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Plaintiffs do, however, wish to express concern about the lateness of the proposed filing date.
Counsel for the government understood that point and commented to the Court that there would need to be a separate record for the NHPA claim. Defendants offer the Court no excuse for this two month delay in beginning the task of assembling the needed record. Moreover, some of this additional delay is mere busy work. Ms. Bevan explained in a telephone message that defendants wanted to assemble a complete separate record, apparently meaning that defendants would add to the new documents any documents already in the record that related to the cover-up of the site. That process, she explained, would take some time because it meant somebody had to go through the existing record and identify or pull out those documents that belong with the new record.