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impacts on the species, (2) specify the reasonable and prudent <br />me<{sores that the FWS considers necessary to minimize such <br />impact, and (3) set forth terms and conditions that must be <br />complied with by the federal agency to implement these reasonable <br />ancf prudent measures. 16 U.S_C. § 1536(b)(a) <br />62.~~"DOE is a "person" within the meaning of the ESA. <br />J~Dhlowing the proposed sand and gravel mine expansion to proceed, <br />~~ <br />assisting the mining company in its pursuit of state and local <br />approval, and issuing licenses and easements for the construction <br />and use of roads to facilitate the mine expansion at Rocky Flats <br />i~ <br />are activities that will °take" the mouse. lzemoving sand and <br />gra•rel adversely affects the hydrology conditions which are <br />necessary Lo sustain the mouse's habitat within the Rock Creek <br />~~ , <br />drai.nage.t-DOE retains full control over Rocky Flats and the <br />Buffer Zone. <br />63. By issuing licenses and easements for the construction <br />and use of roads to facilitate the mine expansion, assisting the <br />mining company in its pursuit of local and state approvals, and <br />allowing the mine expansion to proceed on DOS property, DOE has <br />unlawfully withheld compliance with section 4's "take" <br />prohibition within the meaning of the Administrative Procedure <br />Act- 5 B,S.C. § 706(1). ~onsequenCly, these DOE activities which <br />"take>.• the mouse are arbitrary and capricious, an abuse of <br />discretion, not in accordance with the law, and without <br />observance of procedures required by law within the meaning of <br />the P..dm.inistrative Procedure ACt. S U.S.C. § 706(2). <br />Scmnd ilmendcd Complaint <br />18 <br />