The Charter School Wetland and the NW Wetland have been graded to establish wetland hydrology, but still require vegetation management and monitoring before they can be accepted as mitigation.  The WNW wetland, which was created as a mitigation area during the construction of Bunker Lake Boulevard (orange hatched area), was proposed to be expanded and enhanced under the original permit and was to remain on the site as part of the greenway corridor through the development.  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.

 

Based upon HRA direction in February of 2010 staff was to negotiate a revised permit with the LRRWMO to include implemention of a vegetative establishment and monitoring plan for the Charter School and NW Wetlands, and the purchase 105,602 S.F. of off-site wetland banking credits in lieu of creating the WNW mitigation area anhancements (thereby opening up additional developable land in the NW corner of the COR).

On June 1, 2010 the HRA directed staff to finalize the process of revising the mitigation permit with the LRRWMO, and concurrently investigate the option of calling on the bond from the previous development team that secured the original permit.  The revised permit was accepted by the LRRWMO in September and correspondence was exchanged with the bonding company beginning in October.  Staff met with representativeas of the bonding company in December and negotiated a settlement agreement of $59,000 to perform the on-site mitigation work from the original permit; the NW and Classroom wetlands.  The City will be required to purchase the off-site banking credits, which was completed prior to the end of the 2010 calendar year (in the amount of $50,609.76).  Attached is a summary of the estimated costs to complete the revised permit requirements that the HRA will be assuming.

If the HRA agrees with this approach the attached agreement will be presented at the January 20, 2011 LRRWMO board meeting for final approval.  Once approved staff can begin the design and construction process for the existing on-site mitigations areas that are already substantially completed.  Following construction activities the required five year monitoring period would begin; including annual reports, final accounting, restrictive covenants, and as-built plans showing conformanace to the approved permit.  Staff would like the ability to negotiate an amendment to the existing contract with URS in an amount not to exceed $25,000 for the preparation of plans and specifications, bidding assistance, and all required monitoring to complete this project.  Once the plans are finalized they will be brought back to the HRA for approval and authorization to solicit quotes for the implementation.

 

One item of note from the LRRWMO negotiations on the amended permit is the 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.  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.

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.