Broken Arrow City Council
Meeting of: 02-07-17
To: Mayor and City Council
From: Development Services Department
Title:
title
Consideration, discussion, and possible approval of an exemption for an 11.48 acre conservation area reserve of FedEx from Section 24-705, Excess Capacity Sewer Fee charge, quarter mile east of 9th Street and north of Houston Street
End
Background:
Representatives of FedEx have requested that an 11.48-acre portion of the overall site located along the east property line be exempt from Section 24-705, the excess capacity sewer charge, for developments. This area has been placed in a Reserve and labeled a Conservation District. More importantly, this area as a Deed Restriction that runs in perpetuity with the property and, therefore, must remain in an undeveloped state.
This area has a small stream that runs north to south before connecting with the main branch of Broken Arrow Creek. This small stream is shown as a blue line on the United States Geological Survey Maps (USGS). The fact that it is a blue line places it as a jurisdictional water body of the United States, more specifically of the State of Oklahoma, and therefore is subject to the regulations of Section 10 of the Rivers and Harbors Act (1899) and Sections 401 and 404 of the Clean Water Act (1974).
The area in question has been permitted by the United States Army Corps of Engineers (COE) in accordance with the above federal regulations. In order to obtain the 404 Permit, the property owner mitigated the unavoidable impacts to aquatic resources effects of its proposed work within the stream area by placing the existing riparian corridors and abutting wetlands in a preserve area. To safeguard this preserve, the property owner elected to place it in a Conservation Easement coupled with a Deed Restriction in order to protect the natural elements of the land from future disturbance. In cooperation wi...
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