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 Cov...
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