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<br />e <br /> <br />I <br />e <br /> <br />e <br /> <br />- 3 - <br /> <br />Staff's Analvsis of the Proposal <br /> <br />Staff and the Attorney General's Office have negotiated a proposed stipulation with Table Rock that <br />is attached hereto as Exhibit C. The Stipulation sets forth the flow-sharing agreement, addresses <br />stream gaging responsibilities, and provides for inspection and maintenance of the habitat <br />improvement structures. <br /> <br />Based upon Staffs review of water availability on Rock Creek, it appears that the times during <br />which the parties will actually need to share flows as provided in the agreement will be minimal and <br />will occur mostly in July and August. Further, Table Rock's improvement to the physical channel of <br />Rock Creek, increase in aquatic habitat, and provision of a fish refuge area during low flows (the <br />Oxbow) all appear to support the conclusion that the natural environment of Rock Creek can <br />continue to be preserved to a reasonable degree under the flow-sharing agreement with the <br />mitigation provided by Table Rock. <br /> <br />Staff Recommendation <br /> <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />may "conduct a preliminary review of the pretrial resolution during any regularly scheduled meeting <br />to determine whether the natural environment could be preserved to a reasonable degree with the <br />proposed injury or interference if applicant provided mitigation." At a subsequent meeting, the <br />Board may "take final action to ratify, refuse to ratifY or ratify with additional conditions." <br /> <br />Staffrecornmends that the Board: <br /> <br />I) Make the preliminary determination that the natural environment of Rock Creek could be <br />preserved to a reasonable degree with the proposed injury or interference if applicant provided <br />the proposed mitigation. <br />2) Provide comments to Staff on the proposed stipulation. <br /> <br />Attachments <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />