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ISF Rule 8i.(3) - Injury- ~'~'ith ~Titigation September 8, 2008 Draft <br />(Changes to Ju1~- 2008 Draft shop; n in bold) <br />~- a retrial resolution of any in'ur~~ <br />8i. Pretnal Resolution. Staff ma, negotiate p ~ ~ <br />or interference issue that is the subject of a Statement of Opposition. The <br />Board shall revie"- the pretrial resolution pursuant to the folio«.-ing <br />procedures: <br />(1) \To Injure. 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 "-ith <br />mitigation, the Board is not required to revie«- 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 />«-ithout Board ratification. <br />(2) I~~o 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 />folio«~ed prior to any Board decision to ratify the pretrial <br />resolution. <br />(3) Injury Accepted ~~-ith Mitigation. In the event ~a ;mac-~:~c~~ctl <br />pretrial resolution will allow injury t~~ or interference ~~~-ith an ISF <br />right, but mitigation offered by the applicant «-ould enable the <br />Board to accept the injury or interference «-hile continuing to <br />presern-e or improve the natural ens°ironment to a reasonable i <br />degree. and if the 1'r~'}?~?~~~~ pretrial resolution does not include a <br />modification tinder 1SF- Rule '~, the Board shall: <br />(a) Conduct a preliminary review of the proposed pretrial <br />resolution during any regular or special meeting to <br />determine «-hether the natural environment could be <br />preserved or improved to a reasonable degree «-ith the <br />proposed injury or interference if applicant provided <br />mitigation: and <br />('~} At a later regular or special meeting, take fmal action to <br />ratify, refuse to ratify or ratify «:-ith additional conditions. <br />(c) 1`o nr~~ {_~tizd pretrial resolution considered pursuant to this <br />Rule 8i.(3) may receive preliminar5:~ review and final <br />ratification mat the same B~~arEl meeting. <br />(d-i Thz Bt~ard shay: n~~t tntcr int~~ ari~° stilnilati~n ~~r agree t~~ <br />any ciecr~tai terms and cc~nditi~~ns tender this Rule that <br />.-ti-t~uld result in the I)iti-isii~~ i-f~ t~ atei° Re5~7urces l?ein« <br />unal~ie t~~ p~-t~perl~° adn~it,i~ter the «Iltcted 1SF ~i-atLr <br />• <br />