Rich McDonald's May 5, 2000 Letter

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Quimby Higgins & McDonald LLP
Attorneys at Law

Suite 618
6 South Tejon Street
Colorado Springs, Colorado 80903
Telephone (719) 471-2911
FAX (719) 471-2915

May 5, 2000

Mr. Michael D. Foley
Executive Vice President
Goldberg Property Associates
1120 Lincoln Street, Suite 1101
Denver, Colorado 80203-2136

Re: Baptist Road Retail Center—Southeast of Baptist Road and Jackson Creek Parkway, El Paso County

Dear Mr. Foley:

The Coalition of Tri-Lakes Communities has asked me to investigate the Endangered Species Act issues arising from the proposed Baptist Road Retail Center and its potential impacts upon adjacent Preble’s Meadow Jumping Mouse habitat along Jackson Creek. As a concerned citizen and resident of the Fox Run residential neighborhood to the east of the proposed development, I also hold a personal interest and stake in your development and its impacts upon my community.

I have obtained and reviewed copies of a habitat assessment report prepared by DA TI MBI Environmental dated October 22, 1999, and a letter dated December 21, 1999, from Mr. LeRoy W. Carlson, Colorado Field Supervisor, United States Fish and Wildlife Service, in response to that report. Read together, these documents raise several threshold questions about project impacts. I would hope your organization is willing to voluntarily provide full and complete responses to the following questions.

Will any portion of the proposed development, including the proposed extension of Jackson Creek Parkway southward from Baptist Road that will be necessary to provide site access, be within 300 feet of the boundary of the 100-year flood plain of Jackson Creek?
Will outfalls from onsite detention facilities, or runoff from the site, have any potential impact upon Preble’s habitat downstream from the site?
What steps and actions will be taken to assure that no unlawful "take" of Preble’s results from the development of and construction activities on the site?
Will a section 10 "incidental take permit" be applied for and a habitat conservation plan be prepared in connection with the development?

I look forward to receiving your responses to these questions.

Sincerely,

Richard J. McDonald

Cc: John Heiser, Coalition of Tri-Lakes Communities
Peter Plage, United States Fish and Wildlife Service