TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 19, 2008
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Richard Lanyon, General Superintendent
Title
Request for Policy Decision Regarding Compensatory Storage for Levee 37
Body
Dear Sir:
The Army Corps of Engineers (Corps) approved a study for the Upper Des Plaines River from the Wisconsin/Illinois State line to Riverside, Illinois in 1999. Known as the Upper Des Plaines River Phase I Study, its purpose was to identify solutions to flooding along the main stem of the river. The approved plan recommended the construction of four storage facilities and two levees, including Levee 37 and the Buffalo Creek Reservoir Expansion. It was subsequently determined that flood levels downstream of Levee 37 would increase if compensatory storage is not provided upstream of the levee. As you are aware, the District has been negotiating with the Lake County Forest Preserve District (LCFPD) to increase the amount of stormwater storage provided at the Buffalo Creek Preserve since 2006. Additional storage at this location will provide the compensatory storage required for Levee 37 and benefits to Buffalo Grove and Wheeling along Buffalo Creek and downstream communities along the main stem of the Des Plaines River. The District’s primary objective since negotiations began with LCFPD is to provide the required storage necessary for the Corps’ construction of Levee 37. The project discussed with LCFPD involved increasing the amount of storage at the Buffalo Creek Preserve by 487 acre-feet by constructing a new reservoir on LCFPD property adjacent to and west of the existing reservoir, with only minor impacts to the existing reservoir.
The District retained the services of a consulting engineering firm, Consoer Townsend Envirodyne Engineers, Inc. (CTE), to conduct a feasibility study for this project in late 2006. It was determined that the proposed reservoir construction, including a $5 million easement fee, new wetland construction and/or enhancement of approximately 50 acres, and other amenities, would cost approximately $36 million. A site plan acceptable to the District was forwarded to LCFPD for review. LCFPD staff subsequently expressed concerns regarding the aesthetics of the reservoir. In an attempt to appease those concerns, the layout of the reservoir was revised and the cost of the project rose to approximately $38 million. Despite these efforts, LCFPD was still not satisfied by the revised layout and retained the services of a landscape architect, JJR, to assist in the development of alternative site plans. In early 2007, JJR worked with District staff and CTE to develop an alternative plan that would cost approximately $47 million to construct. The escalations in cost were the direct result of the modifications requested by LCFPD. The JJR plan essentially shifted the footprint of the new reservoir further to the west. The capacity of the new reservoir was reduced to 387 acre-feet and the remaining 100 acre-feet would be provided by expanding the current reservoir.
No consensus or agreement was reached with respect to the JJR proposal and negotiations regarding aesthetics ceased while awaiting the outcome of LCFPD’s appeal of an adverse decision rendered by the National Park Service (NPS) regarding a Land and Water Conservation Act grant (LAWCON) accepted by LCFPD in 1993. Currently, it appears that the LAWCON issue may be favorably resolved and it is necessary to submit the Intergovernmental Agreement (IGA) to be executed between the District and LCFPD to the NPS for their review. During recent negotiations regarding the terms of the IGA, the District and LCFPD reached an impasse regarding wetland mitigation credits.
Several acres of existing wetlands will be adversely impacted by the construction of the reservoir and therefore must be mitigated. It was initially contemplated that 44 acres (West Wetland Complex) of the new and/or reconstructed wetlands would be developed by the District as an additional benefit for LCFPD to meet their future wetland mitigation needs. The West Wetland Complex will be located on an existing soybean field west of the proposed reservoir expansion location. The remaining 6 acres consist of an enhancement of existing wetlands located east of Schaeffer Road near the existing reservoir. The results of a preliminary wetland assessment indicate that the District will need to provide approximately 12 to 17 acres of wetlands in mitigation. The District strongly believes that all wetland mitigation must occur on-site. This is also the preferred method, whenever possible, promoted by the regulatory agencies, the Corps and the Lake County Stormwater Management Commission. However, LCFPD will only allow half of the mitigation requirement (up to 8 acres) to be credited against the on-site wetlands to be constructed at the District’s expense. Given the fact that the cost of the project has increased well beyond the originally proposed design as a result of LCFPD’s aesthetic concerns, the District feels that the additional expense of off-site mitigation cannot be justified, therefore, this offer was found to be unacceptable. Subsequently, the District indicated to LCFPD that implementation of the JJR plan was undesirable if any portion of the wetland mitigation must be acquired off-site. LCFPD is not wavering on the wetland mitigation issue.
Due to the uncertainty arising from the 1993 LAWCON grant and the aesthetic concerns of LCFPD, the District met with the Wheeling Park District (WPD) to informally discuss options for providing the necessary compensatory storage for Levee 37 at Heritage Park in Wheeling. The purpose for these preliminary meetings was to determine if WPD would be amenable to the construction of a reservoir at Heritage Park in the event the LAWCON issue could not be resolved or if negotiations with LCFPD reached a stalemate. The WPD is in the process of developing a master plan for Heritage Park and has expressed a willingness to work with the District to incorporate the necessary storage for Levee 37 into their master plan. The preliminary cost estimate to construct a reservoir of sufficient capacity at Heritage Park to mitigate the effects of Levee 37 is approximately $21 million dollars, which includes the compensatory storage facility, WPD land rights, and recreational amenities.
Although favorable resolution of the LAWCON issue is likely, it is believed that the increased costs to address LCFPD’s aesthetic concerns and the cost for off-site wetland mitigation cannot be justified; therefore it is recommended that negotiations with LCFPD be suspended and that the District meet with WPD to determine their requirements for providing the necessary compensatory storage at Heritage Park.
The Board of Commissioners’ approval is requested to adopt this policy calling for the temporary suspension of negotiations with LCFPD and the commencement of meetings with WPD. The potential project cost savings are deemed too substantial not to determine the viability of this alternative prior to proceeding further with LCFPD. Should we be successful in our negotiations with WPD, a board letter will be written requesting authorization to enter into an agreement with WPD.
If further clarification is required, please advise the undersigned.
Requested, Joseph Sobanski, Chief Engineer, JPS:NV:WSS
Respectfully Submitted, Patricia Young, Chairman Committee on Stormwater Management
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this June 19, 2008. Approved, President Terrence J. O’Brien