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The basis for the recent hearings concerning the Deepe Pit site was a request by the operator <br /> to amend their mining permit. During the course of our hearings, evidence was submitted indicating <br /> that the Deepe Pit site was probably habitat for Utes ladies tresses orchids and the Prebbles Meadow <br /> Jumping Mouse prior to being mined. (This is not a hard conclusion to reach since monitoring on <br /> adjacent sites after mining had begun indicated such species.) The amendment was, of course, <br /> approved essentially as the operator had requested even though that amendment was clearly <br /> detrimental to such species. <br /> The City believes that your staff should have required the creation and preservation of such <br /> habitat. If not, then what is the purpose of the MOA? If the Division of Minerals and Geology can <br /> ignore the MOA then certainly it is of no benefit to the water providers of this state. <br /> Implementation of the MOA at all levels of state government is critical if, as a State,we are <br /> truly going to avoid the listing of species under the Endangered Species Act and the consequences <br /> attached to such listing. I look forward to your response. <br /> Sincerely, <br /> Sue Ellen Harrison <br /> Assistant City Attorney <br /> cc: Doug Robotham <br /> Alan Taylor,Public Works <br /> John Tayer, City Manager's Office <br /> K:XA PHA\CMUM\M-MLIAX 2 <br />