Vrooman Road

Ohio EPA ID No. 134088

Section 401 Water Quality Certification Page 1 of 10

Certified Mail

[DATE]

J.J.J. Properties, LLC

Mr. Carmen Carbone

5585 Canal Road

Valley View, OH 44128

Re:Lake County / Leroy Township

Grant of Section 401 Water Quality Certification; Minimal Degradation Alternative

Vrooman Road

ACOE Public Notice No. 2009-01681

Ohio EPA ID No. 134088

Dear Stakeholders:

I hereby authorize the above referenced project under one or both of the following authoritiesand it is subject to the following modifications and/or conditions:

Section 401 Water Quality Certification

Pursuant to Section 401 of the Federal Water Pollution Control Act, Public Law 95-217, I hereby certify that the above-referenced project will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act.

Ohio Isolated Wetland Permit

Pursuant to Ohio Revised Code Chapter 6111 and Ohio Administrative Code Chapter 3745-1, and other applicable provisions of state law, I hereby conclude that the above-referenced project will comply with the applicable provisions of Sections 6111.03 and 6111.04 of the Ohio Revised Code.

This authorization is specifically limited to a Section 401 Water Quality Certification and/or Ohio Isolated Wetlands Permit (here after referred to as “permit”) with respect to water pollution and does not relieve the applicant of further Certifications or Permits as may be necessary under the law. I have determined that a lowering of water quality in the Grand River (HUC 04110004) as authorized by this permit is necessary. I have made this determination based upon the consideration of all public comments, and including the technical, social, and economic considerations concerning this application and its impact on waters of the state.

PART ION-SITE WATER RESOURCES AND IMPACTS

  1. Watershed Setting

The watershed in which this project is located, Red Creek-Grand River (HUC 04110004-06-07), has an area of 26.3square miles of which 61.3 percent is developed, 24.4 percent is forest, 7.7 percent is grass/pasture, 4.4 percent is row crop agriculture, and 2.1 percent is other.

Ohio EPA Aquatic “Use Designations” located in the Red Creek watershed, as found in OAC rule 3745-1-10, include Warmwater Habitat (WWH) and Seasonal Salmonid Habitat.

Per the Ohio EPA 2012 Integrated Report, the causes of impairment are as follows:

  • Other flow regime alterations; and
  • Unknown toxicity.

The sources of impairment are as follows:

  • Urban runoff/storm sewers.
  1. Project Description

This project is for the construction of a commercial and industrial development on approximately 33 acres.

  1. Impacts

Under the minimal degradation alternative, impacts to waters of the state are as follows:

  1. Streams

[PROVIDE A BRIEF DESCRIPTION OF THE STREAM IMPACTS AND THE REASON(S) FOR THE IMPACTS]

Stream ID / Existing Use / Type*
E, I, or P / QHEI Score* / Impact Type / Total Length on Site (LF) / Total Length Impacted (LF) / Percent Avoided
2 / NA / P / Class II; 43 / Fill / 965.97 / 892.44 / 7.6
3 / NA / P / Class II; 50 / Fill / 1505.81 / 393.63 / 73.9
4 / NA / E / NA / None / 70.48 / 0 / 100
5 / NA / I / NA / None / 122.08 / 0 / 100
6 / NA / E / NA / None / 96.55 / 0 / 100
7 / NA / E / NA / None / 37.08 / 0 / 100
Totals / 2798 / 1289.1 / 54.0

* As provided by applicant

  1. Wetlands

[PROVIDE A BRIEF DESCRIPTION OF THE WETLAND IMPACTS AND THE REASON(S) FOR THE IMPACTS]

Wetland ID / Isolated or
Non-isolated? / Forested or Non-Forested / Category / Total Acreage on Site / Total Acreage Impacted / Percent Avoided
B / Non / Forested / 2 / 0.082 / 0.082 / 0
C / Non / Forested / 2 / 0.997 / 0.997 / 0
D / Non / Forested / 2 / 0.449 / 0.033 / 92.7
E / Non / Forested / 2 / 0.004 / 0.004 / 0
F / Non / Non / 2 / 0.225 / 0.007 / 96.9
G / Non / Non / 2 / 0.023 / 0.023 / 0
H / Non / Non / 2 / 0.527 / 0.140 / 73.4
I / Non / Non / NA / 0.110 / 0 / 100
J / Non / Non / NA / 0.014 / 0 / 100
K / Non / Non / NA / 0.006 / 0 / 100
Totals / 2.437 / 1.286 / 47.2
  1. Lakes - Impacts to lakes are not authorized under this permit.

PART IITERMS & CONDITIONS

  1. Terms and conditions outlined in this section apply to project and mitigation construction as described in this permit.
  1. This permit shall be valid for a period of 5 years from the date of issuance.
  1. The Permittee shall notify Ohio EPA, in writing, and in accordance with Part IV(NOTIFICATIONS TO OHIO EPA) of this permit, upon the start and completion of site development and mitigation construction.
  1. A copy of this permit shall remain on-site for the duration of the project and mitigation construction activities.
  1. In the event of an inadvertent spill, the Permittee must immediately call the Ohio EPA Spill Hotline at 1-800-282-9378, as well as the Ohio EPA Section 401/IWP Manager (614-644-2872).
  1. Unpermitted impacts to surface water resources and/or their buffers occurring as a result of this project must be reported within 24 hours of occurrence to Ohio EPA, Division of Surface Water, Section 401/IWP Manager (614-644-2872), for further evaluation.
  1. Pesticide application(s) for the control of plants and animals shall be applied in accordance with rule 3745-1-01 of the Ohio Administrative Code, and may require a site specific application permit from Ohio EPA. Such a permit may be obtained by calling 614-644-2001 and speaking with the Toxicology Specialist.
  1. Blasting shall not be done within or near waters of the state (including wetlands) without prior consultation with the Ohio Department of Natural Resources, Division of Wildlife, to determine what protective measures should be taken to minimize damage to wildlife.
  1. Any authorized representative of the director shall be allowed to inspect the authorized activity at reasonable times to ensure that it is being or has been accomplished in accordance with the terms and conditions of this permit.
  1. In the event that there is a conflict between the permit application, including the mitigation plan, and the conditions within this permit, the condition shall prevail unless Ohio EPA agrees, in writing, that the permit application or other provision prevails.
  1. The Permittee shall provide electronic maps of the development area and the mitigation area to Ohio EPA 401 WQC and Isolated Wetland Permitting Section within 30 days of the date of this certification. JPEG, TIFF, PDF or BMP files are acceptable. When sending the electronic files, include the Ohio EPA ID Number and the Army Corps of Engineers Number (if applicable). If possible, these electronic maps shall be GIS shape files or Geodatabase files. If this is not possible, the electronic maps shall be in another electronic format readable in GIS (GIF, TIF, etc). The electronic files shall be sent to the following e-mail address:

If the files are too large to send by e-mail, a disk containing the electronic files shall be mailed to the following address:

Ohio Environmental Protection Agency

Division of Surface Water

Attn: 401 WQC/IWP/Mitigation Section Manager

50 West Town Street, Suite 700

PO Box 1049

Columbus, OH 43216-1049

  1. This proposal may require other permits from Ohio EPA. For information concerning application procedures, contact the Ohio EPA District Office as follows:

Ohio Environmental Protection Agency

Northeast District Office

2110 East Aurora Road

Twinsburg, Ohio 44087

330-963-1200

Additional information regarding environmental permitting assistance at Ohio EPA can be found at

  1. Best Management Practices (BMPs)
  1. All water resources and their buffers, which are to be avoided, shall be clearly indicated on site drawings, demarcated in the field and protected with suitable materials (e.g., silt fencing) prior to site disturbance. These materials shall remain in place and be maintained throughout the construction process.
  1. All BMPs for storm water management shall be designed and implemented in accordance with the most current edition of the Ohio Department of Natural ResourcesRainwater and Land Development Manual, unless otherwise required by the National Pollutant Discharge Elimination System (NPDES)general permit for storm water discharges associated with construction activities (construction general permit), if required.

A copy of the Rainwater and Land Development Manual is available at:

A copy of the NPDES construction general permit is available at:

  1. Straw bales shall not be used as a form of erosion/sediment control.
  1. Grass filter strips shall be established adjacent to all avoided/relocated and un-culverted waters of the state, including wetlands and existing buffer areas. Filter strips shall be vegetated with non-invasive species native to Ohio and shall be designed and implemented in accordance with the most current edition of the Ohio Department of Natural Resources’ Rainwater and Land Development Manual.
  1. Temporary fill shall consist of suitable non-erodible material and shall be stabilized to prevent erosion.
  1. Materials used for fill or bank protection shall consist of suitable material free from toxic contaminants in other than trace quantities. Broken asphalt is specifically excluded from use as fill or bank protection.
  1. Concrete rubble used for fill or bank stabilization shall be in accordance with ODOT specifications; free of exposed re-bar; and, free of all debris, soil and fines.
  1. Cadmium chromium arsenate (CCA) and creosote treated lumber shall not be used in structures that come into contact with waters of the state.
  1. Trees removed from temporary impact areas to facilitate construction shall be replaced with appropriate tree species native to Ohio.

PART IIIMITIGATION

  1. Description of Required Mitigation
  1. Mitigation shall be the partial funding of the Cleveland Museum of Natural History’s purchase of the Sawdust property. The Sawdust property is a 442-acre property located in Trumbull Township, Ashtabula County, approximately 12 miles away from the project site. The purchase of property to be preserved in this specific case is acceptable to Ohio EPA because this property meets the conditions of OAC rule 3745-1-54(E)(5). I have determined that restoration or creation need not be a component of this compensatory mitigation based on significant ecological reasons. The mitigation funds required for this transaction is $288,229. This value was calculated as follows:
  1. If mitigation for wetland impacts were to occur at a mitigation bank, say, Trumbull Creek, which serves the project area, a mitigation credit would cost $28,000/credit. The minimal degradation alternative proposes impacts to 1.116 acres of category 2 forested wetlands and 0.17 acres of category 2 non-forested wetlands. The off-site mitigation ratios in OAC rule 3745-1-54 are 2.5:1 and 2.0:1 for forested and non-forested category 2 wetland impacts respectively. That results in a required mitigation bank equivalent of 3.1 credits, which, when multiplied by $36,000/credit comes out to $111,600.
  1. The estimated cost to construct and conduct mitigation monitoring for the initially proposed constructed stream mitigation project (GOTL Stream Mitigation Project) was $213,229.
  1. Mitigation and Monitoring Plan

As mitigation for impacts described in Part I.Cof this permit the applicant shall implement the conditions in this permit.

  1. Timing of Mitigation Requirements
  1. Within 30 days of the date of issuance of the 404 permit, a copy of the check made payable to the Cleveland Museum of Natural History [XXXX] shall be provided to Ohio EPA.Impacts to waters of the state shall not occur until the terms of this condition have been met.
  1. Protection in Perpetuity

1.For the above described wetland and stream mitigation area, includingbuffers,the Permitee shall submit to Ohio EPA an acceptable, notarized, recorded, and filed Environmental Covenant prior to the date of the initial discharge of fill into waters of the state authorized in the permit.The Environmental Covenant shall include, as attachments, a metes and bounds (survey) description of the protected area, survey map, and an aerial photograph showing the boundaries of the protected area and all mitigation areas inside the protected area and shall protect, in perpetuity, [LIST COMPONENTS TO BE PRESERVED].

2.Signs shall be placed within visual distance along the mitigation area that indicate the area is a protected wetland and/or stream mitigation project and that mowing, dumping, or any other activity that would result in a degradation of the [wetland and/or stream without prior authorization from Ohio EPA is prohibited.

  1. Reporting
  1. Annual Update Reports

A mitigation construction and project update report shall be submitted to Ohio EPA by December 31 of each year following the date of this permit and untilthe mitigation construction is complete and a mitigation monitoring report is ready for submittal. Each update report shall contain, at a minimum, the following information:

  1. The status of all of the mitigation required for the project as specified in the application and permit including the filing of the required Environmental Covenant;
  1. The status of the filling activities at the development site including dates filling was started and completed, or are expected to be started and completed. If filling activities have not been completed, a drawing shall be provided, which shows the locations and acreage/feet of wetlands/streams that have not yet been filled. If filling activities have been completed, then as-built drawings shall be submitted, which show where fill was placed.
  1. Mitigation construction start date, completion date, or expected start and completion date;
  1. A discussion of the extent to which the mitigation has been completed according to the timelines specified in this permit;
  1. Current contact information for all responsible parties including phone number, e-mail, and mailing addresses. For the purposes of this condition, responsible parties include, but may not be limited to the Permittee, consultant, Environmental Covenant holder, and Environmental Covenant owner.
  1. As-built drawings sized 11" by 17" (to scale) of each of the mitigation areas, once construction is complete.

PART IVNOTIFICATIONS TO OHIO EPA

All notifications, correspondence, and reports regarding this permit shall reference the following information:

Permittee Name:J.J.J. Properties, LLC

Project Name:Vrooman Road

Ohio EPA ID No.:134088

and shall be sent to:

Ohio Environmental Protection Agency

Division of Surface Water, 401/IWP Unit

Lazarus Government Center

50 West Town Street

P.O. Box 1049

Columbus, Ohio 43216-1049

You are hereby notified that this action of the director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within 30 days after notice of the director's action. The appeal must be accompanied by a filing fee of $70.00, made payable to “Ohio Treasurer Josh Mandel," which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the director within three days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney General’s Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission

77 South High Street, 17th Floor
Columbus, Ohio 43215

Sincerely,

Scott J. Nally

Director

cc:Keith Sendziak, Department of the Army, Buffalo District, Corps of Engineers

Peter Swenson, U.S. EPA, Region 5

Mary Knapp, U.S. Fish & Wildlife Service

John Kessler, ODNR, Division of Real Estate & Land Management

Dave Snyder, Ohio Historical Preservation Office

Megan Wolf, Ohio EPA, DSW, Section 401-Mitigation Group

Joe Loucek, Ohio EPA-NEDO, DSW, Section 401/IWP

Jeff DeShon, Ohio EPA, DSW, EAS

Jim Bissell, Cleveland Museum of Natural History, 1 Wade Oval Drive University Circle Cleveland OH 44106-1767

Larry Ludwig, Chagrin Valley Engineering, 22999 Forbes Road, Suite B, Cleveland, Ohio 44146-5667

Attachments:Site Location Map (project)

Site Location Map (mitigation)

Response to Comments

[OTHER ATTACHMENTS]

Ohio EPA would appreciate your feedback on the permitting process that you have just completed. Please visit the web address listed below and take a short survey to offer input into the Agency’s efforts to provide efficient and effective service.