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ISF Rule 8i.(3) -Injury With Mitigation May 20, 2008 ISF Rules Workshop <br />8a. <br />Pretrial Resolution. Staff may negotiate a pretrial resolution of any injury <br />or interference issue that is the subject of a Statement of Opposition. The <br />Board shall review the pretrial resolution pursuant to the following <br />procedures: <br />(1) No Injury. In the event the pretrial resolution includes terms and <br />conditions preventing injury or interference and does not involve a <br />modification, or acceptance of injury or interference with <br />mitigation, the Board is not required to review and ratify the <br />pretrial resolution. Staff may authorize its counsel to sign any court <br />documents necessary to finalize this type of pretrial resolution <br />without Board ratification. <br />(2) No Injury/Modification. In the event the pretrial resolution <br />addresses injury or interference through modification of the <br />existing ISF decree, the process set forth in Rule 9 shall be <br />followed prior to any Board decision to ratify the pretrial <br />resolution. <br />(3) Injury Accepted with Miti a,~ tion. In the event the pretrial <br />resolution will allow injury to or interference ~ewith an ISF right, <br />but mitigation offered by the applicant would enable the Board to <br />accept the injury or interference while continuing to preserve or <br />improve the natural environment to a reasonable degree, and if the <br />pretrial resolution does not include a modification, the Board shall: <br />(a) Conduct a preliminary review of the proposed pretrial <br />resolution during any regular ar special meeting to <br />determine whether the natural environment could be <br />preserved or improved to a reasonable degree with the <br />proposed injury or interference if applicant provided <br />mitigation; and, <br />(b) At a later regular or special meeting, take final action to <br />ratify, refuse to ratify or ratify with additional conditions. <br />(c) No pretrial resolution considered pursuant to this Rule <br />8i.(3) may receive preliminary review and final ratification <br />in the same meeting. <br />(d) To initiate CWCB staff review of an injury with miti a,~ tion <br />proposal, the proponent must provide the following <br />information in writing: <br />i Location of in~ur~(stream(s) affected, len t,~ h of <br />affected reach(es), <br />Attachment 2 <br />