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requiring 8.10 acres of mitigation; portions of which have been implemented to date. Mr. Himmer summarized the staff report presented in the HRA agenda. Specific wetlands he talked about were the Charter School Wetland, the NW wetland and the WNW wetland. With the evolution of the COR, it is anticipated that this western portion of the site will be re-guided and utilized for a big box type of use, and include the establishment of a larger water feature/lake. He outlined some possible courses of action the HRA might consider to resolve the existing RTC wetland permit. A meeting was held with the Technical Evaluation Panel (TEP) of the LRRWMO on May 11, 2010, to discuss these options for bringing the existing permit into compliance. Staff communicated the evolution of the COR and the City's desire to remain flexible with development scenarios on the western portion of the site by retaining sufficient area to accommodate a large retailer, therefore, recommending one of the options to fill the WNW wetland. The TEP was accepting of the City's approach to follow through with the creation of the Charter School and NW wetland mitigation areas, and were supportive of revising the existing permit to allow for the creation of additional credits on site or purchased off-site to substitute for the proposed enhancement/expansion of the WNW wetland mitigation area. He explained what needed to be done to accomplish this. The TEP were not supportive of allowing impacts to the existing WNW wetland without a plan in place showing that these impacts are necessary, and they cannot arbitrarily approve wetland impacts without proving that such impacts are unavoidable. They did agree that the existing WNW wetland is of low quality and they would not be opposed to impacts if a development scenario could demonstrate the required WCA rules were followed. Commissioner Dehen arrived. Note: Commissioner Dehen asked Commissioner Jeffrey to continue presiding the meeting. Vice-Chair Jeffrey questioned if there is a benefit to waiting and not locking ourselves in. Mr. Himmer replied that if we move ahead with the whole plan, we can get the park completed. Otherwise, that permit hangs out there and explained that the whole finger of green in the exhibit is wetland. He stated it's how much wetland we want to leave out there. Commissioner Elvig asked about the benefit of swapping areas out. Mr. Himmer stated that we have talked about the "pumpkin patch" site and we have some banking credits. We can look at options but the question is do we do that now or later. Director of Public Works Olson stated that if we changed the configuration of the wetland in the WNW area, we would have to get a new permit. Mr. Himmer talked more about flexibility but that regardless we would have to go back for another permit. Darren Lazan, Landform, stated, speaking from a developer's standpoint, he would encourage the City to work through these issues sooner rather than later. He stated he has never seen requirements get easier. Housing and Redevelopment Authority /June 1, 2010 Page 2 of 6