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<br /> <br /> <br />SENSITIVE SPECIES <br />We agree that the ultimate responsibility for the wildlife <br />management/mitigation plan rests with Getty/CYCC. Cognizant of this <br />responsibility, CYCC requested meetings with CDOW and USFWS on July 18 to view <br />the site, on October 9 in our offices, on October 22 in Grand Junction and <br />November 20 in Fort Collins. <br />Our understanding of the purpose of the October 9 meeting was that we were <br />to address the specific scope of the issues identified in your September 11 <br />letter. Our notes for the October 9 meeting show that USFWS and CDOW would <br />jointly prepare a list of target species and associated habitats, and submit to <br />CYCC specific recommendations for mitigation. Upon receipt of these materials, <br />we agrees to evaluate these recommendations, then make specific proposals <br />regarding our plans for mitigation. In your September 11 correspondence, you <br />stated that the concerns of USFWS were not limited to elk ana raptors, but <br />included additional unidentified concerns. In your recent letter, dated <br />November 19, 19tt4, you state that impacts to sensitive species cannot be <br />determined at this time, yet these sensitive species are not identified. We are <br />most willing to prepare an acceptable mitigation plan, but cannot do so until <br />the specific species and impacts are identified. We do not think there are any <br />unidentified wildlife concerns relative to this property and our review of other <br />permits in the same area clearly suggests that all of the relevant issues have <br />already been identified. We would suggest that until such issues are <br />identified, the consultation and permitting process continue without additional <br />delays. <br />2 <br /> <br />