March 23, 2000

Dear Sir or Madam :

The Illinois Chapter of the Sierra Club, which has many members who live in Lake County, Illinois and elsewhere who would be affected by damage to Red Wing Slough, the Antioch Bog Natural area and other areas and waters that will be degraded by this proposed permit, objects to the proposed 401 certification  and  states:

1. The necessary stormwater permit for construction of this over 5 acre  project should be an individual permit that is  carefully tailored to protect the high quality waters that may be degraded by the activity proposed to occur under this permit,
   
   
2. No Section 401 certification or stormwater permit should be granted before a complete nondegradation analysis is completed pursuant to 35 Ill. Adm. Code 302.105.  Under this regulation, the applicant must affirmatively demonstrate that the proposed project will not become injurious to any of the high quality waters that are in the vicinity of the site and that the amount of degradation that will unavoidably occur is justifiable as a result of necessary economic or social development, 
   
   
3. The studies of the Lake County Soil and Water Conservation District and IDNR relating to this proposed project demonstrate that, at least as the development is currently proposed, the Section 404 permit cannot be certified under Section 401 because the proposal would violate state water quality standards by violating the non-degradation standard, and
   
   
4. IEPA cannot certify this permit under Section 401 because it endangers the Iowa Darter and other rare species.  Illinois water quality standards require protection of aquatic life. 35 Ill. Adm. Code Section 302.203.

We thank you for your consideration.
 

Sincerely,   Albert Ettinger Water Issues Coordinator

cc:
IEPA Permit Section
IDNR (K. Shank)
USF&WS (K. Kramer)
LCSWCD (P. Kerpec)
Neumann Homes