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RESOLUTION N0.2014-15 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY RESOLUTION <br />AUTHORIZING AND DIRECTING <br />THE MAYOR AND PRESIDENT OF COUNCIL <br />TO ENTER INTO AN ENVIRONMENTAL COVENANT <br />WITH THE OHIO ENVIRONMENTAL PROTECTION AGENCY <br />WHEREAS, the Owner is the owner in fee of certain real property, which contains the <br />Covenant Areas and is situated in Cuyahoga County, Ohio, in the Beechers Brook (Chagrin River) <br />watershed; <br />WHEREAS, Mayfield Village, Ohio constructed a certain project on certain other real <br />property, the Widening of State Route 91 /SOM Center Road from Wilson Mills to White Road, also <br />located in Cuyahoga County, Ohio ("the Project"), which the Proj ect impacted certain surface water <br />features located in and adj acent to the Project area and the approvals for which Proj ect required that <br />Mayfield Village, Ohio obtain a water quality certification pursuant to Section 401 of the Clean <br />Water Act, 33 § 1344 from the Ohio EPA; <br />WHEREAS, in order to mitigate such impacts on the jurisdictional streams residing within <br />the Project area and as a condition of being issued the 401 water quality certification Ohio EPA ID <br />No. 032819 (the "401 Certification") the Ohio EPA has required that Mayfield Village, Ohio protect <br />the Covenant Areas in perpetuity with an Environmental Covenant; <br />WHEREAS, to meet the conditions in the 401 Certification, Mayfield Village, Ohio has <br />constructed and implemented the stream mitigation requirements contained in Mayfield Village, <br />Ohio's 401 Certification dated May 21, 2003 at Paragraph III(a) in the Covenant Areas of the <br />jurisdictional streams residing in and adjacent to the Project area; and <br />WHEREAS, Mayfield Village, Ohio proposes to fulfill its obligation to ensure the Covenant <br />Areas are protected in perpetuity by entering into this Environmental Covenant. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, OF HAYFIELD VILLAGE, <br />OHIO, THAT: <br />SECTION 1. The Mayor and President of Council are hereby and herein authorized and <br />directed to enter into an Environmental Covenant by and between Mayfield Village, Ohio and the <br />Ohio Environmental Protection Agency, ("Ohio EPA"), a copy of which is attached hereto and <br />