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Observations: <br />This item was discussed by the HRA on February 9, 2010, and the attached table outlined seven possible <br />courses of action the HRA might consider to resolve the existing RTC wetland permit. The three least <br />costly options (A — C) anticipate following the RTC's current permit proposal, which includes the <br />WNW wetland in some form. The remaining four alternatives (D — G) proposed filling the WNW <br />wetland and incorporating this area into developable land. A meeting was held with the Technical <br />Evaluation Panel (TEP) of the LRRWMO on May 11, 2010 to discuss these options for bringing the <br />existing permit into compliance. We also communicated the evolution of the COR and our desire to <br />remain flexible with development scenarios on the western portion of the site by retaining sufficient area <br />to accommodate a large retailer, therefore recommending one of the options to fill the WNW wetland. <br />The TEP was accepting of our approach to follow through with the creation of the Charter School and <br />NW wetland mitigation areas, and were supportive of revising the existing permit to allow for the <br />creation of additional credits on site or purchased off -site to substitute for the proposed <br />enhancement/expansion of the WNW wetland mitigation area. This work can be accomplished by <br />undertaking the design and implementation for the substantially completed mitigations areas, and <br />providing for the required five year monitoring requirements. Staff could prepare a scope of services <br />and request quotes for this work from contractors that specialize in performing wetland mitigation. <br />Doing this now would assist in completing the East Meandering Commons Park project as the Charter <br />School wetland mitigation area is located at the east end of the park and could be coordinated into the <br />existing project. The design, implementation, and monitoring of the mitigation areas to comply with the <br />existing permit is estimated at $25,000, and the required deficient banking credits are estimated at <br />$55,000. <br />The TEP were not supportive of allowing impacts to the existing WNW wetland without a plan in place <br />showing that these impacts are necessary, and they cannot arbitrarily approve wetland impacts without <br />proving that such impacts are unavoidable. They did agree, however, that this existing WNW wetland is <br />of low quality and they would not be opposed to impacts if a development scenario could demonstrate <br />the required WCA rules were followed. This means that a permit will be required in the future when a <br />specific development proposal comes forward that would potentially impact the remaining wetlands on <br />the site (WNW area). Any future impact that would require a permit could be mitigated by purchasing <br />banking credits, minimizing proposed impacts under a development proposal, or incorporating <br />mitigation into the west side vision of the COR. <br />Funding: <br />Funding for these proposed wetland actions are included in the future land sales budget for the COR. <br />Recommendation: <br />Staff recommends proceeding with the mitigation requirements of the existing permit by contracting for <br />the vegetative establishment and monitoring of the Charter School and NW wetland areas, and <br />purchasing the required deficient banking credits at an estimated cost of $80,000. Attached are photos <br />