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Questions about the Dam removal project

(87 posts)
  1. spatny
    Member

    For the record...

    The recent meeting on the dam removal project heard two answers over and over: "It's about safety" and "WE don't have a plan yet." Someone suggested "50 people had been killed at that dam" and whenever anyone disputed any of the Army Corps projections it was always "wait until we finish our proposal." I would think that after something like $1.5 million being allocated to the design process without a single spadeful of earth being turned and twelve to fifteen years in the making, we would have a plan that one could look at and question, but that,it seems, is not the case. I did get documents from the ACofE in answer to my FOIA but the IDNR says if I want to see their side, and what they have spent, I have to make an appointment and come to Springfield, as they can't send it in an email or on a CD as other agencies do. Hmmmmm.

    As to operating from the south bank and saving the residents on Fairbank Road from a long term mess, who knows if they will even seriously investigate it. I did learn that when they ask for that easement it will be for three years, which is a hell of a long time to have trucks and crawlers in your front yard, so maybe people in the First Division need to let them know how they feel.

    Supposedly they will produce a map of what the river will be like from the dam to upstream of 31st street. Based on my analysis of the numbers I got from the USGS and their projections, I predict that the river will narrow at Salt Creek by up to 60 ft - between 18.5 to 31.8 ft per side, at Forest by up to 54 ft - 15.8 to 27.2 per side, and at 31st St. by up to 45 ft - 12.95 to 22.2 ft per side. I see no reason to believe that these newly exposed banks and the debris stuck in them will be "lush in one year" as forecast by the ACofE guy. Along Fairbank Road west of Millbridge you probably won't be able to see the river - except at high water flows - from the road. That's my prediction...

    And one more thing. When I was talking about the number of truckloads that nearly twelve thousand cubic yards of "clean fill" would bring to that staging area they said "We aren't going to do that." When I asked how that could be since it was in their "Final and Approved" plan on file with the village, and that plan stated it was an EPA requirement to cover exposed contaminated sediment to that depth, they couldn't or wouldn't say what they would do instead. I sure hope they plan to cover that stuff and not take some shortcut because when that fine sediment dries it will be blowing everywhere. That's something we surely do not want.

    The IDNR guys also admitted that no soundings have been taken in the first 200 feet upstream of the dam because it was too dangerous so I hope when they find the old dam out there behind the present one, and have to remove it, they won't blow their budget on that and shortchange the work for the Swan Pond. When I asked them about what "Final and Approved" on the only plan the Village has ever seen they told me that meant "Prliminary." Nice....

    I wish someone like Judy Barr Topinka- the Comptroller-elect - would query the IDNR for their expenditures on this project so we could see what is happening to the taxpayer's money.

    Posted Wednesday Nov 24, 2010 18:40 #
  2. spatny
    Member

    In Congress the reps have been asked to accept a deal worked out between the President and the Senate Minority Leader to approve a tax bill that has not yet been written. Similarly, in Riverside, we have passed a resolution and granted an easement for the removal of the Fairbank Dam before the project report is finished. I sent this to the Riverside Village Manager on Dec. 2. No reply.

    Subject: Dam Removal Project

    Dear Mr. Scalera:

    Riverside is a registered National Historic Landscape Architectural District. When the Board of Trustees accepted the national historic landmark designation it beceme incumbent upon us to preserve the historical integrity of the Village so far as practicable. Regulations of the Illinois Historic Preservation Agency (IHPA) apply to Riverside’s integral features. The village’s boundaries extend to the south bank of the Des Plaines river. Therefore both the Fairbank and Hofmann Dams are integral components of the district, and the proposed Dam Removal project requires a valid Memorandum of Agreement (MOA) between the Army Corps of Engineers (Corps) and the IHPA. The existing MOA (IHPA # 0206210001WCK - see attached) which I obtained from the Corps is invalid for the following reasons:

    1. It was written and signed off during 2003. The work covered was not carried out within one year of the date of it’s execution nor extended in writing, as required. (See MOA p.2, point 3 under Terms and Conditions.)

    2. Since both the Corps and IDNR publicly stated at the November 18th meeting that the existing plan covered by this MOA was no longer valid or the plan they would follow, and since they do not yet have a new plan for this project that they could submit to the IHPA and all the other required signatories (MOA, p3) for consideration, as required under point 3 of the enumerated “Stipulations”, the Corps and/or its contractor are not be in compliance with the requirements of the National Historic Preservation Act and/or the Secretary of the Interior’s “Standards for Rehabilitation.

    Therefore, The Corps (or its agents,contractors, etc.) may not commence demolition, destruction, removal excavation or any work, anywhere in the District, unless and until a new, valid plan is submitted and approved by the IHPA and the other signators.

    Obviously, the Corps and IDNR, who have been playing with this project for over twelve years, have still not fulfilled their responsibilities. Likewise, when the Village Board cited a plan that the Corps and IDNR have publicly called “preliminary” and is therefore inapplcable to the work planned to be carried out under the Resolution granting the easement, this project is illegal. The Village must inform the contractor that work may not proceed and the easement Resolution should be rescinded until a new, valid plan is submitted and gathers the required permissions.

    I trust you will take immediate action in this regard.

    Posted Thursday Dec 9, 2010 21:24 #
  3. spatny
    Member

    Since the Village declined to answer my letter of Dec. 2nd I asked the Olmsted Society to speak up on this matter. (See below.) As a General Member of FLOS I asked to address the annual meeting so that I could explain why I believe the Olmsted Society should strenuously object to the Dam Removal project going forward BEFORE the complete plan is finished, vetted and approved, but it seems that was not possible. No one from FLOS has spoken up concerning the Hofmann Dam Removal project proceeding BEFORE the stipulations of the Memorandum of Agreement signed by Connie Guardi on behalf of FLOS being fulfilled and no one from FLOS has stepped up to demand that the Corps, the IDNR and the Village honor the terms all the signatories stipulated to. In fact, some of the members of FLOS voted as Trustees to grant the easement for the removal of the Fairbank Dam even though the Army Corps is not in compliance with the terms of the MOA. That document, signed in 2003, clearly states that “it shall be null and void if its terms are not carried out within one year” and further states “The Corps shall not commence demolition, construction, planting, excavation or repair... before obtaining comments and approval from the IHPA and the concurring parties on plans and specifications at the 75% and 100% design stage.”

    The Corps and/or IDNR have yet to produce such a plan, and when they do it must be resubmitted to all the signatories for comments and approval before any demolition can take place. But this is not what is happening.

    We all know that Riverside, as a registered Historical Landscape District, may not be treated as just some place to experiment and change things. Riverside’s boundaries extend to the south bank of the Des Plaines river and so the dams and bridges are integral features of the District , and therefore any work of this magnitude requires a valid MOA. I call upon the FLOS Board to honor its Mission Statement, which reads:

    “The Frederick Law Olmsted Society is dedicated to sustaining Olmsted's vision for Riverside for generations to come. Its members are guided by his concern for humanity, nature, sense of community and the innovative and thoughtful essence of his work. The Olmsted Society invites residents and visitors to join us in learning, protecting the environment, and preserving our cultural and physical heritage.”

    Frederick Law Olmsted had a specific interest in the mill-dam.  He addressed its function and design in his Preliminary Report Upon the Proposed Suburban Village at Riverside, Near Chicago, 1868 by stating:
    “It will probably be best to increase the height of the mill-dam so as to enlarge the area of the public water suitable for boating and skating, and so as to completely cover some low, flat ground now exposed in low stages of the river.  At the same time, a larger outlet should be provided to prevent floods above the dam from injuring the shore.  A public drive and walk should be carried near the edge of the bank in such a way as to avoid destroying the more valuable trees growing upon it, and there should be pretty boat-landings, terraces, balconies overhanging the water, and pavilions at points desirable for observing regattas, mainly of rustic character, and to be half overgrown with vines.” (p. 28.)

    One can be in favor of the dam removal or against it - everyone is entitled to his or her own opinion. But everyone is not entitled to their own set of facts, and the facts are that if the Corps and IDNR want to proceed they must produce a 100% complete plan and submit it to the IHPA, The Riverside Preservation and Historical Commissions, FLOS and the Lyons Historical Society for comment and possible approval, BEFORE they start digging. I believe the Village must insist that all the questions I and others have raised be answered to an acceptable degree of certainty so that the ramifications of this project may be fully understood and the Village is fully protected.

    FLOS should take a stand that, unless and until these plans and supporting documentation are produced, vetted, and approved this project must not proceed, and the Village should be fully and contractually indemnified for any negative effects this project causes if it does happen, all the way from 31st Street on the north to to the Ogden Bridge on the south.

    Let me draw the scenario that has occurred here. This project was originally developed elsewhere. Over the years meetings were held to gather input, but no record of any changes made as a result of those meetings can be found. Then the MOA was developed between the IHPA and the Army Corps in 2002 which contains the stipulations I recited above. In 2006 a plan that was labeled “Final and Approved” was circulated. It said that Hofmann would be done in Year One, and Fairbank (and Armitage) in Year Two. Then nothing happened until 2010.

    Suddenly, there seemed to be some money available and the IDNR came to the Village in a big hurry and said we need you to grant the easement for Fairbank so we can go ahead and contract this. It was a “Use it or Lose It” proposal, and our Village Board went ahead and granted it without ever seeing any finished plan for the entire project. The Village posted the notice for comments even though the IDNR stated the dam was in Lyons, not Riverside. As soon as the Board granted the easement the Corps and IDNR awarded the contract, even before the period for comments was closed. The Village is not included in that contract as a signatory. And so we are in the situation where demolition work may now proceed before we know what the entire scope of the plan will be. The work will be done by a contractor selected by others who themselves have by their own admission never removed a dam in Illinois.

    The IDNR has no expertise or experience in this area - they have not removed a dam, and they have no outcome studies to offer. Worse, if we have negative results up river or down river of where they will work we have no recourse, except through the courts. We need to have a way to see exactly what they propose to do and how they will go about doing it, check it out to see if it is accurate, and then if it is approved, we need to be 100% sure they will be contractually obligated to correct anything that causes harm to the Riverside Historic District. That is only prudent.

    There have been dams on this river for 183 years. The dam was here when Olmsted made his plan and you can see it drawn in on that plan. No one has the right to claim some kind of jurisdiction to remove it. It is my view that either FLOS stands up for insisting that this be done in the proper sequence or it loses its credibility. It is not good enough to start demolition when questions are answered by “wait and see.” answers. We must not these agencies experiment in Riverside.

    The money for the Fairbank and Armitage dam removals, which is but a small part of the much larger project, has been allocated, and it does not need to be used immediately. We should insist on seeing the total plan in completed form before any digging and destruction starts.

    Hofmann will be a massive project for Riverside. Many thousands of truckloads of materials including 3000 cubic yards of contaminated sediment will need to be moved and transported in and out of Riverside. IF this program is vetted and approved, we should insist that the work be done from the South Bank. or not at all. To grant a three year easement to bring this construction chaos to Fairbank Road is totally unnecessary. We just need to be firm. I hope FLOS will stand up to protect Riverside.

    I won't hold my breath.

    Posted Saturday Jan 15, 2011 16:17 #
  4. spatny
    Member

    I meant to add, this is where your new tax money will go. I have seen the calculation that a person making $50K a year will pay an extra $60 every two weeks in IL state tax. Needless projects like this are where we could start making cuts. Save a million here, a million there... pretty soon you're talking about some money, right? This mentality of thinking something is "free" because you don't write the check that pays for it directly is what got us in the hole. Feds or state, we all pay for boondoggles like this.

    And if this leaves us with a problem, who do we go to to fix it? The Feds are broke, the state is broke... we can get in the long grey line. Why don't we wait to see the finished plan before we start tearing up the parks?

    Posted Saturday Jan 15, 2011 20:03 #
  5. Tim
    Member

    "No one from FLOS has spoken up concerning the Hofmann Dam Removal project proceeding BEFORE the stipulations of the Memorandum of Agreement signed by Connie Guardi on behalf of FLOS being fulfilled and no one from FLOS has stepped up to demand that the Corps, the IDNR and the Village honor the terms all the signatories stipulated to."

    Don,

    Memorandum (IHPA #0206210001WCK), signed by then president of the Frederick Law Olmsted Soceity, lapsed one year following the date of its execution, unless there was an extension signed by the original parties. In the absence of an extension that agreement has no binding requirement on the Corp.

    I can only expect that our Village will act in our best interest on this matter. If that includes continued review and comment on the plans for the project as they evolve I personally support that effort. I would expect the Olmsted Society will discuss and provide comment on any plans presented if so requested by our Village Manager and Trustees. If and when plans become available I would be happy to introduce them for discussion to the Olmsted Board.

    Tim Ozga

    Posted Sunday Jan 16, 2011 08:11 #
  6. spatny
    Member

    Tim. Exactly my point. The MOA lapsed and is invalid and they still need one. An MOA with IHPA is required because of the Riverside Historic District and the Hofmann Tower being registered. It is still required, because those designations are still in place. The Corps did the HAER report but never finished the plan to the 100% design stage, as they agreed to do. They still have not done that. THERE IS NO FINISHED PLAN. Therefore, since the Corps and the others signed and concurred with the Stipulations, they need to comply, submit the FINISHED plan to the same signing parties, and get a new valid MOA before they go ahead. The Village was foolish to grant the easement to proceed before the Corps was in compliance.

    FLOS was asked to concur with the terms of the MOA, which is what it did. Therefore it must insist that the Stipulations be honored, in any MOA that goes forward.That was the purpose of the MOA - to see that the Corps did certain things AND WE APPROVED THEM before they went ahead and started digging. I gave you a copy the other night so you can read it yourself. The Corps needs a valid MOA to proceed and they don't have it and can't get it until they can show a 100% finished plan. Why does everyone want to evade the question of making the Corps come up with the finished plan BEFORE they start demolition?

    The contract for Fairbank was let, the money is allocated, but we should see the total complete plan for the whole project before anyone starts destroying a feature of the Riverside Historic District. What's the rush to do this? It's not "free" - it's our tax dollars. The last time we did that - took a grant - it cost us $200,000 plus MORE than we were told it was going to cost us. We did that at Centennial Park/Plaza. This project has the potential to cause the Village to be left holding the bag for a hell of a lot more if we aren't indemnified for problems caused up or down river from the small stretch they will operate in. That's the nature of rivers - what you do here can cause problems there, or there, or there. Why the rush to put the Village at risk?

    Posted Sunday Jan 16, 2011 09:54 #
  7. anonymous
    Member

    I agree totally with spatny. If this so-called plan was supposed to be implemented in 2003, and it is now 2011--what is the hurry? We have no money. The state has no money. The nation has no money. Our national debt has broken the 14 billion dollar barrier. Our taxes are high enough. Thanks to Pat Quinn, who broke a campaign promise, we now will be paying even more. Jobs will leave this state and go to our neighboring states which are more business friendly. How much higher can our taxes realistically go before it will force more people to declare bankruptcy or go into foreclosure?

    Seems to me that our village, our state, and are country have more pressing items to spend OUR money on than a small dam on a small river in a small village in the once great state of Illinois. Illinois can't borrow any more money and I don't think that this project is worthy of borrowing more from China. If we can't borrow money to complete the project, it will be left uncompleted and then what?

    Let's put politics aside and put common sense to the forefront. Let's put this project back on the shelf until we can afford it. I think we will all be able to survive.

    Posted Sunday Jan 16, 2011 12:53 #

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