Explanation
Background: This ordinance authorizes the Director of Recreation and Parks to sign as a holder of an Environmental Covenant on two tracts of property along the Rocky Fork corridor in the far northeast side of the city. The natural areas will be split from a larger parcel to be privately developed into multi-family units. The Covenant Areas possess substantial value in conserving and protecting the physical, biological and chemical integrity of Rocky Fork Creek.
The two Covenant Areas are approximately a 7.506 acre and a 6.667 acre tracts of real property, located at north of State Route 161, east of Hamilton Road and west of Rocky Fork Creek, in Franklin County, Ohio.
The city supports the development of the site, pending the permanent protection of the important natural heritage features under an environmental covenant with the Ohio Environmental Protection Agency.
The private owner has proposed to construct a certain project which will impact certain surface water features located on the Owner’s Property and the approvals for which the project requires that the Owner obtain a water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. § 1341 from the Ohio EPA and Nationwide Permit ("NWP") coverage from the Army Corps of Engineers.
In order to mitigate these impacts on the private development of the property, and as a condition of being issued the 401 water quality certification, Ohio EPA ID No. 144470 (the "401 Certification") and the NWP, the Army Corps and the Ohio EPA have required that the Owner obtain mitigation property and to protect two specific areas of this property in perpetuity with an environmental covenant.
Upon recording of the Environmental Covenants, the owner of the sites will subsequently donate these two tracts of land and additional acreage to the City of Columbus Recreation and Parks Department. The Department will be the perpetual holder of the Environmental Covenant restrictions.
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