Laserfiche WebLink
ISF Rule 8i.(3) – Injury With Mitigation July 12, 2008 Draft <br />(Changes to May 2008 Draft shown in bold) <br />8i. 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 in terference and does not involve a <br />modification, or acceptance of injury or interference with <br />mitigation, the Board is not requi red to review and ratify the <br />pretrial resolution. Staff may author ize its counsel to sign any court <br />documents necessary to finalize th is type of pretrial resolution <br />without Board ratification. <br />(2) No Injury/Modification . In the event the pretrial resolution <br />addresses injury or interferen ce 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 />a proposed <br />(3) Injury Accepted with Mitigation . In the event the <br />pretrial resolution will allow injury to or interference to with an ISF <br />right, but mitigation offered by the applicant would enable the <br />Board to accept the injury or interference while continuing to <br />preserve or improve the natural environment to a reasonable <br />proposed <br />degree, and if the pretrial resolution does not include a <br />under ISF Rule 9 <br />modification , the Board shall: <br />(a) Conduct a preliminary review of the proposed pretrial <br />resolution during any regular or special meeting to <br />determine whether the natu ral 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 />proposed <br />(c) No pretrial resolution considered pursuant to this <br />Rule 8i.(3) may receive preliminary review and final <br />at Board <br />ratification in the same meeting. <br />The Board shall not enter into any stipulation or agree <br />(d) <br />to any decretal terms and conditions under this Rule <br />that would result in the Di vision of Water Resources <br />being unable to properly administer the affected ISF <br />