LIMITED ENVIRONMENTAL REVIEW

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3 DIVISION OF ENVIRONMENTAL AND FINANCIAL ASSISTANCE OFFICE OF FINANCIAL ASSISTANCE WATER RESOURCE RESTORATION SPONSOR PROGRAM LIMITED ENVIRONMENTAL REVIEW A. PROJECT IDENTIFICATION Project Name: Nimisila Creek Preserve Phase 2 Project Implementer: WRRSP No.: Project Sponsor: WPCLF No.: Mr. Bob Fonte, Executive Director Stark County Park District 5300 Tyner Street NW Canton, Ohio WR The Honorable Dan Horrigan, Mayor City of Akron 166 South High Street Akron, Ohio CS B. PROJECT SUMMARY The Stark County Park District (Stark Parks) seeks to purchase 184 acres of land located in southern Summit County and northern Stark County, using Water Resource Restoration Sponsor Program (WRRSP) funds. The property supports 95 acres of high-quality Category 3 fen wetlands and 7,394 linear feet of streams including 3,095 linear feet of Nimisila Creek, 3,049 linear feet of the historic Ohio & Erie Canal and 1,250 linear feet of an unnamed tributary to the Tuscarawas River. The property also contains 57 acres of upland forest buffers, and 32 acres of land in agricultural row crop that will be decommissioned and allowed to revert to a natural state through guided succession. Several species listed as threatened in Ohio have been identified on the property. The 184-acre property will be referred to as Nimisila Creek Preserve Phase 2 (Project) and is directly adjacent to the 162-acre Nimisila Creek Preserve Phase 1 that was acquired through the WRRSP in 2012 and is managed by MetroParks Serving Summit County. The property will be encumbered by an environmental covenant that will protect the property in perpetuity and be managed for passive use. Total project cost is $2,301,500. Stark Parks has applied for $1,675,500 in funding from the WRRSP. The Conservation Fund, a conservation organization headquartered in Arlington, Virginia will contribute the remaining funds. The City of Akron has voluntarily agreed to sponsor the Project through the WRRSP. Funds to acquire the Project will be made available by advancing a portion of the interest to be paid on Akron s $6,855,000 Uhler Conveyance (Rack 27 and 29) project that will be financed through a Water Pollution Control Loan Fund (WPCLF) loan at an interest rate of 2.37 over a 45-year term. By voluntarily agreeing to sponsor the Project, Akron s WPCLF interest rate will be reduced by 0.1 percent to Akron will realize a total saving of $3,856,219 compared to standard market rate loan by participating in both the WPCLF and WRRSP. Limited Environmental Review Page 1 of 6

4 C. PROJECT BACKGROUND AND DESCRIPTION The purpose of the Project is to preserve 184 acres of land located in Stark and Summit counties that supports high quality stream and wetlands. The Project is composed of three separate parcels that are also known locally as the Donzelli Property because they are currently owned by the Donzelli family. The properties are located in New Franklin township in Summit County and Lawrence township in Stark County and are split by Brenner Road. See Figures 1 and 2 for project area. The Project will result in the purchase and permanent protection of 95 acres of high-quality Category 3 fen wetlands, 7,394 linear feet of streams including 3,095 linear feet of the Nimisila Creek mainstem, 3,049 linear feet of a feeder canal to the historic Ohio & Erie Canal and 1,250 linear feet of an unnamed tributary to the Tuscarawas River. Over half of the 184-acre property is composed of high-quality fen wetlands. Wetland 1 is a 47-acre floodplain wetland adjacent to Nimisila Creek that supports fen plant species. Wetland 1 scored 96 out of a possible 100 points on the Ohio Rapid Assessment Method (ORAM) based on the size of the wetland, various hydrology sources, habitat and plant community diversity, and quality. Wetland 2 is a 48-acre shrub fen wetland that scored 92 on the ORAM. Nimisila Creek supports an aquatic life use designation of warmwater habitat (WWH) within the project area based on the communities of fish and aquatic insects that live within the stream. The 184-acre property also supports 89 acres of upland forested buffers and 32 acres of land currently in agricultural row crop that will be decommissioned and reforested. Two plant species listed as threatened in Ohio have been identified on the site: the slender spike rush (Eleocharis tenuis var. tenuis) and the keeled bur-reed (Sparganium androcladum). Several invasive plant species are beginning to encroach into the wetlands in the project area including reed canary grass (Phalaris arundinacea), multi-flora rose (Rosa multiflora), giant reed grass (Phragmites australis) and garlic mustard (Alliara petiolate). Autumn olive (Eleagnus umbulleta) and burning bush (Euonymus alatus) have been observed in non-wetland areas. Stark Parks will implement an aggressive monitoring and eradication program to prevent invasive species from becoming established within the project area. Additionally, two dilapidated structures will be torn down due to safety issues. The 184-acre site is located immediately adjacent to the 162-acre Nimisila Creek Preserve Phase 1 property owned and managed by MetroParks Serving Summit County. Phase 1 was acquired in 2012 using WRRSP funds. Wetlands 1 and 2 are large complexes with acreage located on both Phases 1 and 2. The 95 acres of wetland to be preserved on Phase 2 will add to the 115 acres of wetland already preserved on Phase 1. Nimisila Creek flows generally east to west across both Phases 1 and 2. The 3,095 linear feet of Nimisila Creek located on Phase 1 will add to the 2,370 linear feet on Phase 1 combining to protect 5,465 linear feet of stream corridor. Environmental Covenant The Project area will be protected in perpetuity through an environmental covenant entered between Stark Parks and Ohio EPA. The environmental covenant establishes specific use restrictions intended to maintain the conservation values of the Project. The protection and preservation of the water resources, as specified in the environmental covenant, will take precedence over any other competing objectives in the management of the property. Restrictions in the environmental covenant specifically limit ground disturbing activities such as construction of roads, structures, resource extraction and alterations of stream or wetlands, or establishment of new rights-of-way without prior authorization of Ohio EPA. The environmental covenant will Limited Environmental Review Page 2 of 6

5 be recorded in the county recorder s office with the deed. Upon acquisition, Stark Parks will own and monitor the property to ensure that the terms of the environmental covenant are upheld. Property Management and Maintenance In addition to the environmental covenant, Stark Parks will manage the property in accordance with the Ohio EPA-approved Nimisila Creek Preserve Phase 2 WRRSP Property Management Plan (Management Plan). The Management Plan establishes procedures for the day-to-day management of the Project area, including the monitoring and control of invasive species and nuisance populations deer and other wildlife that could be detrimental to the conservation values of the property. The Management Plan also discusses conditions under which passive use features may be established, such as limited parking and trails. Any potential future trails or improvements must be designed to avoid impacts to ecological resources on the property and be approved by Ohio EPA prior to construction. Use of motorized or other recreational vehicles is strictly prohibited except in the event of a human health or safety emergency. D. ESTIMATED PROJECT COSTS The total cost of implementing the Project is estimated at $2,301,500. The WRRSP will contribute $1,675,500 towards the fee simple acquisition of the project property, project planning, legal fees, boundary markers, and signage, reforestation of agricultural fields and removal of two dilapidated structures. The Conservation Fund will provide the remaining funds. The Conservation Fund engages in conservation finance and community economic development and has helped protect more than 7 million acres of land in all 50 states, including parks, historic battlefield and wild areas. WRRSP funds will be made available by advancing $1,675,500 of the total interest to be repaid by Akron over the life of its 45-year WPCLF loan to finance the Uhler Conveyance project. Akron will finance $6,855,000 to construct wastewater infrastructure to reduce combined sewer overflows (CSOs) that occur during wetweather flows. The Uhler Conveyance project was specifically identified in a federal judicial consent order requiring a comprehensive solution to Akron s CSO discharges. By financing the Uhler Conveyance project, Akon qualified for a below-market interest rate of 2.37%. By voluntarily sponsoring this project, Akron will receive an additional 0.01% discount that will reduce its WPCLF interest rate from 2.37% to 2.27%, resulting in a total savings of approximately $3,856,219 over the course of the 45-year loan. E. PROJECT SCHEDULE Akron s WPCLF Uhler Conveyance loan is currently scheduled to be awarded during December Stark Parks will acquire the Nimisila Preserve parcels shortly after the loan is awarded and funds are made available in early Removal of the structures will occur during the Spring of The revegetation of the 32- acre agricultural field will also occur during Spring F. PUBLIC NOTIFICATION As a public entity, Stark Parks is required to formally discuss its activities in forums open to the public. Stark Parks discussed and formally approved Resolution to acquire the property at a board meeting conducted September 5, Additionally, in order to satisfy public notification requirements of its State Environmental Review Process, Ohio EPA s Division of Environmental and Financial Assistance (DEFA) has posted this Limited Environmental Review (LER) and Finding of No Significant Impact to its web page located at Ohio EPA is unaware of any public opposition to this project. Limited Environmental Review Page 3 of 6

6 G. PLANNING INFORMATION The facilities planning information for the proposed projects was reviewed in terms of potential direct, indirect and cumulative short- and long-term environmental impacts, with input from the following agencies: State Historic Preservation Office Ohio Environmental Protection Agency Ohio Department of Natural Resources US Fish and Wildlife Service No opposition to the project was received from any of these entities. H. CONCLUSION Ohio EPA conducts environmental reviews of all projects prior to awarding WPCLF financing. The proposed project meets the project type criteria for an LER; namely, it is a water quality protection project consisting of non-structural practices. Furthermore, the project meets the other qualifying criteria for an LER; specifically, the proposed project: has no significant adverse environmental effect, as the planning activities for the project identified no potential adverse impacts on the quality of the human environment or on sensitive resources such as floodplains, wetlands, state or federally-designated wild, scenic or recreational rivers, riparian areas, prime or unique agricultural lands, aquifer recharge zones, archaeological or historically significant sites, or threatened or endangered species. In fact, the proposed project will have beneficial environmental impacts to several of the above-listed features by encumbering the project site with a restrictive environmental covenant. does not require extensive specific impact mitigation, as the proposed project involves a fee simple land purchase for the protection of high-quality aquatic resources, not a land-disturbing activity. Restoration activities are not being funded as part of this project, however Stark Parks will allow fallow agricultural fields to revert to forest through guided succession. has no adverse effect on high value environmental resources, as it will permanently protect 95 acres of Category 3 fen wetlands and 7,394 linear feet of streams. represents a long-term solution to an identified water quality threat (development and urbanization), the cost of which is reasonable considering monetary and non-monetary factors. The acquired properties will be permanently protected and maintained by Stark Parks. Preserving high quality environmental areas is less expensive than, and preferable to, trying to restore them. It is not a controversial action, as it will be a voluntary action on the part of the existing landowners and no significant public opposition has been expressed. It does not create a new, or relocate an existing, discharge to surface or ground waters since the proposed project does not involve a point source discharge. It will not result in substantial increases in the volume of discharge or loading of pollutants from an existing source or from new facilities to receiving waters since the proposed project does not involve a point source discharge. Limited Environmental Review Page 4 of 6

7 It will not provide capacity to serve a population substantially greater than the existing population since the proposed project is not a publicly-owned wastewater treatment works, designed to serve a designated area. Instead, it is a land purchase/protection project for a high-quality aquatic resource. The planning activities for the project have identified no potentially significant short- or long-term adverse impacts on the quality of the human environment or on sensitive resources. The project will benefit water quality by permanently protecting significant aquatic resources. For further information, please contact: Tom Harcarik, Environmental Specialist Ohio EPA, Division of Environmental & Financial Assistance P.O. Box 1049 Columbus, Ohio (614) address: tom.harcarik@epa.ohio.gov Figure 1. Project Location Source: Nimisila Creek Preserve Phase 2 WRRSP Property Management Plan Limited Environmental Review Page 5 of 6

8 Figure 2. Aquatic Resources on the Project Site Source: Nimisila Creek Preserve Phase 2 WRRSP Property Management Plan Limited Environmental Review Page 6 of 6