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