IN
    THE MATTER OF:
    WATER QUALITY
    STANDARDS
    AND
    EFFLUENT
    LIMITATIONS
    FOR
    THE
    CHICAGO
    AREA
    WATERWAY
    SYSTEM
    AND
    THE LOWER
    DES PLAINES
    RIVER:
    PROPOSED AMENDMENTS
    TO
    35111.
    Adm.
    Code Parts
    301, 302,
    303 and 304
    Marie
    Tipsord, Hearing
    Officer
    James R. Thompson
    Center
    Illinois
    Pollution Control
    Board
    100 West Randolph
    St.,
    Ste. 11-500
    Chicago,
    Illinois 60601
    JAN:
    09
    oo,g
    PLEASE
    TAKE NOTICE
    that I
    have filed today
    with the Illinois Pollution
    Control
    Board
    Comments of the
    Illinois Department
    of Natural Resources
    on the
    proposed
    UAA for the Chicago
    Area
    Waterways,
    a
    copy of which is herewith
    served
    upon
    you.
    ILLINOIS DEPARTMENT
    OF
    NATURAL
    RESOURCES
    Dated: January
    9i
    , 2009
    One Natural
    Resources Way
    Springfield,
    IL 62706
    (217)
    782-1809
    By4
    Stanley
    Yk*auski,
    71cô
    Jr.
    L
    Legal Cefuse1
    BEFORE THE
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    )
    )
    )
    )
    )
    To:
    John
    Therriault, Clerk
    R08-09
    (Rulemaking —
    Water)
    SEE
    ATTACHED
    SERVICE
    LIST
    IN
    THE
    MATTER
    OF:
    )
    )
    WATER
    QUALITY STANDARDS
    AND
    )
    EFFLUENT
    LIMITATIONS
    FOR
    THE
    )
    R08-09
    CHICAGO
    AREA
    WATERWAY
    SYSTEM
    )
    (Rulemaking
    - Water)
    AND
    THE LOWER
    DES
    PLAINES RIVER:
    )
    PROPOSED
    AMENDMENTS
    TO 35111.
    )
    Adm.
    Code Parts
    301,
    302,
    303 and 304
    )
    COMMENTS OF
    THE ILLINOIS
    DEPARTMENT
    OF NATURAL
    RESOURCES
    ON THE
    PROPOSED UAA
    FOR THE
    CHICAGO
    AREA
    WATERWAYS
    The
    Illinois Department
    of
    Natural
    Resources
    (IDNR)
    supports
    the Illinois
    Environmental
    Protection
    Agency’s
    proposed amendments
    to the water
    quality standards
    and
    effluent
    limitations concerning
    the
    Chicago
    Waterway
    System
    (CAWS) in the upper
    Illinois
    River
    basin. As
    active participants
    in the Stakeholders
    Process
    conducted by
    the
    IEPA
    during the last 10
    years, ]DNR
    staff
    have
    attended
    many meetings
    and provided
    verbal
    comments and
    IDNR
    fisheries
    data to IEPA
    as well as
    other stakeholder
    participants
    relative
    to the Chicago Waterways
    System
    (CAWS).
    IDNR agrees with
    the
    UAA (Use
    Attainability
    Analysis)
    basic findings
    and conclusions,
    including the
    IEPA
    recommendations
    for
    the most optimal
    attainable
    use
    for each water
    body. Input
    and comment
    from our Fisheries
    staff particularly
    has
    been utilized
    by the
    TEPA
    and their consultants
    to complete
    the
    UAA documents.
    Further, the Illinois
    DNR,
    Division
    of Fisheries
    believes
    the UAA’s
    identified
    “Strategic
    Plan”
    for the CAWS
    is generally
    consistent with
    the fisheries
    strategic
    plan
    for the rivers
    and streams
    of
    Illinois
    as described
    in the
    1998
    “Strategic
    Plan
    for Illinois
    Fisheries
    Resources”, Division
    of Fisheries,
    Illinois
    DNR. Within the
    CAWS area
    (corresponds
    to
    and contained
    within DNR Region
    II), the
    demand
    for
    fishing
    in
    rivers
    and streams far
    exceeds
    the available supply
    as documented
    in the fisheries
    strategic
    plan.
    Almost
    30%
    of the total
    statewide demand
    for fishing in
    rivers
    and streams
    (9.7 million
    angling days
    statewide),
    comes from the
    CAWS
    area
    (DNR Region
    II) with only
    6.7% of the available
    fishing
    supply
    found in the
    CAWS area
    (DNR
    Region
    II) due to low
    amounts of river
    and stream
    acreage, poor fisheries
    habitat,
    poor angling
    access,
    and lower general water
    quality.
    Thus, fisheries
    staff activities
    are guided
    by the
    general goals and strategies
    noted in the fisheries
    strategic plan,
    to maintain
    the supply of
    fishing opportunities
    and
    to
    conserve and
    protect the rivers
    and streams
    (includes restoration
    and
    enhancement of
    aquatic habitat
    and fish and other
    aquatic
    life
    resources).
    These
    fisheries
    general
    goals and strategies
    are consistent
    with the
    CAWS Reach
    Use
    Designations,
    Strategic Plan
    Management
    Alternatives,
    address
    impairments
    that prevent
    the
    attainment of a proposed
    designated
    use in
    a given waterway
    reach. Implementation
    of
    aquatic
    habitat improvements
    and
    water
    quality
    enhancements
    by
    responsible
    federal,
    state,
    local governments
    as well as private organizations must cooperatively continue and
    increase
    in the future,
    if attainment of CAWS Reach Use Designations will be realized.
    After sampling
    below Brandon Lock this summer (2008), it
    looks
    like that
    system is
    improving, with
    shorthead redhorse, smalimouth
    bass,
    buffalo and other fishes that need
    higher
    water
    quality present.
    This
    “island
    of
    recovery”
    is an early indication of the
    potential for recovery that may
    be
    expected
    in other parts of the CAWS where habitat and
    water
    quality improvements occur.
    As important
    as
    water
    quality is
    to
    fisheries in our state, water quality
    is
    just as important
    to the development
    of water-based recreation in northern flhinois. The Department of
    Natural Resources co-sponsored
    the Northeastern Illinois Regional Water Trails
    Workshop, “People
    on the Water” in 1996. The workshop revealed great interest in a
    system of water trails in the
    region.
    The Department then co-sponsored the
    preparation
    of the Northeastern
    Illinois
    Regional Water Trails Plan, adopted
    in
    1999 by the Chicago
    Metropolitan
    Agency
    for Planning. The Plan,
    updated in 2006,
    identifies a 480-mile
    non-motorized water trail
    system for the region, including the North Shore Channel, the
    North
    Branch of the Chicago River, and the
    South Branch of the
    Chicago
    River,
    the
    Chicago Sanitary
    & Ship Canal, the Calumet-Sag Channel, the Little Calumet River, and
    the
    Lower Des Plaines River.
    The Plan calls for 174 canoe launch sites, parking areas
    and coordinated signage and user information.
    About 80% of the system
    envisioned
    in
    the Plan is now in place. Since the Plan was
    adopted in 1999, more than
    40 new launch
    sites have been added and more than 200 miles
    of water trail have
    been improved.
    The
    Department funded many of these improvements
    through its Boat Access
    Area
    Development grant program and financial assistance
    for water
    trail signage
    and maps.
    This
    substantial
    public
    investment in the region’s water
    trails has led
    to increased public
    use.
    According
    to Openlands, the number of
    people participating
    in canoeing and
    kayaking within the
    region has doubled since 1999.
    In addition, the South Suburban Calumet Area
    Open
    Space Plan and the
    Calumet-Sag
    Trail Plan also
    call
    for new and/or improved non-motorized
    access
    and signage and
    cleaner water for recreational
    use.
    Based
    upon these plans,
    the
    number of established or planned public access areas on the
    targeted waterways are: North Shore Channel
    (4), North Branch of the Chicago River
    including
    Skokie Lagoons
    (8), South Branch of
    Chicago River (3), Cal-Sag
    Channel
    (3),
    Little
    Calumet River including
    Lake Calumet (3), and the
    Des
    Plaines
    River from the I
    55
    Bridge to the confluence with
    the Cal-Sag/Ship Canal (2).
    In 2005,
    Friends of the
    Chicago
    River
    conducted
    a
    Paddling Survey for 17 rivers and
    creeks
    within
    northeastern Illinois, including
    targeted waterways. Among the 17
    waterways, the
    North Branch
    of the Chicago River
    ranked
    4
    th
    in terms of total number of
    trips taken.
    Also
    from the
    survey, paddlers were asked
    what the most important qualities
    were
    when choosing a location
    for a paddling trip and water
    quality
    ranked as one of the
    most
    important.
    Several
    major
    events
    in
    the region also demonstrate
    the interest
    in paddling such as
    the
    Des
    Plaines
    River Marathon
    which
    attracts
    about
    1,000 paddlers
    annually, the Fox
    River
    Marathon
    which
    attracts
    800 paddlers,
    the Chicago River
    Flat Water
    Classic
    which
    attracts
    500 paddlers,
    and the Cal-Sag
    National Rowing
    event
    which attracts
    350
    scullers.
    In summary,
    the Department
    has invested substantially
    in planning and improving
    water
    trails
    in
    northeastern
    Illinois. Public
    interest
    in
    and use of
    water trails
    has grown
    significantly
    in
    recent years. Improving
    the targeted waterways’
    water
    quality will only
    increase and
    enhance this growing
    recreational
    use. The Chicago
    Area
    Waterways
    and
    the Des Plaines
    River are
    important natural resources
    which provide
    countless hours of
    public fishing
    and recreational
    opportunities
    to the people of
    illinois. Protection and
    conservation
    of the State’s
    natural resource values
    found
    in
    the
    CAWS
    (upper
    Illinois
    River basin)
    builds
    a
    solid foundation for the
    long-term restoration
    and recovery of
    the
    overall Illinois
    River System
    which
    constitutes
    about one-half
    of Illinois.
    Respectfully
    submitted
    ILLINOIS
    DEPARTMENT
    OF
    NATURAL RESOURCES
    BJ&4
    Stanley ‘/o$lcauski,
    %I
    Jr.
    Legal
    C6usel
    Dated:
    January
    2009
    One
    Natural Resources
    Way
    Springfield,
    IL 62702
    (217)
    782-1809
    STATE OF ILLINOIS
    )
    )
    SS
    COUNTY
    OF
    SANGAMON
    )
    )
    PROOF OF
    SERVICE
    I, the undersigned,
    on oath state that
    I have served the
    attached Comments
    of the
    Illinois
    Department
    of Natural Resources
    on the
    proposed UAA for
    the Chicago
    Area
    Waterways
    upon the person to
    whom
    it
    is
    directed
    by
    placing it in an envelope
    addressed
    to:
    John Theniault,
    Clerk
    SEE ATTACHED
    SERVICE LIST
    Marie
    Tipsord, Hearing
    Officer
    Illinois
    Pollution Control
    Board
    James
    R. Thompson
    Center
    100 West Randolph
    Street, Suite 11-500
    Chicago,
    IL 60601
    by
    enclosing the
    same in an envelope
    addressed as
    shown above and
    by
    depositing
    said
    envelopes
    in a U.S.
    Post Office Box in
    Springfield,
    Illinois
    on this
    ‘44
    day of
    January,
    2009.
    SUESCRIBED AND
    SWORN TO
    BEFORE ME
    this
    day of January, 2009
    c)
    Notary Public
    r
    OFFICIAL
    SEAL
    :
    t
    BARBARAJ
    FREY
    NOTARY
    PUBUC,
    STATE
    OF
    ILLINOIS
    +
    MY
    CO1MI5SION
    EXPIRES
    3-13-2011
    Service List for R08-9
    Elizabeth
    Schenkier
    Keith Harley
    Chicago
    Legal Clinic,
    Inc.
    205 W.
    Monroe,
    4
    th
    Floor
    Chicago,
    IL 60606
    Susan
    M. Franzetti
    Nijman Franzetti
    LLP
    10 South LaSalle
    St.
    Ste. 3600
    Chicago,
    IL 60603
    Katherine
    D. Hodge
    Monica
    Rios
    Matthew
    C. Read
    Hodge Dwyer Zeman
    3150 Roland Ave.
    P.O.
    Box 5776
    Springfield, IL 62702
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100W. Randolph, Ste. 11-500
    Chicago, IL
    60601
    Susan Hedman
    Andrew Armstrong
    Office of the Attorney
    General
    Environmental Bureau
    North
    69
    West Washington
    Street, Ste. 1800
    Chicago, IL 60602
    Jeffrey C. Fort
    Ariel J.
    Tesher
    Sonnenschein Nath
    & Rosenthal LLP
    7800
    Sears Tower
    233 S.
    Wacker Drive
    Chicago, IL 60606-6404
    Ann Alexander
    Senior
    Attorney, Midwest Program
    Natural Resources Defense Council
    101
    North Wacker Dr., Ste. 609
    Chicago, IL 60606
    Fredrick M. Feldman
    Ronald
    M. Hill
    Margaret T. Conway
    Metropolitan Water Reclamation District
    of Greater Chicago
    111 East Erie
    St.
    Chicago, IL 60611
    William Richardson, Chief Legal Counsel
    Illinois
    Department
    of Natural
    Resources
    One
    Natural
    Resources
    Way
    Springfield, IL 62702
    Marie Tipsord, Hearing Officer
    Illinois Pollution Control Board
    James R. Thompson Center
    100W. Randolph, Ste. 11-500
    Chicago, IL 60601
    Albert Ettinger, Senior Staff Attorney
    Jessica Dexter
    Environmental
    Law & Policy
    Center
    35
    E. Wacker Dr., Ste. 1300
    Chicago, IL 60601
    Jennifer A. Simon
    Kevin Desharnais
    Thomas
    V.
    Dimond
    Thomas V. Skinner
    Mayer Brown LLP
    71 South Wacker Drive
    Chicago,
    IL 60606-4637
    Fredrick
    P. Andes
    Carolyn
    S.
    Hesse
    DavidT. Ballard
    Barnes & Thornburg
    LLP
    One North
    Wacker Drive
    Suite
    4400
    Chicago, IL 60606
    Kristy
    A.N.
    Bulleit
    Brent
    Fewell
    Hunton
    & Williams LLC
    1900 K Street,
    NW
    Washington,
    DC 20006
    Marc
    Miller
    Office of
    the Lt.
    Governor,
    Pat
    Quinn
    Room
    414 State House
    Springfield,
    IL
    62706
    Cathy Hudzik
    City of Chicagor,
    Mayor’s
    Office
    of
    Intergovernmental Affairs
    121
    North
    LaSalle
    St.
    City
    Hall Room
    406
    Chicago,
    IL
    60602
    Stacy
    Meyers-Glen
    Openlands
    25 E.
    Washington, Ste.
    1650
    Chicago, IL
    60602
    Jack Darin
    Cindy
    Skrukrud
    Sierra
    Club, Illinois
    Chapter
    70 East Lake
    Street, Ste. 1500
    Chicago,
    IL 60601
    Traci
    Barkley
    Prairie
    Rivers
    Network
    1902 Fox Drive,
    Ste. 6
    Champaign,
    IL 61820
    Lyman C.
    Welch
    Alliance
    for
    the
    Great Lakes
    17 North
    State Street,
    Suite
    1390
    Chicago, IL
    60602

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