Consider Proposal for Wetland Delineation and Mitigation

In January, 2011 The HRA approved the final settlement and wetland replacement agreements and further approved the design and monitoring agreements necessary to complete the wetland mitigation contemplated under the original permitting associated within The COR.

Throughout this process, the LRRWMO reminded staff of fact that the Technical Evaluation 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.

Accordingly, a permit will be required to mitigate for specific development proposals 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.

The currently approved development plan (5.03) contemplates impacts to these facilities to allow the West 30 to develop, and we currently have development interest in the area of the existing remaining wetlands. The development team feels it is beneficial to both the project and the potential development timeline to consider pursuing this mitigation effort at this time.

Attached is an exhibit showing the wetland areas included in the original permit. The WNW wetland complex existing today, and the subject of the proposed permitting, is highlighted by a dashed red line.  Also attached is a proposal from Tony Kaster from the Antea Group.  Tony has been involved in all of the original wetland permitting as well as the most recent work completed this year, and is best positioned to complete the proposed work in both a timely and economical manner.

If Approved, Tony would complete a simple determination of the extent of the current wetland and work over the winter months to establish a mitigation strategy. When actual delineation is possible in the spring this proposal includes the full delineation effort and permit facilitation to complete the proposed mitigation.

The development team recommends the HRA approve the proposal from Antea Group in the amount of $13,850 and direct the commencement of this effort as outlined in the proposal.

TIF 14 and/or future land proceeds from sale of land in W30 Retail Area.  This case provides for funding of delination and the mitigation plan.  Additional funding will be required for the purchase of wetland credits or for mitigation projects when that phase of the project moves forward. 

Approve the proposal from Antea Group in the amount of $13,850 and direct the commencement of the effort as outlined in the attached proposal.