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<br />~ 8g. Notification of Staff Action. At a Board meeting following a Staff detennination to <br /> apply the De Minimis rule, the Staff shall notifY the Board about the factual basis <br /> leading to its application of the De Minimis rule. <br /> 8h. Exclusion from De Minimis Rule. The Board may at any time exclude any stream <br /> reach or lake, or any portion thereof, from appli,)ation of the De Minimis rule. <br /> 8i. Pretrial Resolution. Staff may negotiate a JPretrial resolution of any injury or <br /> interference issue that is the subject of a Statement of Opposition. The Board shall <br /> review the pretrial resolution pursuant to the following procedures: <br /> (1) No Iniurv. In the event the pretrial resolution includes terms and conditions <br /> preventing injury or interference and (loes not involve a modification, or <br /> acceptance of injUry or interference with mitigation, the Board is not required <br /> to review and ratifY the pretrial resolution. Staff may authorize its counsel to <br /> sign any court documents necessary to finalize this type of pretrial resolution <br /> without Board ratification. <br /> (2) No Iniurv/Modification. In the event the pretrial resolution addresses injury <br /> or interference through modification of the existing ISF decree, the process <br /> set forth in Rule 9 shall be followed prior to any Board decision to ratifY the <br /> pretrial resolution. <br /> (3) 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 or improve the natural envirollll1ent to a reasonable <br /> degree, and if the pretrial resolution does not include a modification, the <br /> Board shall: <br /> (a) Conduct a preliminary review of the proposed pretrial resolution <br /> during any regular or special meeting to determine whether the natural <br /> environment could be preserved or improved to a reasonable degree <br /> with the proposed injury or interference if applicant provided <br /> mitigation; and, <br /> (b) At a later regnlar or special meeting, take final action to ratifY, refuse <br /> to ratifY or ratifY with additional conditions. <br /> I <br /> (c) No pretrial resolution considered pursuant to this Rule 81.(3) may I <br /> I <br /> receive preliminary review and final ratification in the same meeting. <br /> 8j. Authorization to Proceed to Trial. In the event that a Statement of Opposition filed <br /> by the Board is not settled prior to the last regularly scheduled Board meeting prior to <br /> the trial date, Staff shall seek Board authorization to proceed to trial. In the event that <br /> Staff is authorized to proceed to trial, the Board may adjoum to executive session to <br />. 20 <br /> <br />I" <br />