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HomeMy WebLinkAboutConstructed Wetlands Project Augusta Richmond GA DOCUMENT NAME: LO()Shuc-fz::.cl 1Jt.//tll'7d S 'iroje..cl DOCUMENT TYPE: (() J I . n12)O U-r/OY) YEAR: , g ~ L, BOX NUMBER: I FILE NUMBER: / I- 7 L/-L/ NUMBER OF PAGES: q 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 1 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, 2 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 3 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 4 .' , 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 :k1~ ~/ A lts C r Signed, sealed and delivered in the presence of: ~~ td !J;-LUppt; :iJ.. ' 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 5