City of Columbus - File #: 1338-2009

• File #: 1338-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/7/2009
• In control: Utilities Committee
• On agenda: 11/9/2009
• Final action: 11/11/2009
• Title: To authorize the Director of Public Utilities to enter into an agreement with the Ohio Wetlands Foundation for a deposit against the purchase of wetland mitigation credits for the Division of Power and Water's Upground Reservoir project site; to authorize the transfer and expenditure of $60,000.00 within the Water Works Enlargement Voted Bonds Fund; and to amend the 2009 Capital Improvements Budget. ($60,000.00)

Date	Ver.	Action By	Action	Result
11/11/2009	1	ACTING MAYOR	Signed
11/11/2009	1	CITY CLERK	Attest
11/9/2009	1	Columbus City Council	Approved	Pass
11/9/2009	1	COUNCIL PRESIDENT PRO-TEM	Signed
11/2/2009	1	Columbus City Council	Read for the First Time
10/23/2009	1	Utilities Drafter	Sent to Clerk's Office for Council
10/22/2009	1	ODI DIRECTOR	Reviewed and Approved
10/22/2009	1	Utilities Drafter	Sent for Approval
10/22/2009	1	CITY ATTORNEY	Reviewed and Approved
10/20/2009	1	EBOCO Reviewer	Sent for Approval
10/19/2009	1	Finance Reviewer	Reviewed and Approved
10/19/2009	1	Finance Reviewer	Reviewed and Approved
10/19/2009	1	FINANCE DIRECTOR	Reviewed and Approved
10/19/2009	1	Utilities Drafter	Sent for Approval
10/19/2009	1	Auditor Reviewer	Reviewed and Approved
10/19/2009	1	CITY AUDITOR	Reviewed and Approved
10/19/2009	1	Utilities Drafter	Sent for Approval
10/16/2009	1	Utilities Reviewer	Sent for Approval
10/16/2009	1	UTILITIES DIRECTOR	Reviewed and Approved
10/16/2009	1	Utilities Drafter	Sent for Approval
10/13/2009	1	Utilities Reviewer	Reviewed and Disapproved
10/13/2009	1	Utilities Drafter	Sent for Approval
10/13/2009	1	Utilities Reviewer	Reviewed and Approved
10/13/2009	1	Utilities Drafter	Sent for Approval
10/8/2009	1	Utilities Drafter	Sent for Approval
10/7/2009	1	Utilities Drafter	Sent for Approval
10/7/2009	1	Utilities Reviewer	Reviewed and Approved
10/7/2009	1	Utilities Reviewer	Reviewed and Approved
10/7/2009	1	Utilities Drafter	Sent for Approval

Explanation


Background: The discharge of dredged or fill material into waters of the State of Ohio, including wetlands and streams, is regulated pursuant to Section 404 of the Clean Water Act. Entities planning to place dredged or fill material into these waters must comply with standards and conditions imposed by the Army Corps of Engineers and/or the Ohio Environmental Protection Agency including, in many cases, the mitigation of impacts to wetlands and streams.

The City is obligated to mitigate for impacts to at least 7.433 acres of wetlands for the Division of Power and Water's Upground Reservoir project site. The City and the Ohio Wetlands Foundation agree that they will comply with guidelines and procedures by which the City will fund, through payment to Ohio Wetlands, the restoration of wetlands at the Kuhlwein Road Site (northeast corner of the intersection of Darby Creek Drive and Kuhlwein Road in Prairie Township, Franklin County, Ohio) which will be permanently maintained and will serve to mitigate wetland impacts permitted under Sections 404 and 401 of the Clean Water Act and in accordance with ORC Chapter 6111.

The Ohio Wetlands Foundation will provide 11.3 acres of wetlands mitigation credit at the Kuhlwein Road site for the City in the amount of $460,000.00. The OEPA requires 11.3 acres of wetlands mitigation credits to offset the 7.433 acres of disturbed wetlands (150% of impacted acreage). Ohio Wetlands has indicated they will reserve the 11.3 acres of wetland mitigation credit upon receipt of a signed copy of an agreement and a deposit payment of $60,000.00. The remaining balance of $400,000.00 will be legislated once funds from the upcoming Bond Sale are made available. The balance of the payment will be due in full prior to June 30, 2010 or the commencement of construction, whichever event occurs first. In the event the City is unable to make the full payment by this schedule other partial payments and fees have been negoti...