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MOTION WAS MADE by Commissioner O'Bryan, <br />SECONDED by Commissioner Wheeler, to approve staff's <br />recommendation under Section #4 (2)(d)(6) Littoral Zone <br />and Water Management, with the addition of some wording <br />to relate just to emergent plants, which would allow the <br />requirement of the tree planting to still be part of the <br />restoration. <br />Commissioner O'Bryan clarified that he was not sure "emergent" was the proper <br />word, but his Motion was intended to make sure that the trees would still be planted. <br />Chief DeBlois stated that in the past staff had typically referred to the tree planting <br />area as an extended littoral zone. <br />Director Boling and Attorney Collins responded to Chairman Davis's questions <br />regarding how the Ordinance would apply if someone wanted to remove or replace a tree in the <br />future. <br />Commissioner O'Bryan recapped, for the Chairman, that his Motion pertained to <br />Section #4, Item (2)(d)(6) on page 35 of the proposed Ordinance, where staff has proposed to not <br />require littoral zone plantings for mining projects that propose agricultural use as part of the site <br />restoration plans, to change the wording to require the planting of the trees, but not the other <br />littoral zone plants. <br />The Chairman CALLED THE QUESTION, and by a 3-1 <br />vote (Vice Chairman Flescher opposed, Chairman Davis <br />recused himself), the Board approved staff's <br />8 <br />December 19, 2008 <br />Special Call Mining Regulations <br />