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CHICAGO, ILLINOIS 60611

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321-9100

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FAX

(312)

321-0900

~

July

14,

2003

Ms.

Dorothy M. Gunn

Clerk of the

Board

Illinois

Pollution

Control Board

100 West Randolph Street,

Suite 11-500

Chicago,

IL 60601

Re:

Lowe Transfer v.

County Board of McHenry County

PCB 03-221

Dear Ms. Gunn:

Enclosed please find the

original certification of the

record on appeal, signed

and

sealed

bythe county clerk.

As

I

have already filed the

required number of copies with the

Board when filing the

record on July 2, 2003,

I

have included only the original certification

with

this

letter.

Please call

me if you

have any questions.

Very truly yours,

Elizabeth

S.

Harvey

ESH:jp

Enclosure

cc:

Service List

(see attached)

(w/out enclosure)

---

SERVICE

LIST

PCB 03221

Bradley Halloran

Illinois

Pollution Control

Board

100 West Randolph

Street

Suite 11-500

Chicago,

IL

60601

David McArdle

Zukowski,

Rogers, Flood

& McArdle

50 Virginia Street

Crystal

Lake,

IL

60014

---

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CLERK’S OFFICE

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JUL

1

52003

LOWE TRANSFER INC, and MARSHALL LOWE

)

cTATE OF ILLINOIS

Petitioner

)

PCB 2003

2~l’jij

Control Board

V.

COUNTY BOARD of McHENRY COUNTY, ILLINOIS

Respondents

)

CERTIFICATION OF RECORD ON APPEAL

Pursuant

to

Sections

107.304

and

107.308

of

the

Illinois

Pollution

Control

Board’s

procedural

rules,

Katherine

C.

Schultz,

County

Clerk

of the

County of

McHenry,

hereby

certifies

that

the

documents

enclosed

and

described

in

the

attached

Index

to

Record

on

Appeal,

are

true

and

correct copies of the

original

record

kept on file

concerning the

Site

Location

Application for the

Northwest Highway Transfer Facility filed by Lowe Transfer Inc., with the McHenry County Clerk’s

Office on November 20,

2002.

Dated this~2~day

of June 2003.

Katherine

C.

Schultz, McHenry C

unty Clerk

---

Lowe Transfer Inc.

and Marshall Lowe

v.

Illinois PCB 03- 221

C00001

Applicant Exhibit

I

-

Application for Siting Approval, Volume

I

C00002

Applicant Exhibit

I

-

Application for Siting Approval, Volume 2

C00003

Transmittal

Letter Village of TroutValley

C00004

Transmittal Letter Village of Lake in the Hills

C00005

Transmittal Letter Village of Oakwood Hills

C00006

Transmittal Letter City of Crystal Lake

C00007

Transmittal Letter Village of Cary

C00008

Certified

Mail Public Hearing

Notice

C00009-C0001 0

Public Hearing Notice Letter

C0001 I -C0001 5

Applicant Proof of Filing

C00016-C00010

Notice of Public Hearing

C00020-C00023

Certified Notice/Elected Officials

C00024

Proof of Filing

C00025-00039

Sign-Up Sheets forVerbal

Public Comment

C00040

Sign-In Sheet for Public Document Room

C00041 -C00048

Sign-Up Sheet for Objectors

and Other Participants

C00049-00051

Sign-Up Sheets forVerbal Public Comment

C00052

Memorandum Bright Oaks Condo Association

authorized as Objector

C00053

Hearing

Officer Objector Listing

C00054-C00130

Public Notice for Pollution Control Facility Siting Committee Meeting for Waste

Transfer Facility Site Visits

C00131-C00146

Certificate of Service Meeting Notice of McHenry County Board

C00146A-C00146W

Meeting Notice and Certificate of Meeting Notice of Pollution Control Facility Siting

Committee Meeting

C00147

Pollution

Control Facility Siting Committee Meeting Agenda February 24,

2003

C00148

Pollution Control Facility Siting Committee Minutes December

19,

2002

COOl 50-C00166

Articles of Rules

and

Procedures Regional Pollution Control

Facility Committee

McHenry County,

Illinois

COOl 67

Draft Proposed

Hearing Rules

and Procedures

C00169

Hearing Rules and Procedures

COOl 72

Motion for Production of Documents

COOl 73

Motion

in

Limine Regarding Public

Hearing Participation (Withdrawn)

COOl 75-COOl 76

Pollution Control

Facility Siting Committee Minutes February 24, 2003

COOl 77

Pollution

Control Facility Siting Committee Transcripts February 24, 2003

1

---

COOl 78-COOl 80

Pollution Control

Facility Siting CommitteeTranscripts for March 1, 2003

COOI8I-C00185

Pollution Control

Facility Siting Committee Transcripts for March 3, 2003

COOl 86-COOI9O

Pollution Control

Facility Siting Committee Transcripts for March 4, 2003

COO191-CO0195

Pollution Control Facility Siting Committee Transcripts for March 6, 2003

COOl 96-COOl 99

Pollution Control Facility Siting Committee Transcripts for March 7, 2003

COO200-C0O204

Pollution Control

Facility Siting Committee Transcripts for March 8, 2003

COO2O5-COO210

Pollution Control Facility Siting Committee Transcripts for March II,

2003

COO2I l-C0021 5

Pollution Control

Facility Siting Committee Transcripts for March

12, 2003

COO216-CO0220

Pollution Control

Facility Siting Committee Transcripts for March 13,

2003

C0O221-C00225

Pollution Control

Facility Siting Committee Transcripts for March 14,

2003

CO0226-CO0227

Pollution Control

Facility Siting Committee Transcripts for March 15,

2003

C0O228

Pollution Control

Facility Siting Committee Transcripts forApril

9, 2003

C00229-C0O232

Exhibit

List Applicant

C0O233

Applicant Exhibit

2

-

Enlarged

original color2-10

(Board)

CO0234

Applicant Exhibit

3

—

Enlarged

original 2-I

(black & white) (Board)

CO0235

Applicant Exhibit 4

—

Aerial photograph

C0O236

Applicant Exhibit

5

—

Correction from

$

.20 to $40

CO0237

Applicant Exhibit

7

—

Notices

C00238

Applicant Exhibit

8

—

Solid Waste Association of North America Manual

C00239

Applicant

Exhibit

9

—

Solid Waste Transfer in Illinois Handbook

COO24O

Applicant

Exhibit

10

—

U.S.,

E.P.A. Waste Transfer Stations Manual

C0O241

Applicant

Exhibit

12

—

Transfer Station zoning

—

aerial

—

Year 2002

CO0242

Applicant

Exhibit

13

—

Transfer Station zoning

—

aerial

—

Year 2002

w/ pink areas

COO243-CO0262

Applicant

Exhibits l4a, l4b, 14c McHenry County Conservation Deeds

C0O263

Applicant

Exhibit

15

—

McHenry County Zoning Ordinance

C0O277

Applicant Exhibit

16

—

Algonquin Township

Recycling

Program

C0O281-CO0285

Applicant Exhibit

17

—

Upper Illinois RiverValley Development Authority /

Preliminary Bond Resolution No. 02-004 and Memorandum of Agreement

COO286

Applicant Exhibit

18

—

Wind Speed Chart

C00287

Applicant Exhibit

19— McHenry County General Highway

Map

C0O288

Applicant Exhibit

20

—

Metro Transportation Group

—

Miller Report 2/28/03

COO289

Applicant Exhibit

21

—

Map of Aurora/Naperville Fox Valley w/ site

and

truck routes

COO29O

Applicant Exhibit

22

—

Vehicle Queue

at Woodland Transfer Station

C0O291

Applicant Exhibit

23

—

Nonhazardous

Solid Waste Management and

Landfill Capacity in

Illinois for2001

E.P.A.

2

---

CO0292

Applicant Exhibit 24

—

Nicodem Woodland

Report / Part 2.0

COO293

Applicant Exhibit 25

—

Woodland

drawing

—

Traffic circulation

pattern

3-1

CO0294

Applicant Exhibit 26

—

Woodland drawing

—

site plan

COO295-G003O6

Applicant

Exhibit 27

—

McHenry County Septic Permit

COO3O7-COO3I

1

Applicant

Exhibit 28

—

Upper Illinois RiverValley Development Authority

Application and supplement

COO3I2-COO3I5

Exhibit Lit of the Village of Cary

C0O316-C0O325

Village of Gary Exhibit I

—

Lawrence E. Thomas professional qualifications

C0O326

Village of Gary Exhibit 2

—

Thomas Report regarding the local area

hydrogeology

COO327-C0O332

Village of Gary Exhibit

3

—

Village of Cary Groundwater protection needs

Assessment

G0O333

Village of Gary Exhibit 4

—

Generalized cross section

—

I

monitoring well

C00334&C0O334A

Village of Gary Exhibit 5

—

Village of Gary aerial

—

red &

blue

lines

C0O335

Village of Gary Exhibit

6

—

Site

—

red triangle

—

yellow blocks (Board)

G0O336

Village of Gary Exhibit 7

—

Generalized cross section

—

3 monitoring wells

C00337

Village of Cary Exhibit

8

—

Man between

boxes of water

CO0338

Village of Gary Exhibit

9

—

Kenig, Lindgren, O’Hara, Aboona, Inc. /

Summary Traffic Evaluation

GO0339

Village of Gary Exhibit

10

—

I.D.O.T. / Design

Manual Ghapter 36

C0O340

Village of Cary Exhibit

11

—

415 ILCS 5/21(d)

COO34I

Village

of Gary Exhibit 12—415 ILCS 5/22.38

C00342-COO393

Village of Cary Exhibit

13—

IL., E.P.A. letter dated 2/1 8/03 to Mayer,

Brown, Rowe

& Maw

COO394

Village of Gary Exhibit

14

-

N.I.P.C. / A.D.I.D. Study

C00395-GOO397

Village of Cary Exhibit

15

—

Resume

I

Cameron Davis

COO398

Village of Gary Exhibit

16— Davis Report

COO399

Village

of Cary Exhibit

17

—

Aerial of subject & surrounding properties

(Three separate maps combined

—

Board)

COO400

Village of Cary Exhibit

18

—

Original Photographs

COO4OI &COO4OIA

Village of Gary Exhibit

19

—

Village of Cary 2002 Zoning Map (Folded & Board)

COO4O2

Village of Gary Exhibit 20

—

Village

of Cary Centennial Comprehensive

Plan—Adopted

1992

C0O403

Village of Cary Exhibit

21

—

Village of Gary Comprehensive

Plan

Map

1992

(Board)

COO4O4&COO4O4A

Village of Gary Exhibit 22

—

Plote Development History in Cary (Folded &

Board)

C00405-COO4I 8

Village

of Gary Exhibit 23

—

Village of Gary Waste Recycling Yard Waste for

the year 2002

3

---

G0O419

Village of Gary Exhibit 24— Break

Even Distance 10-20 mile radius

map (Board)

C0042O

Village of Gary Exhibit 25

—

Map of distance of Lowe Enterprise,

Inc. from

Bright Oaks

G00421

Village of Gary Exhibit 26

—

Original video

C0O422

Village of Gary

Exhibit 27

—

Edited video

CO0423-COO425

Village of Gary Exhibit 28

—

N. Derw Petterson, AICP resume

C0O426-C00445

Village of Gary Exhibit

29

—

Petterson

Report / Gompatibility w/

Surrounding Area

CO0446&COO446A

Village of Gary Exhibit

30

—

Plan

indentifying recreational uses of Hollows

COO447&G00447A

Village of Gary Exhibit 31

—

McHenry County Year 2010 Land Use Plan

(Portion)

G0O448

Village of Gary Exhibit 32

—

David

B. Miller resume

CO0449-COO453

Village of Gary Exhibit 33

—

Miller Report

COO454-C00456

Village of Gary Exhibit 34

—

AASHTO

—

Policy on Geometric Design of

Highways 2001

(3 pages)

C00457

Village of Gary Exhibit

35

—

METRO Report on Woodland

June 2003

C0O458-C00462

Village of Gary Exhibit

36

—

Andrew

F. Nickodem resume

GOO463

Village of Gary Exhibit 37

—

Nicodem

Report

GOO464

Village of Gary Exhibit 38

—

Site Plan

C00465

Village of Gary Exhibit 39

—

Traffic Plan

G0O466&G00466A

Village of Gary Exhibit 40

—

Traffic Plan

5

—

E

-

8 / 2 color

CO0447&GO0467A

Village of Gary Exhibit 41

-

Site Plan

5

—

E

—

2 multicolor

GO0468

Village of Gary Exhibit 42

-

Stormwater Management Plan

COO469-C0O474

Village of Gary Exhibit 43

-

Instructions & application for operating permit

—

I.E.P.A.

(form)

CO0475

Village of Gary Exhibit 44

—

Kevin W. Sutherland,

P.E.

resume

GOO476-COO483

Village

of Gary

Exhibit 45

—

Sutherland

Report

COO484-GOO59O

Village of Gary Exhibit 46

—

Chronology,

Communications and e-mail

Between Cynthia Grandfield, Assistant State’s

Attorney and Chris

Burger

Patrick Engineering

Inc. (108

pages)

COO59I-C0O670

Village of Gary Exhibit 47— Patrick Engineering

handwritten calculation

Sheets (80 pages)

CO0671-GOO769

Village of Gary Exhibit 48— E-mails

GOO77O-COO773

Village of Gary

Exhibit 49

—

Well log reports

COO774-GO0776

Village of Gary Exhibit

50

—

I.E.P.A. groundwater section letter dated

11/15/99

4

---

C0O777-G00778

Village of Gary Exhibit

51

—

API No.

121112410800 well

log 4/00

C0O779-COO78I

Village of Gary Exhibit

52

—

Use

of Tritium

in Assessing Aquifer

Vulnerability

CO0782

Village of Gary Exhibit

53

—

I.E.P.A.

I

F.O.I.A.

Request 3/7/03

GO0783-C00852A

Village of Gary

Exhibit 54

—

I.E.P.A.

!F.O.I.A. Response 2/21/03

GO0853-GO0883

Village of Gary Exhibit

55

—

F.O.I.A. delegation agreement / I.E.P.A.

and

McHenry County

GOO884

Village of Gary Exhibit

56

—

McHenry County Zoning Ordinance

CO0885-GOI 143

Village of Gary Exhibit

57

—

F.O.I.A. response

I

Pollution

Control Siting

Committee

—

agendas,

minutes & Documents

CO1144-COII46

Village of Gary Exhibit

58

—

Fax cover and

letter to State’s Attorney from

Attorney Helsten

COl 147-GOI

188

Village of Gary Exhibit

59— F.O.I.A. response from County staff

COl 189-COI 192

Exhibit

List of Plote

GOII93-G01I97

Plote Exhibit I

—

Conceptual development plan

CDII 98-G01215

Plote Exhibit

2

—

Ordinance for mining

C012I6

Plote Exhibit

3

—

Reclamation plan

CO1217

Plote Exhibit 4

-

Colored map! aerial! blue

& red outlines

G01218

Plote Exhibit 5— Proposed

storm sewer improvement

C01219

Plote Exhibit 6— Letter dated 8/21/01

from

SuzAnne Ehardt, Director

Code

Enforcement Officer

GOI22O

Plote Exhibit

7— Proposed development plans

G0122l-GO 1224

Plote Exhibit

8

—

Marketing brochure

GO 1225

Plote Exhibit

9

—

Preliminary

site plan 1/30/03!

Haeger Engineering

GO1226-GO1228

Polte Exhibit

10— Petition for annexation 2/8/03

G01229-CO1232

Polte Exhibit II

—

Publication notice for annexation 3/1/03

CO1233-CO1273

Polte Exhibit

12

—

Groundwater sampling analysis —2000

CO1274

Polte Exhibit

13— Northbrook Waste Transfer Site

—

Aerial

(Board)

CO1275

Polte Exhibit

14

—

Photo from proposed transfer station looking towards

Residential

(Board)

COI276

Polte Exhibit

15— Photo from

residential looking towards transfer station

(Board)

GO1277

Polte

Exhibit

16— Tree line residential photo from

rail (Board)

GO1278

Polte Exhibit

17— Railroad right of way photo from

rail (Board)

CO1283-CO1285

Bright Oaks

Subdivision Exhibit 2— John 1. Whitney,

MAI curriculum vitae

CO1286-CO383O

Public comment received from December 2, 2002 through April

14,

2003

5

---

C03831-C03832

Motion for Notice to Appear for Patrick Engineering

G03833-G03834

Motion for Notice to Appear for Marshall Lowe

G03835-C03836

Motion to Make Information Available on the Record

G03837-GO3838

Motion forAdditional Disclosure on the Record

CO33839-CO384I

Motion for Site Visit

C03842

Express Mail Filing Date for Village of Gary’s

Findings of Fact and Conclusion of

Law

C03843-G03846

Letter for Mayer Brown Rowe & Maw Regarding Submission of Additional

Materials for Public Record

C03847-CO3848

Notice of Filing Proposed

Findings of Fact and Conclusion of Law of the Village

of

Gary

C03849-CO385O

McHenry County Memorandum Regarding the Availabilityof the Public Record

for Viewing

C03851

McHenry County Letter Distributing County Staff Report

G03852-GO3992

McHenry County Staff Report

CO3993-CO4O3I

Lowe Transfer Inc.

and Marshall

Lowe Additional Public Comments

G04032-G04O56

Lowe Transfer Inc.

and Marshall Lowe Proposed Findings of Fact and Conclusion

of Law

CO4O57-G07235

Memorandum on

Behalf of the Village of Gary In Support of Findings

of Fact and

Conclusion of Law

CO7237

Pollution Control

Facility Siting Committee Transcript for April 28,

2003

C07238-CO7242

Pollution Control

Facility Siting Committee Findings and Recommendation to the

McHenry County Board Regarding the

Proposed Northwest

Highway Transfer

Facility

GO7243

Letter from the Chairman

of the Pollution Control Facility Siting Committee

Transmitting Findaings and

Recommendation

to the McHenry County Board

Regarding the Proposed

Northwest Highway Transfer Facility

CO7244

McHenry County Board Transcript for May 6, 2003

G07245-C0725O

Findings and Resolution of the McHenry County Board

Regarding Siting of the

Proposed Northwest Highway Transfer Station

Facility

6