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as endangered, due to incorrect mapping of habitat, and the inclusion of vacant or <br />unknown habitat and potentially suitable habitat into the definition of critical habitat. <br />The CPW letter to Wally Erickson dated April 9, 2013 states that the operator should <br />consult with the USFW concerning the sage grouse. We have done that and the prior e- <br />mail from Charles Sharp to me dated March 13, 2013 states that the site is "believed to be <br />unoccupied" and that they have no jurisdiction over private property at this time. They <br />also state that the applicant has no legal right to consult with them at this time. In spite of <br />this, we have worked with both CPW and USFW. We have sent full copies of the plans <br />and have asked for comments from both agencies. Both agencies have recommended <br />seed species for the revegetation of the site and we have incorporated most of these <br />species in the seed mix which is a binding part of the revegetation plan. <br />The CPW letter also states that mesa where the pit is to be located (Moonlight Mesa) is <br />critical habitat for deer and elk. We have some reservation about this since the mesa has <br />so little grass and no water. The precipitation annually is only 12 inches. Even the <br />sagebrush is not very healthy and does not grow very tall. All of the former ranch owners <br />and managers have stated that the deer and elk use the irrigated fields below the mesa for <br />winter grazing since this area is so much more productive. However, the following steps <br />are taken to mitigate the mining to occur on the mesa with regard to deer and elk habitat: <br />1- Although the entire mining area is 191 acres, only 21 acres will be disturbed at any one <br />time, which includes the processing area. The mining area will move as a unit from the <br />south end of the property to the north and will strip topsoil in advance of the pit and place <br />it on the regraded area to the south. Revegetation of the topsoiled areas will occur every <br />year, likely to be done in the fall. <br />2 — The reclamation seed mix, with its very diverse species list, is very good for deer and <br />elk habitat, so that the reclaimed area will likely be better habitat than the existing site. <br />3- Although it cannot be a commitment for 100% of the winter, but it is highly unlikely <br />that any mining or processing will occur during the cold months. Sales of existing piled <br />material may occur, but these will also be very limited since most construction work is <br />not done during these months. <br />Sincerely, <br />Greg Lewicki, P.E. <br />Greg Lewicki and Associates <br />Cc: Zane Luttrell <br />