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Tim Himmer From: Tony_Kaster@URSCorp.com Sent: Thursday, May 13, 2010 12:34 PM To: Tim Himmer; Brian Olson; Steve Jankowski Subject: RTC TEP meeting notes and comments Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Existing Wetland Permit The existing wetland permit allows for 4.05 acres of wetland impact. The as -built topographic data shows that the western wetland proposed to be impacted has been filled through grading on the site. The eastern wetland has not been graded, but may have been impacted through loss of hydrology due to changes in the surrounding land use. The needed mitigation (8.10 acres) will need to be completed prior to development of these impacted wetland areas. The Charter School Wetland and NW wetland have already been graded, but need to have native vegetation established. The WNW Wetland area was originally proposed to be a mitigation area, but purchase of banking credits could be used instead. This would not require a new permit application. The existing wetland performance bond could be used to complete the mitigation for the Existing Wetland Permit. Completion of the Existing Permit mitigation would be done under the old WCA rules that allow for the use of ponding for Public Value Credits (PVC). Given the amount of PVC on site through upland buffer and ponding, the shortfall of New Wetland Credits (NWC) by not creating mitigation at the WNW Wetland is 105,602 square feet. Those credits would need to be purchased as bank credits, or created elsewhere within the watershed. Doing this would bring the permit into compliance and allow for development of the areas where wetland impact was originally proposed. It would leave the WNW wetland area undisturbed. Once the on -site mitigation areas have been established with native vegetation, the 5-year monitoring period can begin. Three site visits a year, plus an annual monitoring report will need to be done. After five years the TEP will review and approve the mitigation areas. Existing Delineation The TEP thought that we should observe the existing wetland delineation, even though it is more than 3 years old. New Wetland Permit Impacts to the WNW wetland area would require a new permit application, and will fall under the new WCA rules The TEP agreed that the WNW wetland (which is also an existing former farmed wetland) is of low quality and that they would not be opposed to impacting it to create a "bog box" retail site. Because the wetland is of low quality, sequencing flexibility would apply. The wetland permit application process would still need to be followed, with alternatives and a sequencing analysis. The Pre -Existing Wetland Mitigation Area was created in the mid 1990's and is considered to be a low quality wetland mitigation area. The TEP also agreed that this could be replaced elsewhere, but issues regarding the Declaration of Restrictions and Covenants would need to be resolved with BWSR. The application would need to be accompanied by a specific site plan for a specific user (Target, movie theater, etc.) and a purchase agreement as evidence that the impacts are unavoidable. An alternative to this is to present an overall development plan for the site that shows how the big box will be tied into an overall retail development for the site. Based on the WCA rules, the TEP must determine that wetland impacts are unavoidable, therefore the need for the wetland impact must be clearly demonstrated. Impacts to the existing WNW wetland would be 3.33 acres. Impacts to the pre-existing mitigation wetland would be 1.18 acres. 1