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File #: 0344-2009    Version: 1
Type: Ordinance Status: Passed
File created: 3/2/2009 In control: Utilities Committee
On agenda: 4/6/2009 Final action: 4/7/2009
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.
Date Ver.Action ByActionResultAction DetailsMeeting Details
4/7/20091 MAYOR Signed  Action details Meeting details
4/7/20091 CITY CLERK Attest  Action details Meeting details
4/6/20091 Columbus City Council ApprovedPass Action details Meeting details
4/6/20091 COUNCIL PRESIDENT Signed  Action details Meeting details
4/2/20091 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
4/1/20091 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
3/30/20091 Columbus City Council Read for the First Time  Action details Meeting details
3/10/20091 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
3/9/20091 Utilities Reviewer Sent for Approval  Action details Meeting details
3/9/20091 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
3/9/20091 Utilities Drafter Sent for Approval  Action details Meeting details
3/9/20091 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
3/6/20091 Utilities Drafter Sent for Approval  Action details Meeting details
3/6/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
3/4/20091 Utilities Reviewer Reviewed and Approved  Action details Meeting details
3/2/20091 Utilities Drafter Sent for Approval  Action details Meeting details
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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