[BCNnet] Lake Calumet marina

[Joel Brammeier]

I've been looking into the proposed Lake Calumet marina for the last few
days, and would like to share what I've found.

It is true that this project does not require a 404 Clean Water Act permit.
There will be no discharge of fill associated with this project.

The permit application for the marina requests a permit under Section 10 of
the Rivers and Harbors Act of 1899. This act states:
"the creation of any obstruction not affirmatively authorized by Congress,
to the navigable capacity of any of the waters of the United States is
hereby prohibited; and it shall not be lawful to build or commence the
building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead,
jetty, or other structures in any port, roadstead, haven, harbor, canal,
navigable river, or other water of the United States, outside established
harbor lines, or where no harbor lines have been established, except on
plans recommended by the Chief of Engineers and authorized by the Secretary
of War; and it shall not be lawful to excavate or fill, or in any manner to
alter or modify the course, location, condition, or capacity of, any port,
roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within
the limits of any breakwater, or of the channel of any navigable water of
the United States, unless the work has been recommended by the Chief of
Engineers and authorized by the Secretary of War prior to beginning the
same."
In short, you cannot build a marina in the waters of the United States,
including Lake Calumet, without the approval of the Army Corps or Congress.
The Illinois International Port District is requesting a Letter of
Permission from the Corps that would allow construction of the marina.  As
Mr. Marcisz correctly pointed out in his first email, this process can only
be used if "proposed work...would not have significant individual &
cumulative impacts on environmental values, and should encounter no
appreciable opposition." That quote is from the U.S. Code of Federal
Regulations and is written specifically about Section 10 of the Rivers and
Harbors Act.
It appears that this project will have significant impacts on environmental
values and that there is appreciable opposition to the project, judging by
the number of phone calls the Corps is receiving. The Corps cannot just use
the Letter of Permission process whenever they want to-an accurate
assessment of environmental impact and public opposition is expected.
The alternative way for the Port District to apply for a permit is to file a
regular application which is subject to a regular public comment period.
Given that the requirements for the Letter of Permission process do not
appear to be fulfilled, I believe the Corps is acting inappropriately by
using this process. A regular permit application should be required and the
public should have every opportunity to comment. My feeling right now is
that this project is not a "done deal."

Joel Brammeier
Habitat Coordinator / Science Manager
Lake Michigan Federation
220 S. State Street
Suite 1900
Chicago, IL 60604
jbrammeier@lakemichigan.org