93-170 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.
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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.
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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
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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
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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