2013-05-07_PERMIT FILE - M2013007

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M- 2013- Doi Greg Lewicki And Associates, PLLC 11541 NVarrington Court Phone: (303) 346 -5196 Fax (303 }340 -693-4 Parker, CO USA 80135 L -Mail: info(-d)le-*cicki.biz May 6, 2013 DECEIVE p Wally Erickson M�v o 2013 Division of Reclamation, Mining and Safety L)IVISIONOF" 6C LA CR 233 Suite A -2 M/N/NGAND SAFETY ON Durango, CO 81301 RE: Response items to protest letters for Rocky Mtn Aggregate and Construction Uncompahgre Pit based on letter dated April 26, 2013 from Wally Erickson Wally: We have received from you the new protest letters from various people which now add to 26 total. As we stated before, it is important to state that the operator Rocky Mountain Aggregate and Construction, LLC takes any protest very seriously. All of the newest letters concern items that are covered by the Special Use process in Montrose County and are not subject to DRMS jurisdiction. However, it must be stated that these concerns have been taken seriously, such as the truck traffic and dust on T Road, as well as the access onto Highway 550, and the plans have been modified to address these concerns with Montrose County. The issue of the Gunnison sage grouse has been brought up in the letter from Leigh Robertson and in the letter from Colorado Division of Parks and Wildlife: We have conducted additional research on the potential use of the mesa by the grouse. According to records of the Colorado Division of Parks and Wildlife, they do take visual observations annually on Sims Mesa. This mesa is a larger area that encompasses the mesa located west of this property but also includes this property, which is really referred to as Moonlight Mesa. It is our understanding that, if no birds have been sighted on the mesa for a 10 year consecutive period, it is not classified as occupied habitat. The enclosed records attached to this letter show that no Gunnison Sage Grouse have been observed by CPW. In addition, all former owners and managers of the property have also written letters stating that they have never seen a sage grouse since their involvement on the property dating back to the 1950's. These letters are also attached. In addition, a letter is attached from the CPW to the US Fish and Wildlife Service dated April 1, 2013 which states that CPW is against the listing of the Gunnison Sage Grouse