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LRRWMO Meeting Minutes July 15, 1993 Page 14 will fill the pond up. They are proposing a twelve-inch emergency overflow pipe to the pond. Beduhn indicated he discussed this proposed project with Barr Engineering Vice President John Dickson who reportedly concurred with his findings: this is not the proper way to design a basin. Jankowski felt one of the main issues to be considered is whether this board will allow previously created ponds on another site to be used to mitigate wetlands. Such activity will, in essence, be a retroactive banking situation. Jankowski asked the board to keep in mind that under the rules a developer can fill in one location and compensate in another area within this WMO jurisdiction. The question is should we allow retroactive banking; and, if so, how far back should it be allowed. Beduhn queried whether the pond when it was constructed was intended for future mitigation loss. He suggested BWSR might have specific thoughts on such a situation. Beduhn indicated he would prefer to see information on basement or walkout structures. He stated he does not agree with the way the flood level was determined or the 100-year flood level. He contended that is not the correct flood elevation. Jankowski stated he has the basement elevations and knows the applicant also has that information available. He reiterated the larger issue is whether the applicant will be able to utilize the pond as mitigation. Upon discussion of the Wetland Conservation Act regulations, Beduhn indicated the Local Governmental Units (LGU's) can operate under the interim rules until December 31, 1993. Upon further discussion of the pond/mitigation issue, Jankowski stated the pond has been in existence for approxi- mately one year, but the hole has been dug for two years. Weaver felt this board should attempt to be reasonable in its approach to this pond/mitigation issue. The applicant has evidently previously provided a wetland to replace this one. He suggested we not place a road block in the way of this development: However, he did query the Ramsey represen- tatives's thoughts. Jankowski indicated he concurred with that position. However, he did expressed some concern about setting a precedent on long term retroactive banking.