[BCNnet] Lake Calumet marina update
Karolyn Beebe
keedo@merr.com
Tue, 11 Jun 2002 22:58:33 -0500
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Walter wrote: Hopefully everyone will be able to download it OK. >
If not here's a copy - full of concerns that deserve more letters, by =
Friday.=20
-kb
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
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June 11, 2002
Ron Abrant
U.S. Army Corps of Engineers
Chicago District, Regulatory Branch
111 N. Canal, 6th Floor
Chicago, IL 60606
Re: Individual Permit Application No. 200200427
Dear Mr. Abrant:
The Lake Michigan Federation requests that the U.S. Army Corps of =
Engineers require the Illinois International Port District (IIPD) to =
file a complete Environmental Impact Statement (EIS) for all plans =
currently on record for the development of the Lake Calumet region =
before a permit can be considered on this project. The EIS process =
should include public hearings that allow the needs and desires of the =
local community to be heard.
Lake Calumet is the only inland lake in Illinois hydrologically =
connected to Lake Michigan, and the Calumet River is the largest Lake =
Michigan tributary in the state. This system provides migratory bird =
habitat as well as feeding and spawning habitat for Great Lakes fish =
species. Portions of the Lake Calumet shoreline are known to be =
relatively high-quality wetland systems that normally drain directly =
into the Great Lakes basin. Lake Calumet currently hosts a number of =
Illinois state endangered bird species, including the black-crowned =
night-heron, the little blue heron, and the yellow-headed blackbird. In =
addition, there is evidence that waterways in the region are serving as =
habitat for the Illinois state endangered lake sturgeon. Unfortunately, =
the current volume of scientific data on fish and wildlife communities =
in the area is simply insufficient to make an informed decision about =
this project. An EIS will help provide this essential information.
In its 2002 Environmental Assessment (EA), Kudrna and Associates suggest =
that prior permits (1982, 1992) issued for work on the project provide =
support for approval of this permit. Significant social and ecological =
changes have occurred in the Lake Calumet region since the time those =
permits were issued. The City of Chicago is committed to preserving the =
natural resources of the Calumet region. Many community groups, in =
addition to the Federation, recognize the environmental and social value =
of the lake. Multiple former stressors on the ecosystem have been =
removed, and research suggests that the ecosystem is making great =
strides towards a full recovery. Therefore, we believe the issuance of =
the previous permits has no relevance to the approval of the current =
application.
The construction of the marina will have an immediate impact on the =
lakebottom through the sinking of steel spud piles into the lake for =
purposes of dock construction. The spuds are to be removed each winter =
and placed again in the spring. In addition, plans call for a steel =
sheet to be driven directly into the lakebottom near the shoreline for =
purposes of boat well construction. These activities will cause =
continuous disturbance to the lakebottom and may render the area =
unsuitable for fish habitat.
Of greater concern to us, however, are the multiple, foreseeable =
cumulative environmental impacts due to construction of the marina. The =
project will provide capacity for over 1000 boats, most or all of which =
will be powerboats. This type of boat traffic will cause significant =
disturbance to the ecosystem, by stirring up sediment and through the =
discharge of air and water-borne pollutants. The construction of new =
hard surfaces for marina buildings, parking lots, boat storage, and =
repair facilities will result in increased direct runoff of stormwater =
into Lake Calumet, as well indirect runoff into wetlands adjacent to the =
construction site. This stormwater may be contaminated with road salt, =
petroleum, boat cleaning products, and other chemical products related =
to powerboat use. Regular dredging activities are common in similar =
harbors in the city of Chicago, and we would expect the same to be =
needed here to accommodate boat traffic in the future. This dredging =
could sterilize the lakebottom and render it unsuitable for fish =
habitat.
In addition, use of the lake for power boating is incompatible with its =
role as habitat for migratory birds. Many boat owners will presumably =
be using their boats during migration, which peaks during May and =
September. The bird population information cited in the EA has been =
called "extremely incomplete" by Doug Stotz, author of the study, who =
also indicated that an accurate assessment of Lake Calumet's bird =
community would require an EIS. This suggests that the data in the EA =
is being used out of context.
There is considerable concern that increased recreational boat traffic =
on the Calumet River as a result of this project will cause serious =
navigational problems for commercial shippers. The Illinois River =
Carriers' Association, representing 38 companies that provide transport =
services in the Illinois Waterway system, calls the current situation on =
the Calumet River "an accident waiting to happen" in a May 10, 2002 =
letter to the Illinois DNR. A letter from the U.S. Coast Guard =
expressed similar concerns. There is a dearth of no-wake zones on the =
river, and any existing rules governing recreational boating traffic =
appear to be largely ignored. There is no full-time enforcement of =
boating safety on the Calumet, and no plans to implement this =
enforcement in the near future.
These impacts must be dealt with using the EIS process. It is clear =
that the action of issuing a Section 10 permit constitutes a major =
federal action and falls under the requirements of the National =
Environmental Policy Act (NEPA). In Conservation Council of North =
Carolina v. Costanzo, 398 F.Supp. 653, 672 (E.D.N.C. 1975), the court =
stated that "it is settled law that the issuance of a permit by a =
federal agency involves a "federal action' for purposes of the impact =
statement requirement." This same case required the Corps to write an =
EIS for the construction of a marina since the marina was expected to =
spur further development.
Likewise, this marina is intended as part of a larger development plan =
for Lake Calumet. As the EA states, "the same entity (IIPD) that =
developed Harborside is the [marina] project proponent." The recent =
construction of Harborside International Golf Course, prior permits =
issued for the marina project, and comprehensive plans on file with the =
Illinois Department of Transportation are all indicative of this plan. =
Components of these plans include golf course expansion, hotel =
construction, and filling of the lake. These projects, to be undertaken =
by a single entity (IIPD), are similar in their geography and cumulative =
in their impact. For these reasons, an EIS must be undertaken prior to =
consideration of this permit. It is well settled that agencies may not =
allow significant developments to proceed in a segmented fashion without =
a comprehensive review of all the primary, secondary, and tertiary =
effects of such development. Los Ranchos De Albuquerque v. Barnhart, 906 =
F.2d 1477, 1483 (10th Cir. 1990), certiorari denied, 498 U.S. 1109 =
(1991)(segmentation of project causing "major environmental impact" is =
unacceptable); see also Piedmont Heights Civic Club, Inc. v. Moreland, =
637 F.2d 430, 439 (5th Cir. 1981); Kleppe v. Sierra Club, 427 U.S. 390, =
412-415 (1976); Alpine Lakes Protection Society v. Schlapfer, 518 F.2d =
1089, 1090 (9th Cir. 1975). IIPD's ability to complete future projects =
on Lake Calumet will be enhanced by income associated with the marina. =
IIPD should not proceed with Lake Calumet development plans in a =
segmented manner so as to avoid a more thorough review of the =
environmental impacts of such plans.
Regarding the construction activities, the EA states that "Current and =
past ecological studies have not documented the flora and fauna in the =
area.so specific impacts to wildlife and vegetation.cannot be =
quantified." This encapsulates the need for an EIS. The EA is =
insufficient for decision-making purposes, as it does not contain the =
complete scientific research needed to make a sound decision on this =
proposal.
The Lake Michigan Federation is the oldest citizen-based environmental =
advocacy organization in the Great Lakes. The Federation works to =
restore fish and wildlife habitat, conserve land and water, and =
eliminate pollution in the watershed of America's largest lake. We =
achieve this through education, research, law, science, economics, and =
strategic partnerships. We ask that you require an EIS prior to =
considering a decision on this permit. This is the only way to ensure =
that a final decision includes consideration of all affected parties as =
well as protection of our valuable Great Lakes ecosystem.
Thank you for the opportunity to comment on this application. If you =
have any questions, please feel free to contact me at 312-939-0838x4.
Sincerely,
Joel Brammeier
Habitat Coordinator
cc: Mitchell Isoe, USACE
John Rogner, USFWS
Dan Injerd, IL DNR-OWR
----- Original Message -----=20
From: WJMarcisz@aol.com=20
To: BCNnet@ece.iit.edu=20
Sent: Tuesday, June 11, 2002 7:58 PM
Subject: Fwd: [BCNnet] Lake Calumet marina update
Dear BCNnet,=20
Attached is a file with the letter that Joel Brammeier sent to USACE =
on behalf of Lake Michigan Federation regarding the proposed Calumet =
marina. Hopefully everyone will be able to download it OK.=20
Again, Joel indicates he will allow interested parties to draw upon =
his concepts for ideas for their original letters, but he stresses that =
ORIGINAL letters are best. (Copied letters are ineffective).=20
Deadline for letters is June 14th!=20
Thank you much, again, to all who can help!=20
Walter Marcisz, Chicago, Cook Co.=20
WJMarcisz@aol.com =20
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<DIV>
<DIV>
<DIV><FONT face=3DArial size=3D2>Walter wrote: Hopefully everyone will =
be able to=20
download it OK. ></FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2>If not </FONT><FONT =
face=3DArial=20
size=3D2>here's a copy - full of concerns that deserve more=20
letters, by Friday. </FONT></DIV>
<DIV><FONT face=3DArial size=3D2>-kb</FONT></DIV>
<DIV>=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D</DIV>
<DIV>June 11, 2002</DIV>
<DIV> </DIV>
<DIV>Ron Abrant<BR>U.S. Army Corps of Engineers<BR>Chicago District, =
Regulatory=20
Branch<BR>111 N. Canal, 6th Floor<BR>Chicago, IL 60606</DIV>
<DIV> </DIV>
<DIV>Re: Individual Permit Application No. 200200427</DIV>
<DIV> </DIV>
<DIV>Dear Mr. Abrant:</DIV>
<DIV> </DIV>
<DIV>The Lake Michigan Federation requests that the U.S. Army Corps of =
Engineers=20
require the Illinois International Port District (IIPD) to file a =
complete=20
Environmental Impact Statement (EIS) for all plans currently on record =
for the=20
development of the Lake Calumet region before a permit can be considered =
on this=20
project. The EIS process should include public hearings that allow the =
needs and=20
desires of the local community to be heard.</DIV>
<DIV> </DIV>
<DIV>Lake Calumet is the only inland lake in Illinois hydrologically =
connected=20
to Lake Michigan, and the Calumet River is the largest Lake Michigan =
tributary=20
in the state. This system provides migratory bird habitat as well =
as=20
feeding and spawning habitat for Great Lakes fish species. =
Portions of the=20
Lake Calumet shoreline are known to be relatively high-quality wetland =
systems=20
that normally drain directly into the Great Lakes basin. Lake Calumet =
currently=20
hosts a number of Illinois state endangered bird species, including the=20
black-crowned night-heron, the little blue heron, and the yellow-headed=20
blackbird. In addition, there is evidence that waterways in the =
region are=20
serving as habitat for the Illinois state endangered lake =
sturgeon. =20
Unfortunately, the current volume of scientific data on fish and =
wildlife=20
communities in the area is simply insufficient to make an informed =
decision=20
about this project. An EIS will help provide this essential =
information.</DIV>
<DIV> </DIV>
<DIV>In its 2002 Environmental Assessment (EA), Kudrna and Associates =
suggest=20
that prior permits (1982, 1992) issued for work on the project provide =
support=20
for approval of this permit. Significant social and ecological =
changes=20
have occurred in the Lake Calumet region since the time those permits =
were=20
issued. The City of Chicago is committed to preserving the natural =
resources of=20
the Calumet region. Many community groups, in addition to the =
Federation,=20
recognize the environmental and social value of the lake. Multiple =
former=20
stressors on the ecosystem have been removed, and research suggests that =
the=20
ecosystem is making great strides towards a full recovery. Therefore, we =
believe=20
the issuance of the previous permits has no relevance to the approval of =
the=20
current application.</DIV>
<DIV> </DIV>
<DIV>The construction of the marina will have an immediate impact on the =
lakebottom through the sinking of steel spud piles into the lake for =
purposes of=20
dock construction. The spuds are to be removed each winter and =
placed=20
again in the spring. In addition, plans call for a steel sheet to be =
driven=20
directly into the lakebottom near the shoreline for purposes of boat =
well=20
construction. These activities will cause continuous disturbance to the=20
lakebottom and may render the area unsuitable for fish habitat.</DIV>
<DIV> </DIV>
<DIV>Of greater concern to us, however, are the multiple, foreseeable =
cumulative=20
environmental impacts due to construction of the marina. The project =
will=20
provide capacity for over 1000 boats, most or all of which will be=20
powerboats. This type of boat traffic will cause significant =
disturbance=20
to the ecosystem, by stirring up sediment and through the discharge of =
air and=20
water-borne pollutants. The construction of new hard surfaces for =
marina=20
buildings, parking lots, boat storage, and repair facilities will result =
in=20
increased direct runoff of stormwater into Lake Calumet, as well =
indirect runoff=20
into wetlands adjacent to the construction site. This stormwater may be=20
contaminated with road salt, petroleum, boat cleaning products, and =
other=20
chemical products related to powerboat use. Regular dredging =
activities=20
are common in similar harbors in the city of Chicago, and we would =
expect the=20
same to be needed here to accommodate boat traffic in the future. This =
dredging=20
could sterilize the lakebottom and render it unsuitable for fish =
habitat.</DIV>
<DIV> </DIV>
<DIV>In addition, use of the lake for power boating is incompatible with =
its=20
role as habitat for migratory birds. Many boat owners will =
presumably be=20
using their boats during migration, which peaks during May and =
September. =20
The bird population information cited in the EA has been called =
“extremely=20
incomplete” by Doug Stotz, author of the study, who also indicated =
that an=20
accurate assessment of Lake Calumet’s bird community would require =
an EIS. =20
This suggests that the data in the EA is being used out of =
context.</DIV>
<DIV> </DIV>
<DIV>There is considerable concern that increased recreational boat =
traffic on=20
the Calumet River as a result of this project will cause serious =
navigational=20
problems for commercial shippers. The Illinois River Carriers’ =
Association,=20
representing 38 companies that provide transport services in the =
Illinois=20
Waterway system, calls the current situation on the Calumet River =
“an accident=20
waiting to happen” in a May 10, 2002 letter to the Illinois =
DNR. A letter=20
from the U.S. Coast Guard expressed similar concerns. There is a =
dearth of=20
no-wake zones on the river, and any existing rules governing =
recreational=20
boating traffic appear to be largely ignored. There is no full-time =
enforcement=20
of boating safety on the Calumet, and no plans to implement this =
enforcement in=20
the near future.</DIV>
<DIV> </DIV>
<DIV>These impacts must be dealt with using the EIS process. It is =
clear=20
that the action of issuing a Section 10 permit constitutes a major =
federal=20
action and falls under the requirements of the National Environmental =
Policy Act=20
(NEPA). In Conservation Council of North Carolina v. Costanzo, 398 =
F.Supp. 653,=20
672 (E.D.N.C. 1975), the court stated that “it is settled law that =
the issuance=20
of a permit by a federal agency involves a “federal action’ =
for purposes of the=20
impact statement requirement.” This same case required the Corps =
to write an EIS=20
for the construction of a marina since the marina was expected to spur =
further=20
development.</DIV>
<DIV> </DIV>
<DIV>Likewise, this marina is intended as part of a larger development =
plan for=20
Lake Calumet. As the EA states, “the same entity (IIPD) that =
developed=20
Harborside is the [marina] project proponent.” The recent =
construction of=20
Harborside International Golf Course, prior permits issued for the =
marina=20
project, and comprehensive plans on file with the Illinois Department of =
Transportation are all indicative of this plan. Components of these =
plans=20
include golf course expansion, hotel construction, and filling of the=20
lake. These projects, to be undertaken by a single entity (IIPD), =
are=20
similar in their geography and cumulative in their impact. For these =
reasons, an=20
EIS must be undertaken prior to consideration of this permit. It is well =
settled=20
that agencies may not allow significant developments to proceed in a =
segmented=20
fashion without a comprehensive review of all the primary, secondary, =
and=20
tertiary effects of such development. Los Ranchos De Albuquerque v. =
Barnhart,=20
906 F.2d 1477, 1483 (10th Cir. 1990), certiorari denied, 498 U.S. 1109=20
(1991)(segmentation of project causing "major environmental impact" is=20
unacceptable); see also Piedmont Heights Civic Club, Inc. v. Moreland, =
637 F.2d=20
430, 439 (5th Cir. 1981); Kleppe v. Sierra Club, 427 U.S. 390, 412-415 =
(1976);=20
Alpine Lakes Protection Society v. Schlapfer, 518 F.2d 1089, 1090 (9th =
Cir.=20
1975). IIPD’s ability to complete future projects on Lake Calumet =
will be=20
enhanced by income associated with the marina. IIPD should not proceed =
with Lake=20
Calumet development plans in a segmented manner so as to avoid a more =
thorough=20
review of the environmental impacts of such plans.</DIV>
<DIV> </DIV>
<DIV>Regarding the construction activities, the EA states that =
“Current and past=20
ecological studies have not documented the flora and fauna in the =
area…so=20
specific impacts to wildlife and vegetation…cannot be =
quantified.” This=20
encapsulates the need for an EIS. The EA is insufficient for =
decision-making=20
purposes, as it does not contain the complete scientific research needed =
to make=20
a sound decision on this proposal.</DIV>
<DIV> </DIV>
<DIV>The Lake Michigan Federation is the oldest citizen-based =
environmental=20
advocacy organization in the Great Lakes. The Federation works to =
restore fish=20
and wildlife habitat, conserve land and water, and eliminate pollution =
in the=20
watershed of America's largest lake. We achieve this through education,=20
research, law, science, economics, and strategic partnerships. We ask =
that you=20
require an EIS prior to considering a decision on this permit. This is =
the only=20
way to ensure that a final decision includes consideration of all =
affected=20
parties as well as protection of our valuable Great Lakes =
ecosystem.</DIV>
<DIV> </DIV>
<DIV>Thank you for the opportunity to comment on this application. =
If you=20
have any questions, please feel free to contact me at =
312-939-0838x4.</DIV>
<DIV> </DIV>
<DIV>Sincerely,</DIV>
<DIV> </DIV>
<DIV>Joel Brammeier<BR>Habitat Coordinator</DIV>
<DIV> </DIV>
<DIV>cc: Mitchell Isoe, USACE<BR>John Rogner, USFWS<BR>Dan Injerd, IL=20
DNR-OWR<BR></DIV></DIV>
<BLOCKQUOTE=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV=20
style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
<A title=3DWJMarcisz@aol.com=20
href=3D"mailto:WJMarcisz@aol.com">WJMarcisz@aol.com</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3DBCNnet@ece.iit.edu=20
href=3D"mailto:BCNnet@ece.iit.edu">BCNnet@ece.iit.edu</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Tuesday, June 11, 2002 =
7:58=20
PM</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Subject:</B> Fwd: [BCNnet] Lake =
Calumet=20
marina update</DIV>
<DIV><BR></DIV><FONT face=3Darial,helvetica><FONT size=3D2>Dear =
BCNnet,=20
<BR><BR>Attached is a file with the letter that Joel Brammeier sent to =
USACE=20
on behalf of Lake Michigan Federation regarding the proposed Calumet =
marina.=20
Hopefully everyone will be able to download it OK. <BR><BR>Again, Joel =
indicates he will allow interested parties to draw upon his concepts =
for ideas=20
for their original letters, but he stresses that ORIGINAL letters are =
best.=20
(Copied letters are ineffective). <BR><BR>Deadline for letters is June =
14th!=20
<BR><BR>Thank you much, again, to all who can help! <BR><BR>Walter =
Marcisz,=20
Chicago, Cook Co. <BR><A =
href=3D"mailto:WJMarcisz@aol.com">WJMarcisz@aol.com</A>=20
</FONT> </FONT></BLOCKQUOTE></DIV></BODY></HTML>
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