Ordinance 2022-06II 11 II II 11111
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RECORDED: 3/2/2022 10:11 AM
ORDI: 57.00 RHSPS FEE: 10.00
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2022-06
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
GRANTING VARIANCES TO THE STORMWATER MANAGEMENT,LANDSCAPE AND
ZONING ORDINANCES FOR A 21-ACRE PARCEL LOCATED AT 304 RIVER STREET
YORKVILLE BRISTOL SANITARY DISTRICT)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 25th day of January,2022
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on February 7,2022.
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No.2022-06
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS, GRANTING VARIANCES TO THE STORMWATER MANAGEMENT,
LANDSCAPE AND ZONING ORDINANCES FOR A 21-ACRE PARCEL LOCATED AT
304 RIVER STREET(YOKVILLE BRISTOL SANITARY DISTRICT)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the Yorkville Bristol Sanitary District (hereafter "YBSD") is the owner of
approximately twenty-one (21) acres of undeveloped property located at 304 River Street, legally
described on Exhibit A attached hereto and identified by Permanent Index Number 02-32-231-
008 (the "Subject Property") and is currently planning for future expansion and construction of
additional wastewater treatment structures on the Subject Property ; and,
WHEREAS, YBSD has requested variances to the Kendall County Stormwater
Management Ordinance (the "Stormwater Management Ordinance"), as adopted by the City, of
the stormwater detention and compensatory storage regulations as set forth in Exhibit B, a report
prepared by Baxter & Woodman Consulting Engineers dated August 9, 2021, attached hereto
and made a part hereof; and,
WHEREAS, YBSD has also requested variances to the City's Landscape and Zoning
Ordinances related to tree preservation and replacement regulations and building setback
standards, respectively, also set forth in Exhibit B; and,
Ordinance No.2022-06
Page 2
WHEREAS,pursuant to the Illinois Municipal Code(65 ILCS 5/11-13-5) the Mayor and
City Council of the City (the "Corporate Authorities") may provide for and allow variances to
provide relief when strict compliance with the requirements of the United City of Yorkville's
City Code(the "City Code") creates a particular hardship; and,
WHEREAS, also pursuant to section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-
3-2) the City adopted the Kendall County Stormwater Management Ordinance (the "Stormwater
Management Ordinance"), and is authorized the City to grant variances from specific provisions
of the Stormwater Ordinance when strict compliance with the requirements is impossible or
impracticable; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on January 12, 2022, to consider the aforementioned variances, as requested, after publication of
notice and notice to property owners within five hundred(500) feet of the parcels; and,
WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in
Section 10-4-7C of the City Code and Section 904.1 of the Stormwater Management Ordinance;
and,
WHEREAS, the Planning and Zoning Commission made the required written Findings
of Fact finding that the requested variations met the standards in Section 10-4-7C of the City
Code and Section 904.1 of the Stormwater Management Ordinance and recommended that the
variances be granted; and,
WHEREAS, the Corporate Authorities have received and considered the
recommendations of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No.2022-06
Page 3
Section 1: The above recitals are incorporated herein and made a part of this Ordinance.
Section 2: That relief from Section 203.1.b of the Stormwater Management Ordinance
for non-residential developments equal to or greater than three (3) acres that results in more than
45,000 square feet of development or 32,000 square feet of impervious area is hereby granted to
permit onsite stormwater detention.
Section 3: That relief from Section 403.a of the Stormwater Management Ordinance is
hereby granted to permit onsite or downstream hydraulically equivalent compensatory storage
for fills within the regulatory floodplain.
Section 4: That relief from Section 8-12-2H of the Landscape Ordinance in the City
Code for any new development on five (5) or more acres to make every reasonable effort to
retain existing trees with a four inch (4") diameter breast height ("DBH") or greater through the
integration of those trees into the landscape plan of the Subject Property is hereby granted
subject the submittal of a tree survey which shall include the following:
A. The location of all trees four inches (4") in caliper or greater within one hundred feet
100') of any tree proposed to be removed, including a description of the tree(s),
botanical name, common name, caliper size and general condition or health of the
tree(s). The survey shall be completed by an International Society of Arboriculture
certified arborist or Illinois Department of Natural Resources Consultant Forester, or
other qualified professional as approved in writing by the Community Development
Director.
B. Delineation of trees to be removed and trees to be preserved, if any.
C. Details and specifications or procedures to be used to protect trees being preserved, if
any.
Ordinance No.2022-06
Page 4
D. The submittal of a landscape plan of the subject property, at time of building permit
application, illustrating the buildings, structures, or any other applicable
improvements.
Section 5: That a reduction in all required minimum yard setbacks to ten feet (10') from all
property lines and that the Subject Property and the adjacent parcel, also owned by YBSD, as a
single zoning lot is hereby granted.
Section 6: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
25th day of January, A.D. 2022.
4Z2fld
CI CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
Is+NAthisdayofbY/(.GL' "
I ,
A.D. 2022.
MAYOR
Ordinance No.2022-06
Page 5
EXHIBIT A
LEGAL DESCRIPTION-WEST SITE
THAT PART OF THE NORTH HALF OF SECTION 32,TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON STAKE ON THE CENTERLINE OF RIVER ROAD,WHICH MONUMENTS THE WEST
LINE OF A TRACT OF LAND CONVEYED TO THE STATE OF ILLINOIS BY DEED FROM CLARENCE S.WILLIAMS
AND MARY E.WILLIAMS,RECORDED IN BOOK 76, PAGE 350;
THENCE NORTH 70°13'29"WEST ALONG SAID CENTERLINE,985.57 FEET;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE,BEING ALONG A TANGENTIAL CURVE TO THE LEFT,
HAVING A RADIUS OF 1850.0 FEET,AN ARC DISTANCE OF 493.61 FEET;
THENCE NORTH 85°30'44"WEST ALONG SAID CENTERLINE, 70.82 FEET;
THENCE SOUTH 04°29'16"WEST,409.56 FEET TO THE NORTHERLY BANK OF THE FOX RIVER;
THENCE EASTERLY ALONG SAID NORTHERLY BANK,TO THE SAID WEST LINE OF THE TRACT CONVEYED
TO THE STATE OF ILLINOIS;
THENCE NORTHERLY ALONG SAID WEST LINE,625.0 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
Exhibit B
Yorkville Bristol Sanitary District
Variance Request
Atik,, YBSD
,,„4,0
e YORKVILLE - BRISTOL
` .� SANITARY DISTRICT
Prepared by:
BAXTER WOODMAN
www.baxterwood man,com
August 9, 2021
Yorkville Bristol Sanitary District
Variance Request
TABLE OF CONTENTS
Section Page No.
1. INTRODUCTION 3
2. ORDINANCES 5
2.1 Stormwater Detention Ordinance for Kendall County 5
2.2 Compensatory Storage Ordinance for Kendall County 5
2.3 Tree Replacement Standards, Landscaping Ordinance for City of
Yorkville 5
3. VARIANCE REQUESTS 6
3.1 Stormwater Detention 6
3.2 Compensatory Storage 8
3.3 Tree Replacement 10
4. OFFSITE COMPENSATORY STORAGE 11
5. CONCLUSION 11
LIST OF EXHIBITS
Exhibit
1 -Kendall County Stormwater Ordinance
2 -United City of Yorkville Landscaping Ordinance
3 -Fox River Tributary Drainage Area
4-Blackberry Creek Tributary Drainage Area
5-Project Area
6-Downstream Structures
7-Will County Detention Exemptions
8-HEC-RAS Model Results Table
9-Offsite Compensatory Storage Locations
10-U.S.Fish&Wildlife Service Report
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAITER WOODMAN
Page 3
1. INTRODUCTION
The Yorkville-Bristol Sanitary District (YBSD) and the United City of Yorkville have been working
together for the last 15-years to ensure that west side property is available for the wastewater
treatment facility to serve the ultimate facility planning area (FPA) population. In 2005, YBSD
completed a Facility Planning Report that demonstrated the need for additional space for the
wastewater treatment facility to serve the potential future facility planning area population.
In 2006, YBSD prepared an annexation agreement that annexed the west side property into the
United City of Yorkville, Kendall County, Illinois. The United City of Yorkville City Council
unanimously approved the annexation, Ordinance No. 2006-43. YBSD also rezoned the west side
property to A-1 with special use for sanitary water treatment facilities. The City Council followed
the recommendation from the Plan Commission and unanimously approved Ordinance No. 2006-
44. These two ordinances provided the space and zoning required to provide the wastewater
treatment capacity for the potential future FPA population on a single site.
In 2014, YBSD completed a Phosphorus Removal Feasibility Report to determine the costs,
treatment processes and space required to meet future effluent phosphorus limits. This report
further reinforced the need for the west side property.
In 2018,YBSD completed a wetland delineation of the west side property to determine the sensitive
environmental areas and the areas that could be used for wastewater treatment.
YBSD is currently completing the stormwater permitting and regulatory requirements that are
needed to allow the west side property to be utilized for wastewater treatment. YBSD also just
completed the preliminary design of the 1st phase of improvements that would be located on the
west side property.
YBSD's mission is to provide wastewater treatment services for residents within its facility planning
area, namely, the United City of Yorkville, Illinois, the county seat of Kendall County. The Facility
Planning Reports, Annexation Ordinance, Rezoning Ordinance and wetland delineation were
completed to allow wastewater treat of the potential future facility planning area population at a
single site on the west side of Blackberry Creek. The YBSD FPA encompasses the United City of
Yorkville and portions of the unincorporated areas of Bristol and Kendall Townships within Kendall
County.The current and future potential FPA boundaries are shown below.
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAXTER WOODMAN
Page 4
w,f
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t, .a
Cafen1 MA Boundary
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Providing wastewater treatment for YBSD's ultimate facility planning area population will require
development of nearly the entire project site,and the required stormwater detention facilities and
compensatory storage cannot be provided onsite without significantly reducing the footprint
available for treatment facilities.The reduction of footprint for wastewater treatment facilities will
reduce total population that can be served from the west side property. The reduced area would
not be able to accommodate the potential future FPA population. As such, the YBSD is requesting
variances from the Kendall County Stormwater Management Ordinance, as adopted by the United
City of Yorkville,and from the City of Yorkville's Landscaping Ordinance in accordance with Article
9 of the Kendall County Stormwater Management Ordinance.
• Kendall County Stormwater Management Ordinance (Section 203 and Section 403), as
adopted by United City of Yorkville—Ordinance No.2012-56
• United City of Yorkville Landscape Ordinance (Section 8-12-2.H)—Ordinance No.2009-42
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAITER _;WOODMAN
Page 5
2. ORDINANCE REQUIREMENTS
2.1 Stormwater Detention Requirements for Kendall County
Section 203 of the Kendall County Stormwater Management Ordinance, as adopted by the City of
Yorkville, requires stormwater detention for non-residential developments on properties of
contiguous ownership that are equal to or greater than three (3) acres and resulting in more than
45,000 square feet of development or 32,000 square feet of impervious area. The planned
improvements, consisting of approximately 641,000 square feet of development and 440,000
square feet of new impervious area, exceed both of these thresholds,and therefore Ordinance site
runoff storage requirements are applicable.Stormwater storage volume must be provided such that
the 100-year, 24-hour release rate does not exceed 0.15 cubic feet per second (cfs) per acre of
hydrologic disturbance,and the 2-year,24-hour release rate does not exceed 0.04 cfs per acre.
2.2 Compensatory Storage Requirements for Kendall County
Section 403 of the Ordinance requires that hydraulically equivalent compensatory storage be
provided for fills within the regulatory floodplain.The total compensatory storage volume must be
equal to or greater than the flood fringe storage volume displaced.To the greatest extent practicable,
storage volume displaced below the 10-year existing flood profile must be replaced below the
proposed 10-year flood profile,and storage displaced between the existing 10-and 100-year flood
profiles but be replaced between the proposed 10-and 100-year flood profiles.
2.3 Tree Preservation and Replacement Standards for the United City
of Yorkville
Compensatory storage and stormwater detention requirements will necessitate significant tree
removal. Per Section 8-12-2.H of the United City of Yorkville's Code of Ordinances, tree removal
should be avoided within floodplains, filling near valuable trees should be minimal, and removal
requirements include replacement according to Table 1.
Table 1:Tree Replacement Standards,Landscaping Ordinance for the City of Yorkville
Caliper(inches) of Number of
tree to be removed re lacement trees
30 or greater 6
13-29 I 5
8-12 4
4-7 2
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAIT Eft ,WOODMAN
Page 6
3. VARIANCE REQUESTS
The variance requests are organized according to the variance standards as described in Section 904
of the Kendall County Stormwater Ordinance as adopted by the United City of Yorkville.
3.1 Stormwater Detention
Request 1: Waiver of United City of Yorkville and Kendall County site runoff storage
requirements (Section 203.1.b. of the Kendall County Stormwater Management Ordinance,
as adopted by the United City of Yorkville (excerpt of Ordinance included in Exhibit 1))
Section 904 Standard Justification
a. The variance will not increase the Stormwater runoff from the proposed development
probability of flood damage or create area discharges directly to the Fox River and
an additional threat to the public Blackberry Creek, with no downstream properties
health,safety or welfare. impacted prior to discharge into these waterways.
The proposed development area is significantly
smaller than the total watershed areas tributary to
the Fox River and Blackberry Creek (Exhibits 3-5).
Therefore,the timing of peak stormwater discharges
from the YBSD's property is unlikely to coincide with
the highest flows and flood elevations along these
waterways.
b. The variance requested is the The proposed improvements are for treatment
minimum relief necessary to facilities that are essential and critical infrastructure.
accomplish the objectives of the Maximizing the onsite treatment capacity is necessary
development without compromising to accommodate the needs of the City and
the objectives of Section 102 of this surrounding communities for future growth and
Ordinance. development. Providing detention would prevent the
YBSD from achieving the full buildout for treating the
projected flows to the facility.
Furthermore,the orientation of the YBSD property is
such that there is significant waterway frontage,with
grades naturally flowing to the Fox River and
Blackberry Creek.Draining all site stormwater runoff
to detention facilities maybe difficult or impossible to
achieve while providing a suitable treatment facility
plan. Other counties in Illinois have detention
exemptions for such developments. For example, the
Will County Stormwater Management Ordinance
(55.020 (C)(2))provides an exemption for properties
that meet the minimum river frontage requirement
(Exhibit 7).With over 1,500 feet of river frontage and
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAITER WOODMAN
Page 7
less than 20 acres of proposed development, this
project site would easily qualify for Will County's
detention exemption thresholds.
c. The variance will not result in a The development will incorporate best management
reduction of water quality benefits as practices (BMPs), such as vegetative swales, buffer
compared to compliance with strips, and sediment traps, to treat direct discharges
ordinance requirements. to the Fox River and Blackberry Creek. These BMPs
will mitigate potential reduction of water quality
benefits.
d. The variance is not requested solely The variance is requested to allow for full buildout
for the purpose of reducing site capacity of the treatment facilities to accommodate
runoff storage requirements. the needs of the community's projected growth. The
reduction of site runoff storage requirements is
incidental to this goal.
e. The variance shall not cause The development would directly discharge to major
conveyance of stormwater from the natural waterways, as opposed to designed
project to increase peak discharges stormwater conveyance systems with defined
beyond design capacity of existing capacities. There are no intermediate properties
offsite conveyance facilities for any between the development and the Fox River or
storm event from the 2-year to the Blackberry Creek.
100-year recurrence frequency.
Additionally, the proposed development area is
significantly smaller than the total watershed areas
tributary to the Fox River and Blackberry Creek
(Exhibits 3-5). Therefore, the timing of peak
stormwater discharges from the YBSD's property is
unlikely to coincide with the highest flows and flood
elevations along these waterways.
f. The variance shall seek to preserve With the variance,the YBSD will be able to achieve full
valuable environmental and buildout capacity at this property. The variance will
biological resources including but also prevent the need for expanding the development
not limited to stands of native trees, area for treatment facilities to include the property
existing wetlands and natural immediately adjacent to the Fox River, which would
floodplain storage. require the removal of valuable riparian vegetation
and critical habitat for the endangered Indiana bat
(Myotis sodalis) (see Exhibit 10 for report from U.S.
Fish and Wildlife Service).
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAXTER ;.WOODPIAN
Page 8
3.2 Compensatory Storage
Request 2: Waiver of United City of Yorkville and Kendall County compensatory storage
requirements (Section 403.a. of the Kendall County Stormwater Management Ordinance,as
adopted by the United City of Yorkville (excerpt of Ordinance included in Exhibit 1))
Section 904 Standard Justification
a. The variance will not increase the There are no structures impacted by the regulatory
probability of flood damage or create floodplain along the Fox River in the area immediately
an additional threat to the public downstream of the proposed improvements (Exhibit
health,safety or welfare. 6). The minor loss of flood storage resulting from
proposed floodplain fill is small relative to the total
flood storage of the Fox River and will not impact any
downstream structures during a 100-year flood.
Furthermore,a dam is located upstream of the project
limits, just upstream of Bridge Street. This dam
provides some hydraulic control of flood profiles,
creates upstream flood storage, and reduces the
impacts of proposed floodplain fills within the project
limits.
Hydraulic modeling demonstrates that the proposed
improvements meet the applicable regulatory
standards of the IDNR Part 3700 requirements for
floodway construction, without the inclusion of
compensatory storage. Requirements for
compensatory storage are local standards above and
beyond the state's requirements, which are intended
to preserve the conveyance capacity of the waterway.
Preliminary modeling results and model
input/output files are provided as Exhibit 8.
b. The variance requested is the The proposed improvements are for treatment
minimum relief necessary to facilities that are essential and critical infrastructure.
accomplish the objectives of the Maximizing the onsite treatment capacity is necessary
development without compromising to accommodate the needs of the City and
the objectives of Section 102 of this surrounding communities for future growth and
Ordinance. development.Providing onsite compensatory storage
would prevent the YBSD from achieving the full
buildout for treating the projected flows to the facility.
Offsite compensatory storage was explored and is
discussed further below.These options all have major
feasibility concerns or negative impacts, such as
requiring additional tree removal and/or additional
loss of usable land.
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAXTER 'WOODMAN
Page 9
c. The variance will not result in a The presence or absence of compensatory storage
reduction of water quality benefits as would not have an effect on water quality.
compared to compliance with
ordinance requirements. Even so, the development will incorporate best
management practices (BMPs), such as vegetative
swales,buffer strips,and sediment traps.
d. The variance is not requested solely This variance is unrelated to site runoff storage
for the purpose of reducing site requirements.
runoff storage requirements.
e. The variance shall not cause This variance will not impact conveyance of
conveyance of stormwater from the stormwater from the project.
project to increase peak discharges
beyond design capacity of existing
offsite conveyance facilities for any
storm event from the 2-year to the
100-year recurrence frequency.
f. The variance shall seek to preserve With the variance,the YBSD will be able to achieve full
valuable environmental and buildout capacity at this property, which would save
biological resources including but environmental and biological resources.The variance
not limited to stands of native trees, will also prevent the need for development of the
existing wetlands and natural YBSD property immediately adjacent to the Fox River,
floodplain storage. which would require the removal of valuable riparian
vegetation,critical habitat for the endangered Indiana
bat (Myotis sodalis) (Exhibit 10), and would have
adverse wetland and impacts. Wetland and habitat
impacts could be obstacles to obtaining permits
through the U.S.Army Corps of Engineers and IDNR.
Article 4 Variance Standards
a. Variances shall not be issued by the Hydraulic modeling demonstrates that the proposed
permitting agency within any improvements meet the applicable regulatory
designated regulatory floodway if standards of the IDNR Part 3700 requirements for
any increase in flood levels during floodway construction, without the inclusion of
the base flood discharge would compensatory storage. Preliminary modeling results
result. indicate no increase in flood levels, rounded to the
nearest tenth of a foot,and are provided as Exhibit 8.
b. Variances may be issued by the Not applicable;this development is greater than one-
permitting agency for new half acre.
construction and substantial
improvements to be erected on a lot
of one-half acre or less in size
contiguous to and surrounded by lots
with existing structure constructed
below the base flood level, in
conformance with the following
procedures of this section;...
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAITER, WOODMAN
Page 10
3.3 Tree Preservation and Replacement
Request 3: Waiver of United City of Yorkville tree replacement requirements (Sections
H.1.b.i.1,3 and H.2.a-d of the United City of Yorkville's Landscaping Ordinance (excerpt of
Ordinance included in Exhibit 2))
Section 904 Standard Justification
a. The variance will not increase the This variance will not impact flooding or any other
probability of flood damage or create threat to public health,safety or welfare.
an additional threat to the public
health,safety or welfare.
b. The variance requested is the The proposed improvements are for treatment
minimum relief necessary to facilities that are essential and critical infrastructure.
accomplish the objectives of the Maximizing the onsite treatment capacity is necessary
development without compromising to accommodate the needs of the City and
the objectives of Section 102 of this surrounding communities for future growth and
Ordinance. development. Replacing trees onsite according to the
standard laid out in the City's Landscaping Ordinance
(preliminary estimate of 1,500 replacement trees) is
not possible if the facility is to provide the projected
treatment capacity for the community.
c. The variance will not result in a This variance will not impact water quality.
reduction of water quality benefits as
compared to compliance with
ordinance requirements.
d. The variance is not requested solely This variance is unrelated to site runoff storage
for the purpose of reducing site requirements.
runoff storage requirements.
e. The variance shall not cause This variance will not impact conveyance of
conveyance of stormwater from the stormwater from the project.
project to increase peak discharges
beyond design capacity of existing
offsite conveyance facilities for any
storm event from the 2-year to the
100-year recurrence frequency.
f. The variance shall seek to preserve While it is not possible to replace all of the removed
valuable environmental and trees onsite according to the City's ordinance
biological resources including but (regardless of the detention and compensatory
not limited to stands of native trees, storage variances), the YBSD aims to preserve the
existing wetlands and natural trees along the banks of the Fox River and Blackberry
floodplain storage. Creek, which is made possible by the waiving of the
stormwater requirements as discussed above.
Avoiding offsite compensatory storage will also limit
the extent of tree removal necessary.
Yorkville Bristol Sanitary District
Variance Request•201643.40 BAXTER, ;WOODMAN
Page 11
4. OFFSITE COMPENSATORY STORAGE
Four offsite locations were considered for compensatory storage. These locations were initially
chosen based on their proximity and current use(undeveloped or mostly open space).They are not
owned by the YBSD and their use would be contingent upon purchase or easement from the
property owners. The construction schedule for the facility expansion would be delayed if offsite
compensatory storage is provided,as the compensatory storage would need to be provided prior to
development of the YBSD property; thus, property acquisition, permitting, and offsite excavation
could delay construction significantly. The four locations are briefly described below, along with
burdens and detrimental impacts associated with construction at these locations.A map of the sites
is included as Exhibit 9.
• The Youth Camp property directly adjacent to the project site consists of a low-lying area
and a slope heading north up to River Road. This location would require extensive tree
removal, a large quantity of excavation, and the construction of a very large retaining wall
(—30'high).
• A large bump-out is located on the south bank of the Fox River,located approximately half a
mile downstream from the Blackberry Creek confluence. This location is heavily forested
and a massive quantity of excavation would be necessary due to the high elevations.
• Crawford Park, owned the United City of Yorkville, is located on the south bank of the Fox
River approximately one mile downstream from the Blackberry Creek confluence. It is not
forested and would require limited tree removal. Utilizing this area for compensatory
storage,however,would prevent the City from raising the grade in the future or using this
land for any other purposes.
• Approximately 1.8 miles downstream from the Blackberry Creek confluence,there is a farm
located on the north bank of the Fox River. Extensive tree removal would not be necessary
for this property,but the loss of active farmland is not a desirable outcome.
5. CONCLUSION
The District understands that as effluent limits and sludge disposal regulations become more
stringent, additional space for future processes to maintain compliance will be of utmost
importance.Some constituents are on the regulatory horizon,but others are unknown at this time.
This increases the importance of maximizing contiguous land to accommodate future process.The
above variance requests are necessary to provide the onsite treatment facilities that meet future
regulatory requirements,as well as accommodate anticipated growth and development within the
City of Yorkville.
Yorkville Bristol Sanitary District
Variance Request•201643.40 BARTER WOODMAN
Exhibit 1 : Excerpts from Kendall County Stormwater Ordinance,
as adopted by the United City of Yorkville
Sec. 203 Site Runoff Storage Requirements
203.1 Applicability of Site Runoff Storage Requirements
All developments shall comply with the site runoff storage requirements provided in Section 203
of this Ordinance in which:
a. Single family - detached land use property consisting of five or more residential
structures having an average lot size of three acres or less;
b. A non-residential land use or a residential land use other than single family -detached
property of contiguous ownership equal to or greater than three acres and:
1. resulting in more than 45,000 square feet of development, or;
2. resulting in more than 32,000 square feet of impervious surface area
Request for waiver of 203.1.b.
5/21/2013 Article 2 Page 4
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
203.2 Release Rate
Sufficient excess runoff/ flood storage volume shall be provided so that the proposed project
will not discharge at a rate greater than 0.15 cfs/acre of disturbance for a rainfall event with a
100-year recurrence frequency. Additionally, sufficient excess runoff / flood storage volume
shall be provided so that the proposed project will not discharge at a rate greater than 0.04
cfs/acre of disturbance for a rainfall event with a 2-year recurrence frequency. The area of
hydrologic disturbance for the entire project shall be used to calculate the site runoff storage
volume requirements.
203.3 Design Methods
Event hydrograph routing methods shall be used to calculate runoff storage volume requirements
for stormwater management basins with total tributary areas greater than five acres. The
hydrograph routing shall be HEC-1, (SCS methodology), HEC-HMS, TR-20, or TR-55 tabular
method or as otherwise approved by the Administrator. Event hydrograph methods shall
incorporate the following assumptions:
a. Antecedent moisture condition=2; and
b. Appropriate Huff rainfall distribution; and
c. 24-hour duration storm with a 1% probability (100-year frequency) of occurrence in
any one year as specified by Illinois State Water Survey Bulletin 71 isohyetal rainfall
data.
Runoff storage volume requirements for stormwater management basins with total tributary
areas equal to or less than five acres may utilize the % Impervious to unit Area Detention
nomograph developed by NIPC (now known as CMAP) depicted in Table 203.
203.4 Existing Release Rate Less Than Allowable
For sites where the undeveloped release rate is less than the maximum release rate in Section
203.2, the developed release rate and corresponding site runoff storage volume requirement shall
be based on the existing undeveloped release rate for the development.
5/21/2013 Article 2 Page 6
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
203.5 Downstream Water Surface Elevations
All hydrologic and hydraulic computations must utilize appropriate assumptions for downstream
water surface elevations, from low flow through the base flood elevation, considering the
likelihood of concurrent flood events.
203.6 Extended Detention Requirement
The requirements of this section will apply only when the outfall from a stormwater management
basin is proposed to connect to an off-site agricultural drain tile system. The first 0.75 inches of
runoff from a rainfall event over the hydraulically connected impervious area of the development
shall be stored below the elevation of the primary gravity outlet (extended detention) of the
stormwater management basin. The facility may be designed to allow for evapotranspiration or
infiltration of this volume into a subsurface drainage system and shall not be conveyed through a
direct positive connection to downstream areas.
The hydraulically connected impervious area used in the calculation of required extended
detention volume may be reduced by the Administrator if the soils are prepared to maximize
infiltration and deep rooted grasses or other plants selected for their ability to promote infiltration
or water absorption are planted in areas appropriately dedicated. The reduction in hydraulically
connected impervious area used in the calculation shall be equal to the area of the development
meeting the above soils/native planting requirement.
Subsurface drainage systems may be designed as a component of the extended detention portion
of the stormwater management basin to assist in infiltration in accordance with the following
criteria:
a. The extended detention volume shall be discharged at a rate no greater than that
required to empty the calculated extended detention volume within 5 days of the storm event and
at a rate no less than that required to empty the calculated extended detention volume within 30
days of the storm event.
b.No subsurface drainage pipe shall be located within 10 feet of drainage pipes directly
connected to the stormwater management basin.
c. For purposes of meeting the maximum subsurface drainage discharge requirements,
flow control orifices and weirs may be used.
d. All design extended detention volume shall be provided above the seasonal high
ground water table or the invert elevation of the groundwater control system.
e. Farm field tile shall not be considered a subsurface drainage system.
203.7 Stormwater Management Basin Design Requirements
Stormwater management basins shall be designed and constructed with the following
characteristics:
a. The stormwater management basin shall provide 1 (one) foot of freeboard above the
design high water elevation or BFE.
5/21/2013 Article 2 Page 7
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
b. The stormwater management basin shall be located on the site and designed such that
they are accessible by motorized maintenance equipment necessary for regular and long term
maintenance operations. The route to the basin shall be formalized with an access easement and
that the surface of such route shall be easily traversable by maintenance equipment / operations
as determined by the Administrator.
c. All site runoff storage volume shall be provided above the seasonal high groundwater
table or above the invert of the groundwater control system.
d. Stormwater management basins shall facilitate sedimentation and catchment of
floating material. Unless specifically approved by the Administrator, impervious low-flow
ditches shall not be used in stormwater management basins. Stormwater management basins
shall maximize the normal flow distance between stormwater management basin inlets and
outlets, to the extent possible
e. Stormwater management basins shall reduce impacts of stormwater runoff on water
quality by incorporating best management practices.
f. Stormwater management basins shall be designed with an emergency overflow weir
capable of passing the inflow from the critical duration base flood event under developed
conditions. The predicted emergency water surface elevation shall be below the top of
embankment for any other portion of the stormwater management basin. The weir design shall
provide appropriate erosion control measures.
g. Stormwater management basins with single pipe outlets shall have a minimum inside
diameter of 12 inches. If design release rates necessitate a smaller outlet, flow control devices
such as perforated risers, or flow control orifices shall be used.
h. Stormwater management basins intended to support potential fish habitat with a
permanent pool, shall be at least ten feet deep over 25 percent of the bottom area.
i. Stormwater management basins shall have a maximum side slope of four to one.
j. Stormwater management basins with a permanent pool shall have a safety shelf at
least eight feet wide a maximum of two feet below the normal water pool.
k. Stormwater management basins shall have a maximum drawdown time of 72 hours
for a 24-hour duration rainfall event with 100-year recurrence frequency.
j. All stormwater management basins shall comply with IDNR dam safety requirements
where applicable.
203.8 Site Runoff Storage Volume Within The Regulatory Floodplain
Stormwater management basins and other facilities to satisfy site runoff storage volume
requirements located within the regulatory floodplain shall:
a. Conform to all applicable requirements specified in Article 4 of this Ordinance; and
5/21/2013 Article 2 Page 8
Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b.
b. Store the required amount of site runoff to meet the release rate requirement under all
stream flow and backwater conditions in the receiving stream up to the 10-year flood
elevation; and
c. Site runoff storage volume provided by enlarging existing regulatory floodplain
storage without providing a flow control device regulating discharge (on-stream
detention) will be allowed only as a variance. The applicant must demonstrate that
flood damages are not increased and the development will not increase flood flows
for both the 2-year and 100-year floods on the stream with developed conditions on
the site; and
d. The Administrator may approve designs which can be shown by detailed hydrologic
and hydraulic analysis to provide a net watershed benefit in flood control not
otherwise realized by strict application of the requirements in a through c above.
203.9 Site Runoff Storage Volume Within The Regulatory Floodway
Stormwater management basins and other facilities to satisfy site runoff storage volume
requirements located within the regulatory floodway shall:
a. Meet the requirements for locating stormwater management basins in the regulatory
floodplain; and
b. Be evaluated by performing hydrologic and hydraulic analysis consistent with the
standards and requirements for any adopted watershed plans; and
c. Provide a net watershed benefit in flood control.
203.10 Site Runoff Storage Volume- Channel Impoundment
Flow control structures constructed across any channel to impound water to meet site runoff
storage requirements shall be prohibited on any perennial stream unless part of a public flood
control project with a net watershed benefit in flood control. Those streams appearing as blue on
a USGS Quadrangle map shall be assumed perennial unless better data is obtained. All cross-
stream flow control structures for the purpose of impounding water to provide site runoff storage
in all cases on perennial and intermittent streams must demonstrate that they will not cause short
term or long-term stream channel instability.
203.11 Off-Site Stormwater Management Basins
Stormwater management basins and other facilities to satisfy site runoff storage volume
requirements may be located off-site if the following conditions are met:
a. The off-site stormwater management basin meets all of the requirements of this Article
2; and
b. Adequate storage capacity in the off-site facility is dedicated to the development; and
c. The development includes means to convey stormwater to the off-site stormwater
management basin.
5/21/2013 Article 2 Page 9
Sec. 403 Compensatory Storage Volume Standards
The following standards apply within the regulatory floodplain: Request for waiver of 403.a
a. Hydraulically equivalent compensatory storage volume will be required for development
in a riverine regulatory floodplain and shall be at least equal to the regulatory floodplain
flood storage volume displaced. To the greatest extent practicable storage volume
displaced below the existing 10-year frequency flood elevation must be replaced below
the proposed 10-year frequency flood elevation. To the greatest extent practicable storage
volume displaced above the 10-year existing frequency flood elevation must be replaced
above the proposed 10-year frequency flood elevation.
b. Compensatory storage volume for development in a non-riverine regulatory floodplain
area that is also adjacent to a lake shall be equal to the storage volume displaced.
c. Compensatory storage volume requirements for development in a non-riverine Regulatory
Floodplain that is not adjacent to a lake shall be replaced in accordance with the
requirements for the loss of depressional storage in Section 201.6.
d. Compensatory storage areas shall be designed to drain freely and openly to the channel
and shall be located adjacent to the development. This standard does not apply to non-
riverine Regulatory Floodplain.
e. A recorded covenant or easement running with the land is required to maintain the
compensatory storage volume in areas modified to provide compensatory storage
volume.
Sections 403.d. - 403.e.would be rendered null by waiver of 403.a.
4/3/2011 Article 4 Page 10
Exhibit 2: Excerpts from United City of Yorkville Code of Ordinances,
Section 8-12-2 (Landscaping Ordinance)
H. Tree Preservation: The following standards shall apply to all lots which are five (5) acres
or greater in area. No live tree(s) with a four inch (4") DBH (diameter at breast height)
may be removed without first submitting an application for tree removal and receiving
approval from the City. Failure to apply and submit a tree preservation and removal plan
will result in a monetary fine per tree removed without authorization(as stated on the
application form.)
1. Tree Removal Permit: The application for a tree removal shall be made to the
Building Department. This application must be submitted and approved prior to
the Site Grading Plan permit issuance. If no mass grading is required for
construction, the tree removal application must be submitted and approved prior
to any site re-development involving tree removal. The application shall include:
9
a. Tree Preservation and Removal Plan. The plan shall include:
i. A tree survey showing the location of all trees four inches (41 in
caliper or greater within 100 feet of any tree proposed to be
removed, including a description of the tree(s),botanical name,
common name, caliper size and general condition or health of the
tree(s). The survey shall be completed by an International Society
of Aboriculture Certified Arborist or Illinois Department of
Natural Resources Consultant Forester, or other qualified
professional as approved in writing by the City Planner.
ii. Delineation of trees to be removed and trees to be preserved.
iii. Details and specifications or procedures to be used to protect trees
being preserved.
iv. Location, size and name of replacement trees.
b. Tree Preservation and Removal Guidelines:
i. Every reasonable effort shall be made to retain existing trees
shown on the tree survey through the integration of those trees into
the site plan and landscape plan for a proposed development.
1. Critical areas, such as floodplains,steep slopes, and
Request for waiver of H.1.b.i.1. wetlands, should be left in their natural condition or only
partially cleared.
2. Roadways, storage areas, and parking lots should be
located away from valuable tree stands.
Request for waiver of H.1.b.i.3. 3. Cutting and filling in the vicinity of valuable trees should
be minimal.
4. If more than one-third of the tree's root system is to be
affected by construction, the tree should be part of the
removal plan and replaced with the appropriate number of
trees.
ii. Pre-construction protection measures:
1. A temporary six foot(6') orange construction safety fence.
rigid wood, or chain link fence must surround the periphery
of the tree dripline as a construction barrier prior to the start
of any site work.
10
a. Fence type may be designated by the City
depending on the value of the tree and the location
to construction traffic.
b. This fence must be in place before any site work
begins and remain in place until all construction has
been completed or final occupancy permit has been
issued, whichever is latest.
c. A warning sign shall be placed on the fence stating
the following: Warning: This fence shall not be
relocated or removed without written
authorization from the City of Yorkville.
iii. If construction limits encroach within the dripline of the tree the
following procedures will be required:
1. Trunk wrapping from the base of the tree to a height of ten
feet(1 p'). Clear indication of trees to be wrapped and detail
showing materials should be included as part of the
landscape plans. No boards shall be nailed to the trunk of a
tree.
2. In the event that underground utility lines are proposed
within five feet(5')of the trunk of a tree, then auguring or
boring of the utility line will be required by the City. This
must be clearly indicated on the plans.
3. Root trimming should occur by hand, not with machinery,
and exposed root systems should be protected to maintain
moisture levels. During construction, any root accidentally
damaged (exposed) should immediately be cleanly cut and
protected.
4. If excavation must occur within the dripline of a tree, an
excavation trench shall be saw cut for a minimum depth of
two feet as near to the intended trench as possible. All root
pruning must be completed prior to any excavation activity
near the tree.
iv. Construction procedures:
1. During the mass grading of the site, a Certified Arborist or
Consultant Forester must be on-site during the mass
grading to ensure that proper protection methods are being
followed.
11
2. Grading and construction equipment shall be prohibited
from encroaching within the dripline of a tree.
3. Any soil that is located or stockpiled within the critical root
zone of the tree will result in the loss of tree protection
credit(s) and will require that the job be stopped until a
revised Landscape Plan is approved.
4. Crushed limestone and other material detrimental to trees
shall not be stored or dumped within the drip line of any
tree nor at any higher location where drainage toward the
tree could conceivably affect the health of the tree.
5. Any preserved trees damaged during construction should
be repaired. Damage should be analyzed by a Certified
Arborist, Consultant Forester, or approved qualified
professional, and a repair plan should be submitted to the
City for approval.
6. If the tree begins to show signs of stress (i.e. leaf dieback,
wilting, etc.), additional measures may be required by the
City such as fertilizing or watering to aid the tree in
survival.
v. Tree Preservation protection measures must be checked by the City
of Yorkville before the permit for development will be released.
Periodic inspections will occur during construction.
vi. Failure to provide adequate tree protection will result in the loss of
tree protection credits and will require that the job be stopped until
a revised Landscape Plan is approved.
Request for waiver of H.2.
2. Tree Replacement Standards:
a. Any tree approved for removal shall be replaced with new trees in
accordance with the following schedule:
Caliper(Inches) of tree
to be removed Number of Replacement Trees
30 or greater 6
13-29 5
8-12 4
4-7 2
b. In the event that a tree identified to be preserved is removed or damaged,
such tree shall be replaced as follows:
12
Caliper(Inches) of tree
to be removed Number of Replacement Trees
30 or greater 12
13-29 10
8-12 8
4-7 4
c. All replacement trees shall have a minimum caliper of two and one-half
inches (2 'A-) and shall consist of the shade tree varieties listed under
Permitted Plantings.
d. If the tree(s) approved for removal is (are) dead from natural causes prior
to the date of the tree removal permit, then no replacement tree(s) are
required for them.
3. Approval Criteria: The City shall approve a tree removal application if one or
more of the following conditions exist:
a. The tree to be removed poses a safety hazard to persons or property.
b. The tree is substantially diseased or weakened by age, storm, fire or other
injury.
c. The tree removal is in accordance with good forestry practice such as
when a parcel of land will only support a certain number of healthy trees
which is less than the number of existing trees on the parcel.
d. The tree removal is of a nuisance tree listed under Section 3 General
Standards,#7.
e. The tree removal is part of an approved overall landscape plan.
4. Failure to Replace Trees: If replacement trees, which are required by the approved
tree removal permit, are not planted within the time frame set out by the tree
removal permit, the City may, at its option, replace the trees. All costs associated
with purchasing and planting the replacement trees shall be charged to the owner
or other person or entity causing the removal of the trees.
13
Exhibit 3: Fox River Tributary Drainage Area
Table 7 - Summary of Discharges (continued)
Peak Discharges(cubic feet per second)
Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent-
and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance
Fox River
At Dayton
(USGS gage No.05552500) 2,642 22,132 36,274 41,893 58,357
At Bridge Street 2,138 15,327 23,899 27,412 36,894
About 900 feet upstream
of Bridge Street 1,804 10,580 15,221 17,697 22,615
At Aurora
(USGS gage No.05551500) 1,705 8,572 12,791 14,368 18,697
Harvey Creek
300 feet downstream
of Sandy Bluff Road 3.46 381 525 595 983
600 feet downstream
of Griswold Springs Road 3.36 367 506 569 924
2,000 feet upstream
of Griswold Springs Road 2.41 291 387 442 638
At Dayton Street 1.41 183 248 291 379
Middle Aux Sable Creek
Just downstream of Caton
Farm Road 15.9 1,252 2,144 2,767 3,481
Just downstream of Wheeler
Road 14.0 1,241 2,124 2,741 3,448
Upstream of Wheeler Road 12.9 1,237 2,117 2,731 3,435
North Arm Saratoga Creek
About 150 feet downstream
from farm bridge 0.7 80 * 143 *
At Joliet Road 0.66 79 * 140 *
About 700 feet upstream of
Galena Street 0.42 59 * 106 *
Tributary 1 to West Aux
Sable Creek Tributary B
Just downstream of the
intersection of Caton Farm
Road and Brisbin Road 2.1 446 743 947 1,179
Waubansee Creek
At confluence with Fox River 29.6 * * 2,007 *
At U.S Route 25 29.5 * * 1,979 *
At U.S.Route 34 29.2 * * 1,940 *
At U.S.Route 30 18.7 774 1,170 1,447 2,700
At Elgin Joliet and Eastern
Railroad 17.4 734 1,108 1,373 2,500
*Data not available
Exhibit 2: Fox River Tributary Drainage Area
Exhibit 4: Blackberry Creek Tributary Drainage Area
Table 7. Summary of Discharges
Peak Discharges(cubic feet per second)
Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent-
and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance
Aux Sable Creek
Downstream of Bell Road 107.9 6,162 10,618 13,754 17,360
Downstream of US Highway 52 99.1 5,902 10,167 13,168 16,617
Just downstream of East Aux
Sable Creek confluence 98.6 5,886 10,139 13,131 16,570
Downstream of McKanna Road 64.9 3,134 5,422 7,038 7,038
Just downstream of the
convergence of Middle Aux
Sable Creek and West Aux
Sable Creek 63.8 3,054 5,285 6,861 8,676
Blackberry Creek
Just downstream of Route 34 69.0 1,381 2,303 2,771 4,053
Just downstream of Route 47 67.5 1,366 2,284 2,749 4,026
Approximately 7,200 feet
upstream of Route 47 65.2 1,349 2,260 2,721 3,991
Just downstream of Route 30 59.6 1,316 2,229 2,692 3,968
Clear Creek
At confluence with Fox River 6.7 1,055 1,484 1,772 2,474
About 3,300 feet upstream
of confluence with Fox River 6.4 1,003 1,413 1,701 2,371
About 2,000 feet downstream
of Crimmin Road 3.9 677 994 1,181 1,676
At Crimmin Road 3.5 614 902 1,071 1,520
About 3,700 feet upstream
of Crimmin Road 3.3 560 822 968 1,375
About 1,250 downstream of
confluence with Dave-Bob
Creek 2.87 495 726 855 1,214
At Chicago Road 2.53 408 590 718 1,003
At Main Street 2.01 311 435 538 759
About 1,000 feet upstream
of State Route 71 1.6 231 381 462 670
Dave-Bob Creek
At confluence with Clear
Creek 0.3 65 100 115 145
At Unnamed Tributary 0.17 40 65 75 95
East Aux Sable Creek
Just downstream of the
confluence of East Aux Sable
Creek Tributary A 33.7 2,871 4,908 6,330 7,960
Upstream of the confluence of
East Aux Sable Creek
Tributary B 27.8 2,533 4,328 5,581 7,015
19
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Exhibit 6D: Downstream Structures
Index Contour
® OpenStreetMap (and) contributors, CC-BY-SA, Map data
OpenStreetMap contributors, Microsoft,Esri Community Maps contributors,
Map layer by Esri
Kendall County Web GIS
View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/.
Exhibit 7: Will County Detention Exemptions
§55.020 GENERAL INFORMATION.
(A) Other applicable regulations.All developments shall meet the requirements specified for general stormwater
development(§55.020),site runoff(§55.022),sediment and erosion control(§§55.035 through 55.047), performance
security and maintenance(§§55.200 through 55.203).
(B) Applicability of site runoff storage requirements(detention).
(1) All developments shall comply with the site runoff storage requirements provided in§55.023 of this subchapter in
which:
(a) More than two single-family structures or one two-family structure are to be constructed on a site five or more
acres in size;
(b) Multi-family or nonresidential land use is to be constructed on a site more than one acre in size;
(c) Existing multi-family or nonresidential land uses on a site one acre or more in size,on which new development
after the effective date of this chapter in the aggregate exceeds 25,000 square feet;
(d) Roadway developments in rights-of-way under the ownership or control of a unit of local governments when the
contiguous area of new roadway construction(excluding previously paved areas)exceeds two acres;and
(e) The developer of a commercial or industrial redevelopment may request that a fee-in-lieu of detention be
approved provided that all of the following are demonstrated to the sole satisfaction of the Administrator:
1. The drainage plan will not increase existing flood damages;and
2. The drainage plan provides a net benefit in water quality compared to the existing development.
(2) The Administrator shall determine the appropriate fee to be collected as defined in§55.215,and his or her decision
in the matter shall be considered final.
(C) Exemptions from site runoff storage requirements(detention). Site run-off storage is not required under the following
circumstances:
(1) Direct discharge industrial sites;and/or
(2) Non-industrial direct discharge sites 160 acres or less having the following minimum river frontage:
Site Area Required Frontage
0-2 acres 50 feet
Up to 5 acres 100 feet
Up to 10 acres 150 feet
Up to 40 acres 200 feet
Up to 80 acres 350 feet
Up to 160 acres 500 feet
(Res.02-441, passed 10-17-2002; Res.02-495, passed 11-21-2002; Res.04-87, passed 3-17-2004)
Exhibit 8: HEC-RAS Model Results
Table 1:Fox River HEC-RAS Model Results: 100-Year Floodplain Elevations
HEC-RAS I I Existing 100- I Proposed 100- I Change (ft)
Cross Section Location
Year Elevation Year Elevation
35.841 DS site limits 575.64 575.64 0.00
35.938 575.76 757.75 -0.01
36.050 575.85 575.85 0.00
36.068 575.94 575.96 0.02
36.151 FEMA Sect.W 576.01 576.04 0.03
36.201 US site limits 576.16 576.20 0.04
36.358 576.70 576.74 0.04
36.368 DS of Bridge St. 576.87 576.91 0.04
36.391 FEMA Sect.X 577.10 577.14 0.04
Table 2:Fox River HEC-RAS Model Results: 100-Year Channel Velocities
HEC-RAS Existing 100- Proposed 100-
Cross Section Location Year Velocity Year Velocity Change (%)
(ft/s) (ft/s)
35.841 DS site limits 3.17 3.22 1.6
35.938 3.24 3.43 5.9
36.050 3.31 3.44 3.9
36.068 3.18 3.30 3.8
36.151 FEMA Sect.W 4.67 4.79 2.6
36.201 US site limits 4.88 4.88 0.0
36.358 4.87 4.85 -0.4
36.368 DS of Bridge St. 4.00 3.97 -0.7
36.391 FEMA Sect.X 3.33 3.35 0.6
Table 3:Blackberry Creek HEC-RAS Model Results: 100-Year Floodplain Elevations
HEC-RAS I Location I Existing 100- Proposed 100- I Change (ft)
Cross Section Year Elevation Year Elevation
0 I Fox River I 573.36 I 573.36 I 0.00
Confluence
275 FEMA Sect.A 574.17 574.18 0.01
558 576.84 576.84 0.00
676 576.84 576.84 0.00
702 DS of River Rd. 576.89 576.88 -0.01
732 US of River Rd. 577.43 577.42 -0.01
1115 FEMA Sect.B 580.73 580.73 0.00
Table 4:Blackberry Creek HEC-RAS Model Results: 100-Year Channel Velocities
HEC-RAS Existing 100- Proposed 100-
Cross Section Location Year Velocity Year Velocity Change (%)
(ft/s) (ft/s)
0 Fox River I 5.22 I 5.22 I 0.00
Confluence
275 FEMA Sect.A 11.42 11.46 0.35
558 4.80 4.80 0.00
676 6.48 6.48 0.00
702 DS of River Rd. 6.65 6.65 0.00
732 US of River Rd. 3.83 3.83 0.00
1115 FEMA Sect.B 8.93 8.93 0.00
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EXHIBIT 9
Exhibit 10: USFW Report
IPaC Information for Planning and Consultation U.S. Fish&Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the.U.S. Fish and Wildlife Service's(USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below.The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site-specific(e.g.,vegetation/species surveys)and project-specific(e.g., magnitude and timing of
proposed activities)information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s)with jurisdiction in the defined project area. Please read the introduction to each section that
follows(Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands)for additional
information applicable to the trust resources addressed in that section.
Location
Kendall County, Illinois
100
Y orkv iii e
Local office
Illinois-Iowa Ecological Services Field Office
'. (309)757-5800
la (309)757-5807
Illinois& Iowa Ecological Services Field Office
1511 47th Ave
Moline, IL 61265-7022
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence(AOI)for species are also considered.An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area(e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change,the species on this list are not guaranteed to be found on or near the
project area.To fully determine any potential effects to species, additional site-specific and project-
specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action"for any project that is conducted, permitted,funded, or licensed by any
Federal agency.A letter from the local office and a species list which fulfills this requirement can only
be obtained by requesting an official species list from either the Regulatory Review section in IPaC
(see directions below)or from the local field office directly.
For project evaluations that require USFWS concurrence/review,please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in(if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.,
Listed species
and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and
Wildlife Service(USFWS)and the fisheries division of the National Oceanic and Atmospheric
Administration(NOAA Fisheries?).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed,for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS(see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service(NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Indiana Bat Myotis sodalis Endangered
Wherever found
There is final critical habitat for this species.The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.govlecp/species/9045
Insects
NAME STATUS Viftsotti
Rusty Patched Bumble Bee Bombus affinis Ens
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/938310.
Flowering Plants
NAME STATUS
Eastern Prairie Fringed Orchid Platanthera leucophaea Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.govleco/species/601
Critical habitats
Potential effects to critical habitat(s)in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
I and the Bald and Golden Eagle Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pditmanagement/nationwidestandardconservati meast4,re pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern(BCC)list or warrant special attention in your project location.To learn
more about the levels of concern for birds on your list and how this list is generated,see the FAQ
below.This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area.To see exact locations of where birders and the general
public have sighted birds in and around your project area,visit the E-bird data mapping tool (Tip:
enter your location,desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds,and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME BREEDING SEASON(IF A
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST,THE
BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS ACROSS
ITS ENTIRE RANGE."BREEDS
ELSEWHERE"INDICATES THAT THE
BIRD DOES NOT LIKELY BREED IN
YOUR PROJECT AREA.)
Bald Eagle Haliaeetus leucocephalus Breeds Oct 15 to Aug 31
This is not a Bird of Conservation Concern(BCC)in this area,but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Black-billed Cuckoo Coccyzus erythropthalmus Breeds May 15 to Oct 10
This is a Bird of Conservation Concern(BCC)throughout it r
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Bobolink Dolichonyx oryzivorus Breeds May 20 to Jul 31
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
Dunlin Calidris alpina arcticola Breeds elsewhere
This is a Bird of Conservation Concern(BCC)only in particular Bird
Conservation Regions(BCRs)in the continental USA
Golden Eagle Aquila chrysaetos Breeds elsewhere
This is not a Bird of Conservation Concern(BCC)in this area,but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1680
Henslow's Sparrow Ammodramus henslowii Breeds May 1 to Aug 31
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3941
King Rail Rallus elegans Breeds May 1 to Sep 5
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8936
Least Bittern Ixobrychus exilis Breeds Aug 16 to Oct 31
This is a Bird of Conservation Concern(BCC)only in particular Bird
Conservation Regions(BCRs)in the continental USA
https://ecos.fws.gov/ecp/species/6175
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecplsoecies/9679
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere
This is a Bird of Conservation Concern(BCC)only in particular ir"
Conservation Regions(BCRs)in the continental USA
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
Semipalmated Sandpiper Calidris pusilla Breeds elsewhere
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area.When birds may be breeding in the area,identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure.To see when birds are most likely to occur
and be breeding in your project area,view the Probability of Presence Summary.Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern(BCC)and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
fAKN).The AKN data is based on a growing collection of survey,banding,and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area,an eagle
(Eagle Act requirements may apply),or a species that has a particular vulnerability to offshore activities or
development.
Again,the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.It is not
representative of all birds that may occur in your project area.To get a list of all birds potentially present in your
project area,please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network(AKN).This data is derived from a growing collection of survey,banding,and citizen science
datasets
Probability of presence data is continuously being updated as new and better information becomes available.To
learn more about how the probability of presence graphs are produced and how to interpret them,go the
Probability of Presence Summary and then click on the"Tell me about these graphs"link.
How do I know if a bird is breeding,wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within(i.e.breeding,wintering,migrating or year-
round),you may refer to the following resources:The Cornell Lab of Ornithology All About Birds Bird Guide,or(if
you are unsuccessful in locating the bird of interest there),the Cornell Lab of Ornithology Neotropical Birds guide.If
a bird on your migratory bird species list has a breeding season associated with it,if that bird does occur in your
project area,there may be nests present at some point within the timeframe specified. If"Breeds elsewhere"is
indicated,then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through lPaC fall into the following distinct categories of concern:
1. "BCC Rangewide"birds are Birds of Conservation Concern(BCC)that are of concern throughout their range
anywhere within the USA(including Hawaii,the Pacific Islands, Puerto Rico,and the Virgin Islands);
2. "BCC-SCR"birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs)in the
continental USA;and
3. "Non-BCC-Vulnerable"birds are not BCC species in your project area,but appear on your list either because of
the Eagle Act requirements(for eagles)or(for non-eagles)potential susceptibilities in offshore areas from
certain types of development or activities(e.g.offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds,efforts should be made,in particular,to
avoid and minimize impacts to the birds on this list,especially eagles and BCC species of rangewide concern.For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles,please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast,please visit the Northeast Ocean Data Portal.The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration.Models relying on survey data may not include this information. For additional information on
marine bird tracking data,see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area,only a subset of birds of priority
concern.To learn more about how your list is generated,and see options for identifying what other birds may be in
your project area,please see the FAQ"What does IPaC use to generate the migratory birds potentially occurring in
my specified location".Please be aware this report provides the"probability of presence"of birds within the 10 km
grid cell(s)that overlap your project; not your exact project footprint.On the graphs provided,please also look
carefully at the survey effort(indicated by the black vertical bar)and for the existence of the"no data"indicator(a
red horizontal bar).A high survey effort is the key component.If the survey effort is high,then the probability of
presence score can be viewed as more dependable.In contrast,a low survey effort bar or no data bar means a lack
of data and,therefore,a lack of certainty about presence of the species.This list is not perfect;it is simply a starting
point for identifying what birds of concern have the potential to be in your project area,when they might be there,
and if they might be breeding(which means nests might be present).The list helps you know what to look for to
confirm presence,and helps guide you in knowing when to implement conservation measures to avoid or minimize
potential impacts from your project activities,should presence be confirmed.To learn more about conservation
measures,visit the FAQ"Tell me about conservation measures I can implement to avoid or minimize impacts to
migratory birds"at the bottom of your migratory bird trust resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S.Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory(NWI) map service is unavailable,or for very
large projects that intersect many wetland areas.Try again, or visit the NWI map to view wetlands at
this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location,type and size of these resources.The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation,visible hydrology and geography.A margin of error is inherent in the
use of imagery;thus,detailed on-the-ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery,the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands.These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities(coral or tuberficid worm reefs)have also been excluded from the inventory.
These habitats, because of their depth,go undetected by aerial imagery.
Data precautions
Federal,state,and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory.There is no attempt,in either the design or products of this
inventory,to define the limits of proprietary jurisdiction of any Federal,state,or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,state,or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.