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Elko County Planning Commission

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Elko County Planning Commission Elko County Planning Commission 540 COURT STREET, SUITE 104, ELKO, NV 89801 PH. (775)738-6816, FAX (775) 738-4581 ELKO COUNTY PLANNING COMMISSION MINUTES THURSDAY, JUNE 18, 2015 5:15 P.M. CALL TO ORDER: The meeting of the Elko County Planning Commission was called to order at 5:15 PM on Thursday June 18, 2015, in suite 102 of the Nannini Administration Building, Elko, Nevada. ROLL CALL: Members Present: David A. Galyen Richard Genseal Norlene Wilson Dena Hartley (arrived 5:35pm) David Hough Mike Judd Jack D. Larason Absent : Others Present: John Kingwell, Supervisor / Planner Eleanor O’Donnell, Administrative Assistant Kristin McQueary, District Attorney’s Office Curtis Moore, District Attorney’s Office PLEDGE OF ALLEGIANCE: Chairman Larason led the pledge of allegiance. COMMENTS BY THE GENERAL PUBLIC: Ms. McQueary introduced Curtis Moore as a new addition to the DA’s office. Curtis Moore introduced himself and briefly described his background. CONSENT AGENDA: Approval of Minutes- May 21, 2015 – Regular Meeting Elko County Planning Commission Meeting Minutes June 18, 2015 Page 2 MOTION: Commissioner Judd moved to approve the minutes as written for the May 21, 2015 meeting as written, Commissioner Galyen seconded. Motion carried. VOTE: AYE: David A. Galyen Richard Genseal Norlene Wilson David Hough Mike Judd Jack D. Larason NAY: ABSENT: Dena Hartley ABSTENTIONS: NOTICE OF THE APPEAL PROCESS Chairman Larason advised everyone of the appeal process. PRELIMINARY HEARINGS None PUBLIC HEARINGS 15-4000-0004, Ruby 360 LLC/ Joe Royer A public hearing regarding a request by Ruby 360, LLC / Joe Royer for a conditional use permit for the recognition of existing private helipad locations used for an existing commercial helicopter ski operation on private property within the Ruby Mountains. Location: Thirteen (13) locations within a 1,109.89 acre parcel of land located within Sections 1 & 11 Township 32 North, Range 58 East, M.D.B. &M. Applicant/ Owner: Ruby 360 LLC Mr. Kingwell presented the staff report. Commissioner Hartley arrived at the meeting 5:35 pm. Mr. Kingwell read into the record all the comments that were received. There were 19 supporting comments and 10 opposition comments received. A copy of the comments are available in the Planning & Zoning File #15-4000-0004, Ruby 360 LLC. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ECPC June 18, 2015 Minutes.docx Elko County Planning Commission Meeting Minutes June 18, 2015 Page 3 Chairman Larason recessed the meeting for 10 minutes. Meeting went into recess at 6:48pm Meeting resumed 6:59pm Public Comments: Mr. Johnathon Whitehead representing Ruby 360 and the Royer family. Mr. Royer will present a presentation and then after the public comments he would like to address any of the oppositions. Joe Royer owner of Ruby 360, gave a power point presentation on his operation and his proposal. The Lodge is proposed on 120 acres zoned agricultural recreation. Mr. Royer commented that none of the 30 closest owners sent in any negative comments or concerns. There will not be taking off or landing within the wilderness area or flying over the wilderness area. In the wintertime, there are currently about fifty landings of which eleven are on private land and the rest are under a special use permit issued by the Forest Service in 2014. The intention for the eleven landing zones are for one helicopter on a limited basis. Estimate of ten flights per year at the present time. Flights will be early in the morning, and will take about three minutes each way, for a total of six minutes of flight time. All the flights will be in Class G airspace, which is uncontrolled with limited restrictions. The helipads could also be used for rescue and firefighting. The flights will be direct from the lodge to the helipad sites, no sightseeing flights are proposed. Federal Aviation Administration (FAA) Part 139 basically, says that heliports do not have to comply with the Part 139 because they are small and undeveloped. The yurts are temporary structures and all the waste is removed from the property. In closing, this is private property and the impacts are minimal, with no flights into the wilderness, no landings in the wilderness and no hunters being transported. Commissioner Hough asked Mr. Royer in the letter from the Back Country Hunters &Anglers communicated the idea that Ruby 360 would ferry people and equipment to remote sites for hunting and fishing, where did this concept come from. Mr. Royer answered there has been some misinterpretation that started with the initial proposal, there is no hunting, transporting of hunters or fishermen, transporting of any game or scouting. Mr. Royer is willing to have restrictions put in the conditional use permit that no transporting of hunters, scouting or fishing be allowed by the helicopter access. Commissioner Hough asked that within the Nevada Department of Wildlife (NDOW) letter there was mention of the Ruby Mountain Heli-ski Environmental Assessment in 2004. Mr. Royer explained in 1977 when we started there were a 5-year permits that were granted by the Forest Service. Later it was turned into a 10-year permit that required the permit go through an environmental analysis within the NEPA process. Ruby 360 complied with the Fish & Game restrictions, included in the permit. They went through an environmental assessment in 2004, to see if the helicopter skiing service was street legal. Within the process, there were public comment periods where public concerns and issues were addressed. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ECPC June 18, 2015 Minutes.docx Elko County Planning Commission Meeting Minutes June 18, 2015 Page 4 Commissioner Genseal asked about Mr. Wasley’s comment in the NDOW letter about no authorized flights from May 23rd through June 13th identified as the fawning and kidding time for sensitive species in the area. Would you be willing to work with them on these restrictions? Mr. Royer commented he had an extended conversation with Mr. Wasley yesterday and none of those points were mentioned. Those points are new to him and he needs to do some research on them but is willing to work with NDOW concerning them. Mr. Royer has a huge amount of respect for the wildlife that reside in these mountains and doesn’t want to negatively impact them in any way. Chairman Larason asked MR. Royer that NDOW’s position can be very arbitrary as to when you could access your private property or not; are you willing to give up more of your property rights. Mr. Royer stated he is willing to work with them, but expressed concerns that basically, the restrictions would allow him to fly into his property during the month of July. Chairman Larason stated the decision on the permit would be made tonight. Chairman Larason opened public comments: Chad Smith (local resident) has witnessed Ruby 360 and the Ruby Mountain Heli-ski for the last 10 years. Joe has allowed us to utilize his land for hunting purposes, also for skiing and outdoor activities. I own a local family farm that his helicopters have flown over. There has never been any issues with the helicopters flying over his cattle. The helicopters have always been flown at a responsible elevation. Joe has always been responsible and promoted good land stewardship by instructing how he would like his land used in regards to the use of ATVs and vehicles and the effects they might have on the wildlife. John Rice (resident of Elko) expressed his support of this condition use. He is an avid back country user and has been impressed with the responsibility that Ruby Mountain Heli-ski and Joe Royer, his guides and employees stewardship of the back country. I believe their proposal is a responsible one and continues responsible stewardship. The economic impact of this proposal with new summer time operations is important to Governor Sandoval’s ambitious economic proposals, this will help to diversify the economy of Elko, Nevada. The increase in people using the operation will increase the room tax revenues and most will arrive using the local airport. This operation will also provide good jobs that will be an economic benefit. Ruby Mountain Heli-ski, the Royer family and Ruby 360 are terrific stewards of the land and the way of life in rural Nevada. Bruno Carr stated the Mr. Royer has allowed the use of his equipment to rescue people before the air ambulance and other modern rescue equipment was available, whenever needed. During the recent fires, he allowed the use of his helipads for various things that the Forest Service needed to control the fires. He is the only merchant that is willing to buy eggs from a local farm. He contributes to the local economy not by bringing in other people but by working with local people. Pete Bradley expressed his opposition to the Ruby 360 proposal. Quite to the contrary, this is not a private land issue, the constant focus on the private landing zones is disingenuous since these ports are most often surrounded by public lands, the noise impacts will be felt on these K:\P&Z - Planning Commission Records\DOCS, MINUTES\2015 YEAR\ECPC June 18, 2015 Minutes.docx Elko County Planning Commission Meeting Minutes June 18, 2015 Page 5 surrounding lands, wild life and primitive recreationist will be impacted by these over flights every time, every flight all year long. 3.44 miles by the crow is a long way in the Rubies and will cover a lot of wildlife habitat. Henry Krenka- (Nevada Outfitters and Guides Association) expressed that The NV Outfitters strongly opposes this for the affect on the wildlife and it is not a private property issue.
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