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ILLINOIS
DEPARTMENT OF NATURAL RESOURCES
OFFICE
OF WATER RESOURCES
ONE
NATURAL RESOURCE WAY
SPRINGFIELD,
ILLINOIS 62702-1271
REGIONAL
PERMIT NO. 3
AUTHORIZING
CONSTRUCTION OF MINOR PROJECTS
IN
NORTHEASTERN ILLINOIS REGULATORY FLOODWAYS
INTRODUCTION
Under
the provisions of 17 Illinois Administrative Code, Part 3708, any construction
within a regulatory floodway in Cook, DuPage, Kane, Lake, McHenry and
Will counties requires a permit from the Illinois Department of Natural
Resources, Office of Water Resources and from the local unit of government
having jurisdiction.
The
Part 3708 rules allow the Department to issue regional permits for specific
activities which would not singularly or cumulatively result in increased
flood stage or velocity. Subsequent to the effective date of this regional
permit, it will not be necessary to submit applications to, or obtain
individual permits from, the Department of Natural Resources, Office
of Water Resources for those activities listed which meet the specified
terms and conditions.
The
Part 3708 rules require that all floodway construction applications
be prepared and reviewed by a registered professional engineer. The
registered professional engineers preparation and review required by
the Part 3708 rules is waived for projects meeting the terms and conditions
of this regional permit.
APPLICABILITY
Except
as noted, this regional permit applies to the construction of the specified
projects within regulatory floodways designated by the Department of
Natural Resources, Office of Water Resources pursuant to 17 Illinois
Administrative Code, Part 3708 (Lake Michigan is not included).
TERMS
AND CONDITIONS FOR SPECIFIC PROJECT TYPES
Underground
and Overhead Utilities
To
be authorized by this permit, underground and overhead utilities must
meet the following criteria:
(a) The construction of the utility must not result in any increase
in existing ground elevations.
(b) The construction of the utility must not involve the placement of
above ground structures in the floodway other than supporting towers
for overhead utilities.
(c) In the case of underground stream crossings, the top of the pipe
or encasement must be buried a minimum of three (3) feet below the existing
stream bed.
(d) In the case of overhead utilities, supporting towers are not to
be placed in the watercourse and shall be designed not to catch debris.
(e) Disturbance of streamside vegetation shall be kept to a minimum
during construction to prevent erosion and sedimentation. All disturbed
floodway areas, including the stream banks, shall be restored to their
original contours and seeded or otherwise stabilized upon completion
of construction.
(f)
A utility crossing carrying material which may cause water pollution
as defined by the Environmental Protection Act, 415 ILCS 5 (1996 State
Bar Edition) shall be provided with shut-off valves on each side of
the body of water to be crossed.
(g)
If blasting is to be utilized in the construction of the crossing, the
Permittee shall notify the Department of Natural Resources, Office of
Resource Conservation at least (10) days prior to the blasting date
to allow monitoring of any related fish kills.
(h) This regional permit does not authorize utility crossings of the
Kankakee River, Fox River and the Fox Chain O Lakes, Chicago River,
South Branch Chicago River, South Fork of South Branch Chicago River,
West Fork of South Branch Chicago River, Ogden Slip, Chicago Sanitary
and Ship Canal, North Branch Chicago River from its mouth to its junction
with the North Shore Channel, North Shore Channel, North Branch Canal,
Des Plaines River from its mouth to Lockport Lock, Lake Calumet, Lake
Calumet entrance channel, Calumet-Sag Channel, Calumet River, Grand
Calumet, and the Little Calumet River from its mouth to its junction
with the Calumet-Sag Channel.
Storm
and Sanitary Sewer Outfalls and Outlet Channels
To
be authorized by this permit, storm and sanitary sewer outfalls and
outlet channels must meet the following criteria:
(a) The outfall must not project riverward or lakeward of the existing
adjacent natural bank slope or bulkhead.
(b) Construction of outfalls and outlet channels must not result in
an increase in ground elevation in the floodway.
(c) The outfall or outlet channel must not cause stream erosion at the
discharge location.
(d) The velocity of the discharge shall not exceed the scour velocity
of the channel soil, unless channel erosion would be prevented by the
use of riprap or other design measures.
(e) Outlets from drainage ditches shall not be opened to a stream until
the ditch is vegetated or otherwise stabilized to minimize stream sedimentation.
(f) The outlet jet shall not be a hazard to navigation.
(g) The outlet discharge capacity shall not exceed 1,000 cubic feet
per second.
(h) Bank erosion shall be prevented by aprons, energy dissipators or
drop structures as necessary.
(i) Disturbance of streamside vegetation shall be kept to a minimum
during construction to prevent erosion and sedimentation. All disturbed
floodway areas, including the stream banks, shall be restored to their
original contours and seeded or otherwise stabilized upon completion
of construction.
Sidewalks,
Athletic Fields (excluding fences), Playground Equipment and Patios
To
be authorized by this permit, sidewalks, athletic fields, playground
equipment and patios must meet the following criteria:
(a) No fencing or fill may be placed or built as part of the project.
(b) Sidewalks, athletic fields and patios must be built at or below
grade.
(c) Playground equipment must be anchored to prevent flotation and must
be non-obstructive to flood flows.
(d) No sidewalks or equipment shall project riverward or lakeward of
the bank or shore.
Shoreline
and Streambank Protection
To
be authorized by this permit, construction of shoreline and streambank
protection must meet the following criteria:
(a) Only the following materials may be utilized: Stone and concrete
riprap, steel sheet piling, cellular blocks, fabric-formed concrete,
gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical
fabric materials, natural vegetation and treated timber.
(b) The length of shoreline or streambank to be protected shall not
exceed one thousand (1000) feet.
(c) All material utilized shall be properly sized or anchored to resist
anticipated forces of current and wave action.
(d) Materials shall be placed in a way which would not cause erosion
or the accumulation of debris on properties adjacent to or opposite
the project.
(e) Materials shall not be placed higher than the existing top of bank.
(f) Materials shall be placed so that the modified cross-sectional area
of the channel will conform to that of the natural channel upstream
and downstream of the site. In no case shall the cross-sectional area
of the natural channel be reduced. The bank may be graded to obtain
a flatter slope and to lessen the quantity of material required.
(g) If broken concrete is used, all protruding materials such as reinforcing
rods shall be cut flush with the surface of the concrete and removed
from the construction area.
(h) 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 construction.
(i) In the case of seawalls and gabion structures on lakes, the structure
shall be constructed at or landward of the water line as determined
by the normal pool elevation.
(j) This regional permit does not authorize filling for the purpose
of converting public water to private use.
Minor
non-commercial boat docks
(a)
The boat dock must not project more than 50 feet into a waterway, and
in no instance greater than 1/4 of the width of the waterway, and shall
not extend beyond any established navigation limits of the Department
of Natural Resources and the Corps of Engineers.
(b)
The width of the boat dock must not be greater than 10 feet.
(c)
For L-shaped or T-shaped docks, the length of that portion parallel
to the shoreline must not exceed 50 percent of the landowner’s
shoreline frontage, nor be greater than 50 feet in length.
(d)
Docks must be aligned so as not to cross the straight-line projection
of property lines into the waterway or come within 10 feet of the straight-line
projection of the property line.
(e)
Seasonal shore stations/boat lifts must be located adjacent to a boat
dock or seawall and must not cross the straight-line projection of the
property lines.
(f)
Dock posts must be marked by reflective devices. It is recommended that
navigation indicator colors not be used.
(g)
The boat dock must be securely anchored to prevent its detachment and
becoming a floating hazard during times of high water or winds.
(h)
Metal drums or containers may not be used as buoyancy units unless they
are filled with flotation foam. Containers which previously stored pesticides,
herbicides, or any other toxic chemicals are not permissible.
(I)
This permit does not authorize any other permanent structures, such
as non-fabric roofs and elevated decks.
(j)
Nonfloating boat docks must be constructed in a manner which will minimize
obstruction of flow.
(k)
If at any future date the Department of Natural Resources or the Corps
of Engineers determines that the dock facility obstructs or impairs
navigation, or in any way infringes upon the rights or interests of
the public or any individual party, the permittee agrees to make necessary
modifications to the dock as determined by the Department of Natural
Resources or the Corps of Engineers.
GENERAL
CONDITIONS
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 granted 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. The Permittee shall, at the Permittees own expense, remove all temporary
piling, cofferdams, false work, and material incidental to the construction
of the project, from the floodway in which the work is done. If the
Permittee fails to remove such structures or materials, the Department
may have removal made at the expense of the Permittee. If the activity
is on a public body of water and if future need for public navigation
or public interests, by the state or federal government, necessitates
changes in any part of the structure or structures, such changes shall
be made by and at the expense of the Permittee or Permittees successors
as required by the Department of Natural Resources or other properly
constituted agency, within sixty (60) days from receipt of written notice
of the necessity from the Department or other agency, unless a longer
period of time is specifically authorized.
6. If a project authorized by this permit is located in or along a meandered
lake, the Permittee and his successors shall make no claim whatsoever
to any interest in any accretions caused by the project.
7. In issuing this permit, the Department of Natural Resources does
not approve the adequacy of the design or structural strength of the
structure or improvement authorized by this permit.
1. This Regional Permit shall remain in effect until such time as it
is modified, suspended, or revoked by the Department of Natural Resources.
This
Regional Permit was issued on July 25, 1990 and last modified or corrected
May 15, 2003.
APPROVED:
___________________________________
Joel Brunsvold, Director
Department of Natural Resources
EXAMINED
AND RECOMMENDED:
______________________________________
Martin
J. Stralow, Manager
Division
of Water Resource Management
APPROVAL
RECOMMENDED:
______________________________________
Gary
R. Clark, Acting Director
Office
of Water Resources
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