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9. Alleged Concerns Regarding The Mountain Plover Do Not Form Any Basis For <br />Denial Of The Application. <br />The Mountain Plover is not listed as either a threatened or endangered species on any <br />Colorado or federal list. In 2003, the U.S. Fish and Wildlife Service withdrew a proposal to list <br />the Mountain Plover as a threatened species, finding that the species is not likely to be <br />endangered in the foreseeable future. 68 Fed. Reg. 53083 (Sept. 9, 2003). See also Exhibit 59. <br />Exhibit H of Allen's application specifically addresses the potential presence of the Mountain <br />Plover, and documents that there aze no recorded sightings of the species on Allen's property. <br />There is no provision in either the Rules or the Act requiring Allen to undertake a study of the <br />kind suggested by the Objectors before an application can be approved. <br />WHEREFORE, Allen Drilling and Excavating Company, Inc., requests that the Board <br />DENY the Objectors' Motion, and approve Allen's permit application. <br />Respectfully submitted this l la' day of August, 2006. <br />TEMI{IN WIELGA HARDT & LONGENECKER LLP <br />By: <br />Scott W. H ,Esq. <br />Joseph G. iddleton, Esq. <br />Temkin Wielga Hazdt & Longenecker LLP <br />1900 Wazee Street, Suite 303 <br />Denver, CO 80202 <br />COUNSEL FOR ALLEN DRILLING AND <br />EXCAVATING COMPANY, INC. <br />14 <br />