Explanation
Background: The City of Columbus, Ohio, ("City") is owner and holder of certain real property located on the west side of Alton & Darby Creek Road and the north side of CSX Railroad tracks, Franklin County, Tax Parcel ID No. 241-000574 and 010-254305. The City is constructing a Southerly Wastewater Treatment Plant Headworks project on other real property also located in Franklin County, Ohio ("the Project"). The Project impacts certain surface water features located on the City's Property at the Southerly Wastewater Treatment Plant and the approvals for the project required that City obtain a water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. § 1344 from the Ohio EPA and Nationwide Permit ("NWP") coverage from the Army Corps of Engineers ("the Army Corps"). In order to mitigate such impacts on the City's Property at the Southerly Wastewater Treatment Plant and as a condition of being issued the 401 water quality certification, Ohio EPA ID No. 033753 (the "401 Certification") and the NWP, the Army Corps and the Ohio EPA have required that the City obtain mitigation property and protect this property in perpetuity with an environmental covenant. To meet the conditions in the 401 Certification, the City has constructed the mitigation Wetlands in accordance with the requirements contained in the 401 Certification and the mitigation plan on a specific area ("the Covenant Area") of the City's property. The Covenant Area possesses substantial value in conserving and protecting the physical, biological and chemical integrity of Hellbranch Run and is important in the protection of the existing or designated use of the waters of the state pursuant to § 303 of the Clean Water Act, 33 U.S.C. § 1313 and § 6111.041 of the Ohio Water Pollution Control Act. The City will fulfill its obligation to ensure that the Covenant Area and the Covenant Area's Conservation Values are protected in perpetuity by the Environmental Covenant. This legislation authorizes the Director of the Department of Public Utilities to execute an Environmental Covenant and any ancillary documents necessary to restrict the activity and land use of the subject real property, more fully described in the body of this legislation.
Fiscal Impact: N/A
Emergency Justification: N/A
Title
To authorize the Director of the Department of Public Utilities to execute an Environmental Covenant, by the City and the Ohio EPA, for the purpose of implementing activity and use limitations for the mitigation wetlands constructed by the City in accordance with the water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. § 1344 from the Ohio EPA and NWP coverage from the Army Corps for the Project area.
Body
WHEREAS, the City of Columbus, Ohio, ("City") is owner of certain real property located on the west side of Alton & Darby Creek Road and the north side of CSX Railroad tracks, Franklin County, Ohio; and
WHEREAS, the City has is constructing a Southerly Wastewater Treatment Plant Headworks project on other real property also located in Franklin County, Ohio ("the Project"), the Project impacts certain surface water features located on the City's Property at the Southerly Wastewater Treatment Plant and the approvals for the project required that City obtain a water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. § 1344 from the Ohio EPA and Nationwide Permit ("NWP") coverage from the Army Corps of Engineers ("the Army Corps"); and
WHEREAS, in order to mitigate such impacts on the City's Property at the Southerly Wastewater Treatment Plant and as a condition of being issued the 401 water quality certification, Ohio EPA ID No. 033753 (the "401 Certification") and the NWP, the Army Corps and the Ohio EPA have required that the City obtain mitigation property and to protect this property in perpetuity with an environmental covenant; and
WHEREAS, to meet the conditions in the 401 Certification, the City has constructed the mitigation requirements contained in the 401 Certification and the mitigation plan on a specific area ("the Covenant Area") of the City's property; and
WHEREAS, the Covenant Area possesses substantial value in conserving and protecting the physical, biological and chemical integrity of Hellbranch Run and is important in the protection of the existing or designated use of the waters of the state pursuant to § 303 of the Clean Water Act, 33 U.S.C. § 1313 and § 6111.041 of the Ohio Water Pollution Control Act; and
WHEREAS, the City proposes to fulfill its obligation to ensure the Covenant Area and the Covenant Area's Conservation Values are protected in perpetuity by this Environmental Covenant.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute an Environmental Covenant and any ancillary documents, by the City and the Ohio EPA, for the purpose of implementing activity and use limitations for the mitigation wetlands constructed by the City in accordance with the water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. § 1344 from the Ohio EPA and NWP coverage from the Army Corps for the Project area.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.