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<br />-4- <br /> <br />operations injure the ISF water rights in the future, the parties may determine that EMJ needs to . <br />resume operating under the mitigation plan. ' '\:! <br /> <br />The DOW has reviewed this injury with mitigation proposal and concurs with Staffs <br />recommendation. Mark Uppendahl of the DOW will be available at the Board meeting to <br />comment on and answer questions about the biological aspects of the proposal. <br /> <br />Staff Recommendation <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />determined that the natural environment of Little Bear Creek and Soda Creek could be preserved <br />to a reasonable degree with the proposed injury or interference if EMJ provided the proposed <br />mitigation. At this second meeting, the Board may take final action to ratify, refuse to ratify or <br />ratify with additional conditions. <br /> <br />Staff recommends that the Board: <br /> <br />I) Determine that the natural environment of the subject reaches of Little Bear Creek and Soda <br />Creek could be preserved to a reasonable degree with the proposed injury or interference if <br />EMJ provides the proposed mitigation. <br />2) Authorize staff and the Attorney General's Office to enter into a stipulation with EMJ <br />implementing the injury with mitigation proposal as approved by the Board. <br /> <br />Attachments <br /> <br />. <br /> <br />. I <br />