Chicago District, Regulatory Branch

December 21, 2015

U.S. Army Corps of Engineers Chicago District, Regulatory Branch 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604-1437

Attn: COE# 2013-00839, Ms. Kimberly Kubiak IEPA #C-0396-14, Mr. Thaddeus Faught Subject: Longmeadow Parkway

Dear Ms. Kubiak and Mr. Faught,

Thank you for the previous opportunity to comment upon the Kane County DOT application for the proposed Longmeadow Parkway in November of 2014. And thank you for requiring the applicant to address the issues presented during that public comment period. We are pleased that this process is recognizing the public’s concerns as legitimate, and is forcing the appropriate considerations and actions by KDOT. It is a demonstration that the applicant seems to preform in a reactive fashion, rather than proactive on environmental protection measures.

Thank you for this opportunity to comment upon the Kane County DOT application for a permit for the proposed Longmeadow Parkway for the second time. I am requesting that the Army Corps of Engineers and Illinois Environmental Protection Agency deny their respective permits, because this project no longer is able to meet its purpose and need. This project was developed during the 1990’s, and projected its impact into the future. The current condition is far different than those projections. The No Build alternative has become the best choice. This must be addressed. We are counting on the Army Corps of Engineers and Illinois Environmental Protection Agency to consider the presented comments, and take the appropriate action.

Traffic Congestion The primary objective of this project is to add a river crossing to relieve traffic congestion on existing roads. The busiest river crossing close to this project is the intersection of Rt. 31 & Rt. 62, which is less than two miles to the North. The projection for traffic at that intersection in 2013 was 49,500 vehicles/day. Below are the actual IDOT traffic counts, that indicate a number in 2013 that is far less, and demonstrates a six year trend of reduction.

YEAR TRAFFIC COUNT 2005 41,800 2007 42,600 2009 41,800 2012 40,400 2013 37,100

The Rt. 31 western bypass that was recently opened, will reduce the number of vehicles even further. In addition, these numbers will be also be impacted by the proposed additional turning lanes on Main St. in Carpentersville (next crossing to the South, less than 1 mile), Rt. 72 recently completed additional turning lanes, and the I90 expansion currently that is under construction. This proposed additional river crossing will not receive the traffic that was projected, and consequently is a very poor investment for reducing traffic congestion.

The data demonstrates that this project will not have a significant impact upon other local river crossings. It would actually contribute to the congestion on existing roadways, because it will require six additional traffic signals.

Economic Impact The project relies on toll charges to cover nearly $100,000,000 in construction costs. Based upon the history of tolls in Illinois, and this project’s own projections for use at various toll cost scenarios, it will not produce adequate revenue to cover the construction costs. It will then be the responsibility of the citizens of Kane County. This is not a popular scenario for the taxpayers. This will be demonstrated in a referendum to be conducted in Dundee Township in March 2016. I highly recommend that no action be taken by your office until after that vote is taken.

The KDOT financial plan submitted to IDOT indicates the source of funding will be “bonds”. The legality of using bonds to cover a toll way will likely be challenged with a lawsuit. The likelihood that a private interest would invest in the only county owned toll way is poor.

The project was proposed before several residential developments occurred along its path. The property values of these residents will be significantly impacted, as well as their quality of life.

The project’s objectives of providing increased access to economic centers will not be realized, since the primary envisioned site for economic development when this project was developed is now the Brunner Family Kane County Forest Preserve. It actually will be counter productive to the neighboring communities to the south, as it would draw traffic away from their business centers.

Since the demographics and anticipated growth in the region has significantly changed, this project now is one of those “build it and they will come” schemes. The Village of Algonquin sees this as a major artery to the projected heart of their commercial development where the road ends on the west side. This is the site of the Algonquin Commons shopping area. This complex, like so many others, are experiencing a decline in activity. Currently, nearly 20% of of businesses that occupied buildings have moved out. This road project will not magically change the economic trend, and bring the promised jobs, and tax revenue to Algonquin.

Environmental Impact The Environmental Impact Statement was published in 2002. So much of that report is inaccurate today. The Federal Highway Administration only required an update in 2009, which included only that it was becoming a toll way. At a minimum, that study should be completely redone. It is very likely that the No Build alternative will become the best choice when it is revisited.

In 2008, the Brunner Family Forest Preserve property was acquired, and just recently opened to the public. This makes it a 4(f) property under the National Environmental Policy Act. It is without question that this project would significantly impact that property’s natural resources and the public’s recreational uses. The Federal Highway Authority should not be granted the de minimus status that has been applied for.

The section of the Fox River where the bridge is proposed is highly valued by the paddling community as a section that is an urban wilderness setting. It also is heavily used by people fishing from shore and by boat. During the waterfowl hunting season, it is the site of several hunting blinds. This section of the bike trail has been determined to be the most heavily used along the whole trail from northern McHenry County to midway south in Kane County.

This same section is a high quality Small Mouth Bass habitat, Mussel bed, and location where many migrating waterfowl are regularly observed. It draws birders from several hundred miles away just to see the ducks.

This is how the KCFPD describes the property where the road/bridge will bisect the Brunner Family Forest Preserve, on its website.

“The area has been deemed some of the highest quality, unprotected habitat in Kane County. Bald eagles have been observed along the riverfront, in addition to rare mussels in the Fox River and regionally rare plant and shrub species. Among priorities are bird habitats for the Willow Flycatcher, American Bittern and Sedge Wren. The District also plans brush removal to support habitats for Baltimore Checkerspot butterflies and other animals.”

The EIS sites the absence of both Bald Eagles and Mussels there. This is a clear demonstration of how inaccurate the EIS has become. This is the text from an interpretive trail sign less than 1500 feet from the proposed Bridge corridor.

“Located here at Brunner Family Forest Preserve, is the largest intact example of a functional fen in Kane County, and one of the largest along the entire 202-mile run of the Fox River.” “The Forest Preserve District of Kane County’s restoration of this property offers the opportunity to restore a functioning wetland within a substantially larger preserve.”

Note that in the KDOT application, the following was stated on page 4. “No fens were found to occur within the project area.”

This is a glaring example of the contradictory information being used. The interpretive sign also sites that wetlands are rare in the area, threatened by development, and must be protected. Yet this project will mitigate wetlands impacted all off site. This is a good example of how two branches of the same county government are disagreeing on the appropriate use of the property.

The property has wonderful potential for ecological restoration and various forms of passive recreation. Both of these uses are significantly inhibited by a four-lane roadway bisecting and separating the continuous property. No other 800 acre riverfront parcel is available in the entire county. This is a violation of the intent of an open space referendum that was crucial in the acquisition of this property. Many citizens worked on the passage of that referendum with the idea that this would be the largest acquisition by the Kane County Forest Preserve District. To many of them, this bisecting road/bridge is a direct violation of their efforts.

The Blandings Turtle Is a state threatened species that has been identified by District staff. This is how the applicant plans to address that. “KDOT included the turtle in its request for an Incidental Take Authorization that will be coordinated with the IDNR and distributed to the contractor. It outlines specific steps in handling a turtle should one venture onto the construction site.”

A pair of Sandhill Crane’s nested and produced young near the existing Longmeadow Parkway this year. That is in a wetland that will be impacted, but no mention of this in the application.

The Brunner Family Forest Preserve is connected to three other Forest Preserves. These public properties will also be negatively impacted by this project. This is not addressed in the application.

The applicant claims no impact upon water quality, and sites measures like salt reduction that have been taken at other projects. This is no guarantee that these measures will be implemented here. Saying that “Best Management Practices” will be implemented, is no guarantee of that to be true. It appears that KDOT only suggests such measures would be utilized. The applicant heralds more than doubling wetlands mitigated and trees planted to replace those removed. It is not enough when the ecosystems are not being replaced. Two 3 inch DBH trees does not replace a 150 year old Oak that is part of Savannah.

Adequate attention to light, noise, air, and water pollution has not been satisfied. These will have an impact upon the physical habitat, biological resources, and humans. The application is very deficient in addressing these issues. These issues must be thoroughly investigated, with resulting data that demonstrates their claims of no impact. The specific measures to be implemented must be presented.

. Contrary to Regional Needs Kane County, the State of Illinois, and the Federal Highway system all have a long list of crumbling infrastructure that need immediate attention. In Illinois, 16% of the bridges are structurally deficient and 73% of the roads are in poor or mediocre condition. It would be most appropriate to direct funds to those existing needs, as opposed to investing in a project that has questionable financial support, lost its need, and lacks of local support.

The project may have had merit in the past, but is not appropriate in these contemporary times. The Chicago Metropolitan Agency for Planning in its Go to 2040 Plan calls for using existing infrastructure opposed to constructing new roads. This project is inconsistent with that plan for the following four reasons.

1) Financial Risk. The proposed project’s estimated cost and potential financing structure expose Kane County to extensive financial risk.

2) Contradictory Growth Assumptions. The traffic and growth projections are far different than the actual conditions now. The project will have negative impacts on livability, mobility, and natural resources.

3) Unsubstantiated Economic Development Potential. The proposed project’s ability to spur or support economic growth remains unclear because existing nearby development is minimal. The selected corridor alignment is not located near opportunities for sustained job creation and economic development.

4) Limited Benefits to Regional Mobility. The proposed Longmeadow Parkway achieves negligible impacts on regional transportation performance, making it a lower priority than the planned GO TO 2040 investments that do address the region’s congestion challenges.

The census data demonstrates that population growth that was projected has also not been realized. The project’s envisioned benefactors in McHenry County are actually experiencing a trending decrease in population numbers, which is similar to the entire state of Illinois. Kane County is experiencing growth, but it is less than 1%. Recent studies suggest that the Millennial generation will soon be 50% of the work force. This demographic group favors high density development found in urban settings, and mass transportation. The major employment opportunities are all far to the east of this project. Commuting to those centers from the west, the most direct route would be on I90. This is yet another example of how the project is no longer appropriate. This does not serve the public interest.

This project has been opposed by the public for more than 15 years. That has been demonstrated through multiple referendums and public comment. A recent study conducted by CMAP on the corridor between Algonquin and Carpentersville, had more comments of concern about the proposed Longmeadow Parkway than any other single issue. Currently, only a very small percentage of Kane County residents are aware of this project. It has been perceived to have been defeated several times. A rapidly growing population of concerned citizens is just beginning to take serious measures to that may involve legal actions. I know that the Army Corps rarely grants a public hearing, but this is a worthy candidate. Once the bulk of Kane County residents understand the economic investment into a project that has lost its ability to satisfy its objectives, the political process will eliminate the need for legal actions.

. Request

. I am requesting that the Army Corps of Engineers and Illinois Environmental Protection Agency deny their respective permits, based upon the many changes that make this project invalid. A new Environmental Impact Statement is in order, since so many factors have significantly changed in the past 15 years. This project will not achieve its objectives of reducing traffic congestion and providing economic gain. The No Build Alternative is now the most appropriate selection. If the permit is not denied, then at least a public hearing should be called as to allow a greater portion of the public sector to address their concerns. We appreciate the opportunity to have a second round of comments, but the comment period from 12/9-1/9 is a very inconvenient time for most people, as it is the busiest holiday season, which is full of many distractions.

. As citizens concerned with protecting the quality of our natural environment, we must rely on the political system that is designed to protect the public interest from private exploitation. The local citizens around Dundee Township have a long history of successfully protecting open spaces and their resident biodiversity. The area is also very active in ecological restoration efforts. We are outraged that we can work to pass one open space referendum after another, raising taxes on our neighbors, only to have a four-lane road bisect a Kane County Forest Preserve. I am not blindly opposed to development, but must oppose this project as a very bad investment economically, socially, and environmentally. I know that permit denial is highly unusual, but this is a very special case. I hope the agencies charged with protecting our environment will find a way to finally put an end to the proposed Longmeadow Parkway. It may have been a viable project in the 1990s, but it is a certain loser now. . Thank you for the opportunity to offer some of my comments. I have several additional concerns relative to social injustices, and quality of life, but will leave those to the folks that are being personally impacted.

. Respectfully submitted,

. Gary Swick

. 370 Congdon Ave. Elgin, Illinois 60120 815 370 0026