Elko County Natural Resource Management Advisory Commission

540 COURT STREET, SUITE 104, ELKO, NV 89801

PH. (775)738-6816, FAX (775) 738-4581

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, August 25, 2014

6:00 P.M. CALL TO ORDER: Acting Chairman Spratling called the regular meeting of the Elko County Natural Resource Management Advisory Commission to order at 6:01 p.m. on August 25, 2014, in Suite 102 of the Nannini Administration Building, 540 Court Street, Elko, Nevada. ROLL CALL:

Members Present: Craig Spratling John C. Carpenter

Richard Genseal Ralph R. Sacrison

Kristina Radel (arrived at 6:10pm) Teresa Conner (Alternate)

Absent: Orson Tingey Heston Johns

Others Present: Randy Brown, Natural Resource Manager

Jeff Williams, County Commissioner Eleanor O’Donnell, Administrative Assistant

Rich Adams, BLM Tuscarora Field Office Wendy Fuell, USFS Connie Lee, NDOW PLEDGE OF ALLEGIANCE: Chairman Genseal led the Pledge of Allegiance.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 2 REVIEW, DISCUSSION AND APPROVAL OF MINUTES July 28, 2014 – Regular Meeting Minutes MOTION: Commissioner Carpenter moved to approve the minutes from the July 28, 2014 regular meeting as presented, seconded by Commissioner Sacrison. Motion passed unanimously. VOTE: Yea: Craig Spratling John C. Carpenter Richard Genseal Ralph R. Sacrison Teresa Conner

Nay: Absent: Orson Tingey

Heston Johns Kristina Radel Abstain:

COMMENTS BY THE GENERAL PUBLIC: No comments BUREAU OF LAND MANAGEMENT Presentation of items by BLM Representative: Public Lands Recreation Study Informational Meetings The Great Basin Institute is facilitating interactive discussions to gather information from the public regarding the benefits of recreating on Elko County’s Wilderness Study Areas (WSAs) and on public lands administered by the Bureau of Land Management (BLM). This information will be shared with the BLM in preparation of the upcoming Elko District Resource Management Plan revision and all other items related, thereto. Rich Adams (Tuscarora Field Office) presented information and answered some questions that were passed on to him from the NRMAC members concerning the Public Lands Recreation Study. Why is it limited to only 20 people? The format is set up if 20 people attended there would be a dialog between the moderator and the group that is there. If more than 20 people signed up for a particular session there could be another session scheduled for the additional number. Great Basin Institute also has a blog site where comments can be documented. Commissioner Conner asked if more than 20 people sign up and there is another session would it be a simultaneous session or on another day. Mr. Adams answered most likely another session would be scheduled. If there are more than 20 people it is harder to facilitate a discussion. At the Wendover meeting there was one

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 3 outfitter/guide attend, Carlin there wasn’t anyone, Wells has 2-3 people signed up, and 10 people for the Elko session. Mr. Brown RSVP there is 1 member of the County Commissioners that would like to sign up. Are there any members of this board that would like to attend on September 16th at 5:30pm? Commissioner Sacrison would like to attend as well as Commissioner Carpenter and tentatively Commissioner Conner. Commissioner Carpenter asked why at the Pizza Barn? Mr. Adams commented it is an informal atmosphere that was chosen by the Institute. Mr. Brown officially offered this commission room for the meeting. Chairman Genseal questioned if there would be a quorum of this board and that it might have to be noticed properly. Four of the seven members would be a quorum. Timing of the sessions? Mr. Adams explained these were supposed to be done last fall of 2013. For various reasons it has been postponed until a time could be set up. The BLM and the national lands conservation system offered grants for organizations to go out into the communities to gather recreational type information related to Wilderness Study Areas (WSA) as well as broader information pertaining to public lands; the Great Basin Institute of Nevada (GBI) applied and was awarded the grant. The BLM has restrictions on how information is gathered and that is why an outside group was considered. The Winnemucca meeting did not get a good turnout so GBI is doing a “monkey survey” to collect more information. There were several of these type of venues were done in western Colorado. The information GBI is collecting is for recreation with the focus on the WSA’s due to the 50-year anniversary of the Wilderness Act, but anything concerning recreation is welcome. GBI will collect the information and write a report for the BLM summarizing the comments. The type of information hoped for is the benefits, experiences and activities on public lands, as well as the likes and dislikes. The information will be used to draft the RMP to address some of the comments and issues raised during the sessions. In a way, a head start on the test questions of prescoping. Commissioner Radel arrived at the meeting 6:10pm Commissioner Conner asked when the RMP process would start. Mr. Adams stated the start date is 2016. Commissioner Radel stated she would also like to attend. Mr. Brown stated a quorum agenda would have to be posted if four members attend. Mr. Adams commented there is also a session in Wells. Mr. Adams stated that GBI is not an environmental group; it is more of a conservation group. There are several groups that help to get young people that may be interested in pursuing a career in natural resource. This gives them an opportunity to get experience and exposure to the federal agencies. This group is used by the BLM to collect a wide variety of information and inventories on land use and trails within the district. Barton Allotment Grazing Permit Renewal Decision Discussion and consideration of the decision for renewal of the livestock grazing permit for the Barton Allotment located in NE Elko County, and all other items related, thereto. (Wells Field Office)

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 4 Mr. Adams commented Bryan Fuell briefed the board on this item last month if there are any new questions. Commissioner Carpenter stated in reading the decision, a lot of that allotment has burned. They are keeping it at 50% utilization. If this trend is continued, it will lead to more fires. He suggested a study is needed on increasing the utilization. Mr. Adams stated he would pass the information on to Mr. Fuell. Proposed Cedar Ridge I Exploration Project Discussion and consideration on the development of an Environmental Assessment to conduct oil & gas exploration south of Elko by EFT Nevada LLC as part of an oil and gas exploration lease. Comment period ends September 5, 2014. (Tuscarora Field Office) Mr. Adams explained an energy company out of Texas, Energy From Texas (EFT) is proposing to drill a well on the south end of Cedar Ridge. It is several miles west of Noble’s Huntington project. They will use existing roads to get to the location and will have to build a small section of road. They are looking at an oil well in the Chainman formation. Noble is drilling in a deeper formation. This is the same formation that the Blackburn well in Pine Valley is drilled in. the baseline information should be completed this fall and winter, with a proposed drilling date of spring or summer of 2015. An EA scoping meeting was held last week with about 15 people in attendance. There was a good discussion. With this particular well they are not, looking at doing any fracking because the formation is a reasonably porous, but it has been included it within the EA just in case. It is a couple miles south of the Cedar Ridge WSA and is the proximity of sage grouse habitat. This lease is a vintage of 8 or 9 years old, which is why they are trying to get a hole drilled to maintain the lease. The lease is a 10-year lease. Commissioner Conner asked about the location of the well on the map does not correspond with the project area. Mr. Adams explained this was a map was taken from the Noble project to show the relation of this project to Noble’s Huntington project and was included for the accumulative affect analysis It is not an exact project area for this project. Commissioner Conner questioned if the new company had conducted geophysical surveys to determine the location for this hole. Mr. Adams commented they based it off older data that is available, geological maps. This is a pure wildcat well. Commissioner Radel questioned do they have a catch pond on this particular project. Mr. Adams commented they would be using a sump. Commissioner Radel asked if this is open range, are planning to fence the pond to keep the cattle out of the sump. Mr. Adams commented they would be fencing. Commissioner Conner commented in the document it states that while it is drilling the hole it will be on three sides and then eventually fenced on all four sides. Commissioner Radel asked what type of the comments were received from the meeting. Mr. Adams commented there was a wide variety of comments; where the water would be from, will they drill a water well on location, roads, has Noble Energy been notified, and several specific geophysical questions on the geochemistry and formations in the area. Commissioner Radel asked what they are planning on doing with the wastewater. Mr. Adams answered transporting to the safe the harbor in Utah.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 5 BLM- March 10, 2015 Oil & Gas Lease Sale Discussion and consideration of the Elko District adjudicated nominations for the BLM- March 10, 2015 Oil & Gas Lease Sale, concerns with the amount of acres deferred due to the sage grouse, and all other items related thereto. Mr. Adams explained the Elko District EA is analyzing approximately 27,000 acres to potentially lease for oil and gas. Seven million acres were nominated by individuals and groups for leasing. Physically the State office could not handle all of the seven million acres, so they narrowed it down to 1.3 million acres. Approximately 98% of the nominated acres are being held back from the state office for various reasons (sage grouse habitat, Wilderness Study areas, known cultural issues, some parcels have already been leased). A “swag” best guess is that 99% would be related to sage grouse deferments. Which leaves about 27,000 acres to be analyzed in the EA. Chairman Genseal asked if the 27,000 acres are currently being analyzed now. Mr. Adams explained these parcels should have the fewest resource issues left on the table and the number should not be reduced. Chairman Genseal questioned have any of these acres been taking out of grazing permits prior to being released for oil & gas permits. Mr. Adams explained that 99% of all the allotments are within grazing permits and the oil & gas leases are in addition under the multiple use concept. Chairman Genseal questioned if some of these permits may have been grazing taken off due to other factors and never being released back to grazing but may be released for oil & gas exploration. Mr. Adams commented there is no nexus between permitted AUMs and a parcel being leased or not leased for fluid minerals. Commissioner Sacrison asked if one use is selectively chosen over another. Chairman Genseal clarified the use being taken out of one purpose and only giving back to another purpose. Was this 27,000 acres at one time leased for grazing now the grazing has been removed, but now it is being offered for oil & gas exploration. Mr. Adams commented in theory there could be acreage that is being deferred because of fire or reduced depending on the situation and could have an oil & gas lease on it. However, it would not be because there are less AUMs so it can be used for oil & gas. The permit could also be stocked at 100% and still be nominated for oil & gas use. Commissioner Spratling commented the only loss for the grazing permitee would be the potential new roads and drill pad site. Chairman Genseal commented if it is multiple use on the land than this really is not an issue. Commissioner Carpenter questioned the figure of 98% for sage grouse deferment. Mr. Adams explained it was based on the sage grouse habitat identified by NDOW and the BLM maps that identified the preliminary priority and preliminary general habitat. The 98% is just an estimation. Commissioner Carpenter commented that there are a lot of sage grouse but not 98% of the Elko District. If it is really habitat with sage grouse on it, but if it is just areas that somebody thinks there could be sage grouse then it is not right to defer it. Mr. Adams mentioned the habitat is based on potential habitat, at any given time there may or may not have sage grouse on it. The potential habitat has been identified and many of the planning decisions have been based on those maps. This is a consistent data source that BLM is

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 6 utilizing. Oil & gas leasing is a discretionary action until the lease is offered whereas mining is under 3809 regulations and is nondiscretionary. Two mineral development scenarios that are under different authorities of the law. Commissioner Carpenter stated it seems like the sage grouse is being put above everything else. In Elko County, everything will be prevented because of the idea that sometime in the future there might be sage grouse there. Mr. Adams commented part of that is why they are doing the Forest Service/ BLM EIS related to sage grouse management. That is why these acres are deferred until that planning document is completed. The intent is to identify areas with no leasing or surface occupancy, as well as areas with stipulations that allow for development of oil & gas resources if it is there. It will be probably be more stringent than standard regulations but it will not necessarily preclude 100% of future development. These acres will be deferred until that EIS is completed and the Wells and Elko Land use plans are amended because of the EIS. Commissioner Carpenter stated the EIS would probably put sage grouse above everything else. County Commissioner Williams commented this tells where we are at in the history of what is happening to the United States right now. The term potential habitat can related to anywhere, it could cover the football field in Elko. The BLM & Forest Service is not clear on how much land and control the US Fish & Wildlife Service wants which keeps adding more and more acres under consideration. Which limits the amount of land that we can use for recreation, gas & oil, range, agriculture and various other multi-uses. The priority and general habitat stays the same but now the term potential habitat is added to it so we end up with 7 million acres that were nominated, down to 1.3 million that can be looked at and out of those 27,000 acres that will be analyzed. That is not even saying that the 2% will be available. Mr. Adams agreed it is possible. The word potential was used within the existing priority and preliminary habitat areas that have been identified. County Commissioner Williams stated that the word potential has been seen in writing before. It is understandable why everyone in Elko County is so concerned about what the potential impacts could be for our economy in the future. It looks grim when looking at the whole picture for the future. Every job in Elko County relies in some way to recreation, mining or agriculture and with what is happening with the BLM & Forest Service because all of it is so intertwined. Mr. Adams commented it is almost a critical mass concept. Commissioner Sacrison asked for clarification on the acreage held back from the state office, was is not to be allowed for productive use. What does the adjudicated and the held back mean? Mr. Adams explained adjudicated have been looked at by checking the land records, master title plats and were determined as clean acres that could be looked at for oil & gas leasing. That total of 1,323,225 acres fell within either the preliminary priority or general habitat and were not forwarded to the District office for analysis. The 27,522 acres is what the State Office sent to the Elko District to be analyzed, apply whatever stipulations are needed, and do the environmental assessments to prepare them for the State Office to sign the FONSI decision of record related to those acres in order to further adjudicate them and make them available for leasing. Commissioner Sacrison noted this affects solely energy development. Mr. Adams clarified oil & gas leasing. Commissioner Sacrison questioned it does not affect agriculture and solid minerals. Mr. Adams answered not at this stage. Commissioner Sacrison asked at what stage it will affect agriculture and solid minerals. Mr. Adams stated agriculture/BLM grazing permits would be when the sage grouse EIS is finalized.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 7 Commissioner Sacrison questioned when that EIS is finalized presuming these acreages hold they will be taken out of agriculture production. Mr. Adams commented not necessarily, there may be additional terms and conditions that may or may not be applied to grazing permits. Commissioner Sacrison commented there have already been sage grouse restrictions on cattle production; the concern is if these acreages go to that extreme. There will be devastating results, going back to the 2010 census a square mile within Elko County is worth about $16,000 per year of beef production. The adjudicated number would be about $34 million per year of beef production potential. It is pennies being sent to Elko in the current process. If these current acreages are considered and stay the same potentially Elko will be losing about $33 million of agricultural production, that is not even considering other uses such as oil & gas or solid minerals. This scenario and numbers are to bring up the point that the way this process is headed, these are grim numbers and is potentially devastating to Elko County. Commissioner Carpenter stated it would be a lot more that $33 million. Commissioner Sacrison stated this is just pertaining to this acreage. Commissioner Spratling asked this acreage being held back is only for oil & gas leasing. The EIS is finalized there is a potential for some acreage to be put back in for leasing from what is being held back. Mr. Adams agreed there is a possibility, there will probably be some acreage that will be off limits for oil & gas leasing. Specifics would be pure speculation at this point. Commissioner Spratling suggested that basically the BLM is protecting itself until that EIS is finalized. Mr. Adams commented based on the process in other districts and working on other resource management plans; there is not a prohibition against any activity on public land that is legal. The comments gathered help to direct the allowed activities and the restrictions within the land use plan. Mr. Brown asked what the primary reason for the 1,323,225 acres that is being held back. Mr. Adams stated the majority would fall under the preliminary priority habitat or general habitat for the sage grouse. Mr. Brown stated with 1.35 million adjudicated and 1.323 million removed or held back, 27,000 acres within Elko County is a drop in the bucket. Especially when talking about oil & gas leases. It is looking for a needle in the haystack anyway; when 97% of the land is taken away for exploration, the BLM is not giving anyone the opportunity to utilize the resources. Mr. Adams mentioned technically the acres are being deferred or held back not necessarily taken away. Mr. Brown stated 97% of what has been adjudicated for Elko County is being held back, primarily for the sage grouse, which still has unanswered questions. Jarbidge Proposed Resource Management Plan Discussion and consideration of the proposed Jarbidge Resource Management Plan that provides the framework for the future management direction and appropriate use of the Jarbidge Field Office, located in Elmore, Owyhee, and Twin Falls Counties, ID and portions of Elko County, NV, and all other items related, thereto. (Jarbidge Field Office) Mr. Adams mentioned that on the northern end of Elko County there is a small area that is between the two sides of the Forest that is managed by the Twin Falls District.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 8 Mr. Brown commented that this was put on the agenda for the board to be aware of the RMP. It encompasses a small portion of northeastern Nevada around the Jarbidge area. Mr. Adams explained there are some slivers of public land over by the Twin Falls county line in Elko County that are managed by Twin Falls District in addition to the bigger piece over near the forest. BLM – Other Correspondence and Items of Discussion Mr. Adams mentioned for 2015 there has been submitted a wild horse program to do catch, treat and release in the Owyhee and the Little Humboldt herd management areas. There is already an existing NEPA document with a ten-year planning horizon and there were fertility treatments done back in 2012. Chairman Genseal asked if there are good results on that. Mr. Adams stated not as good as we would want or need. At least if it can be continued it might buy some time. Commissioner Spratling asked how much it is estimated the cost per mare. Mr. Adams stated it is cheaper than a gather and putting the horses into holding. Commissioner Spratling questioned the treatment is only good for about 2-3 years. Mr. Adams explained 2-3 years and that is on the maximum side. Commissioner Radel asked if is there any proposed future legislative by the BLM for amending the Wild Horse & Burro Act for long-term solutions. Mr. Adams mentioned technically BLM cannot propose legislation. Commissioner Radel stated not proposed or written down but at least talked to legislators about the issue that there needs to be a better long-term solution. Mr. Adams commented that every time they get a chance the topic is mentioned that the BLM needs help with this issue, different tools are needed and the issue needs to be addressed. Mr. Adams mentioned Barrick has a potential exploration project in the Mill Canyon area near Cortez Hills. It is still in the early stages of collecting baseline information. Estimate implementing in 2016. Location is down by Mount Tenabo, the next canyon to the east of the Cortez mine. On the Pine Valley side, it would be Horse Canyon. UNITED STATES FOREST SERVICE: Presentation of items by USFS Representative: Wendy Fuell (District Ranger) presented items. West Fork Pine Creek- Jarbidge River Watershed “Farm Bill” Designated Project Continued discussion and consideration of the West Fork Pine Creek- Jarbidge River Watershed project to combat damage from insects and disease within the national forest, and all other items related, thereto. Ms. Fuell stated at the last meeting a letter was presented from the governor that identified priority areas for insect and disease treatments. One of the areas was the West Fork Pine Creek Jarbidge River Watershed. It is in the preliminary stages of the project. There will be a team pulled to gather to drilling down the large watershed that was identified in the Governor’s letter with Forest Service specialists, in collaboration with Nevada Division of Forestry (NDF) and the

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 9 community to identify those areas to focus the treatments. Commissioner Carpenter asked what type of treatments. Ms. Fuell explained that treating the diseased timber up in that area that has been affected by these insects. They did aerial surveys and based on the surveys it was determined which areas needed to be focused on. These concerns have been brought up in the past on the amount of fuels in the Jarbidge area and there have been treatments with NDF last year. This will be building on that process and taking a larger look with specialized treatments like prescribed fire and selective timber harvesting. It is a municipal watershed for the town of Jarbidge and there are bull trout in the area that will require treatments that would meet the needs of those special conditions. There is a lot of analysis that needs to be done. This Farm Bill gives 5 years to do this with some abbreviated NEPA, but unfortunately no funding. The focus will be in Jarbidge first and then Lamoille. Commissioner Carpenter questioned how the projects would be paid for. Ms. Fuell explained funding would probably come out of the NFRR budget for landscape level treatments. Commissioner Radel asked if there is any value in the infected timber. Are there any roads planned for the Jarbidge area to get in to cut the timber? Ms. Fuell mentioned the timber would cut and stacked for firewood possibly, not necessarily for marketable timber. As far as roads, creating some fuel breaks, removing the diseased timber next to the roads, fuels treatments and other various option that may be available and beneficial. Mr. Brown asked if the Forest Service planning on contracting that out or woodcutting permits for the firewood. Ms. Fuell stated it could be a combination of various treatments. Mr. Brown mentioned the situation seems to be getting worse in the Jarbidge area. What insect is it that is infesting the timber? Mr. Fuell explained it is the fir engraver beetle and white pine blister rust. Commissioner Radel asked what is infecting the aspen. Mr. Fuell commented the aspen are being pushed out by the fir trees out competing it. Mr. Brown stated that also the drought; aspens are not very drought resistant. Commissioner Radel praised that the prescribed burning and selective cutting treatments are being considered.

USFS – Other Correspondence and Items of Discussion Commissioner Conner asked what was the status of the Wood Gulch exploration project, in the minutes it sounded like they were scheduled to begin at the end of August. Ms. Fuell agreed they are scheduled to begin at the end of August, anytime. Ms. Fuell mentioned the Big Springs Exploration project and the Big Springs Mine project would be coming up and can be added to a future agenda. Commissioner Conner asked about the Forest Service recent proposal to assert authority over water. Ms. Fuell asked if it is the Best Management Practices (BMPs). Would be able to bring the information to the next meeting. Commissioner Conner requested this be an agenda item for next month.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 10 NACO - BLM WILD HORSE MANAGEMENT LAWSUIT UPDATE Update and discussion on the Nevada Association of Counties (NACO) BLM Wild Horse Management Lawsuit. A memorandum in opposition to motions to dismiss the lawsuit as filed, and all other items related, thereto. Mr. Brown commented this was added for the board’s information. This is just an update on what is going on with the lawsuit; these are the documents that have been filed in court. It is still proceeding. U.S. ARMY CORP OF ENGINEERS AND THE ENVIRONMENTAL PROTECTION AGENCY

A. "Waters of the United States" EPA Federal Register Proposed Definition Continued discussion on the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly released new proposed rule on April 21, 2014- Definition of Waters of the U.S. Under the Clean Water Act - that would amend the definition of "waters of the U.S." and potentially expand the range of waters that fall under federal jurisdiction. . Comment period closed July 21, 2014, and all other items related thereto.

Mr. Brown commented there have been several calls in opposition to this proposal nationwide and it seems to be growing. The deadline has been extended to October 2, 2014. There was an open conference in San Diego. They were overwhelmed with the amount of people that showed up. Commissioner Spratling asked if there were there any positive comments. Mr. Brown stated no, especially on the agriculture exclusions. They left them very open which means they can also close them very quickly. Including the ditches and roadside drainage ditches, any type of ditch that would flow into a Waters of the US would be classified as a perennial stream. 404 permits would be required to clean the ditches and roads. Mr. Brown mentioned it is going to receive so much negative opposition especially near an election year; there will not be very many senators or congressmen that willing to support it. I don’t see how it is going to gain enough votes in Congress to get it passed the Senate and back. Commissioner Spratling commented it isn’t proposing new legislation. Mr. Brown commented it doesn’t but proposes changes to the “clean water act” which was a Congressional action. It has to be approved by Congress to amend that action. Commission Sacrison commented this would probably die because somebody was able to show this will affect golf courses.

NEVADA DIVISION OF WATER RESOURCES Amendment of Regulations for Water Well and Related Drilling Discussion and consideration of the notice of hearings for the proposed amendment of the present regulations for water well and related drilling. The purpose of the modifications are to clarify existing language concerning waiver requirements and water well plugging materials, as well as proposed changes in licensing requirements, and all other items related thereto.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 11 Mr. Brown mentioned the State Engineer’s Office is proposing an amendment of regulations for water well and related drilling and are holding hearings. There is one scheduled for September 4th at 9:00 am in Elko. The Nevada Water Resources Association has been working with the State Engineer’s office on this. Proposed changes to how the water wells are logged, pertaining to the quality and quantities. This will make the water well logs definitive and comprehensive on the information provided. It could wind up costing more money to drill wells. More information will be available at the next meeting. Chairman Genseal stated you don’t want to regulate somebody into becoming a criminal, when they normally wouldn’t be. ELKO COUNTY ATV/OHV AUTHORIZED ROADS MAP Presentation and discussion of the proposed map for the County Roads authorized for ATV/OHV use per the Elko County Ordinance 2014-09 that allows the use of off-highway vehicles on County Roads. Mr. Brown stated these maps were approved last Wednesday at the County Commissioner’s meeting. The official authorized maps were discussed. It allows ATV use on every county road, maintained or not, in the system or not, or a historically in the system, except in some of the rural subdivisions. Places that they are not permitted is in Spring Creek, Sundance and Elko Summit Estates, which is a private subdivision with private roads. We do not have jurisdiction over anything but the Elko county roads. We are working with the NDOT to allow on certain portions of the state highway, to allow points of crossing and intersection. Lamoille is a prime example. The State is concerned with safety and traffic flow the areas need to be identified and authorized. Elko County is the first in the state to apply for this and the procedure has to be created. The second sheet has the Elko County system roads and shows open or prohibited roads. Some of the areas that are prohibited are Sundance Estates, Long Canyon mine, and a road in the Warm Springs area to an experimental station. The maps are still open and is a work in progress; if a homeowners association wants to deny access, they can petition the County Commission. Commissioner Radel questioned the potential impacts in relation to the recent increase of ATV/OHV accidents. Mr. Brown questioned in the increase in accidents would pertain to this since this just went into effect. Commissioner Radel stated the future potential impacts since there would be more access farther into the county. Mr. Brown commented if we do see a substantial increase the Sheriff office will notify that there is an issue that needs to be looked at. This has only been in effect for about a month, so the increase in recent accidents cannot be attributed to this so far but it will have to be kept in mind and looked at in the future. We have been working with the Sheriff’s office closely. County Commissioner Williams commented there would be more ATVs on the roads for the potential for accidents will be greater because of volume. The ATV ordinance addresses underage kids, alcohol and speeding all of which lead to more accidents. More enforcement by the Sheriff’s office may be needed to take care of that. If the ordinance is properly enforced,

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 12 there should not be an increase. The ordinance and the maps will be posted on the website and available from the county. These roads will not be marked open or closed, so the map will be needed to determine where they are allowed. Within the ordinance, there is a clause that if a person receives a citation for speeding or under age driving, they will get the citation as well as the owner of the ATV. Therefore, if the parents know that their child is riding the ATV and are under age not only will the child get a citation but also the parents for allowing this to take place. Mr. Brown the map is currently in a format that is too large to be emailed. County Commissioner Williams mentioned this has been researched and is working in many other places. Mr. Brown mentioned the county is trying to keep it simple, the State statute helped in allowing this to get to this point. There are still a lot of things that are convoluted within the statute that need to be worked out. Commissioner Radel expressed concerns with the access issue. The ATVs can get to places that are hard to get to and the ambulance could not get to some of these areas. Mr. Brown stated we adapt to what is required. The Sheriff’s office has more ATVs in use in order to address the issues. County Commissioner Williams stated these accidents would have taken place with or without this ordinance. Commissioner Radel agreed, but in the future with the increase in use, there will be an increase. Mr. Brown commented probably will not be an increase in use they will just be legal doing it. Chairman Genseal mentioned that at this time of year it is not unusual to see a spike in the number of accidents. There are multiple hunting seasons open and you can’t regulate until after the fact an individual who acts irresponsible. Commissioner Radel commented she is not worried about the regulations, but the possible increase in use and increase in accidents and the need for emergency services to have the right equipment to handle the incidents. Chairman Genseal stated law enforcement is generally 5– 10 years behind any trend that comes along. There is a need to show a need for something because you have to justify everything you buy. County Commissioner Williams mentioned any time there is new technology there is a need to be adaptive to maintain the safety of the public. Until you see which direction things are going to go, it is hard to determine what actions to take and which direction to go. Commissioner Radel stated it is better to be proactive than reactive. County Commissioner Williams stated the Forest Service would have to get more involved to. This will involve more agencies than just the Sheriff’s office Chairman Genseal commented if someone wanders off into the wilderness area on an ATV and has an accident the rescue services have to go in by foot or horseback because we have to follow the guidelines. County Commissioner Williams mentioned the registration for ATVs some of the funds are designated for training and trail systems. There may be some education needed on ATV safety. Chairman Genseal stated you can’t prepare for everything. All we can do is prepare the best we can and make do with the resources we have.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 13 GRASS MARCH/COWBOY EXPRESS Discussion on the Grass March/Cowboy Express where petitions are being delivered to Washington DC expressing the public’s concerns on endangered species, water issues, wilderness, closed roads, wildfire, oil & gas exploration, mining, hunting, recreation, environmental issues and the administrative policies on public land, and all other items related thereto. Mr. Brown mentioned Commissioner Gerber is not here to address this issue. Commissioner Gerber is trying to get resolutions together to proceed the route in order to get other County Commissioners and City Councils involved in signing off on the issue. The plan is in September riding for 16 days from here to Washington DC. He currently has about 15 riders. It potentially has the ability to provide a lot of press for the Western States not just Nevada, the public land state, that many people in the East just aren’t aware of and the issues we have. County Commissioner Williams mentioned the Elko County Commission passed a motion to write a resolution to go with him to take to DC. SAGE GROUSE PLANNING STRATEGY A. Up-Date, discussion and consideration of issues related to recent activities concerning the possible listing of the Greater Sage-Grouse on the Endangered Species List, pilot projects, and all other items related, thereto. Mr. Brown commented that there is nothing new. There was a meeting last week of the State Sage Grouse Council. Will update next month. CORRESPONDENCE REPORT AND OTHER ITEMS OF DISCUSSION: No items

NATURAL RESOURCE MANAGEMENT ADVISORY COMMISSIONERS AND COUNTY STAFF COMMENTS: No items. COMMENTS BY THE GENERAL PUBLIC: Connie Lee (NDOW private lands coordinator) presented the draft Sagebrush Ecosystem Conservation Plan from the SANE group and the cover letter.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 14

Chairman Genseal recommended this be an agenda item next month. Ms. Lee mentioned the driving force behind this was initially for those landowners, eight ranches in the Northeastern part of the state along highway 93, including Salmon River Cattlemen’s, WineCup Gamble, the Boies, and Cottonwood, was to identify projects. While that was done early on, there is a list of about 70+ projects, on both public and private lands. It was realized that the effort needed to be in this format in order to be brought into the administrative record for the Fish & Wildlife Service data call. It extended the process but it was needed.

Elko County Natural Resource Management Advisory Commission Minutes August 25, 2014 Page 15 County Commissioner Williams commended the group’s efforts. This is the plan that will make things happen, and these are the people that are going to do it. Because it is a combination of federal, state, landowners and all of the partners involved in the issue. Richard Adams- reminded the commission of a workshop on Thursday on the fracking rule. State Division of Minerals in this room. Commissioner Carpenter asked about the RAC meeting. Mr. Adams stated it would be at the Convention Center on Thursday as well.

NEXT MEETING DATE September 29, 2014 ADJOURNMENT Meeting adjourned on a motion by Commissioner Sacrison, seconded by Commissioner Radel at 8:05 pm. Minutes Clerk: Eleanor O’Donnell Date Approved: September 29, 2014