2009/09/16 Council Agenda Packet

Licensee to implement the plan in lieu of the applicable proposed license article. For eiraitiple,with`respebfto the Marsh Creek Slide Plan,the'Licensee shall request that such plan replace[A-LA 2]. Upon Commission issuance of a Project License,the Licensee shall implement the plan. Any License Article that requires the Licensee to implement a plan developed prior to issuance of the Project License shall not be considered a Material Modification to the Settlement Agreement so long as the ARC achieved consensus on such plan. 2.5. In the event that the ARC cannot achieve consensus on a plan prior to issuance of the License,the Licensee shall file the plan within ninety(90)days after the issuance of the License,unless the License Article obligation is stayed or extended consistent with Settlement Agreement Section 4.7. The Licensee shall allow a minimum of thirty(30) days for the members of the ARC to comment and make recommendations before submitting a plan to the Commission. When filing a plan with the Commission,the Licensee shall include documentation of consultation;copies of comments and recommendations;and specific descriptions of how comments and recommendations from the ARC are accommodated by the Licensee's plan. If the•Licensee does not adopt a recommendation of an ARC member,the filing shall include the Licensee's reasons based upon Project-specific information. 3. Marsh Creek Slide 3.1. Within one year of the Effective Date of the Settlement Agreement,the Licensee shall (1)establish a permanent survey control point or benchmark at the Marsh Creek Slide and(2)conduct a detailed baseline physical survey at low flow. 3.2. The License shall consult with the ARC in undertaking the measures described in Section 3.1. • 81