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Conservation group warns parcels are protected wetlands and urges county to confirm federal permits before proceeding

Delaware County Board of Commissioners · August 4, 2026
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Summary

The Stream and Wetlands Foundation told commissioners it holds conservation easements on parcels in the Ford Grove submain, said those parcels already provide stormwater retention, and urged the county to confirm Clean Water Act permitting before finalizing costs.

The Stream and Wetlands Foundation urged the Delaware County Board of Commissioners to consider existing conservation protections and permitting risks during the Watson Ford No. 25 hearing. Vince Messerly, representing the foundation, said the group’s 75+ acres are permanently protected by an Environmental Covenant and that those parcels provide stormwater retention that benefits the watershed without permitting the project’s proposed work to be performed on that land.

Messerly asked whether the county had mapped jurisdictional waters and wetlands or obtained Corps or Ohio EPA concurrence — pointing to potential Clean Water Act (401/404) permitting obligations that could materially change project costs and scope. "We're already in a contract to donate the land to the Delaware County Preservation Parks... our biggest concern is we just don't want to be assessed $35,000 that we don't get any benefit from," he said, and requested consideration for reimbursement for submain work the foundation has already funded.

County staff responded that projects with prior hydro modification under petition process can be covered by nationwide permits for reconstruction, and that staff believes they have satisfied Ohio Revised Code requirements. Messerly and environmental speakers urged caution because permit requirements and jurisdictional determinations could increase costs beyond the engineer’s estimate.