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HomeMy WebLinkAbout93-170 Resolution No. 93-170 RESOLUTION AUTHORIZING THE CITY MANAGER TO WITHDRAW PERMIT APPLICATION #199200557 TO THE U.S. ARMY CORPS OF ENGINEERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized to withdraw Permit Application #19920057 to the U.S. Army Corps of Engineers for the Tyler Creek detention project. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 23, 1993 Adopted: June 23, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk in v (Pk Agenda Item No. VIT "f4, June 4, 1993 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Tyler Creek Regional Detention Facility PURPOSE: To provide information from which City Council can consider the City' s response to the Corps of Engineers request for an alternatives analysis on the subject project. BACKGROUND: The City has been working for a number of years on the engineering for the Tyler Creek Regional Detention Facility (Project) . The engineering has cumulated in the filing for a Corps of Engineers 404 Permit in late 1992 . The Corps solicited elk Public Comments in January-February 1993 . A copy of the Public Notice is Attachment #1 . On March 2, 1993, the Corps essentially rejected the City's application by requesting that alternatives to the proposed Project be investigated. A copy of the Corps ' response is Attachment #2 . The Project was developed to fulfill two functions : 1. Regional Storm Water Detention: Rather than provide a multitude of small individual storm water detention facilities for development in the north west quadrant of the City, a central regional facility, the Project, was conceived and engineered. To date, three developments, . Valley Creek, . Highland Glens, . Big Timber Development, have been approved and substantially built-out without on-site storm water detention. The required storm water detention, about 90 acre feet, was to have been accommodated by the Project. It should be noted that City Code Chapter 18 . 36 .080.0 encouraged the development of larger regional eft detention facilities in lieu of many smaller detention facilities . Mayor and Members of the City Council June 4, 1993 (ow Page 2 2. Flood Control : With the creation of an in-line detention facility west of Randall Rd. , an opportunity presented itself to provide additional detention which would have reduced the base flood elevation and hence reduce the flooding along Tyler Creek between Randall Rd. and the Fox River. The Project would have provide about 180 acre feet of storage for flood control purposes and would have lowered the base flood elevation by slightly less than one foot. DISCUSSION Prior to reviewing alternative Project solutions, we have reviewed the need to address the two original Project functions . Our conclusions are as follows : 1. Storm Water Detention: There is no Federal, State, or County requirement for storm water detention related to development. City of Elgin Code, chapter 18 .36 requires storm water detention for all development exceeding five acres in area. Our engineer, Guillou and Associates, Inc. , was asked to calculate the impact on the base flood elevation between Randall Rd. and the Fox River, should the Project be abandoned and no off-site storm water detention be provided. His central conclusion, (Attachment #3) is that no calculable increase in the base flood elevation would be experienced. The maximum increase in flow would be four cubic feet per second out of 2,412 cubic feet per second. The reason that the lack of storm water detention will not increase the base flood elevation is that storm water flows from the three developments will be released into Tyler Creek in advance of the peak base flood. 2 . Flood Control : Residential areas east of Randall Road are currently impacted during flood events substantially lower than the base flood event. With anticipated developments west of the City, within the 32 square mile drainage basin, we must anticipate that flooding will become more frequent over time and that the base flood elevation will also increase. There is no Federal, State, County or City of Elgin requirement for flood control facilities . Mayor and Members of the City Council June 4, 1993 Page 3 ALTERNATIVES Our investigations of alternatives that would have less adverse impact on the aquatic environment and wetlands of Tyler Creek are as follows. 1. Storm Water Detention: The Project can be substantially reduced, and the adverse environmental impacts reduced, by providing only for storm water detention in-line on Tyler Creek. We can eliminate the proposed earthen dam and spillway and modify an existing; culvert under Old Randall Rd. to obtain the required storm water detention. Flood control benefits will be eliminated. The additional area flooded by impounded water would decrease by 10.7 acres from 19 .8 acres under the Project to 9 . 1 acres under the alternate. Water storage would decrease by 90 acre-feet from 180 acre-feet to 90 acre-feet. Although the adverse environmental impacts will be reduced under the alternate, adverse environmental impacts will not be eliminated. We can expect the same level of opposition from environmental organizations, Fish and Wildlife, and likely the Forest Preserve. Consequently it is likely that development of any in-line storm water detention, even of a lesser impact, will be a difficult process . Because of the complexity of developing off-line storm water detention alternatives to satisfy the 90 acre-feet requirements of the three developments, we have not yet begun any off-line analysis . 2 . Flood Control: No in-line flood control opportunities, other than the Project, appear feasible. Only two areas of off-line flood control appear to offer potential, 1) Valley Creek and 2) the Eagles Club. Substantial investigations would be required to test the feasibility of off-line flood control facilities at these two locations . Our analysis indicates that no adverse impacts are being experienced by the lack (or delay) of providing storm water detention for the three developments to have been serviced by the Project. Thus there is no reason (other than cost) to Mayor and Members of the City Council June 4, 1993 Page 4 r pursue the in-line alternative detention option. The lack of adverse down stream impacts also provide the City with time to budget in 1994 for the identification and development of cost estimates of off-line storm water detention. Based upon the above, the following recommendations are offered for consideration by City Council. 1. Withdraw our Regional Detention Facility 404 permit application from the Corps of Engineers it would be denied any way. 2. Do not develop and submit to the Corps of Engineers for permitting an alternate creek in-line storm water detention facility. 3. Terminate our Agreement with Guillou and Associates, Inc. 4 . Budget for 1994, an engineering study to identify off-line storm water detention opportunities and cost estimates to provide the 90 acre-feet of storm water detention required. FINANCIAL IMPACT: None at this time. RECOMMENDATION: That the City Council authorize the abandonment of the Tyler Creek Regional Detention Facility project and to withdraw our permit application from the Corps of Engineers . L. Rice, City Manager do Attachments • - ; .DEPARTMENT OF THE ARMY 7-4.r1--Go L;�Y=R�,�_ -- CHICAGO DISTRICT CORPS OF ENGINEERS ; '1: _� � '= 'A;;F I: JAN 19'93 % ATTN:Regulatory Functions ';;.,, ,c1‘11 -:F; 0 9 /VYMIIlP Vil' NORTH CANAL STREET- FIRST CLASS MAIL (,A17rSGd t _ CI` A:CAGO, IL 60606-7206 OFFICIAL BUSINESS ATTACHMENT #1 PENALTY FOR PRIVATE USE, $300 City of Elgin 150 Dexter Court Elgin , Illinois 60120-55555 • Attention : Mr . Ralph Ridley or CURRENT RESIDENT r JAN 21 1gg1 CITY OF ELGIN ENGINEERING DEPT. Public Notice US Army Corps of Engln..rs -- ChicagoDs>rrx Applicant: Oats:January 18 , 1993 City of Elgin , Illinois Eipsres' February 8 , 1993 le Reply Refer to: Section: 404 of the Clean Water Act Application #199200557 JOINT PUBLIC NOTICE U.S. ARMY CORPS OF ENGINEERS ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ILLINOIS DEPARTMENT OF TRANSPORTATION/DIVISION OF WATER RESOURCES Intersection of Randall Road and Tyler Creek Street, Road or other Descriptive Location Elgin NW 9 41N 8E In or Near City or Town Sec. Twp. Rge. Kane Illinois 60120 Tyler Creek County State Zip Code Waterway or Watershed THIS IS NOT A PERMIT. THE PURPOSE OF THIS PUBLIC NOTICE IS TO PROVIDE INFORMATION AND SOLICIT COMMENTS ON THE PROPOSED PROJECT. Description and Purpose of Activity: The City of Elgin, 150 Dexter Court, Elgin, Illinois, 60120-5555, has applied for federal and state permits to discharge fill material into wetlands for the construction of a regional detention facility on Tyler Creek (Exhibit 1) . The applicant proposes the construction of an earthen embankment approximately 1800 feet long in the floodplain of Tyler Creek in order to create a regional detention elw basin that would consolidate stormwater detention storage at a single site, rather than in a number of smaller basins downstream of the site. The construction of this facility would eliminate the detention requirements of future developments downstream of the project site. A major portion of the embankment would be located in the Randall Road corridor where the bridge crosses Tyler Creek (Exhibit 2) . The basin would be designed to retain water only when Tyler Creek is in flood stage, and would not create a permanent pool behind the berm. Hydraulic studies of the site show that the basin would be inundated for a period of 26 hours in a 2 year storm event, and 35 hours in a 100 year storm event. The approximate water surface elevations would be 822.6 feet in a 2 year storm, and 826.6 feet in a 100 year storm. The control structure for the berm would consist of an ungated 7 foot by 5 foot multi- plate culvert set at an elevation of 812.0 feet, the elevation of Tyler Creek. No changes to the channel of Tyler Creek are planned as part of this project, other than that portion of the channel under the berm, and no grading is to take place within the basin itself. The 86 acre project site contains approximately 28.4 acres of jurisdictional wetlands, including several large areas of sedge meadow, willow thicket, fen, and sidehill seep communities. A p vegetation survey conducted on the site identified several wetlands of high floristic quality and diversity, primarily sedge meadow and fen communities. Significant non-wetland communities observed on the site include oak savannahs and a sand prairie. None of these moderate to high quality areas would be directly filled by the project, but most would be subject to occasional inundation during times of high rainfall when a pool was formed behind the berm. Approximately 0.15 acres of wetland near the railroad at the northern end of the project site and under the Randall Road bridge would be filled by a portion of the proposed berm (Exhibit 2) . The channel of Tyler Creek on the project site exhibits natural riffle and pool stream structure, and the creek was rated as a Highly Valuable Aquatic Resource by the Illinois Biological Stream Characterization Work Group in 1989. Natural riffle and pool structure provides valuable habitat for many aquatic life forms, and is characteristic of a relatively undisturbed stream channels. The applicant has proposed to manage the project site by restoring degraded areas within the reservoir. Management of the area would be undertaken by the Kane County Forest Preserve District, whose property at the Burnidge Forest Preserve abuts the western edge of the project site. Management practices used to restore the area would include the removal of debris,,. controlled burning, and fencing to exclude off-road yeti/Cies. A pedestrian path is also planned for the northern portion of the site near the Chicago and Northwestern Railroad tracks. Additional Information: The applicant has applied to the Illinois Environmental Protection Agency for state certification of the proposed work in accordance with Section 401 of the Clean Water Act. The certification, if issued, will express the Agency's opinion that the proposed activities will not violate applicable water quality standards. Written comments concerning possible impacts to waters of Illinois should be addressed to: IEPA, Division of Water Pollution Control, Permit Section, 2200 Churchill Road, Springfield, Illinois 62794-9276 with copy provided to the Corps of Engineers (see below for address) . The IDOT/DWR application is being processed pursuant to an Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois (I.R.S. , Chapter 19, par. 52 et seq.) . Comments concerning the IDOT/DWR permit should be addressed to the Illinois Department of Transportation, Division of Water Resources, Dam Safety Section, P.O. Box 19484, Springfield, Illinois 62794-9484. Mr. Paul Mauer, telephone number 217/782-3863, may be contacted for additional information. Preliminary review indicates that the proposed activity is not likely to jeopardize the continued existence of any species or the critical habitat of any fish, wildlife, or plant which is designated as endangered or threatened pursuant to the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq. ) . Therefore, no formal consultation request has been made to the United States Department of the Interior, Fish and Wildlife Service. Preliminary review indicates that the proposed activity is not likely to adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral �+ needs, considerations of property ownership and, in general, the t� needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. This activity involves the discharge of dredged or fill material into waters of the United States. Therefore, the Corps of Engineers' evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under Authority of Section 404 (b) (1) of the Clean Water Act (40 CFR Part 230) . This notice is being published in compliance with Title 33 Code of Federal Regulations 325.3. Any interested parties and agencies entertaining objections to or desiring to express their views concerning the work must do so by filing their comments in writing no later than 21 days from the date of issuance of this notice. It is presumed that all interested parties will wish to respond to this public notice; therefore, a lack of response will be interpreted as meaning that there is no objection to the permit application. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. Any comments submitted should refer to the Public Notice number shown on this notice, and should be addressed to the District Engineer (ATTN: Regulatory Branch) , 111 North Canal Street, Chicago, Illinois 60606-7206. Mark Matusiak of the Regulatory Branch, telephone number 312/353-8213, may be contacted for additional information. This public notice is not a paid advertisement, and is for public information only. Issuance of this notice does not imply Corps of Engineers endorsement of the proposed project. r Or aures . Evans, . Chief, Construction-Operations Division Attachments (2) NOTICE TO POSTMASTERS: It is requested that this notice be conspicuously and continuously posted for 21 days from the date of issuance. r e ,),,,, ,, ,....* v. 1...,.4..t.../...:,—,,tr.:i")i) vs,'-..' .. —rte` .. ,`� i l,.y, ' '� •Rad+o+w % isip looria 4,0 . 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R Pt.� • i , - Fal :� t )fa:� iii i r so . In t M _ , ,stii 1.\ -�N 00 t ' ,fir' ' .A.••+ • vial u wig . . A, v • ,, ,, .,fvo ..I.. .\cc_ . • t • r. __ • ;• • i• � � , •,iiiiimilit .�7• , , ,. \ I ,. .,i s r • 11 - • • al it, , V .- 1‘ �, \ . so, ., am-... .. 4..,,, . 'i • •• � � fi V ••r�.-, a •i --` + ' � . ` • ; n •1, ' „� •..• : , • � • , i • 4144 itYlf 11‘ •• . .. S i '•'• 0, sr." ...':* ..;',••',. -‘ t '"'"••• 't -. ....4, uttaitl" '4. . is • ' - $• • ••• N .••• 1:`."I`:...4 A held9`'0 es •.. t. .. a ) •• t • •5,.`d ••t •• * • :1 . `•' o0 M 90� "`� o. -`---."—..�_ _AA .,M4 •�, �`--•CU1.• 3. '• •• i • i �.,' • • ,,, 40' F4 SITE PLAN AND WETLANDS DELINEATION TYLER CREEK DETENTION FACILITY 11 f I it 1 I WETLAND AREA as 28.4 ACRES CITY OF ELGIN 4 DECEMBER 1992 1. THE PROJECT IS A DRY BOTTOM RESERVOIR WITH ONE / EMBANKMENT AREA as 4.0 ACRES x0 3'1' UNDATED MULTIPLAIE CULVERT LOW FLOW 2. SPILLWAY CREST ELEVATION IS 822.5 FEET NOW WITH A LENGTH OF 30 FEET. 3. EMERGENCY SPILLWAY CREST IS AT ELEVATION \y G. 827.0 FEET NGVD AND HAS A LENGTH OF 100 FEET. 4. THE VOLUME OF THE EMBANKMENT IS 8.800 CUBIC YARDS. , ,,.,, .0..... --- ... ioo-nut/LOCO roo.-....\ t si. I N.,e--, N...,.,. ...\ / :-1. I [ r TOM COM I I !j • I ���p› pi%) 1.- Piii %if) I 4F-1 1* Aoieo�40 , `, 19 v `Y 11 � If 01 /; VA ' co -i ,.., l I� iir IIL./ /,, _9 II � tno�oaw m►oo.ccr MW I , '`JJI lI' ; ` / 0 ;?0111, lie' ,Ify ___ Glia ei CS En ii I 3 NORTH 0 1 TOM 0111X. auuu• .,c, SCALE: /C-T<H,8141,-,2 ATTACHMENT #2 .'`N1OfDEPARTMENT OF THE ARMYf a,,.,\',1iTi,.,-, CHICAGO DISTRICT, CORPS OF ENGINEERS o� ` 111 NORTH CANAL STREET CHICAGO, ILLINOIS 60606-7206 .\,'_,._.s„„,0,'e REoly TO ATTENTION OF 0 2 MAR 1993 Construction-Operations Division Regulatory Branch 199200557 SUBJECT: Proposed Construction of a Regional Detention Facility in the Floodplain of Tyler Creek, in Elgin, Kane County, Illinois City of Elgin Attention: Mr. James Kristiansen 150 Dexter Court Elgin, Illinois 60120-5555 Dear Mr. Kristiansen: Enclosed are copies of the letters the U.S. Army Corps of Engineers received in response to our Public Notice for the subject project. Various concerns and objections were raised in these letters regarding your proposal which need to be addressed prior to our making a decision on your Department of the Army permit. rft. The United States Fish and Wildlife Service, the United States Environmental Protection Agency, and the Illinois Department of Conservation have requested that your permit application be denied. Specifically, these agencies, as well as many of the respondents expressed concerns that the proposed use of the area as a regional stormwater detention facility would negatively impact the high quality wetlands on the site, lead to the degradation of Tyler Creek, and severely impact the wildlife species that use the area as nesting and foraging habitat. Several of the letters also urge that alternative sites or detention strategies that would meet many of the project requirements, without direct impacts to the Tyler Creek corridor, be investigated. In accordance with the Section 404 (b) (1) Guidelines of the Clean Water Act, this office is requesting that you perform an alternatives analysis to determine if there are practicable alternatives to the proposed project that would have less adverse impact on the aquatic environment, including wetlands. The fundamental precept of the Guidelines is that discharges of -dredged or fill material into waters of the United States, including wetlands, should not occur unless it can be demonstrated that such discharges, either individually or cumulatively, will not result in unacceptable adverse effects on the aquatic ecosystem. The Guidelines specifically require that "no discharge of dredged or fill material shall be emitted if Sig•ItalFq MAR 0 4 lqq 1 CITY OF ELGIN -2- there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR 230.10(a) ) . If it can be shown that less damaging alternatives to the proposed project exist, authorization for the project will be denied. Department of the Army regulations state that there are three general criteria to consider in the evaluation of every application. These include the relative extent of the public and private need for the proposed structure or work, the practicability of using reasonable alternative locations or methods, and the extent and permanence of beneficial or detrimental effects of the proposed structure or work. In addition, full consideration is to be given to fish and wildlife values in evaluating a permit application. In accordance with these regulations, the applicant is provided the opportunity to furnish this office with resolutions or rebuttals to all objections from governmental agencies and other substantive comments. Acceptable resolutions should be submitted to this office so that their objections can be withdrawn. If you decide not to contact the objectors, or are unsuccessful in resolving an objection, you may submit a proposed resolution or a rebuttal. You will be given until March 28, 1993 to attempt to resolve or rebut these objections. Your prompt attention to this matter will enable us to proceed with the processing of your application in a timely manner. Copies of the letter are being sent to the commenting parties to acknowledge receipt of their letters. If you have any questions, or if we can provide any assistance in resolving these concerns or objections, please contact Mark Matusiak of the Regulatory Branch, telephone number (312) 353-8213. Sincerely, aures E. Evan . . Chief, Construction-Operations Division Enclosures (11) eft -3- Copies Furnished (w/o encls.) : IDOC (Schanzle) USFWS (Mengler) USEPA (Cvengros) Valley Creek, Inc. (Hoover) Friends of the Fox River (Reese) Office of the Mayor, Elgin IL (Van De Voorde) Mr. Drew Ullberg Ms. June D. Keibler Dr. Rodney L. Walton Ms. Susan F. Harney Mr. William S. Burnidge r • Illinois Department of Conservation eft Manning rector life and land together *in W. Comerio 3puty Director UNCOLN TOWER PLAZA • 524 SOUTH SECOND STREET • SPRINGFIELD 62701-1787 CHICAGO OFFICE • ROOM 4-300 • 100 WEST RANDOLPH 60601 uce F.Clay ;sistant Director February 2,: 1993 Mr. James E. Evans, P.E. Chief, Construction-Operations Division Department of the Army Chicago District, Corps of Engineers 111 North Canal Street Chicago, Illinois 60606-7206 Re: 199200557 Dear Mr. Evans: Reference is made to the application by the City of Elgin for a Department of the Army permit authorizing the discharge of fill r material into wetlands of Tyler Creek in conjunction with the construction of a regional detention facility. The proposed activity is located in the northwest quarter of Section 9, Township 41 North, Range 8 East, Kane County, Illinois. As you are awarethis project was first released for public review in 1987 and precipitated several meetings and discussions between the City of Elgin and the reviewing agencies. In an October 4, 1988 letter to your agency, then-Director Mark Frech of the Illinois Department of Conservation noted "the project still involves a great deal of alteration to an existing high quality stream, the results of which may not be immediately apparent. As development continues in the Tyler Creek watershed, flood frequencies, sediment transport, and other physical parameters can be expected to change, and with them the influence of the detention facility on the stream and riparian areas. In the final analysis, we believe the stream environment can only be protected by the creation of any needed detention areas offstream and the maintenance of an undeveloped riparian zone. " Although the design of the facility has changed significantly since 1988 (the proposed embankment is located farther downstream, the rerouting of 950 feet of stream channel has been eliminated, etc. ) , the Department remains most concerned about its potential adverse impacts on the stream and adjacent riparian areas. As is noted in your agency's January 18, 1993 Public Notice, Tyler., Creek was r identified in 1989 as a "Highly Valuable Aquatic Resource" by the Biological Stream Characterization Work Group. The stream supports populations of sensitive fish species such as smallmouth bass and Mr. James E. Evans, P.E. rPage Two northern hogsucker in addition to various minnows, shiners and darters. Construction of the facility will result in immediate impacts to the stream's fishery in the form of siltation resulting from the placement of fill for the embankment, disturbances by heavy equipment and clearing of existing vegetation. Alteration of the stream's sediment transport capacity may result in silting-in of the channel and the subsequent deterioration of habitat for many of the less tolerant fish species. High velocity flows through the culvert following storm events may in the long term cause scour problems downstream in addition to disrupting fish migration. In addition to the facility's likely adverse impacts to the fishery of Tyler Creek, we remain concerned about its potential effects on adjacent wetlands and other riparian areas. As water is backed up behind the embankment during frequent flood events, it can be expected to alter the hydrologic regime of existing plant communities and possibly lead to changes in their vegetational composition. Silt transported by flood flows will settle out of the impounded waters, potentially blanketing vegetation upstream from the embankment. Over time, we would anticipate that sensitive plant communities located upstream from the embankment and subject to inundation will be replaced by vegetation having wider environmental tolerances. Finally, we note that the purpose of the facility is to "eliminate the detention requirements of future developments downstream of the project site. " Although this maybe desirable from the developer's point of view, individual small detention basins would have less direct impact to the stream and might enhance its overall quality by absorbing some of the sediment and other pollutants introduced by development in the watershed. Further, we are concerned that the existence of the detention facility may itself tend to promote future development in the stream corridor. Although the Department acknowledges the applicant's efforts to minimize the adverse effects of the proposed facility, we remain convinced that the project will result in unacceptable adverse impacts to Tyler Creek and adjacent riparian areas. Accordingly, we must recommend that this permit not be granted. Sincerely, Robert W. Schanzle Permit Program Manager Impact Analysis Division r RWS:rs 2-02(93) cc: DOWR (Mauer) , IEPA (Yurdin) , USFWS (Rogner) , USEPA (Cvengros) t to • • c.+►\���I� TA , J; yp United States Department of the Interior FISH AND WILDLIFE SERVICE imommimin 4�-'PL .9 Chicago Metro Wetlands Office em " 1000 Hart Road-Suite 180 IN REPLY REFER TO: Barrington,Illinois 60010 FWS/AES-CIFO 708-381-2253 February 10, 1993 LTC David M. Reed, District Engineer U.S. Army Corps of Engineers Chicago District 111 N. Canal Street Chicago, IL 60606 ATTN: Mark Matusiak, Regulatory Branch Dear LTC Reed: This is in response to your request for comments regarding permit application number 199200557, as contained in the public notice dated January 18, 1993. The applicant, the el" City of Elgin, proposes construction of a large earthen berm in the floodplain of Tyler Creek to create a regional detention basin. As you know, a similar project was proposed in a public notice dated April 13, 1987. The Service (our Rock Island Field Office) provided comments dated September 11, 1988 offering no further objection to issuance of a permit. In the intervening years, considerable correspondence, investigations, and changes to the plan resulted from this initial public comment period. Based on our review of the information provided in the current public notice, the report entitled Tyler Creek Detention Project, Wetland Delineation ci Stream Survey, dated May 1991 (the report), the Service's file for the previously proposed project, and a field inspection of the site, we offer the following comments. We acknowledge the efforts by the City of Elgin to modify their plans to accommodate the natural resource concerns brought forth by several agencies, including the Service. Significant changes appear to have been made to reduce the direct impacts of the project to the natural resources of the area. Based on the May 1991 report and new hydrologic information contained in the current public notice, however, we have several concerns regarding the current proposal. The May 1991 report indicates that 252 native plant species were recorded at the project site. The Natural Areas Rating Index was calculated at 70.78. This indicates that this is an area of exceptional diversity and floristic quality as noted in the report. Our site thspection rrevealed that several calcareous seep areas were present and probably included many of the more conservative species recorded on the site. The report also indicates the presence of a .. LTC Reed 2. sand prairie. Thus, the area contains plant communities that are increasingly rare and of profound importance as natural areas in a regional context. Essentially, the May 1991 report confirms the previous informal assessments of the vegetation in the area. Direct and/or indirect impacts to these communities are not mitigatable. Collective agency experience since 1987 indicates that the technology or ability to replace such a plant community does not exist. The relocation of the berm presumably changed the resulting hydrology based on differences in land area, topography, etc. Furthermore, data for storm events more frequent than a "5- year event" were not previously provided. According to the public notice, the proposed berm would create a pool of water approximately 5-10 feet deep over most of this area for a ' "2-year" storm event. Apparently due to the increased surface area, the 100-year event water elevation is only 4 feet higher than the 2-year elevation. It is the impact of the 2-year event under the proposed condition that concerns us. If indeed, 10 feet of water will inundate the area for 26 hours for every 2-year or greater event, it will essentially drown the unique plant communities present. While we cannot point to any specific data, it is our observation that this frequency and level of inundation will cause a shift in the plant community composition to those species that can thrive with fluctuating water levels, siltation, and other disturbance. Those species currently present are adapted to seasonal water level fluctuations and little siltation. Previous analysis by Guillou and Associates admits that a 0.6mm film of sediment will be deposited on the vegetation, when a pool forms behind the berm. We see no basis for his assertion that this will not significantly affect the health of the conservative plant species known from this area. In addition to the described wetland plant communities, the site contains several ridges and knobs vegetated by a degraded oak/hickory savanna plant community. Based on the local intolerance of the oak and hickory species to anaerobic conditions, we believe that these communities would also be adversely impacted. The structural diversity offered by the sedge meadows, seeps, shrubby areas, and oak/hickory knolls provides valuable wildlife habitat for a variety of migratory birds, small mammals, amphibians, and reptiles. Many of the birds that likely use the site would nest in the shrubs and in the sedge meadows and grassy areas. Ten feet of inundation in this floodplain would certainly impact bird nesting by nest damage, egg damage or even direct mortality. Thus, while a definitive bird survey has not been done, the habitat present suggests that the proposed project would result in unacceptable impacts to bird nesting success. Similar impacts to small mammal, amphibian, and reptile nesting could be expected. While wildlife has allways been subject to natural catastrophes such as floods, historically these occurred very infrequently. This project would in effect simulate such r, catostrophic events on a 2-year recurrence interval, or perhaps even more frequently (no data have been provided for more frequent storm events). This is not a natural disturbance regime, and we believe it is unacceptable. LTC Reed 3. Although the design of the facility has been altered to reduce direct impacts to the stream channel, some concerns remain regarding project impacts on aquatic resources. As noted in the public notice, Tyler Creek was rated as a "Highly Valuable Aquatic Resource" in the Illinois Biological Stream Characterization study published by the IEPA in September 1989. Natural riffle and pool structure provides valuable habitat for many aquatic life forms and is characteristic of a relatively undisturbed stream. Indeed, several fish surveys and a Stream Survey in the May 1991 report demonstrated that this stretch of Tyler Creek supports diverse aquatic life. Consistent with other agency concerns, we believe that the pool created behind the berm with every two year event will result in significant siltation of the stream channel, • and the velocities below the structure will cause scouring. The culvert slope was adjusted to accommodate fish passage and reduce velocities under the previous project proposal. It is f not clear whether these considerations will be applied to the relocated structure. Further, we believe that a concrete wall has been proposed to act as an energy dissipator just downstream of the culvert. This would not seem to allow for any fish passage or maintenance of the downstream channel bed, both by virtue of the stream velocities and the physical bather provided by the dissipator. A specific concern is the potential for impacts to fish fry if flooding accurs during the fry r stage. Fry are relatively immobile and typically seek refuge in quiet water along channel margins or where in-stream vegetation or other structure provides shelter. Flooding at this stage would likely cause dispersal of fry into flooded areas remote from the stream channel, where they would likely be stranded as the water rapidly receded back into the channel. Again, the signifcance of this impact is that it would be chronic instead of occassional. Finally, we note that despite statements to the contrary by the consultant, review of the file materials and the public notice indicates that the purpose of the project is to provide detention for new subdivisions downstream of the facility. Although this may be desirable from the developer's perspective, individual detention basins would have less impact to Tyler Creek, and would likely enhance its water quality. In summary, we believe that the proposed project will cause unacceptable impacts to the plant communities, wildlife habitat, and aquatic habitat present. The recommendations in the report (May 1991) regarding multiple use conflict resolution and sensitive design are sound principles, but there is no evidence of implementation of these ideas. As stated on page 12 of the original Supplemental Report (Guillou and Associates, December 1986), "the detention project is one more of a long series of events that gradually modify the ecologic areas and activities of the flood plain." Therefore, based on new information and the current proposal, we recommend denial of the permit application. We concur with your findings that the proposed project is not likely to affect"any federally listed endangered or threatened species. This precludes the need for further action on the project as required under the Endangered Species Act of 1973, as amended. Should project r. LTC Reed • 4. modifications or new information indicate that endangered or threatened species may be affected, consultation should be initiated. This letter provides comment under the authority of, and in accordance,with, the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). If you have any questions, please contact Mr. Jeff Mengler or Mr.'John Rogner at 708/381-2253. %); • Sincerely, 6)e' 4A Ben N. Tuggle, Ph.D. Field Supervisor cc: USEPA, Cvengros IDOC, Schanzle 'EPA, Yurdin City of Elgin r 400 374%. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY I T1 REGION 5 77 WEST JACKSON BOULEVARD A.t' CHICAGO, IL 60604-3590 REPLY TO THE ATTENTION OF: FEB 17 703 WQW-16J Lieutenant Colonel David Reed District Engineer U.S. Army Corps of Engineers Chicago District River Center Building 111 North Canal Street, 6th Floor Chicago, Illinois 60606 Reference: Public Notice Application No. 199200557, Applicant- City of Elgin, Kane County, Illinois Dear Colonel Reed: This is a letter in response to your request for comments on a Public Notice dated January 18, 1993. The applicant proposes to discharge fill material into 0.15 acres of wetlands for the purpose of creating a regional detention basin that would consolidate stormwater at a single site, rather than in a number of smaller basins downstream of the site. The 86 acre project site contains approximately 28.4 acres of jurisdictional wetlands, including several large areas of sedge meadow, willow thicket, fen and sidehill seep community wetlands adjacent to Tyler creek. Tyler creek is a important environmental corridor that encompasses a large ecological community. A biologist from the Wetlands Regulatory Unit has had an opportunity to walk and investigate the site. This site is an interspersion of wetlands located along a meandering creek complex. The floristic quality of the site accompanied by an assortment of aquatic and terrestrial wildlife species makes this an unusual ecological community within northeastern Illinois. This section of Tyler creek, proposed for fill and retention, exhibits a natural riffle and pool stream structure. Riffles are characterized by the rapid movement of water over a coarse substrate that results in a rough flow, a turbulent surface, and high dissolved oxygen level in the water. Pools are characterized as deeper areas associated with riffles that encompass slower movement in water velocity, smoother surface flow and a finer substrate. Riffle/pool complexes are particularly valuable habitat for both macro/micro invertebrates, fish and an assortment of terrestrial wildlife. Tyler creek was rated as a Highly Valuable Aquatic Resource by the Illinois Biological Stream Categorization Work Group in 1989. Printed on Recycled Paper 2 The discharge of fill material into this special aquatic resource (S230.45 of the 404 (b) (1) Guidelines) will eliminate the riffle and pool areas by displacement, hydrologic modification and sedimentation. This benthological modification/conversion will affect the riffle/pool ratio and may reduce aeration and filtration capabilities that potentially could retard the population of aquatic organisms at the discharge site and downstream waters. Our agency believes that by altering the hydrology/floodplain of Tyler Creek and adjacent wetlands will result in a degradation of the aquatic ecosystem. The construction of this facility would result in an increase sediment load being deposited within the basin of the proposed structure. Sediment deposition accompanied by the transportation of upstream nonnative seeds (reed canary grass/purple loosestrife) has the potential to deteriorate this high quality riparian habitat. The U.S. Environmental Protection Agency requests denial of this proposal based upon the potential for adverse impacts to occur upon the biological characteristics of the aquatic ecosystem. This proposal does not comply with Section 230.10 (c) of the Clean Water Act. Section 230.10 (c) states that no permit shall be issued if the proposed fill would result in the degradation of the waters of the United States, including adverse impacts upon aquatic ecosystem diversity and habitat. Thank you for the opportunity to comment on this proposal. If you have any questions, please contact Robert Cvengros at (312) 886-2785. Sincerely yours, \NQ"k-- ctrA DouglaslEhorn Chief, Wetlands and Watershed Section cc: John Rogner, USFWS, Barrington, Illinois Bob Schanzle, IDOC, Springfield, Illinois VALLEY CREEKf-\ ' VALLEY CREEK of ELGIN, ind. • 574 North McLean Blvd. • Elgin, IL 6013 Telephone 312.695.6900 January 27, 1993 Mr. James E. Evans, P.E. Chief-Construction-Operations Div. Department of the Army Chicago District - Corps of Engineers 111 North Canal St. Chicago, IL 60606-7206 Dear Mr. Evans: This letter is in response to Public Notice 199200557 regarding the proposed Tyler Detention Facility that is to be constructed on Tyler Creek just west of Randall Road. Valley Creek of Elgin is the developer of residential lands east of Randall Road and downstream of the detention project. As developers of land that is eligible for inclusion, we have elected to contribute funds toward the construction of the regional detention facility in lieu of providing storm water detention upon the lands that we are developing. The City of Elgin has adopted a very fair means of assessing eligible devel- opers who elect to be included in the coverage of the regional facility. We believe that allocating our detention storage funds to the regional pro- ject has saved us money, though not a lot, but more importantly it has _allowed us to prepare a model subdivision that is not blemished by a series of small , unsightly and dangerous storm water impoundments. Our subdivision, which includes 500 plus acres, lies on both sides of Tyler Creek and extends some 4,500 feet easterly of Randall Road. We have made specific provision for the hiking and bicycle path that is proposed to connect the lands of the reservoir with the Tyler Creek Forest Preserve which is located adjacent to the campus of Judson College and the Fox River. From the personal point of view, let me say that the project lands were purchased from relativesof mine who had anticipated the development of family estate-type residences on most the the property. Numerous parcels of land were brought together, one at a time, so that eventually there was a truly admirable accumulation of virtually virgin bottom land, areas of oak forest, and of upland grasses. .• Mr. James E. Evans, P.E. Chicago Dist.-Corps of Engineers 1/27/93 -2- There is no question of the appropriateness of forever holding those lands for the benefit of the citizens of the region, while very infrequently flooding bottomland parts of the property for detention storage purposes. We do strongly support the development of the project. I will be pleased to provide additional information if that would be helpful to your deliberations. Sincerely, �Cf Jerry Hoover President mch r • • „itomi FRIENDS 0 F THE FOX RIVER P . O . Box 1478 Elgin , Illinois 60121 ale February 6, 1992 BoardOfroct Dia Aad.rso.,Ptarsrw Oars Anderson i Associates Jacob I.ltlrrky.Student Illinois Environmental Protection Agency High School Divi=-ion of Water Pollution Control Jae Gotd.chmIdt,Pres:dirt LA.GoascnmatAssociates c/o Thomas McSwiggin , Permit Section Susan Niamey.Trate. Village of Sleepy Hollow Joh*Hopkins Illinois Department of Transportation Miming andeeveboment Division of Water Resources Frsxard.he. BU Kaska c. ter Paul Mauer , Dam Safety Section Senior Yee President satety'w«'c°r°' US. Army Corps of Engineers Br.John K.Langwn.President Business Economics.Inc. Attn : Regulatory Functions Branch Brook McDonald c/o Mark Matusiak Nfatteskst Wheaton.IL BU McGrath.Attorney Subject: Permit Application # 199200557 City of Batavia Mark A.Nickel CFO Sampwr Publications,he. CcPh„sr•President Dear Mr. McSwiggin , Mauer, and Matusiak : Fright Productions.Irv.. k Reese President.Executive Director The Friends of the Fox River strongly object to the Friends of the Fox'WV Gary Snick.M.S.Ed. above referenced permit application . This project , in school District 3OO add -tion to violating the U. .. . EPA Section 404 ( h ) ( 1 ) LenarSs Ward'slmeer guidelines, is appallingly indifferent to maintainin_; the AG Ccmr:,u+catans.k+e. quality of the Tyler Creek environment and the public Doug Williamson.Owner health and safety, especially in the area of t h e Learner SiPport Programs proposed construction . Board of Advisors Jen Dem Sizenntendorn The guidelines require that applicants attempt to avoid Kane County impacts, especially in the case where special aquatic Forest Preserve District c -: iii such as wetlands are involved. This proposal Carolyn Johnsen -- `` Water QuarrtyAdvisor. involves providing detention capacity to compensate for Waukesha University o ms s,,, residential and commercial development . Conventional Cooperative Edenton procedures would call for the creation of a detention Robert anner NOrV+easst.mMnors facility at Or near the site of the deve1c. ent , as the Naming Commission development occurs. The current proposal deviates from John J.GIL AVorney John J.GISAssociates this procedure in three ways, all of which are harmful Sam Small }o the slaters of Tyler Creek , and indeed the entire Director terarrr Kanwatershed ecosystem: Kane Brad S.m.t Certified WNW*asogvrst Fir=.t , this project calls for in-line detention , 'whir h McGraw MOO Foundation - - KevtnstaeceS.*tanner means that the stream itself would be inundated with Open Lands Project poisoned rainwater runoff during storm events , ry �� ~ ' wanner =.:ojecting aquatic organisms to prolonged contact with dun Department of Natural polluted water , and smothering aquatic habitats with R woes Susan Sylvester ircreased Cedimentation loads from new construction sites. US Environmental Protection Agency.Retort V - Dr.Banjorins Tao. 1 printed on recycled paper t Fold Swerve*, ce tuChicago and Weald* °s.rvc. ..forming partnerships in land and water conservation • • Permit Application # 199200557 2-6-93 Second, the detention would occur relatively distant from the site of the developments. More importantly, most of the inundation would occur upstream, in headwater areas, where the stream ecosystem is more fragile and vulnerable to fluctuations in water levels and flows, causing in-stream erosion and loss of habitats. The site of the proposed project is located at stream mile 4.7, on a stream 17.7 miles long . If used for detention purposes, citizens living downstream as well as citizens moving to the upper watershed to enjoy a clean stream will ultimately experience a degraded stream corridor and new health and safety risks due to increased levels of pollution and fluctuating water levels after the watershed develops. Tc rb , this proposal requests that a regional facility be permitted ' in order to provide a single large facility to compensate for past aid future construction over a large area of the watershed . In other words, the applicant is asking for permission to destroy a large area of riverine wetland and place an even larger area of a sensitive and rare ecosystem in jeopardy in order to compensate for actions not yet taken. The logical alternative to this proposal is the construction of rsmaller, local detention facilities; on site, as they are needed to compensate for specific projects . In addition to destroying 28 acres of wetland , the construction of this project would eventually result in the degradation of many more acres of wetlands upstream, as fluctuating water levels upset the natural hydrologic regime of this system. This area contains examples of some of the rarest and most important wetland types remaining in Illinois. The fact that this stream is rated as a Highly Valuable Aquatic Resource by the State of Illinois attests to the ssignificance of this area. A further impact of this proposal would be to place the oak savana and prairie remnants in peril by tampering w.th the area ' s hydrology. This ill-conceived project should not be permitted . It' s construction would result in the direct destruction of large areas of valuable, rare wetland . The long-term indirect effects would destroy much of the value of the associoated stream and wetland communities in the watershed , as well as other significant upland communities. There is no demonstrable need for this project as required by law. Much of the construction it is designed to cic com ayep :u be reaiized , and at any rate, oetter and less destructive alternatives_ exist. If necessary, we request a public hearing to faciliate public rdebate and demonstrate community interest in protectir.evthis ecosystem. Permit Application # 199200557 2-6-93 Finally, we specifically ask that you provide a guidance letter to the City of Elgin and all other jurisdictions within the Fox River watershed for future projects by indicating your determination to achieve the nonpoint source pollution control goals of the 1987 Clean Water Act Amendments, by communicating your dissapproval of discharging stormwater directly into neighborhood waterways without first providing adequate off-line detention to collect and filter polluted runoff from developed areas. As evidenced in this application , the City of Elgin , typical of many jurisdictions , is not responsible to its own citizens living along neighborhood streams or to communities downstream. It has not adopted a Soil Erosion and Sedimentation Control Ordinance for new construction sites , nor does it have a meaningful Stormwater Management Ordinance in place. We are emuarased that those who are elected and hired to serve the best interests of citizens continue to put forward such arrogant and cavalier proposals , and have learned nothing about water resources management--sensible development practices and respect for the environment . Your guidance and leadership is needed now and would save everyone r a lot of trouble and money , as well as enable sustainable _cmrruni ties . Sincerely, Patriot: Ree=_e, Executive Director Friends of the For. River, Inc . (708) 741-1124 c : Dr. Ben Tuggle, U.S . Fish and Wildlife Service Bob Schanzle, Illinois Department of Conservation Dr. Rodney Walton , Friends of the Fox River Phil Bus, Director , Kane County Development Department Mayor George Van De Voorde, City of Elgin Ed Kelley , Executive Director, Elain Area Chamber of Commerce Boo Arnet , Larkin Hign School `tarty Kellums, Elgin High School Win Sawlis , Abbott 'Middle School • Mat Baron , George Houde, Paul Kelma - Copley Press v it of E[c ��/11(1 t“14 Tri q/ eJfayot 150 DEXTER COURT n �iy ELGIN, ILLINOIS 60120 7qe rd �G G�Qoide PHONE MAYOR 708-695-6500 January 27, 1993 Mr. James E. Evans, P.E. Chief, Construction-Operations Division Chicago District, Corps of Engineers 111 North Canal Street Chicago, IL 60606-7206 eft Dear Mr. Evans: We are pleased to receive our copy of Public Notice No. 199200557 which relates to our Tyler Creek Detention Project. The City Council has strongly favored this project ever since the initial survey report was accepted about fifteen years ago. That report contained the following guideline statement: "For compatible joint use to exist, it is essential that most of the land utilized for temporary flood storage not be spoiled for natural values . " The City of Elgin has been faithful to that guideline. The project as now proposed provides adequate detention storage for hundreds of acres of residential development; will maintain in perpetuity the open space values of over 80 acres of timber and creek wetlands; and will further provide hiking and walking paths for the enjoyment of all the citizens of our area. The City of Elgin will maintain and operate the water control features of the project, and the Kane County Forest Preserve District will operate and up-grade the open space areas. We have received excellent cooperation from the Kane County Highway Department relative to the use of parts off. their rights of way, and the project concept has received public acclaim as an outstanding example of appropriate merging of water detention requirements with full recognition of environmental values. r rk Mr. James E. Evans, P.E. January 27, 1993 Page 2 The program is being funded by a grant from the State of Illinois, monies of the City of Elgin, and very substantial monetary contributions by developers of land who are benefitting from relocation of required detention storage. I am pleased that the project has advanced to the present point of accomplishment. I assure you that the City of Elgin anticipates moving forward with the project in an expeditious manner. Please assist your staff in coming to a speedy and favorable decision. Yours very truly, CITY OF ELGIN „4„,g6e.ad., George an De Voorde Mayor do CIO72e/-4(_ Mr. Drew Ullberg 5539 North Central Chicago, IL. 60630 LTC David Reed District Engineer ATTN: Regulatory Branch US Army Corps of Engineers 111 North Canal Street Chicago, IL. 60606-7206 February 7, 1993 Dear LTC Reed, This letter is in response to the Public Notice for permit application *199200557 which details wetland fill activities associated with the City of Elgin's proposed regional detention facility located on Tyler Creek. The applicant proposes to permanently fill approximately 0. 15 acres of wetland for the construction of a berm to retain stormwater. This direct impact to the 28.4 acre wetland complex is not extensive, however the indirect and long-term impacts to the overall plant communities present would be far-reaching and permanent. I've prepared this letter to express my objection to the project. The Public Notice mentioned the presence of high quality wetlands, primarily rft. sedge meadows and fen communities within the area to be infrequently flooded by the project. Conversion of land to urban developments throughout northeastern Illinois has made these specific communities exceedingly rare. Illinoisans cannot afford to lose any more of it's natural heritage simply for storm water storage. I'm opposed to the selection of this site for the project and after examining a topographic map believe there are other highly disturbed reaches of Tyler Creek which could accommodate the facility. Construction of the berm and control structure will allow 10 feet of water to inundate portions of the wetland complex for 26 hours following a 2-year storm event. This water stacking will have deleterious effects on the unique vegetation in the project region and in the Public Notice it is unclear if the applicant has addressed this issue. Research conducted by your agency's Waterways Experiment Station indicates prolonged inundation of woody hydrophytic vegetation has detrimental effects. Are the effects on sedges or fen species similar? To fully evaluate the project, the applicant should provide you project specific information on calculated water depth-to-plant survival ratios, predicted siltation and turbidity rates, salt and pesticide accumulation and associated impacts to both plant and animal communities present. With regard to biota present, I request that the applicant provide detailed information, through an unbiased source, on the mammals, reptiles, fish and amphibians present across the site. Though no threatened or endangered plant species have been recorded in the proposed project basin, the floristic quality indicates these areas could support rare animal species. . , • Letter to LTC David Reed February 7, 1993 Public Notice 199200557 Page Two Adverse impacts related to the project need to be addressed, as well as compensatory mitigation provisions. No mention of wetland mitigation is made in the Public Notice. "Recognizing the floristic quality of the site and potential impacts through water stacking and siltation, the City of Elgin should provide in-kind mitigation for ttie:total acreage impacted by fill and stored water, if the project is fiermitted. ' Construction of this project will create permanent adverse impacts to a valuable and complex aquatic ecosystem. • I object to this project based not only on the lack of scientific data present, or made publicly avaiiabi e, but also in light of practical considerations. The project is termed a "regional detention facility", and my question is "Who will be the benefactors of the project?" Apparently, downstream developers not the general public. Quoting the Public Notice, .. this facility wound eliminate the detention requirements of future developments downstream. . .". Essentially public monies would be expended on a project destined to benefit private interests. If State monies are to be used in project funding, then your agency should ensure the applicant abides by all pertinent State wetland laws. It is possible that when downstream water storage concerns are reduced or eliminated, developers will take advantage of the situation by proposing subdivisions that encroach upon the Tyler Creek floodplain. Floodplain eft. encroachment will further exacerbate flooding even further downstream. This scenario would create a domino effect where downstream communities would then require flood control structures. The detention capacity proposed by this project should be provided in subdivisions proposed by developers downstream, not in one publicly funded project which is not intended for flood damage reduction. As presented, the applicant is proposing a project contrary to the interest of the public within, and beyond, Elgin. • Recognizing that urban development in Kane County is progressing ever westward, what guarantee has the City of Elgin made ensuring that the proposed facility will not someday be converted into a reservoir for flood water abatement? Is it possible that approval of this small project will only lead to plans for a large- scale flood control facility at the same location? I feel your agency should request more information on this matter. Finally, practicable alternatives to the proposed regional detention basin should ybe addressed in accordance with the USEPA's Clean Water Act Section 404(b)(1) Guidelines (40 CFR Part 230). Thank you for reviewing my concerns. I will be in touch with your staff regarding this permit application. Sincerely, 4??./!//////,' Drew Ullberg cc: John Rosner, USFYS Sob Cvengros, USEPA February 7 1993 District Engineer 111 North Canal Street Chicago, Illinois, 60606-7206 Attn: Regulatory Branch Ref: Application No. 199200557 To Whom It May Concern: I have serious reservations about the proposed detention basin in the Tyler Creek floodplain. First of all, will the large increase in water coming into the basin negatively impact the natural riffle and pool stream structure that is so important to the survival of diverse native aquatic species? Several species of native fish found in Tyler Creek, uncommon or missing altogether from less high quality streams, should not be jeopardized by this project. This stream is perhaps one of the best natural streams, if not the best, in Kane County. Every effort should be made to enhance the natural integrity of this stream, not destroy it. I am equally concerned about the other high quality wetland communities, fen, sedge meadow and seep, so rare in our county as well as our state. The storm waters that will flow into this basin will contain excess nutrients and contaminants that cannot possibly be identified prior to use as a detention basin. Therefore, these pollutants cannot be fully evaluated for the negative impact they will have on the rich flora and fauna of the high quality natural communities. We should allow no more destruction or degradation of our rich natural communities. These communities are too important to risk on the uncertain effects of this drainage basin. Inundation, even for a short time, may also negatively impact the insect(butterfly) populations of this area. Please give very careful consideration to this project and do not allow any degradation, regardless of how minor it may appear, to any of the communities of the Tyler Creek Floodplain. Thank you. Sincerely, -11.-44-14/2) June D. Keibler 17N415 Ranch Road Dundee, Illinois 60118 Rodney L. Walton, Ph.D. 9 Devonshire Circle Elgin, Illinois 6 012 3 (708) 695-2037 U. S. Army Corps of Engineers District Engineer Regulatory Functions Branch 111 North Canal Street Chicago, Illinois 60606-7206 February 5, 1993 , c/o Mark Matusiak Subject: Permit Application *199200557 Construction of Regional Detention Facility on Tyler Creek, Elgin, Illinois. Dear Col. Reed: The purpose of this letter is to object to the above referenced permit application. This project, in addition to violating the U.S. EPA Section 404(b)(1) guidelines, is appallingly indifferent to the environment in the area of the proposed construction. The guidelines require that applicants attempt to avoid impacts, especially in the case where special aquatic sites such as wetlands are involved. The instant case involves providing detention capacity to compensate for residential development. Conventional procedures would call for the creation of a detention facility at or near the site of the development, as the development occurs. The current proposal deviates from this procedure in three ways, all of which are harmful to the waters of Tyler Creek, and indeed the entire watershed ecosystem. Firstly, this project calls for in-stream detention, which means that the stream itself would be inundated during storm events, subjecting aquatic organisms to prolonged contact with potentially polluted water, and resulting in an increased sedimentation load. Secondly, the detention would occur relatively distant from the site of the developments. More importantly, the inundation would be upstream from the development, where the stream ecosystem is more fragile and vulnerable to fluctuations in water levels and flows. Thirdly, this proposal requests that a regional facility be permitted in order to provide a single large facility to compensate for past and future construction over a large area of the watershed. In other words, the applicant is asking for permission to destroy a large area of wetland and place an even larger area of a sensitive and rare ecosystem in jeopardy in order to compensate for actions not yet taken. The logical alternative to this proposal is the construction of smaller, local detention facilities; on site, and as they are needed to compensate for specific projects. r F In addition to directly destroying 28 acres of wetland, the construction of this project would eventually result in the degradation of many more acres of wetland upstream, as fluctuating water levels upset the natural hydrologic regime of this system. This area contains examples of some of the rarest and most important wetland types remaining in Illinois. The fact that this stream is rated as a Highly Valuable Aquatic Resource by the State of Illinois attests to the significance of this area. A further impact of this proposal would be to place the oak savanna and prairie remnants in peril by tampering with the area's hydrology. This ill-conceived project should not be permitted. It's construction would result in the direct destruction of large areas of valuable, rare wetland. The long-term indirect effects would destroy much of the value of the associated stream and wetland communities in the watershed, as well as other significant upland communities. There is no demonstrable need for this project as is required by law. Much of the construction it is designed to accompany has yet to be realized, and at any rate, better and less destructive alternatives exist. Finally, I must say that as a resident of the City of Elgin, I am embarassed that those who were elected or hired to serve the best interests of the city's citizens would put forward such an arrogant and cavalier proposal. I am chagrined that my city government has learned nothing about sensible development or respect for the environment. Sinc ely yo rs, eat, Dr. Rodney L. Walton • Susan F. Harney 1218 Timber Dr. Sleepy Hollow,IL 60118 Feb. 7, 1993 District Engineer 111 North Canal St. Chicago, IL 60606-7206 Ref. Application /199200557 To Whom It May Concern: Enclosed are copies of two letters faxed to your office on Feb. 7, 1993. It is my understanding that Feb. 7 was the final day for public comment on the above referenced application. I have mailed both copies for purposes of clarifcation. Please attach them to the original fax and review them before granting a permit for application /199200557. Please do not grant this permit without requiring substantial revisions in the plan. Sincerely, Susan F. Harney r February 7, 1993 District Engineer 111 North Canal Street Chicago, IL. 60606-7206 Attn: Brian Smith Ref. Application /199200557 Dear Mr. Smith: I am deeply concerned about the impact of the above referenced project upon the high quality wetland, fen and sidehill seep communities that exist in this area. I cannot believe that regular inundations of storm water runoff will do anything but harm these communities. This area routinely ' receives so called 100 year storms. It seems they fill the 100 year basins regularly. Much of the drainage basin is also extremely hydric and with development the groundwater is diverted into detention areas thus increasing the duration and quantity of runoff. The harm may not be immediate but will be irrevocable because of the tremendous development pressures we are experiencing here. It is important to note that despite of all the paper work and lip service, regulations governing runoff and siltation are inadequate and inadequately enforced during construction throughout the county. Kane County has made no progress on implementing a regional storm water plan and the city of Elgin, like most municipalities, completely disregards problems its plans may cause surrounding communities. Finally, I am concerned about the size of the drainage basin which would be direceted into this detention pond. It would seem that a series of smaller detention areas would do more to return water to the water table than one massive area which would send more storm water into the Fox River. Given the contamination of runoff with herbicides, pesticides, silt and street runoff it would seem far better to spread out the water in a series of detention areas. Please scrutinize this project with the greatest care and make sure that the long term interests of the citizens of Illinois to preserve the few, valuable, biotic resources that remain are given precedence over the short sighted and short term needs of development. Sincerely, 71/ if san F. Haney 1218 Timber Dr. Sleepy Hollow, IL 60118 _ _- _= ;_:114:09 I D:ENV I RO MEHTAL E'E TEL NO:7087904083 14645 P01 p\AAL-\(. VIA FAM 312/353-2141 US Army Corps of Engineers Febnsey 8, 1993 Chicago District 111 N. Canal Street Chicago, Illinois 60606-7206 Attention: LTC David Reed District Engineer Regulatory Branch Subject: Response to Public Notice Tyler Creek Regional Detention Facility, Elgin Application No. 199200557 Dear LTC Reed: Please consider the following observations and suggestions in evaluating the proposed Tyler Creek Regional Detention Facility in Elgin. These observations and suggestions are based upon personal familiarity with the area, communications with your staff as to the quality of the area r and the details of the proposed project, and my experience as a professional wetland consultant in the Chicago area. Although the proposed inundation duration at the 2 year flood frequency event is short, the chance for a cumulative inundation duration exceeding the given 26 hours due to several high frequency storms occurring in succession must be adequately addressed. It is also my understanding that the level of Tyler Creek is normally at the 812.0 contour and that the flood of record reached the 813.0 contour. Under the proposed conditions the water at high frequency storm events would be approximately 10 feet higher than it has been at historic low frequency events. Such an increase in the depth of water inundating the area at a relatively high frequency compared to much lower levels at historic low frequency events can hardly fail to effect the area, and, given the high quality of the area, effect it adversely. Conversely, even if the depth of water proposed were shown to be harmless, the potential damage from moving such a great volume of water through this area must be addressed. Scouring and erosion, even in such a flat landscape, can be a problem given the velocity that such a volume of water will have to move at in order to fill and then retreat from the area in 26 hours. These comments apply equally to the wetland and upland areas that would be effected by the project. The proposed project would effect a large portion of a fairly contiguous natural landscape consisting of forests, open fields, wetlands, and a significant creek existing between Randall Road on the east, Big Timber Road on the north, Coombs Road on the west and Highland Avenue on the south. It is one of the largest such contiguous landscapes of which I am aware. The control of much of this area by a campground, a forest preserve, a Boy Scout Camp, and a corporate complex coupled with the potential addition of several farms within the area to the forest preserve system largely protects it from future development. As such, the functional value 14:10 ID:ENVIRONMENTAL S/E TEL NO:7087904083 =_43 P02 elk of this area and the large wetland within it must be considered in context. The value to wildlife especially of such a large contiguous complex providing all necessary components of home ranges, travel corridors, and migratory staging areas cannot be overstated. Given this situation, it must be understood that in addition to having stormwater control functional values extending beyond the project limits, that the wildlife functional value provided by the wetland area in question and the surrounding upland extends beyond them as well. It is my opinion that there is potential for addressing the stormwater needs of the community in other ways, but that it is impossible to compensate for any loss of natural area quality in this area if only because of the context in which this area exists. In addition, the value of having a corridor potentially connecting to all four cardinal directions for both human and wildlife use in a rapidly developing area such as Elgin is a unique opportunity as well as a critical feature to the quality of life. If the proposed activity were to degrade what is perhaps the highest quality and least disturbed portion of this landscape it would be an irretrievable loss to the public as well as to the wildlife. These subjective values must be weighed against objective advantages gained by the city and its citizens in determining if building this project is the best alternative to relieve flooding in the area. While an extensive inventory of the vegetation in the project area revealing its high quality has been compiled by qualified persons and can reasonably be expected to have revealed any threatened or endangered plants in the area, no evidence as to a reasonable inventory of the rs wildlife species using such a high quality area has been presented. That such a detailed inventory of the wildlife using the area be compiled is critical because it is reasonable to expect a high quality vegetative area to support a high quality wildlife community (i.e. There is a high potential of an endangered wildlife species to be using the area.) Wildlife species may well be more sensitive to the proposed changes to the hydrologic dynamics of the area than the plants, and no reasonable alternative habitat exists for them to move to, even supposing that such a habitat were not already occupied by other individuals of the same species or that they can effectively migrate and occupy that habitat. I suggest that a detailed wildlife inventory of the area be conducted using recognized, quantitative sampling methodologies. Were it not a water dependent project, I do not believe anyone would entertain proposing such an increase in the depth of water over the area because of the potential damage to a natural area of such high quality and character. I recognize that additional considerations must be accounted for in such situations, but I believe that the area in question is of such unique character both when considered independently and in context that project,as proposed, would do unmitigateable harm. • Respectfully, 0.a401;:u -- :IS. exk-0-41e---14 . William S. Burridge (708/693-470) tr.. 37W-70$ Highland+Avenue Elgin, Illinois 60123 cc: USFWS, Rogner USEPA, Cvengros JOINT APPLICATION FORM A f� 1.Application Number(to be assignedd►by'Agency)^/ 2.Date 1 Ap ril 1 992 3.For agency use�nlOp] , ral �'.�q [�,J)��J Day Month Year — 4.Name and address of applicant 5.Name,address,and title of authorized agent CITY OF ELGIN 150 Dexter Court NA Elgin, Illinois 60120 Attn: James Kristianson AIc 1708) 931-5960 Telephone no.during AIC Telephone no.awing 708) 931-5965 A/C ► business hours Ar business hours 6.Project Description and Remarks:Describe in detail the proposed activity,its purpose,and intended use. Use attachments if needed. Construct a storm water detention basin with capacity of approximately 175 acre-feet and no permanent pool. Ungated spillway with crest elevation 822.5 NGVD and length equal to: 50 feet. Fuse plug emergency spillway with crest 827 NGVD and base of erodable section at 822.5. Low flow conduit is 7'0" by 5' 1" corrugated multiplate pipe, without gate, with trash rack, and longitudinal slope equal 0.4 percent. Length of low flow conduit is 124 feet. Hydraulic jump energy dissipator is located between the abutment of Old Randall highway bridge. Volume of rolled earth embankment is approximately 6,600 cu yds. 7.Names,address,and telephone numbers of all adjoining and potentially affected property owners.including the owner of subject property If different from applicant. All project property is owned by the Applicant. Adjacent property owners listed on the attachment. City of Elgin to provide public notice to downstream property owners, by publication, after receipt of IDOT public notice regarding application for permit to construct, operate and maintain. ��J� /yam gOictLoc ti n o<ac' �Jt c.e' ' 2 /f.J1.4-11(.t�!��+� l ol"`Fletcher Drive and west of Legaloeacription: Randall Road, south of Big Timber Road. NW 9 41N 8E 2nd Name of waterway at location of the activity 1/4 Sec. Twp. Rge. P.M. Tyler Creek Address: Immediately east of, and beneath the new Randall Road bridge that Street,road,or other descnptive location crosses Tyler Creek and the Chicago and North Elfin I11Western and Soo Line Railroads M or r uty%r town _ Name of Local Governing Community Kane Illinois 60120 County State Zip Code 9.Date activity is proposed to commence Summer 1992 Estimated Time of Construction Spring 1993 10.1s any portion of the activity for which authorization is sought now complete? Yes IT No N answer is 'Yee'give reasons in item 6. Month and Year the activity was completed Indicate the existing work on drawings. 11. List aN approvals or certifications required by other federal,interstate,state,or local agencies for any structures,construction,discharges,deposits,or other activities described in this application. If this form is being used for concurrent application to the Corps of Engineers,Illinois Department of Transportation,and Illinois Environmental Protection Agency,these agencies need not be listed. 161111916.i5091163. Tyne Approval identification N . Date of Anolicatiort aide of Anorov6) This is a Section 404 application only. Separate application will be submitted for permission to construct, operate and maintain. 12. Has any agency denied approval for the activity dew' rein or for any activity dkectedly related to the activity described herein. Yes XX No fIl "res.'explain in"em 6.)This is a e lacement - _ • c tion at the regae st of the Chic go DistrI' of he Corps of Engineers. 13. Applicatibn is hereby made for authorizations of the activities described herein. I certify that I am familiar with the information contained in t(it • P i iataaf the application,and that to the best of my knowledge and belief,such information is true, / 9nature of Applicant of Authorized ent complete,and accurate. Ifurthercertifythatl ames Kristianson, Director of Publ .c Works the possessauthority to undertake the proposed activities. City of Elgini Illinois. Typed or Printed Name of Applicant or Authorized Agent NCR FORM 426 1,1 u"T r nn Public Notice Army Corps of Engineers Applicant: Oats: Chicago Duro January 18 , 1993 City of Elgin , Illinois Expires: February 8 , 1993 In Reply Refer to: Section:404 of the Clean Water Act Application #199200557 JOINT PUBLIC NOTICE U.S. ARMY CORPS OF ENGINEERS ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ILLINOIS DEPARTMENT OF TRANSPORTATION/DIVISION OF WATER RESOURCES Intersection of Randall Road and Tyler Creek tow Street, Road or other Descriptive Location Elgin NW 9 41N 8E In or Near City or Town Sec. Twp. Rge. Kane Illinois 60120 Tyler Creek County State Zip Code Waterway or Watershed THIS IS NOT A PERMIT. THE PURPOSE OF THIS PUBLIC NOTICE IS TO PROVIDE INFORMATION AND SOLICIT COMMENTS ON THE PROPOSED PROJECT.. Description and Purpose of Activity: The City of Elgin, 150 Dexter Court, Elgin, Illinois, 60120-5555, has applied for federal and state permits to discharge fill material ipto wetlands for the construction of a regional detention facility on ! lk Tyler Creek (Exhibit 1) . The applicant proposes the construction of an earthen embankment approximately 1800 feet long in the floodplain of Tyler Creek in order to create a regional detention basin that would consolidate stormwater detention storage at a single site, rather than in a number of smaller basins downstream of the site. The construction of this facility would eliminate the detention requirements of future developments downstream of the project site. A major portion of the embankment would be located in the Randall Road corridor where the bridge crosses Tyler Creek (Exhibit 2) . The basin would be designed to retain water only when Tyler Creek is in flood stage, and would not create a permanent pool behind the berm. Hydraulic studies of the site show that the basin would be inundated for a period of 26 hours in a 2 year storm event, and 35 hours in a 100 year storm event. The approximate water surface elevations would be 822.6 feet in a 2 year storm, and 826.6 feet in a 100 year storm. The control structure for the berm would consist of an ungated 7 foot by 5 foot multi- plate culvert set at an elevation of 812.0 feet, the elevation of ' Tyler Creek. No changes to the channel of Tyler Creek are planned as part of this project, other than that portion of the channel under the berm, and no grading is to take place within the basin itself. The 86 acre project site contains approximately 28.4 acres of jurisdictional wetlands, including several large areas of sedge meadow, willow thicket, fen, and sidehill seep communities. A rik vegetation survey conducted on the site identified several wetlands of high floristic quality and diversity, primarily sedge meadow and fen communities. Significant non-wetland communities observed on the site include oak savannahs and a sand prairie. None of these moderate to high quality areas would be directly filled by the project, but most would be subject to occasional inundation during times of high rainfall when a pool was formed behind the berm. Approximately 0.15 acres of wetland near the railroad at the northern end of the project site and under the Randall Road bridge would be filled by a portion of the proposed berm (Exhibit 2) . The channel of Tyler Creek on the project site exhibits natural riffle and pool stream structure, and the creek was rated as a Highly Valuable Aquatic Resource by the Illinois Biological Stream Characterization Work Group in 1989. Natural riffle and pool structure provides valuable habitat for many aquatic life forms, and is characteristic of a relatively undisturbed stream channels. The applicant has proposed to manage the project site by restoring degraded areas within the reservoir. Management of the area would be undertaken by the Kane County Forest Preserve District, whose property at the Burnidge Forest Preserve abuts the western edge of the project site. Management practices used to restore the area would include the removal of debris, e"` controlled burning, and fencing to exclude off-road vehicles. A pedestrian path is also planned for the northern portion of the site near the Chicago and Northwestern Railroad tracks. r Additional Information: The applicant has applied to the Illinois Environmental Protection Agency for state certification of the proposed work in accordance with Section 401 of the Clean Water Act. The certification, if issued, will express the Agency's opinion that the proposed activities will not violate applicable water quality standards. Written comments concerning possible impacts to waters of Illinois should be addressed to: IEPA, Division of Water Pollution Control, Permit Section, 2200 Churchill Road, Springfield, Illinois 62794-9276 with copy provided to the Corps of Engineers (see below for address) . The IDOT/DWR application is being processed pursuant to an Act in ' Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois (I.R.S. , Chapter 19, par. 52 et seq. ) . Comments concerning the IDOT/DWR permit should be addressed to the Illinois Department of Transportation, Division of Water Resources, Dam Safety Section, P.O. Box 19484, Springfield, Illinois 62794-9484. Mr. Paul Mauer, telephone number 217/782-3863, may be contacted for additional information. elk Preliminary review indicates that the proposed activity is not likely to jeopardize the continued existence of any species or the critical habitat of any fish, wildlife, or plant which is designated as endangered or threatened pursuant to the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq. ) . Therefore, no formal consultation request has been made to the United States Department of the Interior, Fish and Wildlife Service. Preliminary review indicates that the proposed activity is not likely to adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. This activity involves the discharge of dredged or fill material into waters of the United States. Therefore, the Corps of Engineers' evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under Authority of Section 404 (b) (1) of the Clean Water Act (40 CFR Part 230) . This notice is being published in compliance with Title 33 Code `''' of Federal Regulations 325.3. Any interested parties and agencies entertaining objections to or desiring to express their views concerning the work must do so by filing their comments in writing no later than 21 days from the date of issuance of this notice. It is presumed that all interested parties will wish to respond to this public notice; therefore, a lack of response will be interpreted as meaning that there is no objection to the permit application. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. Any comments submitted should refer to the Public Notice number shown on this notice, and should be addressed to the District Engineer (ATTN: Regulatory Branch) , 111 North Canal Street, Chicago, Illinois 60606-7206. Mark Matusiak of the Regulatory Branch, telephone number 312/353-8213, may be contacted for additional information. r This public notice is not a paid advertisement, and is for public information only. Issuance of this notice does not imply Corps eft of Engineers endorsement of the proposed project. times . Evans,57141,-------- Chief, Construction-Operations Division Attachments (2) NOTICE TO POSTMASTERS: It is requested that this notice be conspicuously and continuously posted for 21 days from the date of issuance. r v /fi�rr/// -E . �, ..L...,, _ • ; �;/-". r 11.� , ' i(I�,cc:6 :.. � , ---.._ �6 \_- ,. .j,/ Y �9Pi 1!' �� � •�S•. �/(4.1(0/(11r•• ii•'• jL'� '. w' � �.�/��.���� �� O/C�. - tip• e0# . -:. ) /) f/e/ /�.,. it14 I E \.. t. ,tr �-- ,,,7k ... eii / o i�I�a �•;t .,s' M►�'�•' ~�1 ' t 3 ' rti .I • i ,tia p o }I — N��+a10 it • • �� `�1, L",/ ' ! A ii I 2! ... ��'����� � '� . '�, (,q` ,'rrrs, .I �a 46 toe we /. , r $I ' eo- - fok ' - . ,) • . c: � o • ' . ' : -: 1 c? , -*--- i 2 .., . 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Ivy. :,..Pi BOOB• s .� t i}} y p f/t. , . 4.,,% j� 0 • � • i lc- •`�• °, 198 °• I ,1:,. �_. l �) ��1 I rp�1� i � '� �G' O • .• 6 . , , l 1 ,.. , raj... •L i-- „,.. /� t 'rill.•r. O I(�\ / 7 p• t• r-` ,(` i_ I. /,1) ( l 1 �`l /}r ���'1� �j/yr�!or.--i f '"�. N ■ lit' 14 a _ —.(...._.......,—. 1.'......--,..,_ ... oil* —1-1.14-•—', . _ 14'64-— , -•' -*".F--, -- .. . i4 4._ •. ( 1 '., ttL.,.I 1 a�9 �4t0+++t B lt' �� 1 i �. 41101 1 ,�' 1 1 1 qiii .A,p it ;� is „ . .»•1' :.)',t:.,„,„ ei *to$ MO1 otp a Y \ ( l `+ ( r !I--(u1, i • 1 Nat Tt Ili �h. a l `, aye T.1 !_\ l (` '/1) '!/ r' 1th, IV h j �( , .� ;41 / Imo ) hod \\ .._ `t�L' .� ':i �_+ SITE PLAN AND WETLANDS DELINEATION TYLER CREEK DETENTION FACIUTY I MILANO AREA • 28.4 ACRES CITY OF ELGIN DECEMBER 1992 y 1. THE PRO.ECT IS A DRY BOTTOM RESERVOIR VAIN ONE %`j/ EMBANKMENT AREA in 4.0 ACRES 7'06 r SP1' UNDATED MULTIPLATE CULVERT LOW FLOW OUTLE2. SPILLWAY CREST ELEVATION IS 822.5 FEET NGVD WITH A LENGTH OF 50 FEET. 3. EMERGENCY SPILLWAY CREST IS AT ELEVATION 827.0 FEET NGVD AND HAS A LENGTH OF 100 FEET. 4. THE VOLUME OF THE EMBANKMENT IS 8.800 CUBIC YARDS. 411 "\ oila4so me NoRINNanew imilaND .:" ::,14:\/ �;�►r..•""' `� 00-1101 MOO MO. ___+w�.yaws �' 11 ---\ ._,..,,,„,,_ .,,,. ,1lp!! t;r Vt' U / ii 100-YEAR FLOOD POOL I .4-.,...............0.., ,,�.0 1011111' 4411 1111111° mat COOK I' r1 !8,/' r Ciliiiwrj 'M'� ` 1 44titie Ili a 4144040• t3 I 11 • At I 0 la' 44 i t 1 V tz ‘110 MOON TO ROW I 4,141' 06 4111 r of�..� _.. iie II CE3 %%444r 4 `� ,. mato of I T a - 0 1) ‘ rata f p GUILLOU its „a MO. WI: M 400' / / EX N -rr 2 ,F yS/\ ;t"t DEPARTMENT DEPARTMENT OF THE ARMY • r CHICAGO DISTRICT. CORPS OF ENGINEERS I 111 NORTH CANAL STREET CHICAGO. ILLINOIS 00000-7200 REoty TO ATTENTION OF 0 2 MAR 1993 Construction-Operations Division Regulatory Branch 199200557 SUBJECT: Proposed Construction of a Regional Detention Facility in the Floodplain of Tyler Creek, in Elgin, Kane County, Illinois City of Elgin Attention: Mr. James Kristiansen 150 Dexter Court Elgin, Illinois 60120-5555 Dear Mr. Kristiansen: Enclosed are copies of the letters the U.S. Army Corps of Engineers received in response to our Public Notice for the subject project. Various concerns and objections were raised in these letters regarding your proposal which need to be addressed prior to our making a decision on your Department of the Army permit. The United States Fish and Wildlife Service, the United States Environmental Protection Agency, and the Illinois Department of Conservation have requested that your permit application be denied. Specifically, these agencies, as well as many of the respondents expressed concerns that the proposed use of the area as a regional stormwater detention facility would negatively impact the high quality wetlands on the site, lead to the degradation of Tyler Creek, and severely impact the wildlife species that use the area as nesting and foraging habitat. Several of the letters also urge that alternative sites or detention strategies that would meet many of the project requirements, without direct impacts to the Tyler Creek corridor, be investigated. In accordance with the Section 404 (b) (1) Guidelines of the Clean Water Act, this office is requesting that you perform an alternatives analysis to determine if there are practicable alternatives to the proposed project that would have less adverse impact on the aquatic environment, including wetlands. The fundamental precept of the Guidelines is that discharges of dredged or fill material into waters of the United States, including wetlands, should not occur unless it can be demonstrated that such discharges, either individually or cumulatively, will not result in unacceptable adverse effects on the aquatic ecosystem. The Guidelines specifically require that _ "no discharge of dredged or fill material shall be permitted if r -2- r there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR 230.10(a) ) . If it can be shown that less damaging alternatives to the proposed project exist, authorization for the project will be denied. Department of the Army regulations state that there are three general criteria to consider in the evaluation of every application. These include the relative extent of the public and private need for the proposed structure or work, the practicability of using reasonable alternative locations or methods, and the extent and permanence of beneficial or detrimental effects of the proposed structure or work. In .. addition, full consideration is to be given to fish and wildlife values in evaluating a permit application. In accordance with these regulations, the applicant is provided the opportunity to furnish this office with resolutions or rebuttals to all objections from governmental agencies and other substantive comments. Acceptable resolutions should be submitted to this office so that their objections can be withdrawn. If you decide not to contact the objectors, or are unsuccessful in resolving an objection, you may submit a proposed resolution or a rebuttal. You will be given until March 28, 1993 to attempt to resolve or rebut these objections. Your prompt attention to this matter will enable us to proceed with the processing of your application in a timely manner. Copies of the letter are being sent to the commenting parties to acknowledge receipt of their letters. If you have any questions, or if we can provide any assistance in resolving these concerns or objections, please contact Mark Matusiak of the Regulatory Branch, telephone number (312) 353-8213. Sincerely, aures E. Evan . . Chief, Construction-Operations Division Enclosures (11) A -3- eglik Copies Furnished (w/o encls. ) : IDOC (Schanzle) USFWS (Mengler) • USEPA (Cvengros) Valley Creek, Inc. (Hoover) Friends of the Fox River (Reese) Office of the Mayor, Elgin IL (Van De Voorde) Mr. Drew Ullberg Ms. June D. Keibler Dr. Rodney L. Walton Ms. Susan F. Harney Mr. William S. Burnidge ATTACHMENT #3 r GUILLOU & ASSOCIATES, INC. 124 MAPLE GROVE LANE• SPRINGFIELD, ILLINOIS 62707 • (217) 529-5549• FAX (217) 529-7562 May 25, 1993 r1�1 TIE Mr . James Kristiansen Director of Public Works City of Elgin MA? 9 7 1ggl 150 Dexter Court Elgin, Illinois 60120 C1.1 Y OF ELGIN ENGINEERING DEPT. Dear Mr. Kristiansen : This is a progress report concerning our efforts to develop the HEC-I and AEC-II models of Tyler Creek. You will recall that at our meeting of April 21st it was determined that the first step in the analytical work was to compare the high water elevations on the creek, for the 100-year event , with the frk land use values changed to reflect the present development at Valley Creek, Big Timber Park, and Highland Glen. After contacting DuBerry and Davis, representing the Federal Emergency Management Agency, we found that no information is available from them. We have received the NEC-II data from the Illinois State Water Survey, but they do not have the NEC-I printout which is necessary for the land use changes. The Corps of Engineers furnished us, on May 19th, with a copy of the HEC-I model for the 10-year frequency, but they do not have the 100-year information. In addition, in June of 1986 we had borrowed a copy of the then existing Corps of Engineers printout (dated January 1980) for our use in earlier dam design work. This printout , which was subsequently returned to the Corps, and is not now available, showed the development of 100-year flow rates for the entire watershed . We did not copy data for stations downstream of Randall Road because at that time we had no interest in the lower sections of Tyler Creek. There is conflict between the two sets of data from the Corps of Engineers. The 10-year data show values of CN equal to 66 for all sub-basins upstream of Randall Road. The January 1980 summary printout allows computation of the CN galue equal to 62.7, again for all sub-basins upstream of Randall Road . We have elected to use the latter value because it indicates a calibrated value, and because it is from a printout showing the desired 100-year conditions. Because we are going from a less-developed condition to a more-developed condition, our Mr. James Kristiansen May 25, 1993 Page 2 results will slightly over estimate the change in flow that may be attributed to the change in the land use . The three areas of interest are Valley Creek, Big Timber Park, and Highland Glen. a. The Valley Creek area includes the subdivision of that name , the Wal-Mart area , and what is now known as Mill Creek Townhomes . The total development will encompass approximately 500 acres and is located within Sub-basins 3 and 4b of the 1980 HEC-I analysis. In the Corps analysis Sub-basin 3 extended from Randall Road to the confluence with Sandy Creek. Sub-basin 4b is the Sandy Creek watershed , as far upstream as Randall Road . The area of the two sub-basins is 1530 acres , and the Valley Creek area is approximately 32.7 percent of the sub-basin total. In the 1980 study the value of CN assigned to Sub-basin 3 was 67.5, and to Sub-basin 4b was 68. In the present study the value of CN has been increased to 70.5 for Sub-basin 3, and to 69 for Sub-basin 4b. Insertion of the corrected values of CN, rik and adjusting the lag time, permits computation of new values of 100-year runoff from the lands of Sub-basins 3 and 4b. Runoff from Sub-basin 3 is increased by 76 cu ft per sec , from 393 to 469 . In Sub-basin 4b, the 100-year runoff is increased from 258 cu ft per sec to 274, or 16 cu ft per sec. b. Big Timber Park is located north of Tyler Creek and south of Big Timber Road. This area also is a part of Sub-basin 3 and was originally assigned a CN value of 67.5. The area of the development is 43 acres, or 4.23 percent of the sub-basin total. We have assigned a new CN value of 88. Note that this area is a part of Sub-basin 3 and the change in land use and determination of the 100-year rate of flow is accounted for in the Valley Creek analysis. c. Highland Glen subdivision contains an area of 33 acres and is a part of Sub-basin 2 which contains 2496 acres. Thus the development contains only 1 .3 percent of the sub-basin area. In the 1980 study by the Corps of Engineers a CN value of 62.7 was assigned to the total area of the sub-basin and we have increased that value to 62.9. The value assigned to the subdivision itself is 75. Because of the very small area of improvement there was no change in the lag time on the Sub-basin 2 area, and the 100-year flow rate increased from 830 cu ft per sec to 838, an '.ncrease of ("' 8 cu ft per sec , or 1.0 percent. The portion of the original Valley Creek lands located north of the creek, and south of the Chicago and North Western Railway, Mr. James Kristiansen May 25, 1993 Page 3 is not developed and contains a significant area of flood fringe and floodway. The CN value assigned to this area is 67.5, which is the original Corps value. The impact of the several developments upon the 100-year flow rate of Tyler Creek is extremely small. The following table indicates rates of flow for both conditions, and the percentage change, for the computational points along the creek from Randall Road to the Fox River. Location 1980 Flow Computed Percent Rate Flow Rate Change Randall Road 2222 cfs 2222 cfs 0.0 Eagle Drive 2267 2267 0.0 At Sandy Creek 2397 2400 +0. 12 Big Timber Road 2369 2370 +0.04 At Fox River 2408 2412 +0.17 We have not had opportunity to complete the HEC-II backwater program received from the Illinois State Water Survey. However, we feel confidant that the change in water surface elevation, for the 100-year event, attributable to the three developments which had planned to utilize the storage potential of the Tyler Creek Detention will be very small , if the computer work shows any difference at all. In accord with our original understanding, we have delayed examination of storage areas within or adjacent to the subdivisions until the HEC-I and HEC-II work was completed. We know that the Highland Glen detention storage can be satisfied on the right overbank of Tyler Creek in an area clear of wetlands, and that alternatives exist for Big Timber Park and Valley Creek. Please advise if we should supply additional detail concerning the portion of the study that has been completed. 1111e1: 14J0Like--- emk • V Joh. C. uillou 1 Mayor and Members of the City Council March 12, 1993 Page 2 Safe School Zones Attached is a copy of an editorial from the March 3, 1993 edition of the Marquette University "Tribune" regarding the safe school zone ordinance recently enacted by the Coun- cil. This article is being sent at the request of Councilwom- an Moylan. Also attached is a copy of a letter from Mary Kearney urging reversal of the ordinance. After All These Years After all these years of paperwork with the assistance of consultants, IDOT, and the Corps of Engineers involving the Tyler Creek detention project - the attached letter from the Corps of Engineers now indicates that objections have been raised by the U.S. Fish and Wildlife Service, U.S.E.P.A. , and the Illinois Department of Conservation. For all intents and purposes, Jim and I believe the project will shortly be declared dead since no one ever wins a battle with both the Fish and Wildlife Service and U.S.E.P.A. So on to Plan B. Jim has begun to review the records to determine if there are alternate methods still available to provide compensatory storage along the reach of the creek, and we hope to have something back to the City Council in the next couple of weeks. Since after all these years there was no accurate prediction of the project cost anyway, the 1986 bond funds will now need to be used for whatever optional work can be done - then allocated to other Public Works bond projects. More later. Mel Dahl's Retirement Attached is a copy of a memo from me as well as a letter from Mel Dahl to Jim Kristiansen in which Mel announces his plans to retire in April. Letter from Fox Valley Land Foundation Attached is a copy of a letter to Mayor VanDeVoorde from Barbara Marquardt, President of Fox Valley Land Foundation, regarding the City's application for a permit to construct a reservoir at Tyler Creek and Randall Road. A ,,N _.7,--_ DEPARTMENT OR THE ARMY �4, ,`-, CHICAGO DISTRICT, CORPS OP ENGINEERS .t. I } VW' • /�) / 111 NORTH CANAL STREET CHICAGO, ILLINOIS 50000-7206 ---<-. REPLY TO ATTENTION OF 0 2 MAR 1993 Construction-Operations Division Regulatory Branch 199200557 SUBJECT: Proposed Construction of a Regional Detention Facility in the Floodplain of Tyler Creek, in Elgin, Kane County, Illinois City of Elgin Attention: Mr. James Kristiansen 150 Dexter Court Elgin, Illinois 60120-5555 Dear Mr. Kristiansen: Enclosed are copies of the letters the U.S. Army Corps of Engineers received in response to our Public Notice for the subject project. Various concerns and objections were raised in these letters regarding your proposal which need to be addressed prior to our making a decision on your Department of the Army permit. The United States Fish and Wildlife Service, the United States Environmental Protection Agency, and the Illinois Department of Conservation have requested that your permit application be denied. Specifically, these agencies, as well as many of the respondents expressed concerns that the proposed use of the area as a regional stormwater detention facility would negatively impact the high quality wetlands on the site, lead to the degradation of Tyler Creek, and severely impact the wildlife species that use the area as nesting and foraging habitat. Several of the letters also urge that alternative sites or detention strategies that would meet many of the project requirements, without direct impacts to the Tyler Creek corridor, be investigated. In accordance with the Section 404(b) (1) Guidelines of the Clean Water Act, this office is requesting that you perform an alternatives analysis to determine if there are practicable alternatives to the proposed project that would have less adverse impact on the aquatic environment, including wetlands. The fundamental precept of the Guidelines is that discharges of dredged or fill material into waters of the United States, including wetlands, should not occur unless it can be demonstrated that such discharges, either individually or cumulatively, will not result in unacceptable adverse effects on the aquatic ecosystem. The Guidelines specifically require that "no discharge of dredged or fill material shall be permitted if -2- there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR 230.10(a) ) . If it can be shown that less damaging alternatives to the proposed project exist, authorization for the project will be denied. Department of the Army regulations state that there are three general criteria to consider in the evaluation of every application. These include the relative extent of the public and private need for the proposed structure or work, the practicability of using reasonable alternative locations or methods, and the extent and permanence of beneficial or detrimental effects of the proposed structure or work. In addition, full consideration is to be given to fish and wildlife values in evaluating a permit application. In accordance with these regulations, the applicant is provided the opportunity to furnish this office with resolutions or rebuttals to all objections from governmental agencies and other substantive comments. Acceptable resolutions should be submitted to this office so that their objections can be withdrawn. If you decide not to contact the objectors, or are unsuccessful in resolving an objection, you may submit a proposed resolution or a rebuttal. You will be given until March 28, 1993 to attempt to resolve or rebut these objections. Your prompt attention to this matter will enable us to proceed with the processing of your application in a timely manner. Copies of the letter are being sent to the commenting parties to acknowledge receipt of their letters. If you have any questions, or if we can provide any assistance in resolving these concerns or objections, please contact Mark Matusiak of the Regulatory Branch, telephone number (312) 353-8213. Sincerely, aures E. an . . Chief, Construction-Operations Division Enclosures (11) -3- Copies Furnished (w/o encls. ) : IDOC (Schanzle) USFWS (Mangler) • USEPA (Cvengros) Valley Creek, Inc. (Hoover) Friends of the Fox River (Reese) Office of the Mayor, Elgin IL (Van Do Voorde) Mr. Drew Ullberg Ms. June D. Keibler Dr. Rodney L. Walton Ms. Susan F. Harney Mr. William S. Surnidge