W&W Comments on Lake County Draft Framework Plan

		POB 5012 Vernon Hills, IL 60061 March 4, 2003
	Sierra Club Woods & Wetlands Group

Sierra Club Comments on Draft Lake County Framework Plan, March 5, 2002.

Chapter 4: Environmental Resources, Open Space, and Farmland

Reference Publications:

1. The Importance of Imperviousness, Watershed Protection Techniques, Vol.1, No. 3, Fall 1994.

2. The Ecology and Culture of Water, James M. Patchett, ASLA & Gerould S. Wilhelm, Ph.D., Conservation Design Forum, Inc., Revised March 23, 1998.

3. Designation of 8-hour Ozone Nonattainment Areas, Illinois Environmental Protection Agency, June 30, 2000 document.

4. Illinois Ozone Highs, Illinois Environmental Protection Agency website.

Each comment below begins with a page number and paragraph number that references the subject draft Chapter 4 as originally published on the Lake County Regional Framework Plan UPDATE website at http://www.co.lake.il.us/planning/Update/Chapter4.pdf, and now at http://www.co.lake.il.us/planning/support/framework/draftchap.asp#Rate and http://illinois.sierraclub.org/w&w/Chapter4abrgd.pdf

Page 4-1 P1

* We realize that this is an introduction, not a comprehensive cataloging of ecosystems, but the intent should be to conjure an image of the county's natural environment. Woods are a significant element in that image. Please add to the first sentence: "including prairies, [woods,] lakes, wetlands of all types ...

Page 4-1 P4 Issues and Opportunities

* Yes, "The quality and quantity of Lake County's water resources ... are being threatened." A few of these threats should be mentioned. Please add [by inefficient and unwarranted use of water, the systematic removal of topsoil, drainage of land, replacement of native flora with turf grass and impervious surfaces, regular application of polluting fertilizers, herbicides and pesticides, diversion and unmoderated release of wastewater into our waters, and other impacts of development.

Page 4-2 P1 Development Pattern

* The term "vacant" is pejorative, and should be omitted. "Forested, grassland and wetland" spaces are no more vacant because they are not dominated by man than are urban areas vacant because they are not dominated by nature.

* It is unclear what purpose is served by grouping areas according to this "urban, built-up" distinction, or how these criteria have been defined or applied. Are 10 acre wooded residential lots counted as urban? What about huge lawns and wooded areas in industrial parks? The section heading of "Development Pattern" suggests a habit or routine that is taking place, but there is no consideration given to conditions or precedents that support successional development. The segue to a delineation of "non-urban, built up" consisting of open space suggests that open space itself gives rise to development - and is the only place it occurs. Of course, many factors support urban development - and redevelopment, and inasmuch as the preamble witnesses the concern to preserve open space, the factors should be highlighted by this figure: infrastructure (transportation, water, sewer, electricity), zoning, population, etc. Alternatively, the section should be renamed: Open Space Lost to Development.

Page 4-2 P2 Development Pattern

* The total area of the county, according to the Lake County Reference Book, 1999-2000, is 470 square miles. That's 300,800 acres, and presumably includes the surface water areas. This paragraph says that 136,263 acres, or 45% of the county, was developed by 1990, and presumably this does not include the water areas. This implies 55% was then undeveloped. But paragraph 6 says that 90,000 acres or 30% of Lake County consists of surface water areas, so only 25% (55% minus 30%) of the county really remained undeveloped, not 55%. So what about the surface water area? It would be more revealing to specify the percentage of the county's dry land which has been developed: 136,263/(300,80-90,000)=65% in 1990, and 69% by 1995. Then the implication that less than 31% (at that rate of development, perhaps as little as 20% by 2002) of the county's dry land remains undeveloped would be an accurate impression. This reveals just how little land remains to be saved. The LCFPD presently owns around 26,000 acres, and it will take a total of around 30,000 acres for it to achieve its goal of 40 acres per 1000 residents by 2030. Assuming a third of that is water (the LCFPD counts water acres), half of the remaining dry land (half of the estimated 20% is 21,080) is accounted for by the LCFPD. If we retain the 10,000 privately owned acres being farmed, we can only tolerate around 10,000 acres of additional sacrifice of open space to development. Unfortunately, 40 acres per 1000 residents might not assure the survival of the county's rich wildlife, which often rely on large unbroken parcels with healthy contiguous ecosystems. Continuing development, as contemplated by the second paragraph of this chapter, is therefore likely to compromise the quality of our region unless it is substantially limited to redevelopment of existing urban areas.

* "The complex relationship between population and employment and development" seems key to this chapter 4. If it "will be presented in detail in the Land Use chapter," then the lessons from that chapter should be sewn into this chapter.

Page 4-2 P6 Watershed Planning and Stormwater Management

* There is no data supporting the assertion that "To this day, a large part of the County's overall drainage and storage system is still relatively natural." A major fraction of the flow in our rivers is delivered by artificial sewer and drainage outfalls. Besides the pollution that they contribute to the streams, these cause rapid changes and increases in flow during rain events. Many native plant species that would otherwise grow on the banks and the beds of our rivers do not tolerate this, and without them we are left with dirty rivers with eroding banks. It is insufficient to view our watersheds merely as part of the stormwater retention infrastructure, and doing so will continue to sacrifice habitats for diverse and beautiful species to ponds of stress-tolerant cattails. Watershed management must embrace measures to address runoff pollution and moderation of flow in order to restore the ability of natural components to maintain the quality of our waterways.

* The antecedent to flooding is artificially induced drought. Excess drainage of our soils results in floods during rain and melt periods, and induced drought during normal periods between those events. As a result, a significant quantity of fresh water resources is foolishly consumed for irrigation, and small streams often suffer from the lack of moderated seepage causing stagnation and desiccation of their beds. Topsoil moisture should be added to these multiple objectives. In addition, the word "more cost effective to" should be changed to "the most cost-effective way to."

Besides "letting nature do the work," there should be at least a mention of reducing the work that we expect nature to do: reducing the pollution in the run-off. The County should adopt goals of reducing its significant contribution to run-off pollution: road salt; as well as goals for reducing the pollution from all vehicles and properties in the county. Too many of our lakes are posted with No Swimming signs, and one reason for this is the unhealthy condition caused by the run-off of unwise and misapplied lawn chemicals. The County must do its part to reduce these "non-point" sources in order to restore this basic benefit of our public waters through marshaling of its own activities, and through education, adoption and enforcement of best use practices.

Page 4-5 P5&6 Illinois Natural Areas Inventory Areas

* It should be added that the Illinois Natural Inventory Areas shown are not comprehensive either as candidates for this list or for this distinction, and that they alone are far from sufficient to support the threatened and endangered species shown on the same map.

Page 4-5 P7 Threatened and Endangered Species

* It should be added that IL listed T&E species are afforded no protection whatsoever by the state.

* There are species awaiting federal T&E listing that will likely never be formally recognized, and whose habitat might not be included in these inventories. The distinction between county, state and federal endangered species and their protections should be explored more. If it's up to us at the local level, this document should make that clear, especially considering the recent and continuing deliberate abdication of this responsibility by the federal government regarding isolated wetlands, and its failure even to achieve "No Net Loss" of the wetlands for which it retains jurisdiction.

* It should be added that T&E species rely on the preservation of areas well beyond where they are commonly observed, to provide healthy conditions to support their food chain and habitat ecosystem. It's a common error that preservation of only the areas where these species are observed is sufficient to assure their recovery and survival. Many of these species (such as the Upland Sandpiper) also require large contiguous areas. Since these species are represented by only a symbol, the text should make clear the land requirement it implies.

Page 4-8 P5&6 Surface Water

* This Surface Water section fails to reveal the deplorable state of our waters, and what needs to be done to improve them. Please add this:

In their natural state most of our rivers and streams once received most of their water from seepage from lateral and adjacent wetlands and the water table below once-prevalent prairies. Drainage of over half of our wetlands and most of our prairies through farm tiles and storm sewers has accelerated the flow of rain and snow melt to our rivers. As a result, our rivers frequently flood, are polluted with sediment, nutrients, herbicides, pesticides, oils, salt and other chemicals; have eroded, channelized and denuded banks, and have lost many of the species that they once supported. Most fail the "swimmable, fishable, drinkable" test for human use. The further destruction of wetlands has been dramatically slowed to prevent further degradation of our streams, rivers and lakes, but prairie and wetland restoration necessary to recover the health of our surface waters has not been addressed. Best practices for developed areas should be promoted throughout the county to improve absorption and groundwater infiltration opportunities for runoff, including the retention of topsoil.

Page 4-8 P7 Wetlands

* Add this to the end of this paragraph: Most of Lake County's wetlands have been drained for farming and development, and this has resulted in flooding and impaired quality of our surface waters. Moreover, the quality of the county's wetlands decline when they are managed only as stormwater retention features. In order to retain the quality and diversity of our wetlands, and the wildlife that depend on them, we must not allow unmoderated flow of water or untreated urban pollutants to overstress their sensitive ecosystems. While wetlands are an important component for protecting the water quality of our surface waters, their quality relies on reducing pollution in the run-off from impervious surfaces, and retaining absorbent soils and deep rooted vegetation in bordering buffer areas.

Page 4-8 P8&9 Wetlands

* If possible, please indicate how many acres of wetlands have been drained or filled since the earliest records, and include a map showing predevelopment wetlands with present wetlands. This information is necessary to understand the importance of retaining what remains and recovering where possible some of what was lost. Figure 4.5 only indicates wetlands lost to farming, not development. If only the present condition is referenced, then the plan lacks a basis for recovery, and only relegates our remaining wetlands to further sacrifice to urban expansion. It's important to remember that the present SMC ordinances only prevent further degradation and damage from flooding. Without wetland recovery, man-made "flood control" proposals unavoidably include draconian measures. The County needs to retain a vision for recovering natural resources to correct the existing problem as well.

Page 4-10 P1 Hydric Soils

* This characterization of hydric soils lacks any appreciation of their value. Instead of the opening sentence, please use this: Hydric soils retain water and support rich biological communities that contribute to their organic content. Unfortunately, the construction of basements, roads and septic fields sacrifices these environmental legacy soils, and this generates stormwater problems. Therefore, removal of hydric soils should be accounted for as the construction of impervious surface, and minimized.

Page 4-10 P2 Flood Areas

* Rain is a natural, reoccurring event which, prior to human modifications of watershed components (soils, wetlands and waters), did not trigger "flood events" as this sentence indicates. Nor should Lake County's relatively flat topography be blamed for "flood events." Prior to development, wet areas distributed across the watershed, now drained, absorbed and limited the flow of rainwater into our waterways. The motion of water was largely vertical: absorption and transpiration; rather than lateral: drainage, flow and redistribution. The rivers didn't flood the floodplain, the floodplain fed the rivers. While many areas remained wet, few were subject to "flood events." "Flood events" are caused by drainage of historical wetland areas into surface waters and the term reflects the damage this causes to development that has been allowed in lowland areas. Rather than repeating the error of trying to prevent flood events by containing floodwaters, Lake County should continue to recover floodplains and wetlands so that rainwater reaches our waterways more slowly, and so our waterways can absorb these moderated flows without degrading their banks or damaging unwise development.

Page 4-10 P5 Flood Areas

* Lake County's topography is not the main cause of flooding. The rivers and streams do not generate water during storm events, and send it out onto the landscape as this paragraph's opening sentence implies. Rather, man-made drainage of the land and removal of topsoil has reduced its ability to absorb water, and the rapid delivery of rainwater exceeds the capacity of our lakes to contain, and our rivers to transport, the resulting flows. Please substitute this: Minimizing development in areas subject to flood events is essential to protect human life and property. Minimizing impervious surfaces and recovering prairies and wetlands throughout the watershed is essential to reducing the incidence and severity of flood events.

Page 4-10 Add Savanna Areas, Prairie Areas

* These two threatened ecosystems should not be overlooked by the County's vision for the future. Much attention has been given to protecting wetlands from thoughtless destruction, but, because of the competing uses for farming and development, little concern, other than purchase by the FPD, has been devoted to protection of these more threatened areas. Yet they provide more value for stormwater retention and for the sequestration of Global Warming gases, as well as unique habitat for a range of threatened and endangered species. Without consideration, savannas will likely continue to be understood and valued only for their periodic stands of heirloom trees, and prairies will continue to be considered "vacant."

Page 4-12 P1 Steep Slopes

* What makes the steep slopes along Lake Michigan more "important" than those in the rest of the county? Is it the presence of endangered plant communities? Steep slopes also provide welcome vantage points and limits to viewsheds that are important to the county's character and quality. Please include that steep slopes are subject to erosion when their vegetation is removed, and when runoff at their tops is increased. To prevent this, and maintain the quality of the lakes and streams below, buffers of native soils and vegetation are needed above.

Page 4-12 P2 Protected Open Space

* As noted earlier in these comments, the fraction of Lake County that can be counted as open space is small (less than 11%) and while perhaps marginal to support its human visitors, is insufficient to retain its wildlife inhabitants. Further, while these lands enjoy measures of protection, it should be noted that they are still vulnerable to many threats: sale for development, inundation by runoff from development, conversion for use as floodwater storage structures, fragmentation and disturbance by road and airport construction, development for recreational use (water parks, and golf courses), degradation by development of adjacent land upon which its wildlife also rely, invasion by exotic species, and pollution and erosion of their degraded streams.

Page 4-16 P2 Aquifer Recharge Areas

* Lake County is not listed among the deep bedrock aquifer recharge areas. The following paragraph suggests that it should be.

Page 4-20 P2 Environmental Resource Priority Scores

* Please include Prairies and Savannas in Figure 4.11

Page 4-20 P2 Priority Open Space Map

* Please include the referenced Map in this section.

* This section's focus on open space protection should not lead it to the wrong assumption that waters in urban areas should be neglected and abused. Healthy, accessible open waters are a primary public amenity in urban and rural areas alike. For our waters to be healthy and attractive the water that they receive must be clean and its flow moderate. This in turn relies on buffered and vegetated shorelines, and moderated stormwater flows, preferably through natural tributaries and seep delivery.

In addition to preservation of lateral open space buffers along streams, attention must be given, especially in urban areas, to limiting imperviousness in order to preserve and restore stream quality. Studies show that stream degradation occurs when watershed imperviousness exceeds 10%, and that while implementation of Best Management Practices can boost this to 25% to 35%, exceeding 60% makes stream pollution, erosion, and degradation unavoidable.

While "the Lake County Forest Preserve District has been the primary agency for acquiring land for environmental resource protection," many municipalities have abdicated their role for protecting, and now improving the public waters within their boundaries. The County, through its Stormwater Management Commission, has a role that goes beyond preventing further deterioration of our waters. This Framework Plan should reflect the County's intent to demonstrate and lead the municipalities to accept responsibility for the quality of their waters, and commit to pursue every opportunity to recover shorelines and limit watershed imperviousness to achieve this.

Page 4-22 P9 Farmland Protection and Farming Activities

* Wind power is a compatible use for farmland that can provide additional income for farmers. Large modern wind turbine generators turn slowly and gracefully while providing an attractive source of electricity. Based on current advanced modeling data Lake County is not likely to offer large areas for utility scale wind farms, but local topographical features can be responsible for sufficient wind resources for a few wind turbine generators. Lake County should assist in more detailed mapping of this important resource.

Page 4-25 to 26, P7, 8 & 10 Air Quality

* Our federal environmental protection laws typically provide minimum conformity requirements and enforcement. State and local government are at liberty to provide additional requirements and enforcement measures. What measures can Lake County implement to regulate HAPS?

* This paragraph does not serve a purpose. Does Lake County have a role to play in addressing any of these sources? How does the classification of the source affect the county's ability to reduce its pollution? Some of the "area" air pollution sources could be addressed: dry cleaners and auto body paint shops.

* Please find the original, credible reference to replace LCTIP. LCTIP is notorious for publishing misleading information, especially the draft Environmental Impact Statement it published for the misguided Lake County transportation plan it chose. Even its name, which implies that it was a Lake County entity, is misleading.

Pg26 P2 – Lake County Air Quality Monitoring

* On June 30, 2000, IEPA identified Lake County as a non-attainment area based on 1997-99 data and their recommended 8-hour standard. (See http://www.epa.state.il.us/air/monitoring/8hr_naa.html) Data for 2002 show that Lake County continues to significantly exceed the 85ppb 8-hour standard with highs of 91ppb in Libertyville, 106ppb in Waukegan, and 116ppb in Zion. In addition, the 2002 data show that Zion reached or exceeded the 1-hour standard of 125ppb on 3 days with a high of 136ppb, and Libertyville and Waukegan frequently exceeded 100ppb. (See http://www.epa.state.il.us/air/ozone/o3high.html) The 1-hour 2000 data give the false impression that ozone is not a problem in Lake County and this should be sited instead.

Pg26 P4-8 Lake County Air Quality Monitoring

* What else can LC do to reduce mobile sources? Large cars and SUVs contribute an unfair and burdensome amount of pollution to our air. They also present a greater hazard to drivers of smaller, safer, more maneuverable cars. The county can discourage their use in favor of more efficient, safer, less polluting vehicles. At a minimum, Lake County should use hybrid (or compressed natural gas) vehicles for its own service and administrative fleet.

* Please use CATS and IEPA literature to reference the CATS as the MPO, and its duty to generate a RTP consistent with the SIP. See above.

* It's EDF: "Environmental Defense Fund". EDF Scorecard data is based on the federal Toxic Release Inventory and other sources of information.

* What else can LC do to reduce mobile sources?

GOALS AND POLICIES

4.0 ADD Goal: Engender appreciation and protection of our environmental resources through informed characterization and description by government.

4.0.1 Policy: In new government documents that characterize land use, ecological and urban terms will be used that more accurately characterize the actual condition of the land: water, floodplain, wetland, dune, prairie, savanna, woods, farm, recreational, urban, waste, redevelopment; and other more descriptive terms. The term "vacant land" will be avoided.

4.1 There is no rationale given for promoting growth outside of urban areas. If a development goal and policy are included in this chapter, this goal, and its related policy, should only designate development in "Urban Built-Up" areas, and set conditions that must be met for development into more sensitive areas.

4.1.1 Policy: Within areas identified as Urban Built-Up, but avoiding waterway buffers, designate future development and redevelopment areas with intensities and densities sufficient to support new and improved mass transit options and to support future employment and population growth.

4.1.2 Policy: Within areas identified as Limited Priority Open Space, and avoiding waterway buffers, designate future development areas in proximity to existing mass transit facilities. Identify key environmental resources and assist in their preservation. Encourage zoning swaps that exchange increased density in this area for decreased density in Moderate and High Priority Open Space areas.

4.1.3 Policy: Within Moderate Priority Open Space, designate future development that preserves natural contiguous open space, and enables the preservation and recovery of farms and open space.

Improved land use planning is our best hope for avoiding worsening transportation congestion and air pollution from mobile sources, and its basic tenets should be included here. Mixed use development reduces the distances we must travel to access shopping and services. Transit Oriented Development prescribes reduced development away from mass transit, and increased density near mass transit. These should be explicitly named, explored, and encouraged in this Framework Plan.

4.2.3 Policy: Defend our protected open spaces from threats: oppose land sales or swaps to serve development, oppose inundation from adjacent development runoff, and oppose conversion to floodwater storage structures.

4.4.1 Replace the words "drainage system" with the word "hydrology." The natural hydrology was absorption and transpiration, not drainage, and protection and recovery of our region's absorptive capability will best prevent the damage to our waters and developments by excessive drainage and overburdening of our lakes, wetlands and streams.

4.4.2 Replace "drainage-ways and significant storage areas" with "natural waters and absorptive soils." Again, drainage and storage is the failed model that produces floods and flood damage. Preserving and restoring the ability of our lands to moderate their own waters reduces the need for draconian measures downstream.

4.4.4 Policy: Encourage and support the recovery of buffer land surrounding the waters of Lake County to moderate flow and prevent pollutants from reaching our waters.

4.5.3 Policy: Encourage the creation, preservation and restoration of prairies to create and maintain deep, absorbent topsoils as a primary stormwater management measure.

4.5.4 Policy: Discourage the compaction, excavation and removal of topsoil from land subject to development.

4.6 Watershed management plans should embrace absorption and transpiration as well as flow. Please insert “… manage [absorption, transpiration] and flows …” into this goal statement.

4.6.1 Policy: Replace the word "recognition" with the word "non-degradation". It does little good to simply recognize resources and capacities if we do not restrict damage to them. Also replace “drainage design solutions” with “rainwater management proposals.”

4.6.2 Policy: Replace “drainage” with “hydrology.”

4.9.7 Policy: Support farming in conjunction with modern wind power through wind assessment and facility siting allowances.

4.9.8 Policy: Officially recognize Lake County’s historical farms.

4.9.9 Policy: Promote the sale of local produce in all of the county’s grocery stores. Encourage origin labeling.

4.10 Goal: Reduce air pollution sources to help reach levels consistently well below EPA thresholds.

4.10.1 Policy: Replace county vehicles with high efficiency, low emission vehicles.

4.10.2 Policy: Promote a greater public awareness of our air pollution problem, and encourage a public shift away from less efficient, more polluting vehicles, toward more-efficient, less-polluting vehicles.

4.10.3 Policy: Appeal to the IEPA to advance reviews and reduce permits for the county’s top 100 air polluters. Reviews should include public hearings.

4.10.4 Policy: Encourage Chambers of Commerce to promote dry cleaners and auto body paint shops that present lower emission alternatives.

Explore, Enjoy and Protect the Planet

Sierra Club Woods & Wetlands Group