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October 2, 1998

MEMORANDUM FOR DISTRIBUTION

SUBJECT: STATEWIDE PERMIT NO. 13 - TEMPORARY CONSTRUCTION ACTIVITIES

Attached for your information is a copy of Illinois Department of Natural Resources, Office of Water Resources Statewide Permit No. 13, which has been issued to authorize temporary construction activities in the floodways of all non-public rivers, lakes and streams under the Department's jurisdiction except those in Lake, McHenry, Cook, DuPage, Kane and Will Counties for which regulatory floodways have been designated pursuant to 17 Illinois Administrative Code 3708. This permit has been issued pursuant to the Rivers, Lakes and Streams Act, 615 ILCS 5 (1996 State Bar Edition).

This Act requires the Department in part to regulate construction within the floodways of streams draining ten (10) square miles or more in rural areas and one (1) square mile or more in urban areas. Among the purposes of the regulatory program are the preservation of the flood carrying capacity of streams and the prevention of significant increases in potential flood damage. The issuance of Statewide Permit No. 13 represents, in part, the Department's ongoing effort to accomplish these purposes while reducing regulatory costs and burden on the public.

For additional information regarding this permit, or any other aspect of the Office of Water Resources' regulatory program, please feel free to contact the Downstate Regulatory Programs Section in Springfield (217/782-3863) or the Northeastern Illinois Regulatory Programs Section in Schaumburg (847/705-4341).

Attachment

ILLINOIS DEPARTMENT OF NATURAL RESOURCES

OFFICE OF WATER RESOURCES

524 SOUTH SECOND STREET

SPRINGFIELD, ILLINOIS 62701-1787

STATEWIDE PERMIT NO. 13

AUTHORIZING TEMPORARY CONSTRUCTION ACTIVITIES

PURPOSE

The purpose of this Statewide Permit is to authorize temporary construction activities in the floodways of non-public waters of the state which have insignificant impact on those factors under the jurisdiction of the Illinois Department of Natural Resources, Office of Water Resources (IDNR/OWR). It is no longer necessary to submit applications to, or obtain individual permits from, IDNR/OWR for activities meeting the terms and conditions of this permit. If a project would not meet all of the terms and conditions of this permit, a formal permit application must be submitted.

APPLICABILITY

This permit applies to temporary construction activities in the floodways of all non-public rivers, lakes and streams under the Department's jurisdiction except those in Lake, McHenry, Cook, DuPage, Kane and Will Counties for which regulatory floodways have been designated pursuant to 17 Illinois Administrative Code 3708. This permit does not apply to work in any public body of water (see attached list). This permit also does not apply to projects which conflict with a federal, state or local project or improvement, or with any other rules of the Department.

COORDINATION WITH OTHER AGENCIES

This permit does not supersede nor relieve any permittee's responsibility to obtain other federal, state or local permits. The local (county or municipal) regulatory official and the U. S. Army Corps of Engineers' regulatory functions office should be contacted to obtain any additional design criteria and required permits. In addition, if any historical or archeological materials are revealed by any activity authorized by this permit, the activity shall be suspended and the permittee shall notify the staff archeologist, Historic Preservation Agency, One Old State Capitol Plaza, Springfield, Illinois 62701.

SPECIAL CONDITIONS

In order to be authorized by this permit, an individual project must meet the following special conditions.

1. No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state and local authorizations.

2. The term "temporary" shall mean not more than one construction season; all temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the Office of Water Resources.

3. The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases due to the temporary project are contained within the channel banks.

5. No temporary structure shall be placed within any river or stream channel until a registered professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure.

6. The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above condition.

7. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction.

8. Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).

GENERAL CONDITIONS OF THE STATEWIDE PERMIT

1. This permit is granted in accordance with the Rivers, Lakes and Streams Act, 615 ILCS 5 (1996 State Bar Edition).

2. This permit does not convey title to any permittee or recognize title of any permittee to any submerged or other lands, and furthermore, does not convey, lease or provide any right or rights of occupancy or use of the public or private property on which the project or any part thereof will be located, or otherwise grant to any permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties.

3. This permit does not release any permittee from liability for damage to persons or property resulting from any activity covered by this permit and does not authorize any injury to private property or invasion of private rights.

4. This permit does not relieve any permittee of the responsibility to obtain other federal, state or local authorizations required for the construction of the permitted activity; and if any permittee is required by law to obtain approval from any federal or other state agency to do the work, authorization granted by this permit is not effective until the federal and state approvals are obtained.

5. In issuing this permit, the Department of Natural Resources does not approve the adequacy of the design or structural strength of any structure or improvement authorized by this permit.

6. This Statewide Permit shall remain in effect until such time as it is modified, suspended, or revoked by the Department of Natural Resources.

This Statewide Permit was issued on October 2, 1998.

APPROVED:


______________________________
Brent Manning, Director
Department of Natural Resources


EXAMINED AND RECOMMENDED:


_____________________________
Martin J. Stralow, Manager
Division of Water Resource Management


APPROVAL RECOMMENDED:


_____________________________
Donald R. Vonnahme, Director
Office of Water Resources

Public Bodies of Water

The following public bodies of water were navigable in their natural condition or were improved for navigation and opened to public use. The entire length and surface area in Illinois, including all backwater lakes and sloughs open to the main channel or body of water at normal flows or stages, are open to the public unless limited to a head of navigation as stated. Head of navigation descriptions use the U.S. rectangular survey system and these abbreviations: T = township, R = range, PM = principal meridian, Sec. = section, 1/4 = quarter section, N = north, E = east, S = south, W = west,

USGS = U.S. Geological Survey.

1) Lake Michigan;

2) Chicago River: Main Branch;

3) Chicago River: North Branch to North Shore Channel;

4) Chicago River: South Branch;

5) Chicago River: South Fork of South Branch;

6) Chicago River: East and West Arms of South Fork of South Branch;

7) Chicago River: West Fork of South Branch to Chicago Sanitary and Ship Canal;

8) Calumet River;

9) Lake Calumet and entrance channel to Calumet River;

10) Grand Calumet River;

11) Little Calumet River;

12) Wolf Lake (Cook County);

13) Mississippi River (including all backwater lakes such as Frentress Lake in Jo Daviess County, Boston Bay in Mercer County and Quincy Bay in Adams County);

14) Sinsiniwa River to North Line of Sec. 9, T28N, R1W, 4th PM in Jo Daviess County, which is located approximately two-thirds mile downstream from the U.S. Highway 20 bridge. This area is shown on the Galena, Ill.-Iowa, 7.5 minute USGS quadrangle map;

15) Galena River to East Line of Sec. 6, T28N, R1E, 4th PM in Jo Daviess County, which is located approximately one-half mile upstream from the County Highway 67 bridge. This area is shown on the Galena, Ill.-Iowa, 7.5 minute USGS quadrangle map;

16) Apple River to North Line of Sec. 35, T26N, R2E, 4th PM in Jo Daviess County;

17) Plum River to North Line, T24N, R3E, 4th PM in Carroll County, which is located approximately one and one-half miles upstream from the U.S. Highway 52 bridge. This area is shown on the Savanna, Ill., 15 minute USGS quadrangle map;

18) Rock River;

19) Pecatonica River;

20) Sugar River (Winnebago County);

21) Stillman Creek to South Line, T25N, R11E, 4th PM in Ogle County, which is located approximately one-third mile downstream from the Illinois Highway 72 bridge. This area is shown on the Stillman Valley, 7.5 minute USGS quadrangle map;

22) Henderson Creek (new channel) to East Line, SW 1/4, Sec. 6, T10N, R5W, 4th PM in Henderson County. The river has been relocated and the old channel abandoned;

23) The Sny in Adams, Pike and Calhoun Counties. The area has been drained with levees and ditches and it is uncertain that any descendent body of water exists;

24) Bay Creek to West Line, Sec. 29, T8S, R3W, 4th PM in Calhoun County. The head of navigation is the limit of meanders on the official plat of survey; but it is uncertain that any descendent body of water exists;

25) Illinois River (including all backwater lakes such as Peoria Lake in Peoria, Tazewell and Woodford Counties; Matanzas Bay in Mason County; and Meredosia Lake in Cass and Morgan Counties);

26) Des Plaines River to Hoffman Dam in Cook County, which is located one-half mile downstream from the junction with Salt Creek. This area is shown on the Berwyn, 7.5 minute USGS quadrangle map;

27) Kankakee River;

28) Iroquois River to South Line, SW 1/4, Sec. 30, T27N, R12W, 2nd PM in Iroquois County, which is located approximately one mile downstream from the junction with Sugar Creek. This area is shown on the Gilman, 15 minute USGS quadrangle;

29) Fox River (Illinois River Basin);

30) Griswold Lake (McHenry County);

31) Fox Chain-O-Lakes (Lake and McHenry Counties): Bluff Lake, Lake Catherine, Channel Lake, Fox Lake, Grass Lake, Lake Marie, Nippersink Lake, Dunns Lake, Pistakee Lake, Lake Jerilyn, Lac Louette, Redhead Lake;

32) Vermilion River (Illinois River Basin) to approximately one-half mile above the mouth near Oglesby in LaSalle County;

33) Spring Lake (Tazewell County);

34) Spoon River to North Line, Sec. 24, T6N, R1E, 4th PM in Fulton County, which is located approximately one-half mile upstream from the Illinois Highway 95 bridge. This area is shown on the Smithfield, 7.5 minute USGS quadrangle map;

35) Sangamon River to South Line, NE 1/4, Sec. 1, T15N, R4W, 3rd PM in Sangamon County, which is located approximately one mile south of the Mechanicsburg Road bridge. This area is shown on the Mechanicsburg, 7.5 minute USGS quadrangle map;

36) Sangamon River: South Fork to South Line, Sec. 33, T16N, R4W, 3rd PM in Sangamon County, which is located approximately two miles upstream from the mouth. This area is shown on the Springfield-East, 7.5 minute USGS quadrangle map;

37) Macoupin Creek to East Line, Sec. 25, T9N, R13W, 3rd PM in Green and Jersey Counties, which is located approximately one mile downstream from the junction with Boyer Creek. This area is shown on the Boyer Creek, 7.5 minute USGS quadrangle map;

38) Otter Creek to East Line of Sec. 3, T7N, R13W, 3rd PM in Jersey County, which is located approximately two miles east of the Illinois Highway 100 bridge. This area is shown on the Nutwood, 7.5 minute USGS quadrangle map;

39) Kaskaskia River to East Line, SW 1/4, Sec. 31, T8N, R2E, 3rd PM, which is located nine miles south and two miles west of Herrick. This area is shown on the Vera, 7.5 minute USGS quadrangle map;

40) Big Muddy River to East Line T8S, R2W, 3rd PM in Jackson County, which is located approximately one mile northwest of the Southern Illinois Airport. This area is shown on the Murphysboro, 7.5 minute USGS quadrangle map;

41) Ohio River;

42) Wabash River;

43) Vermilion River (Wabash River Basin) to West Line, T19N, R11W, 2nd PM in Vermilion County, which is located approximately one mile upstream from the junction with the North Fork. This area is shown on the Danville, SW, 7.5 minute USGS quadrangle map;

44) Little Wabash River to the Illinois Highway 1 bridge in Carmi in White County;

45) Saline River to junction of North Fork and South Fork;

46) Saline River: North Fork to North Line, Sec. 5, T8S, R8E, 3rd PM in Gallatin County, which is located approximately three miles south of the junction of Illinois Highway 141 and U.S. Highway 45. This area is shown on the Ridgway, 7.5 minute USGS quadrangle map;

47) Saline River: South Fork to West Line, T9S, R8E, 3rd PM in Gallatin County, which is located at the Gallatin-Saline County line. This area is shown on the Equality, 7.5 minute USGS quadrangle map;

48) Horseshoe Lake (Alexander County).

The following public bodies of water are primarily artificial navigable waters that were opened to public use.

1) Illinois and Michigan Canal;

2) Illinois and Mississippi (Hennepin) Canal and Canal Feeder;

3) North Shore Channel (Cook County);

4) North Branch Canal of North Branch Chicago River (Cook County);

5) Relocated South Branch Chicago River (Cook County);

6) Chicago Sanitary and Ship Canal;

7) Calumet Sag Channel;

8) Marseilles Canal (LaSalle County);

9) Chain of Rocks Canal (Madison County);

10) Relocated Kaskaskia River.

The following public bodies of water are navigable waters that were dedicated to public use. This list is incomplete. It is believed there are numerous channels and slips in subdivisions on the margins of public bodies of water which have been dedicated by plat. Additional channels and slips have been dedicated by common law.

1) Petite Lake, Spring Lake and connecting channels between Bluff Lake and Fox Lake in Lake County.

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