HomeMy WebLinkAboutConstructed Wetlands Project
Augusta Richmond GA
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YEAR: , g ~ L,
BOX NUMBER: I
FILE NUMBER: / I- 7 L/-L/
NUMBER OF PAGES:
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RESOLUTION
RESOLUTION AUTHORIZING GRANTING OF PROTECTIVE
COVENANT ON CERTAIN NATURAL WETLANDS AND
IMPLEMENTATION OF DEVELOPMENT PLAN DETAILED IN
SECTION 4.4 OF DOCUMENT TITLED EDUCATIONAL
OPPORTUNITIES PLAN IN CONNECTION WITH
CONSTRUCTED WETLANDS PROJECT.
WHEREAS,
Augusta-Richmond County has proposed to
construct a system of constructed wetlands to provide tertiary
wastewater treatment to the effluent from the James B. Messerly
Wastewater Treatment Plant, and that, in order to construct such a
system, 27.19 acres of natural wetlands that are jurisdictional
under the Federal Water Pollution Control Act will be filled; and
WHEREAS, filling on those wetlands requires a permit be
issued by the Army Corps of Engineers, and as a mitigation for the
destruction and filling on the said natural wetlands, a plan to
mitigate the loss must be proposed in accordance with the
regulations governing said actions; and
WHEREAS, the Augusta-Richmond County, as mitigation to
the destruction and filling of said 27.19 acres of jurisdictional
wetlands has submitted a mitigation plan, composed of the following
items:
1. Agreement to the issuance of a protective covenant,
copy attached, upon all remaining areas of jurisdictional natural
wetlands existing in the real estate site of the proposed
constructed wetlands system, which site is described as tract "A",
being a portion of the tract and parcel of land acquired by the
City of Augusta from the State of Georgia, by deed recorded on the
records of Superior Court of Richmond County, in Reel 146, pages
500 to 504. A copy of a plat depicting the metes and bounds of
tract "A" for this purpose is attached to said Protective Covenant
and is incorporated herein. Said real estate is a portion of the
parcel known as Tax Map parcel No. 136-11.
2. Implementation of the Development Plan detailed in
Section 4.4 of a document titled Educational Opportunities Plan for
a Constructed Wetlands EcoPark (EOP) dated March, 1996 by ZEL
Engineers, Inc. and EcoEnvironmental Corporation. Copy attached
hereto.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond
County Commission-Council as follows:
1. That Dr. Gene W. Eidson, Biologist I is appointed the
administrator defined by the Development Plan to establish a non-
profit corporation responsible for seeking funding to develop the
concept of an EcoPark and promote educational opportunities related
to the Ecopark.
2. That Augusta-Richmond County will provide $25,000.00
to Dr. Edison to form, organize, institute and operate the EcoPark
non-profit corporation as proposed in the Educational Opportunities
Plan.
3. That Augusta-Richmond County will build, as a part
of the constructed wetlands project,
constructed wetlands as shown on
Opportunities Plan.
4. That Augusta-Richmond County will improve by
December 31, 1997, the entrance road leading to the new bridge to
the normal standards for a paved public road in Richmond County.
5. That Augusta-Richmond County will repair the roof of
the big barn on said property to allow for conversion to an
educational center.
a new bridge access to the
age 9 of the Educational
6. That Augusta-Richmond County will lease for $1.00
per year the use of the existing buildings and lands as shown on
Exhibit 1 hereof to the non-profit corporation called to be
established under this resolution.
7. That Augusta-Richmond County will grant the use of
the constructed wetlands project for educational purposes to the
non-profit corporation called to be established under this
resolution charged with promoting and developing educational uses.
8. That Augusta-Richmond County grants the use for
education and research purposes of the natural wetlands placed
under the protective covenant referenced hereto, to the non-profit
corporation called to be established under this resolution charged
with promoting and developing educational uses as allowed by
paragraph 3 of said covenant.
Duly adopted by the Augusta-Richmond County Commission-
Council by a note of ~ in favor, n
against, and 0
abstaining, this 3
day of Julv
, 1996.
By:
Adj4;4~~
C e k
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission-Council, hereby certify
that this Resolution is a true and correct copy of the minutes
of the Regular Meeting of Augusta-Richmond County Commission-
Council held on July 3, 1996.
nner, Clerk of Commission-
RESTRICTIVE COVENANT
THIS RESTRICTIVE COVENANT (" Covenant ") is hereby made
this 3 day of July 1996, by Augusta-Richmond County.
Augusta-Richmond County is owner in fee simple of a certain tract
of real property in Richmond County, Georgia. This tract of land
is a portion of Tract A, a portion of property having been conveyed
on December 11, 1981 from State of Georgia State Properties
Division to the City of Augusta, Georgia and recorded in Richmond
County, Georgia, at Reel 146, pages 500 to 504 in the office of the
Clerk of Superior Court and is a part of property known as Tax Map
136, Parcel 11 in the Richmond County Property Tax identification
system and is by reference incorporated herein for a description
and all other,legal purposes.
PREMISES
WHEREAS, Augusta-Richmond County was issued a permit by
the United States Army Corps of Engineers, Savannah District,
Savannah, Georgia, pursuant to Section 404 of the Clean Water Act,
to seek authorization for certain dredge and fill activities; and
WHEREAS, said permit attached hereto; and
WHEREAS, in connection with the referenced permit and, as
determined to be necessary for the permit to be issued in
compliance with said laws and implementing regulations; and to
mitigate for the destruction of existing wetlands pursuant to the
permit issued, Augusta-Richmond County agrees to place restrictions
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upon a certain parcel of property, said real property being more
particularly described by:
Exhibits 1, 2 and 3: The 234 acres covered by this
covenant are shown in cross hatch in the attached Exhibit
1. The plat of the parcel tract "A" of which the wetland
acreage is a part is attached as Exhibit 2 which contains
the deed and the legal description of the tract and its
metes and bounds. A copy of the C.O.E. permit is
attached as Exhibit 3.
WHEREAS, said property is being restored, enhanced,
created or preserved as a wetland in order to compensate for the
destruction of existing wetlands pursuant to the permit issued;
NOW, THEREFORE, In consideration of the terms and
conditions of said permit, Augusta-Richmond County does hereby
covenant and agree to restrict the use of certain property as set
forth below in order that the wetlands shall remain substantially
in their natural condition forever, to protect the scenic,
conservation and other associates values:
1.
Augusta-Richmond County hereby covenants that the
property shall be held, transferred, conveyed, leased, occupied or
otherwise disposed of and used subject to the following restrictive
covenants which shall run with the land.
2 .
Except as necessary to carry out any wetland restoration,
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enhancement, creation or mitigation plan agreed upon the Regulatory
Branch, U. S. Army Corps of Engineers, the actions encompassed as
prohibited by this Covenant shall include but shall not be limited
to the following: clearing, cutting or mowing, earthmoving,
grading, cultivation, burning, or filling; placement of refuse,
wastes, sewage, other debris or any hazardous substances on the
property; draining, ditching, diking, dredging, channelizing,
pumping, impounding, excavating; diverting or affecting the natural
flow of surface or underground waters into, within, or out of the
property; flooding; mining; burning, systematically removing or
cutting or otherwise destroying any vegetation on the property;
spraYlng with biocides; introducing exotic species into the
property or otherwise altering the natural state of the property;
grazing of domesticated animals; or raising of any structure on the
property, whether temporary or permanent, except that minimal
structures for the observation of wildlife and wetlands ecology may
be constructed with the prior approval of the District Engineer.
Any amendments or modifications to the permit must be approved by
the Corps of Engineers, Savannah District, Regulatory Branch.
3.
Augusta-Richmond County, its successors and assigns,
shall retain all other customary rights of ownership, including but
not limited to the exclusive possession of the property, the right
to use the property in any manner which would not defeat or
diminish the purposes of this Covenant and Permit, and the right to
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transfer or assign interest in the property.
4.
It is expressly understood and agreed that this
restrictive covenant does not grant or convey to members of the
general public any rights of ownership, interest in, or use of, the
property. This restrictive covenant is created pursuant to the
terms and conditions of the permit attached hereto as Exhibit 3.
5.
The U. S. Army Corps of Engineers may enforce the
provisions of this Restrictive Covenant in an action at law or in
equity against any person(s) or other entity/entities violating or
attempting to violate this Restrictive Covenant i provided, however,
that no violation of this Covenant shall result in a forfeiture or
reversion of title. In an enforcement action, the U. S. Army Corps
of Engineers shall be entitled to a complete restoration for any
violation, as well as any other remedy available under law or
equity.
6.
The U. S. Army Corps of Engineers shall have the rights
of ingress and egress to inspect the property for compliance with
this restrictive covenant.
7.
This restrictive covenant shall be binding upon Augusta-
Richmond County, its successors and assigns, and the restriction
contained herein shall run with the property and shall be legally
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binding upon all subsequent owners, lessees, or other occupiers or
users.
IN WITNESS WHEREOF, Augusta-Richmond County, Georgia, has
duly executed this Restrictive covenant on the
3
day of
July
, 1996.
By:
ayor
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A lts C r
Signed, sealed and delivered in
the presence of:
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No'tary -I 'uhi ic :;State of
My-" Com ission Expires:
Notary Pu~lc, Colum.bla c.ounty, Georgia
Mfqommiss19n....Expires June 21,1998
Forwa:r:d recoJ.;-ded copy of
documents to~ U. S. Army Corps of Engineers
Chief, Regulatory Branch, Op-F
P. O. Box 889
Savannah, Georgia 31402-0889
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