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If an original permit contained additional requirements imposed by a previous appeal decision, would the manager be obligated to impose those additional requirements under the MSR?

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If an original permit contained additional requirements imposed by a previous appeal decision, would the manager be obligated to impose those additional requirements under the MSR?

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The manager is not obligated. The regulation sets the new standards and there may be requirements within the regulation that effectively compensate or mitigate the appeal decision imposed requirements. Nevertheless, the manager is empowered to impose additional conditions under the regulation which could be consistent with the former appeal decision, where there is good justification for doing so. The former appeal decision may provide some or all of the justification.

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