United States Department of the Interior FISH AND WILDIFE SERVICE Chicago Illinois Field Office  1000 Hart Road, Suite 180  Barrington, Illinois 60010 847-381-2253  Fax 847-381-2285	March 2, 2000 COPY
	FWS/AES-CIFO

LTC Peter J. Rowan
District Engineer
U.S. Army Corps of Engineers
Chicago District
111 N. Canal Street
Chicago, IL 60606

Attention:  Marcy Knysz
                CELRC-CO-RP

Dear LTC Rowan:

This responds to your Public Notice dated February 25, 2000 seeking comments on application 200000222 submitted by Neuman Homes. The applicant is seeking authorization for construction of a residential development on a 605-acre parcel near Antioch, Illinois. The project would include approximately 1390 homes on this parcel which contains approximately 133 acres of wetlands and waters of the United States. Direct impacts to 2.81 acres of wetland are proposed with 1:1 onsite mitigation offered by the applicant, in addition to some unspecified wetland enhancements and approximately 70 acres of buffer.

We have reviewed the information in your Notice, the December 7, 1999 package submitted by Christopher B. Burke Engineering Ltd. (CBBEL) f9r the project, and the Natural Resource Inventory Report prepared by the Lake County Soil and Water Conservation District. We also participated in an interagency field inspection of the property on February 4, 2000.

Based upon the currently available information regarding the project, we recommend denial of the permit application. Our specific concerns with the project are provided below.

• The project proposes direct impacts to 2.81 ac?es 6fwetland~witb 1:1 replacenlent mitigation offered onsite. No detailed plans are apparently available regarding this mitigation, and thus we cannot comment on its adequacy until detailed plans can be reviewed.

 
• The applicant is proposing that the additional compensatory mitigation needed to bring it up to the customary ratio of 1.5:1 would be provided through the 70 acres of buffer created onsite and enhancements to existing wetlands to remain. This may be acceptable given the large amount ofmoderate to high quality wetlands present; however, a detailed plan of what this would encompass must be provided before any awarding of mitigation credit should be given. Detailed plans should be provided by the applicant showing how they will provide the buffers required under both the Chicago District's permit program and the Lake County Watershed Development Ordinance.

 
• Complete management plans need to be developed for the existing high quality wetland complexes on the property. Many are in various states of degradation; however, the presettlement, native vegetation is still present and could recover quickly under appropriate management.

 
• Provision for the long term ownership and management of the wetlands and buffers should be made prior to a permit determination. We recommend that an experienced land management agency or non-profit be considered.

 
• The specific wefland areas that would be impacted (2.81 acres) are not clearly shown on any exhibits we received. We request the opportunity to review these areas.

 
• Based upon our field inspection of February 4, 2000 and the flagging/staking that remained in the field at that time, we do not concur with the wetland delineation. We recommend a growing season review of the delineation in the field with the consultant prior to a permit determination. We would be happy to provide technical assistance at that time.

 
• Only a small concept plan for the parcel was provided for review. Until a more detailed plan is available, we suggest that the project may not satisfy the Section 404(b)(l) guidelines because it is not a water dependent activity and it is presumed there are alternatives. Moreover, without site plans it is very difficult to evaluate their stormwater management, best management practices, and buffers for adequacy in protecting the wetlands.

 
• We are also very concerned about indirect impacts to wetlands both on and off of the subject parcel. A development of this magnitude would result in significant erosion and stormwater runoff that would likely adversely affect nearby Antioch Bog and Red Wing Slough. We are particularly concerned with impacts, through runoff, to Red Wing Slough a state-owned conservation area where we have funded restoration activities.

 
• In further reference to the natural areas mentioned above, we note that the consultation concerning Illinois Natural Area Inventory sites and state-listed threatened and endangered species remains open. We recommend that this consultation be completed prior to a permit determination.

This letter provides comment under the authority of, and in accordance with, the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973, as amended (87 Stat. 884. as amended; 16 U.S.C. 1531 et seq.). If you have any questions regarding our comments, please contact Mr. Jeff Mengler at 847/381-2253, ext.226.

Sincerely,

[Karla Kramer, acting]

John D. Rogner
Field Supervisor
 

cc: IDNR, Horstman, Shank, Schanzie
    LCSWCD, Vaughan
    NRCS, Brandt
    USEPA, Elston
    LCHD-Lakes Unit, Pfister
    LCSMC, Corbna
    CBBEL, Anderson
    Antioch, Silhan
    Lake County Board, Martini
    Antioch Plan Commission, Binder