When a developer started spreading fill dirt in the flood plain of Hamilton Run—a tributary of Hellbranch Run in western Franklin County—investigations by Darby supporters discovered a disturbing series of events behind the company’s actions.

About two years ago, when Alton-Darby Road was widened, Franklin County had excess dirt to dispose of. Instead of using the dirt for other projects, the Franklin County Engineer piled an estimated 20,000 to 40,000 cubic yards of dirt in the flood plain of Hamilton Run. Unbeknownst to most citizens, the proper permits were not obtained ahead of time, and the pile sat there illegally for months.

By law, a conditional use permit is required to place fill in a flood plain. In Franklin County, the Board of Zoning Appeal (BZA) is the only entity that can grant conditional use permits, and a public hearing is required before a permit’s issuance.

Instead, Homewood Corporation, the owner of the property, asked for and received a permit from the Franklin County Development Department and began to spread the fill.

With the assistance of attorney Matt McClure, DCA then attempted to obtain a copy of the permit through the Freedom of Information Act. In response, Development Department Director Dan Nichter denied the permit’s existence. A copy of the permit was subsequently obtained by DCA from the Homewood Corp. The permit had been signed by Nichter.

As its permit had no legal standing, the Development Dept. was forced to revoke it. Homewood then applied to the BZA asking for a new conditional use permit to fill 104 acres with 160,000 cubic yards of dirt.

At the hearing, DCA president Terry Stewart testified that the permit, if granted, would violate the Brown Township comprehensive plan (which forbids flood plain filling). He stated that ignoring the fill prohibition would be ignoring the efforts of numerous township residents and elected officials who had worked long and hard on their plan.

The fill would also result in a loss of floodplain storage capacity that would damage both Hamilton and Hellbranch runs and result in increased flooding downstream. DCA calculates that the fill would add an estimated 32 million gallons of water to the floodway during a 100-year flood.

At the hearing, Franklin County Development Dept. staff recommended against issuing the permanent because one of the conditions that must be met to issue a variance is that the use may not violate existing local plans.

Don Brosius, an attorney representing Brown Township, testified that flood plain filling is not permitted under the Brown Township comprehensive plan. He also cited a plethora of past plans and studies that have identified flooding problems in the area and recommended against floodplain filling.

The BZA voted down the application, but as soon as the vote was cast the chairman of the BZA asked the applicant (Homewood Corp) to amend the application. The applicant then asked to fill only 25 acres. The BZA again voted no. Once again the chairman asked Homewood to amend the application, and after some discussions in the hallway the applicant asked to fill 12.5 acres. Without allowing the opponents an opportunity to comment, the BZA issued the permit.

At its September trustees meeting, DCA voted to appeal this ruling in common pleas court based on the capricious nature of the BZA ruling. DCA believes it is important to fight this precedent-setting decision to allow floodplain fill along a Darby tributary. DCA also believes it is important to support the

Brown Township comprehensive plan. Attorney Matt McClure is handling the case for DCA pro-bono; however, court costs are expensive and DCA is asking for donations to its newly established legal fund to cover these expenses. If you think protecting flood plain and comp plans are important please send donations to the DCA address on the back of this newsletter. All donations are tax deductible.

by Terry Stewart

Bear wanders through Darby Valley

It’s been at least a century-and-a-half since the last bear disappeared from the Darby Valley. The native predator was hunted to extinction not long after European settlers arrived and set the plow to the Darby Plains.

But in the eyes of a young male black bear looking for territory to call its own, the mostly wooded valley along Darby Creek apparently still holds some appeal. The bear in question was first sighted this summer in Battelle-Darby Metro Park near Darbydale. The animal eventually made its way up Little

Darby Creek into West Jefferson. At that point it was deemed a nuisance and was moved to a state forest by officials.

According to Ohio Department of Natural Resource records, the Darby bear is further evidence of a new bear population that has moved into the state in recent years. The bears are migrating into Ohio from Pennsylvania and West Virginia, taking advantage of recovering forests in the southern and eastern part of the state. Sightings of mother bears and cubs suggest that some reproduction is taking place.

Though central Ohio’s dense human population and scarcity of forest probably will never allow bears a permanent presence here, it is flattering to think that our recent visitor found the Darby corridor attractive.

Columbus Hellbranch zoning overlay passed by Council

Columbus City Council has unanimously passed a stream protection zoning overlay for the Hellbranch watershed in western Franklin County.

DCA opposed the overlay, primarily because the association does not believe that zoning can substitute for comprehensive planning. Moreover, DCA objected to the city’s deletion of a promised 40 percent open space requirement. The provision would have reduced environmental damage from the impervious surfaces of new housing, but it was opposed by developers, and at their insistence Columbus tossed it out.

Ironically, in a draft of an updated wastewater treatment plan recently submitted to the Ohio EPA, Columbus recommended that other jurisdictions in the Darby watershed pursue comprehensive environmental planning. DCA submitted comments in response to this plan, asking the EPA to pressure Columbus to develop a scientifically based watershed protection plan for all of the Darby watershed in its planning area (Franklin County). The EPA has ultimate oversight authority over Columbus’s plan, and DCA believes it would be inconsistent for that agency to sanction a development plan that does not ensure compliance with its water quality standards. Parts of the Hellbranch watershed are currently in violation of the state’s standards and the Clean Water Act.

The overlay does have some positive features. It provides for a streamside buffer, and requires stormwater controls. Unfortunately, the legislation also has the potential to encourage a 90 percent buildout of a 10,000-acre tract next to Hellbranch.

Councilman Rich Sensenbrenner was a leader in increasing attention to Darby protection in the final draft of the overlay. In the end Council passed three amendments which may benefit the creek in the future. First, Council agreed that the Westland Area Plan needs to be updated. Second, they pledged that

Columbus would work with state agencies and other parties to monitor water quality in Hellbranch to assess impacts. Finally, Council stated unequivocally that maintaining Darby’s water quality is "a critical priority" of Columbus.

As it passed the overlay, nearly every council member pledged that the overlay was merely the first step in ensuring Darby protection. Let’s hope Council remembers this in the coming months and years.

Metro Parks adding skating pond to Battelle-Darby

Battelle-Darby Metro Park will have a new skating pond this year. The newly-constructed retention basin is located next to the parking lot at the park’s Little Darby access along Gardner Road.

Park officials hope that the new pond will keep adventurous winter skaters off of Darby, which can be treacherous and unpredictable in winter. The skating pond will be less than 2 feet deep, so a fall through the ice would not be deadly.

Congress allocates more money for Darby land purchases

A U.S. Senate committee voted to provide $700,000 this year to Metro Parks for land purchases along either Big or Little Darby creeks in Franklin County, according to the Columbus Dispatch. Congress provided $900,000 last year. The allocation was sponsored by Senator Mike DeWine, a leading Darby supporter.

West Jefferson Industrial Park

Madison County has a progressive farmland preservation plan. Still, its plan targets a large swath of farmland adjacent to Little Darby Creek for commercial development. The land, just outside West Jefferson along State Route 29, is near Jefferson Industries. Recently Target Department Stores has announced its intention to build a large distribution center next to the creek. The complex is expected to employ 1,000 people.

The industrial park could not have been sited in a more environmentally sensitive location. The adjacent stretch of Little Darby is habitat for the federally endangered clubshell mussel, and generally has very high aquatic diversity. DCA is concerned with the potential effects of stormwater runoff from the development. Stay tuned for updates on this issue.