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 agreed that they will comply with guidelines and procedures by which the City will pay the Ohio Wetlands Foundation, a total amount of $460,000.00, for 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.
Ordinance No. 1338-2009, passed November 9, 2009, contract number EL009847, authorized a deposit payment of $60,000.00 to reserve these acres and the balance of $400,000.00 is due 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 negotiated to continue reserving the mitigation credits thru June 30, 2011, however the City will incur a penalty of $30,000 to continue to reserve the mitigation credits.
Emergency designation: It is requested that this Ordinance be handled in an emergency manner as $400,000.00 is due to the Ohio Wetlands Foundation by June 30, 2010, or a penalty of $30,000.00 will be incurred by the City to continue to reserve the...
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