LRA struggles with DNR

By Danica Baker
Herald Staff Writer

March 03, 2006 10:28 am

— SAVANNA, Ill. — The Jo-Carroll Local Redevelopment Authority is hoping the state of Illinois will pass legislation that may ease the transfer of property at Eagles Landing Development, the site of the former Savanna Army Depot.
Board member Ed Olds told the board at Wednesday’s meeting that he has been informed the Illinois Department of Natural Resources does not want the legislation to go through.
The debate is over Illinois House Bill 4303, sponsored by Rep. Jim Sacia, R-Pecatonica, Ill. According to the Illinois Legislative Tracker, the bill would nullify the Illinois Endangered Species Preservation Act and the Illinois Natural Areas Preservation Act on any federal military facility closed since 1990 designated an enterprise zone.
If passed, the law would make some former military lands, such as the Rock Island Arsenal or the former Depot, open to commercial development with fewer wildlife protection requirements.
Currently, land developers interested in parcels at the Depot must consult with the DNR to determine the endangered or threatened species on the site and how they will be affected by the development.
At the February board meeting, an attorney representing LRA tenant company Midwest Third Party Logistics asked the board to consider obtaining an Incidental Taking Permit from the DNR or he would advise his client the transfer of property would not go through. The permit would authorize the protection of threatened species by relocation or “taking” and clear the way for proposed development. Olds told the board on Wednesday the process to obtain a permit is difficult and long.
“We can’t wait two years to turn over property,” Olds said. He added that if a company has a choice between property that has development restrictions and a long timeline and a company that can immediately transfer property, the LRA could miss out on some great opportunities for commercial development.
Board Vice Chairman Bill McFadden echoed the statement saying it would be like buying a house and being told you can’t use the kitchen.
“A hearing could take over two years,” said McFadden. “It pretty much kills development. That’s why we’re trying to get the law passed.”
Board Chairman Jack Rapp, who spoke at the meeting via speakerphone, said the LRA would like the DNR to withdraw its opposition to the bill. Rich Lewis, DNR representative with the Division of Resource Review and Coordination, said the decision to do so would have to come from a higher authority in the department and that he didn’t believe the DNR would do that.
Jack Koster, president of LRA tenant company Riverport Railroad, said the corporation was purchasing a parcel last year and could have gone bankrupt because the transfer of the property was held up because of the environmental situation involved.
“It cost us money and time,” Koster said. “We’re running a business. We’ve got to get things resolved.”
LRA attorney Phil Jensen said his understanding after reading the statute describing the consultation process is that if the land is to be disturbed, DNR has to be consulted before progressing with development. The LRA may transfer property without consulting DNR, but must convey to interested parties that consultation must occur before construction can begin.
Olds said the LRA wants to help the species on the Depot property. In a Feb. 22 letter to Todd Rettig, manager of the Division of Ecosystems and Environment for the DNR, LRA Executive Director David Ylinen pointed out the U.S. Fish and Wildlife Service created the Lost Mound Fish and Wildlife Refuge to protect and preserve 9,000 of the 13,000 acres of the property, as well as set aside acreage for initiatives of the DNR.
“The refuge status assures that the vast majority of the former depot will never be developed, thereby protecting threatened and endangered species and their habitat,” Ylinen wrote.
The LRA is hoping criteria can be met for a compromise with the DNR, including the issuance of an Incidental Take Authorization by June 1 that will cover all of the Jo-Carroll Enterprise Zone and that the DNR will agree to begin the consultation process and be complete by June 30.
The DNR would be granted a one-time period of 30 days to access the property to remove or transplant any identified endangered species plant to United States Fish and Wildlife Service or DNR property. Following completion of those processes, the LRA would be exempted from the provisions, duties, obligations and penalties under the Illinois Endangered Species Protection Act and the Illinois Natural Areas Preservation Act. Lewis said he would try to have an attorney to represent DNR attend the April LRA board meeting.