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<br />e <br /> <br />(1) ~No Iniurv. 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 mitigation, the <br />Board is not required to review and ratify the pretrial resolution. Staff may <br />authorize its counsel to sign any court documents necessary to finalize this <br />type of pretrial resolution without Board ratification. <br /> <br />(2) lr.-No Iniurv/Modification, In the event the pretrial resolution addresses <br />injury or interference through modification of the existing ISF decree, the <br />process set forth in Seetiol1 Rule 9 shall be followed prior to any Board <br />decision to ratify the pretrial resolution. <br /> <br />(3) l:.---Iniurv Accepted with Mitigation. In the event the pretrial resolution will <br />allow injury or interference to an ISF right, but mitigation offered by the <br />applicant would enable the Board to accept the injury or interference while <br />continuing to preserve the natural environment to a reasonable degree, and <br />if the pretrial resolution does not include a modification, the Board shall: <br /> <br />e <br /> <br />(a) <br /> <br />fB-Conduct a preliminary review of the proposed pretrial <br />resolution during any regularly or special oehedaled meeting to <br />determine whether the natural environment could be preserved to a <br />reasonable degree with the proposed injury or interference if <br />applicant provided mitigation; and, <br /> <br />(b) ~At a later regularly- or special sehetktled meeting, take final <br />action to ratify, refuse to ratify or ratify with additional conditions. <br /> <br />(c) ~No pretrial resolution considered pursuant to this Rule 8dii.(3) <br />may receive preliminary review and final ratification in the same <br />meeting. <br /> <br />(1) Hb-Authorization to Proceed to Trial. In the event that a Statement of Opposition <br />filed by the Board is not settled prior to the last regularly scheduled Board meeting <br />prior to the trial date, Staff shall seek Board authorization to proceed to trial, In the <br />event that Staff is authorized to proceed to trial, the Board may adjourn to executive <br />session to discuss settlement parameters with its counsel. Staff is authorized to settle <br />any litigation without Board ratification if the settlement terms are consistent with <br />instructions given by the Board to its counsel. <br /> <br />e <br /> <br />23 <br /> <br />--.J <br />