1
HABITAT CONSERVATION ADVISORY COMMITTEE
for the Washington County Habitat Conservation Plan (HCP)
A regular meeting of the Habitat Conservation Advisory Committee (HCAC) was held in theWashington County Commission Chambers onOctober 24, 2017.
Committee members present were:
Chris Blake, ChairmanEnvironmental Organization
John Bramall, Vice ChairmanMayors Association
Henry Maddux Utah Dept. of Natural Resources (UDNR)
Chris Hart Local Development
Larry Crist U.S. Fish & Wildlife Service (USFWS)
Dawna Ferris-Rowley Bureau of Land Management (BLM)
Bette Arial Citizen-at-Large
Also present were:
Cameron RognanHCP Administrator
Sarah ThomasHCP Recorder
Lacey McIntyreHCP Administration & Outreach
Mike SchijfTechnical Committee (HCP)
Dean CoxCounty Commissioner
Lisa RutherfordCitizen
Paul VanDamCitizen
Carmen BaileyBureau of Land Management
Eric ClarkeWashington County Attorney
Chris Gorzalski Citizen
Mori KesslerSt. George News
Nate KellyFormer HCP Intern
Gil MeachamUtah Public Lands Alliance
Kim PollockUtah Public Lands Alliance
Kevin KellerUtah Public Lands Alliance
Monroe SmithUtah Public Lands Alliance
Willa PateUtah Public Lands Alliance
Richard SpottsCitizen
Courtney BrinkerhoffSenator Hatch’s Office
- CALL TO ORDER
Chairman Chris Blake called the meeting to order at 1:00 p.m. noting that a quorum was present.
- CONSENT AGENDA
The Consent Agenda is a means of expediting routine matters which come before the committee for approval. The consent portion of the agenda is approved by one (1) non-debatable motion. If any member wishes to remove an item from the consent portion of the agenda, then that item becomes the first order of business on the regular agenda.
a.Approval of Agenda
b.Review and Approve Regular and Work Meeting Minutes
1. September 25, 2017
c.Next MeetingDate
1. December 12, 2017
- DECLARATION OF CONFLICTS OF INTEREST
None.
- PRESENTATIONS
a.Raven Report – Mike Schijf
Mike presented Exhibit 4-a-1, a power point titled “Tortoise Predation and Raven Monitoring in the Red Cliffs Desert Reserve2017.” He explained that raven monitoring occurs because hatchling and juvenile tortoises are vulnerable to raven predation. Ravens thrive near human development, and as Washington County grows, large scale predation events could occur. Recurring predation has occurred in the Paradise Canyon and T-Bone mesa areas. This year’s data includes the 7th instance in the past 3 years that tortoise remains associated with ravens were found at the Paradise Canyon site. Two monitoring strategies were used to gather data: power line surveys and nest surveys. Surveyors visited both previously visited nests and suspected nest sites.
Next, Mike discussed the findings of the raven surveys: all 7 previously known nest sites were active; they discovered 2 new raven nest sites; they discovered 2 other nest sites that were likely active (found after chicks had fledged); they observed 4 other possibly activenest sites (not enough evidence to be definitive); they estimate 40 (or more) chicks fledged between all nests monitored; and they found 8 total hatchling tortoise remains (2 during nest surveys, 1 during powerline surveys, 5 incidental). They found 2 areas of greatest concern. The first area includes the southwestern part of Zone 3 and the eastern part of Zone 2. (Paradise Canyon, T-bone Mesa, Middleton and nearby areas). The second area of concern includes Grapevine, Bone Wash, Dino Cliffs and nearby areas (all within zone 3).
Mike provided the following management recommendations: continued raven nest and powerline surveys; intensive effort in areas where ravens are targeting tortoises
(Paradise Canyon and T-Bone Mesa); have the Upper Virgin River Recovery Implementation Team (RIT) help establish a plan unique to our area. He concluded that ravens are not likely having a major impact on tortoises inside the Reserve at this time. However, they don’t find all raven nests or all tortoise remains, and as Washington County continues to grow, the potential threat increases.
Cameron invited Nate Kelly, the intern who assisted with raven surveys to speak about his experience. Nate said that his work helped him understand more about individual efforts toward conservation and research.
b.HCP 3rd Quarter 2017 Outreach and Education – Lacey McIntyre
Lacey shared Exhibit 4-b-2, a power point titled “Outreach and Education, 3rd Quarter 2017.” During the 3rd Quarter, Lacey and HCP staff made 22 presentations to 4,978 people. Visitation at the Washington County Fair provided a large portion of this number: 4,431 people stopped at the Red Cliffs booth. Compared to 3rd Quarter 2016, there was an increase of 15 presentations reaching over 200 more people. Additionally, the visitor center saw an increase of over 400 more people than 3rd quarter 2016.
The summer program was a large component of 3rd quarter outreach. 108 people participated and 72 kids made crafts during 3rd quarter. The total spent on crafts for the entire summer was $152, or just 59 cents per participant. Other 3rd quarter outreach efforts included: the Southwest Astronomy Festival, social media, the 5 minutes spot on the Real Estate and Leisure television channel, a hiking guide and new brochures, ads in the Southern Utah Family and Kids magazine, and continued participation in the county “Give your Land a Hand” campaign.
5.UTILITY AND DEVELOPMENT PROJECTS
None.
6.General Business
a. Discussion and possible action on raven report
The committee discussed the total number of ravens that might be in the Reserve. Mike said that they’ve already found the most concerning raven activity areas and suggested focusing on areas of high tortoise density and areas where tortoise mortalities are attributed to raven predation. Cameron pointed out that the distribution of raven nests is highly clustered in an area close to the landfill. The map shows that the further you get from human development, the fewer nests you find.
Next the committee discussed the removal and destruction of raven nests. Nests are sometimes destroyed on power lines, but the Migratory Bird Treaty Act protects ravens and requires a permit to remove nests. Other ways to approach raven control include limiting subsidies and perching areas. Chris Hart asked if there’s a threshold of predation that has to be met before raven removal protocols can be initiated. Mike said there is no established threshold, and this is why it would be wise if the Upper Virgin River RIT came up with a specific plan that could be followed. Cameron said that he’ll bring this up in the RIT meeting next week.
b. Discussion and possible action on outreach and education report
The committee thanked Lacey for all her hard work during the 3rd Quarter.
c.Update on land acquisition efforts – Dawna/Cameron
None.
d. Discussion and possible action on Bob Brennan’s Land Exchange
Proposal
Chris Blake reminded the committee of Brennan’s proposal during the September meeting. He said that the HCAC has little power to do anything about the proposal other than tell people that they’re either for it or against it.
The committee requested an update from the City of Hurricane on Brennan’s request for a zoning change. Mayor John Bramall said that the Hurricane City Council voted in favor of the proposed land exchange in a 3:2 vote as long as the following conditions are met: 1-that everyone agrees, in writing, that the SITLA lands in the Sand Mountain OHV area be preserved for permanent recreation. (This will likely necessitate Brennan purchasing the lands and putting a deed restriction on them or donating them to the city or county or state); 2- satellite areas should be considered so that those can be utilized instead of giving up some of the Sand Mountain area; 3- Hurricane City may annex the whole Sand Mountain area, designate all the other areas as permanent recreation areas, and put it on Hurricane City’s master general plan to protect the rest of the area from development; 4- Hurricane may annex the land to be developed at its customary rate of 1 home per acre; and 5- they expect a letter of support from USFWS stating that this land exchange would help move the HCP renewal along.
John asked to hear the perspective of the USFWS and BLM. Larry Crist said the acquisition of the current in-holdings is important to HCP renewal and to long term goals. The satellite areas are something that can be looked at in terms of net conservation benefit, but not to replace in-holdings.
Dawna said in the BLM’s 1999 Resource Management Plan (RMP), the Sand Mountain Area was established as open OHV area. The most recent amendment continued that status as open OHV area. In regards to acquiring in-holdings, the BLM is willing to move forward with exchanges that rectify the in-holding situation at Red Cliffs.
John said that historically Brennan has done a lot of SITLA land development, and the Council is worried that continued SITLA land swaps will happen in the primary Sand Mountain area. They don’t want this land swap to precipitate further action out there. This will need to be part of written agreement with SITLA. He said that the Hurricane City Council wants to know if the HCAC supports moving forward with this exchange.
e.HCP renewal update – Cameron/Larry
Cameron said they’re working on a new flowchart updating the various steps that need to be completed for the HCP to be renewed. Hilary from USFWS told them they need to update the changed circumstances sections regarding pesticides and weed control. They asked if she could start looking at an impact analysis of the Northern Corridor. Cameron hopes to have the flowchart completed for the next meeting so that he can get input, especially from the BLM. Brennan’s land exchange will be on the flow chart, but will also require a flow chart of its own.
f.Consideration / Approval of 2018 HCP Budget
Cameron shared exhibit 6-f-1 with the committee, the revised 2018 HCP Budget. He discussed highlighted changes to the budget based on comments made at the last HCAC meeting. These include changes to- and re-naming or re-categorizing of- the following: student intern; training/conferences and travel; tortoise monitoring; Chuckwalla trailhead management; vehicle operations; contract access points, land acquisition facilitation; land acquisition; and equipment purchase. Chris Hart asked about the budget for new fencing. Dawna said that there’s a need for new fencing at the northern extreme of the NCA/Reserve boundary near Diamond Valley where OHV intrusions are happening. The committee agreed to leave the budget for new fencing as-is.
g. HCP Administator’s Report
1. 3rd Quarter 2017 report submission
Cameron told the committee they have the next month to review the quarterly report before approving or amending it in December.
2. Balance sheet and budget report
The committee was given the balance sheet and budget report (Exhibit g-2-1) for review.
3. Tortoise surveys near Sky Mountain golf course & Virgin River
Cameron said that no tortoises were found at either of these locations.
4. Washington Parkway update
Cameron told the committee that the Technical Committee (TC) will be looking at the county-approved Washington Parkway alignment on a November 2nd field trip beginning at 1 pm. This field trip is open to the HCAC members and to the public.
7.PUBLIC COMMENT
This item is reserved for items not listed on this agenda. No action may be taken on a matter raised under this agenda item (three minutes per person).
a. Gil Meacham, president of the Utah Public Lands Alliance (UPLA), said that UPLA does not support the current version of the land exchange or any land being taken out of the current OHV area. They see this area as a gem that functions to support the local economy, as a way of keeping motorized recreation contained in one area, as a good conservation area, and as a place to run educational events about how to keep things clean. He briefly outlined the history of Sand Mountain: they started with 22,000 acres and now they have about 18,000 acres, meaning that since 1996 they’ve lost 4,000 acres. There are currently 6 events that happen in the area. For just one of these events, the Winter 4x4 Jamboree, theycalculate that they raise 1.6 million dollars in local revenue.
b. Kim Pollock, a trustee with UPLA, said that a primary motivation for him moving to this area was the Sand Mountain Recreation Area. He said that Sand Hollow State Park is the #1 state park in Utah. Two years ago, UPLA did a survey in conjunction with the BLM and found that Sand Mountain would be the #8 state park if it was one. He said that the primary draw for Sand Hollow State Park is Sand Mountain. He doesn’t want to see a development built that objects to dust, noise, and night runs. They use this area respectfully and responsibly for outdoor recreation and don’t want to see that taken away.
c. Kevin Teller, a board member of UPLA, said that the Sand Mountain Special Recreation Management area was created to provide in perpetuity a place for off highway vehicles to be run. He said the amount of land we have is not infinite. As we allow bits and pieces of this spectacular resource to be chipped away for other uses, it’s a disservice to our children, grand children and future Washington county residents.
d. Monroe Smith, a Washington county citizen and taxpayer, said that the circumstances of Mr. Brennan becoming involved in this issue are moral ones. He believes Brennan saw himself making a lot of money and knew that the land he bought would become part of a tortoise reserve. He said that Sand Mountain is widely recognized throughout the nation as a place to participate in motorized activities. He concluded that UPLA promised its members and supporters that if action was taken to let a transition on that land to take place, they’d use every element of due process available to stop it. He said that Mr. Brennan needs to recognize that the process will be extensively prolonged if this action is proceeded with.
e. Lisa Rutherford asked about the Johnson Canyon area fence. She said there is fencing on either side of the gate, but no step over across the gate. Potentially, tortoises could walk right through the gate. She also asked if they’re looking forward with the budget to what the costs would be for fencing and maintaining a new satellite reserve area. Cameron said he’d check with Kristen Comella at Snow Canyon State Park to get that fixed. Next, Lisa wanted to make sure that the committee is looking at all the costs that would be associated with managing two reserves rather than just one. John Bramall replied that this cost has been accounted for with contingency money in the budget. Lisa said they used to make copies of budget for people who attend the meetings to see but don’t anymore. Chris Blake said they could do this again.
f. Richard Spotts, a 15 year Washington county resident and taxpayer, said he greatly appreciates the HCAC’s work to protect the desert tortoise and the Reserve. Then he registered his opposition to the proposed Northern Corridor, including the new alignment. He also registered his opposition to Congressman Chris Stewart’s associated legislation to authorize the Northern Corridor which would supersede the federal Endangered Species Act and the National Environmental Policy Act. He is concerned that discussion of acquiring mitigation in the west, the Ivins/Santa Clara area, could turn into a “shell game.” He foresees the following scenario playing out: in exchange for the Northern Corridor, people will create a satellite area to better protect tortoises on the west side, but then 5 years later they will ask to put in a western corridor. He said that if you keep moving the pea around in the “shell game,” at some point you’ll realize you’re not providing a net benefit to the tortoise and you’re not achieving the purposes of the original HCP. Next he said that science shows that roads are bad for tortoises and tortoise habitat. There’s a “sink effect” documented in many studies showing that you see a suppressed tortoise population in areas closer to roads. Additionally, road kills associated with the Northern Corridor would attract more raven predation of tortoises. He concluded by asking the committee members to keep their eyes on the pea and not get into a tortoise mitigation shell game.
g. Chris Gorzalski asked if the Technical Committee field trip of the Northern Corridor alignment would be open to public and how it would be advertised. She wanted to make sure they’re being open with the public. Cameron said that the meeting will be advertised in the same way that all HCAC and TC meetings are advertised: on the Utah Public Meeting Notice website, in the Spectrum, and at the Washington County Administration Building and the Red Cliffs Desert Reserve Visitor Center.