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