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regarding the Stage II application. <br />to the Environmental Protection Age <br />;Wade available to the public on May <br />criticism by the EPA, as well as by <br />agencies, tote Forest Service issued <br />4, 1981. A final EIS and Record of <br />December 8, 1981. <br />The draft was transmitted <br />icy (hereafter "EPA ") and <br />19, 1930. In response to <br />other cooperating <br />a revised draft EIS on May <br />Decision was published on <br />15. The new Stage II construction on the Western Slope <br />of the Continental Divide and the adverse impacts arising <br />therefrom, authorized by Defendants Rupp and Rollens would <br />occur in the Sierra :Madre area, adjacent to land owned by <br />Plaintiffs ;iattern and upstream from land owned by Plaintiff <br />Marcia D. Lidstone. It is also adjacent to the Huston Park <br />Roadless Area. <br />16. In October, 1979, the United States Fish and <br />Wildlife Service ( "USFWS "), as a cooperating agency in the <br />NEPA study process, (a) disagreed with the Forest Service's <br />initial determination that consultation regarding Stage II <br />i^oacts ::as not recuired under §7 of the Endangered Species <br />Act (hereafter 'ESA'), 16 U.S.C. §1531 et seq., and <br />(b) requested the Forest Service to initiate consultation with <br />the USA: -;S to determine whether Federal authorization for the <br />CBPU project would significantly affect any of the listed <br />species. <br />17. On June 16, 1980, in response to Defendant Rupp's <br />larch i3, 1930 request for consultation, Lynn A. Greenwalt, <br />Director of the USF',IS, issued a biological opinion concluding <br />that "construction and operation of Stage II is likely to <br />jeopardize the continued existence of the Colorado River <br />squa:afish, the humpback chub, and the bonytail chub." <br />18. On June 17, 1980, the Director's biological <br />o -oinion, referred to in paragraph 18, above, was rescinded <br />without explanations. <br />19. On zpril 17, 1981, in a letter from Undersecretary <br />of the United States Department of the Interior, Donald Paul <br />-7- <br />