COLERAIN TOWNSHIP, Ohio — Since we first reported on a troublesome dirt pile created by the construction of a Wawa in Colerain, township officials have put the onus of it on Hamilton County — but county officials are refuting that claim.
In a new letter from Friday, Hamilton County Conservation District Director Sara Fehring denied the township's assessment that the county was responsible for approving the construction of the large earthen mound.
"We write this letter to clarify jurisdiction with respect to the large mound at the rear of 10345 Colerain Road in light of recent media reports and public statements by various Colerain public officials attributing to the Hamilton County Conservation District responsibility for placement, aesthetic and other zoning considerations of said mound," Fehring wrote.
Fehring wrote that such considerations are "outside of the scope" of the conservation district's remit.
"(They are) the responsibility of a Colerain zoning board (if anyone) to establish and enforce," she wrote.
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The letter pushes back on statements made by representatives of Wawa, Colerain officials and at least one trustee that the township had no jurisdiction over the mound and had no role in approving its construction.
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The county clarified that the conservation district's role is to establish stormwater controls and ensure that any earthworks are stable.
"Put differently, the Conservation District only reviews whether a mound is stable and whether it may degrade water quality, not whether it is placed in a 'good' location, is aesthetically pleasing or is supported by the community," the letter reads.
We asked the township administration for an interview regarding the letter, and a representative declined our request.
Instead, the representative pointed us to a section of the county's earthwork regulations that reads:
“An Earthwork Permit or Approval will not be issued until all Improvement Plans for the project are approved by the Enforcing Official and all pertinent Local, State and Federal permits for the project are obtained, including the following:…
2. Approval obtained under local planning, zoning, subdivision, storm drainage, special flood hazard approval and/or building requirements.”
The representative argued that "Unless the County can point to a zoning approval by us, the county’s letter admits that they issued a permit in violation of their earthwork regulations."
An internal email from the conservation district we reviewed indicates the county's initial approval on July 19, 2024, was issued based on a plan dated December 22, 2023, which didn't include the earthen mound. The county's letter says that "A revised plan showing the mound in question was received 11/7/24, but it complies with the Stormwater Pollution Prevention Plan, and its construction is being monitored by a geotechnical engineer."
"Provided that its final construction is stable and does not degrade water quality conditions in Hamilton County, it is permitted under the Earthwork Regulations," the letter continues.
We called Township Trustee Dan Unger to give his take on the county's letter.
He continued to hold the township administration's opinion that the mound isn't their responsibility.
"I love our neighbors on Raeann Drive. I think the issue here is with Hamilton County Soil and Water," Unger said.
We asked him whether Wawa's developers were able to essentially navigate a loophole to build the mound next to residential homes.
"I don't think it was a loophole at all," Unger said. "Wawa went to the people who have jurisdiction over soil and water and got a permit."
At a trustee meeting last week, Trustee Matt Wahlert referred to the regulatory framework that allowed for the mound's construction as a "gap" and suggested that the township explore options for giving the Zoning Board additional control over future projects.
Wahlert told us Monday that, in response to Fehring's letter, he requested copies of any township approvals used by the county leading to their issuance of a permit.
He said it was too early to comment directly about the county's allegations of who's responsible for the mound.
Colerain Township's Zoning Board is scheduled to meet Tuesday. One of the board's agenda items reads: "Discussion on whether to instruct the Law Director to research the extent of zoning authority regarding the regulation of earth mounds and movement of dirt on site."
Wawa, again, didn't respond to our requests for comment.
Read the full letter from the Hamilton County Conservation District below:
