4/22/2004 April 15, 2004 Settlement Conference with Judge Denton
Summary on Mandatory Settlement Conference with Judge Denton
April 15, 2004
Bishop, CA

1.) Yellow-billed Cuckoo work plan and schedule:

Parties agree that each consultant (Laymon and Otis Bay) will work in their own area of expertise. Both consultants will be listed for each task. An amendment will be prepared for the Stipulation and Order showing the work plan and schedule. Plaintiffs will review schedules before amendment is filed.

2.) Hines spring (1600 AF Additional Mitigation):

Parties agree on the revised work plan.


The Supplement to the March 26, 2004 Status Report stated that due to lack of agreement between Inyo, LA and EPA in dealing with revisions to the LORP DEIR and responses to public comment the LORP FEIR will be 26-31 weeks later that the June 23, 2004 date called for in the Stipulation and Order schedule. Inyo County suggested “tiering” the FEIR. In Tier One address the pump and flows. In Tier Two address monitoring and adaptive management. EPA approval of tiering is necessary. All parties will contact EPA and ask for EPA’s approval of tiering. On April 29, 2004 the parties will hold a conference via telephone with Judge Denton and share the results of talks with EPA. If there has been EPA approval then the parties will meet two weeks later in Bishop with Judge Denton.

EPA has asked for a QAPP (Quality Assurance Plan Program) that all grantees must file to show compliance with grant requirements and thereby receive funding. EPA wants the QAPP to address monitoring. A consultant will prepare the QAPP.

The next Status Report is due April 23, 2004.

Contacts:  Mike Prather Phone: 760.876.5807