbance of up to 1,000 acres of potentially suitable desert tortoise habitat on non- federal property within the designated Fee Zone of the Planning Area. When building/ grading permits are being requested for work on properties greater than one half acre in size within the fee zone, the private developer will pay the per acre fee. The fees will then be put into an interest bearing account by Nye County where the fees will be held until the fees are used in support of implementation of this Plan. October 7, 2009 Version Page 9 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT October 7, 2009 Version Page 10 DRAFT Pahrump Valley Desert Tortoise Habitat Conservation Plan DRAFT Chapter 1: Introduction and Background Overview The rapid growth in southern Nevada, especially in nearby Las Vegas, has created heavy demand for quality residential and commercial properties in the largest neighboring community, the Town of Pahrump. Development within and immediately around Pahrump will result in the loss of potentially suitable habitat for the desert tortoise. See Figure 2, Region Map. Nye County, (applicant), is proposing this HCP to address the urbanized development of land within the limits of the Town of Pahrump and adjacent lands designated for disposal and sale by the Bureau of Land Management (BLM). The Planning Area for this HCP is defined as the boundaries of the PRPD. This area is approximately 209,239 acres in size.

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