BOARD00054

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Acceptance of Injury with Mitigation
• Board Meetings - Doc Type: Memo

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Summary

In accordance with section 9.43 of the Rules and Regulations, Telluride presented the
proposed "Instream Flow Mitigation" plan to the Board at the November meeting for the
preliminary review. Concerns about the mitigation plan were expressed to Telluride from
the staff and from interested parties. Telluride has addressed the concerns in the attached
document. Telluride requests that the Board, in accordance with section 9.43(b) of the
Rules and Regulations, ratify the "Instream Flow Mitigation" plan.

Recommendation

In Staffs' opinion Telluride has met the requirements outlined in Section 9.43 of the
Rules and Regulations concerning Iniurv Accented With Mitigation.

Staff recommends that the Board ratify the "Instream Flow Mitigation" plan and
authorize the ewCB Director and the Attorney Generals' office to enter into a stipulation
and decree incorporating the plan.

References

Attached are documents concerning the 'Injury With Mitigation' proposal which have
been received since the last Board meeting. For your convenience the documents have
been arranged in reverse chronological order.

A-
B-
C-
D-
E-
F-
G-
H-

Letter: DOW to CWCB; Comments and Recommendation
Letter: Telluride to ewCB; Response to Comments
Plan: Telluride Instream Flow Mitigation Plan
Letter: J. Felt (SMVC) to Telluride; Comments on Proposed Plan
Fax Memo: M. Silversher to ewCB; Comments on Proposed Plan
Letter: ewCB staff to J. Felt (SMVC); Soliciting Comments
Letter: ewCB staff to Telluride; Comments on Proposed Plan
Fax Memo: M. Silversher to ewCB; Comments on Proposed Plan

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