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Panel (TEP) was not supportive of allowing impacts to the existing WNW wetland without a plan in place showing that these impacts were necessary. The HRA requested the ability to fill the existing WNW wetland under this amended permit to allow for greater flexibility in development scenarios and clear the entire westerly area of the COR of potential future impacts. The TEP could not arbitrarily approve wetland impacts without proving that such impacts are unavoidable. They did agree, however, that this existing WNW wetland is of low quality and they would not be opposed to future impacts if a development scenario could demonstrate the required Wetland Conservation Act (WCA) rules were followed. This means that a permit will be required in the future if a specific development proposal comes forward that would impact the WNW wetland area. Any potential future impact that would require a permit could be mitigated by purchasing banking credits, minimizing proposed impacts under a development proposal, or incorporating mitigation into the west side vision of the COR. This item will need to be addressed at a later date when the western portion of the COR is more defined, a development proposal comes forward for this area, and impacts are shown to be unavoidable. If a new permit is required it would involve additional effort beyond the scope of services planned for resolving the existing outstanding permit we are currently discussing. Recommendation: Staff recommends acceptance of the settlement and wetland replacement agreements, and requests authorization to negotiate an amended contract with URS in an amount not to exceed $25,000 for design and monitoring services under the terms of the revised wetland mitigation permit that the HRA will be assuming. Funding Source: Funding for these proposed wetland actions are included in the future land sales budget for the COR. Council Action: Motion to approve the settlement and wetland replacement agreements, and authorization to negotiate an amended contract with URS in an amount not to exceed $25,000 for design and monitoring services under the terms of the revised wetland mitigation permit that the HRA will be assuming. Attachments Originally permitted mitigation areas Estimated summary of costs Draft replacement agreement Draft settlement agreement Form Review Inbox Reviewed By Date Brian Olson Brian Olson 01/06/2011 11:15 AM Heidi Nelson Heidi Nelson 01/06/2011 03:04 PM Kurt Ulrich Jo Thieling 01/06/2011 03:31 PM Form Started By: Tim Himmer Started On: 01/05/2011 12:53 PM Final Approval Date: 01/06/2011