1. COVINGTON RIDGE DEVELOPMENT Development Concerns for Nimishillen Township Board of Trustees and Nimishillen Township Residents An analysis by Stark County Prosecuting Attorney John D. Ferrero’s Office

2. In Preparation for this presentation Prosecuting Attorney John D. Ferrero and his Staff have gathered information and reports from: ■The City of Louisville, Development Director, Law Director and other City officials ■The Stark County Engineer Keith Bennet and his staff ■The Stark County Sanitary Engineer James Troike ■TGC Engineering (Storm water management designer and design engineer for Covington Ridge Development) ■Stark Soil & Water Conservation District

3. Areas of Concern: ■Storm water runoff and drainage –Flooding –Runoff from paved and roof surfaces ■Traffic –Congestion from increased traffic –Traffic Flow patterns ■Sanitary Sewer backups –Storm Water infiltration –Increased capacity –Increased likelihood of backups

4. First Area of Concern: Flooding in existing Residential Areas

5. Flooding Considerations: ■Flood Zones ■Natural Creeks ■Wet Lands ■Ditches & Drainage ■Existing Development ■Proposed Development

6. Current situation already has existing flooding issues ■Development North of US 62 places significant amounts of runoff into a major tributary to the East Branch Nimishillen Creek down stream ■East Branch Nimishillen Creek backs up due to run off from Louisville and other areas to the East ■East Branch Nimishillen Creek flow slows due to Canton Development downstream

8. Efforts to alleviate flooding since flood of 2014 by the Stark County Engineer’s Office ■Larger Culvert replacement under Broadway Avenue near Willis Street Conducted by the Stark County Engineer and Eastland between Willis and Lesh ■Ditch cleaning in and around the tributary to the East Branch Nimishillen Creek Conducted by the Stark County Engineer ■Right of Way Cleaning along the banks of the East Branch Nimishillen Creek and the Nimishillen Creek Conducted by the Stark County Engineer

10. Additional Work appropriated for in 2016 ■An additional $300,000 has been budgeted for in 2016 for culvert replacement work in the affected area ■5 culverts will be replaced in the Fairhope Ditch area (the affected housing allotment)

11. Ditch, Creek and Waterway Cleaning ■There are ongoing efforts by the Stark County Engineer to clean in and around the tributary to the East Branch Nimishillen Creek as well as ditches in the area of the allotment –These efforts meet with some difficulties with easement right-of-way access issues –These efforts meet with guidelines and restrictions imposed by the EPA ■There are also ongoing efforts by the Stark County Engineer to clean in and around the tributary to the Nimishillen Creek downstream in the area of the Nimisilla Park –These efforts meet with even more issues with easement right-of-way access issues –These efforts are even more regulated and restricted by the EPA

13. Concerns regarding development at Covington Ridge Regarding flooding: ■Reduced farm fields to absorb rain run off ■Increased non-permeable surfaces causing increased run off ■New leveling and structuring of ground surface directing run off toward existing residential developed areas

14. Reduced farm fields to absorb rain run off ■Simply put: –THERE IS GOING TO BE A REDUCTION OF TILLED FARM LAND – Approx. 30% of total area is being developed ■This may be an issue in a period of steady soaking rain if no counter measures are in place ■Not an issue in a sudden down pour or after ground is saturated –Ground doesn’t soak in water as fast as it comes down in a sudden down pour –Once ground is saturated it doesn’t absorb any more

16. Summary: ■70% of virgin land or farm land remains in place after all three phases of development ■Counter measures are being put in place such as retention ponds and grading

17. Increased non-permeable surfaces causing increased run off ■There are concrete road surfaces that do not absorb water and create run off –Phase one contains 2395 lineal feet of road surface –Phase two contains 3047 lineal feet of road surface –Phase three contains 1270 lineal feet of road surface –All three phases contain a total of 6712 lineal feet of road surface ■There are shingled roof surfaces that do not absorb water and create run off –All three phases contain a total of 15.25 Acres of impervious surface area

19. Calculating in roof surface, road surface, sidewalk surface and other parking surfaces: –15.25 Acres of impervious surface area in a site that is approximately 230 acres of total area –Impervious surface area is less that 7% of total site

20. New leveling and structuring of ground surface directing run off toward existing residential developed areas ■Developer required to install systems to handle storm water direction and retention –Retention / Detention Basins –Catch basins and storm drains –Maintaining and utilizing designated “Wet Land” areas

21. Retention / Detention Basins - Wet Lands

22. Elevation

23. Retention Ponds

24. Retention Pond 1

26. Retention Pond 2

27. Wet Lands

28. Water flow

29. Land Formations / Landscaping Islands

30. ■Although appearing decorative in nature, the raised landscaping islands also serve a drainage purpose of acting as drainage swales to direct excess storm run off to the storm drainage catch basins and the storm water retention ponds. ■Planted with rooted plant material the islands will be resistant to erosion

31. Second Area of Concern: ■Traffic Congestion

32. With a proposed 228 residential units, each containing a 2 car garage – 456 new vehicles will potentially be coming and going in the area

33. Phase 1 has 88 units with 1 access drive to Broadway Avenue. –5 buildings containing 36 units up or going up with access through Entrance Drive A at Broadway Avenue and Francesca Street –6 more buildings going up on Drive D which will enter and exit through Entrance Drive A at Broadway Avenue and Francesca Street (These will be built as progress developer sees progress in renting the units)

35. Phase 2 has an additional 113 units with access through Phase 1 to Broadway Avenue. –Phase 2 conditional approval mandated that the Proposed Drive G through Phase 3 be completed to Peach Street –There is an existing gas well access drive that extends from the Eastern end of Drive D North to Crock Street and could be improved if necessary

37. Phase 3 has additional 48 units with access through Phase 1 to Broadway Avenue, South on Drive G to Peach Street and potentially North to Crock Street. –By the time Phase 3 has begun, the second drive to Peach Street will be completed –By the time Phase 3 has begun the North drive to Crock will be completed if the need has been demonstrated.

38. Wet Land Area Development ■Construction of Drive D extension into Phase 2 and Construction of Drive G into Phase 3 to Peach Street Requires traversing 2 recognized Wet Land areas –Recognized as LRH-2015-1016-TUS (Unnamed Tributary to East Branch Nimishillen Creek) ■Crossing these areas requires bridging the area and a permit from the US Department of the Army Corps of Engineers –Nationwide permit #29 Verification and Approval was granted to Redwood Acquisition, LLC for this project on December 28, 2015

40. Third Area of Concern: ■Sanitary Sewer Capacity / Backup Storm Water infiltration Increased capacity Increased likelihood of backups

41. Increased capacity ■The current development in the area of Frencesca, Peach Leone, Eastland Etc. utilizes the Stark County Sanitary Sewer system which flows to the Fairhope lift station off of Louisville street (State Route 153) South of the area. ■This new development will utilize a new lift station being constructed off of Peach Street East of Broadway and pump waste to the Louisville Sanitary Sewer System ■No new sewage will be added to the Stark County Sanitary System now utilized by the Nimishillen Township Residents due to the Covington Ridge Development

42. Storm Water infiltration ■Storm water infiltration is a major cause of Sanitary Sewer backup ■When Sanitary lines fill with storm water – Sanitary backups occur –Objective – KEEP STORM WATER OUT!

43. Efforts to alleviate Storm infiltration of the Sanitary Sewer System Since the Storm and flooding of 2014 by the Stark County Engineer’s Office

44. ■All Sanitary man hole covers in the area have been inspected to identify “vented” lids which would allow infiltration of storm water run off ■All pre-existing “vented” man hole cover lids have been replaced by new “Bowl type” sealing lids to prevent storm water infiltration ■Lines have been inspected to detect any potential leaks which would allow for storm water infiltration

45. ■A new lift station is under construction at the Fairhope lift station off of Louisville street (State Route 153) South of the area.

46. New Lift Station will provide: ■Increased capacity –Faster movement of sewage through the system –Faster notification of potential problems with flow ■Construction has begun with completion scheduled for summer 2016

48. Desires of the Trustees and residents: ■County Engineer complete drainage work to eliminate flooding ■Sanitary Sewer back flow preventers for area residents to prevent sewer backup ■Developer or Louisville bond in case situations arise

49. County Engineer complete drainage work to eliminate flooding ■Cleaning near rights of way has been done – further cleaning can and will be done as easement access is acquired ■Some cleaning in and around creek beds has been done – further cleaning requires EPA and some Army Corp of Engineers approval which is not easy to attain

50. Sanitary Sewer back flow preventers for area residents to prevent sewer backup ■Big issue here is who bears the costs? –Sanitary Engineer? –City of Louisville? –Developer?

51. Cost assumed by Louisville? ■No Precedent or legal basis to enforce this requirement. –No proof that anything in the approval of the development will cause the existing sanitary sewer to back up.

52. Cost assumed by the Developer? ■No Precedent or legal basis to enforce this requirement. –No proof that anything the development will cause the existing sanitary sewer to back up.

53. Cost assumed by County (Sanitary Engineer)? ■First there is no evidence that the work already done won’t alleviate sewer backups ■Costs assumed by the County Sanitary Engineer will end up passed on to the end user –Customers – Township residents

54. Bonding or Insurance: ■Frequently a developer is required to post a bond to assure all required work is completed. ■This is usually done by the developer posting some sort of security that can be levied upon if the developer doesn’t complete the required work in the approved plans ■Legally this is authorized so that the regulating authority can assure their requirement are met –This is not done for the benefit of other entities (no legal authority to require it) ■Not for neighboring property owners ■Not for neighboring jurisdictions

55. Bond has been posted by Covington Ridge Developer ■Louisville holds a first mortgage on the development to assure all aspects of the plans and engineering is complied with ■The City of Louisville is the controlling authority over the development since it is inside the City –No legal authority for bond requirement by any other entity

56. Final question: Is there legal authority for Nimishillen Township or the Area residents to stop, enjoin, restrict or otherwise influence the Covington Ridge Development?

57. Answer: ■Based upon the expert reports and information obtained by this office, there is no legal basis to proceed with any legal action.