By Gary Lloyd
TRUSSVILLE — The Trussville City Council on Tuesday approved restrictive covenants for conservation easement in the area covered by the Cahaba River restoration project.
VIDEO: See the Cahaba River near the Cherokee Bridge in Trussville after construction was completed.
There are 10 restrictive covenants, which basically state what can and can’t be done in the enhanced area. They are:
- General: There shall be no filling, flooding, excavating, mining or drilling; no removal of natural materials; no dumping of materials; and no alteration of the topography in any manner except as specifically provided for in the mitigation plan of the permit.
- Waters and wetlands: There shall be no draining, dredging, damming, or impounding; no changing the grade or elevation, impairing the flow or circulation of waters, reducing the reach of waters; and no other discharge or activity requiring a permit under applicable clean water or water pollution control laws and regulations except as specifically provided for in the mitigation plan of the permit.
- Trees/vegetation: There shall be no clearing, burning, cutting or destroying of trees or vegetation, except as expressly authorized in the Reserved Rights; there shall be no planting or introduction of non-native or exotic species of trees or vegetation except as specifically provided for in the mitigation plan of the permit.
- Uses: No agricultural, industrial or commercial activity shall be undertaken or allowed.
- Structures: There shall be no construction, erection, or placement of buildings, billboards, or any other structures, nor any additions to existing structures with the exception of installation and/or maintenance of new or existing pedestrian bridges.
- New roads and bridges: There shall be no construction of new roads, bridges or trails without the prior written approval of the Mobile District Engineer, including the manner in which they are constructed; provided, however, that the improvements made a part of Alabama Department of Transportation Project CMAQ-9802(923) providing for the construction of the “Trussville Greenway and Walking Multi-Use Trail-Greenway along Cahaba River Trail, Lighting and Landscaping” shall be permitted without further approval and shall not be prohibited hereby.
- Use of off road vehicles: There shall be no use of off road vehicles, four-wheel-drive vehicles, all terrain vehicles or similar vehicles except on existing roads and trails and except as necessary to manage the property.
- Utilities: There shall be no construction or placement of new utilities or related facilities without the prior approval of the Mobile District Engineer.
- Pest control: There shall be no application of pesticides or biological controls, except as required for riparian buffer maintenance, without prior written approval from the Mobile District Engineer.
- Other prohibitions: Any other use of, or activity on, the protected property that is or may become inconsistent with the purposes of this grant, the preservation of the protected property substantially in its natural condition, or the protection of its environmental systems, is prohibited.
The covenants do state that the city of Trussville can perform landscaping to prevent severe erosion or damage to the property, provided the landscaping is “generally consistent with preserving the natural condition of the protected property.”
The enhanced area includes the stretch of the Cahaba River from the Cherokee Bridge to the Civitan Bridge.
The project, which began Oct. 27, 2014, includes correcting and stabilizing erosion and sedimentation issues along a 3,200-foot stretch of the Cahaba River from Cherokee Drive to the Civitan Bridge at Civitan Park. North Carolina-based North State Environmental was awarded the project by the city of Trussville with a low bid of $828,299.46 last year.
The purpose of the project was to improve water quality, habitat and stream stability of the Cahaba River, and provide a demonstration of urban natural channel design stream enhancement and stormwater management.
Contact Gary Lloyd at news@trussvilletribune.com and follow him on Twitter @GaryALloyd.