House Small Business Committee Issues Testimony From Lake County Stormwater Management Commission

WHEELING, Illinois, July 19 -- The House Small Business Committee issued the following testimony by Mike Warner, executive director Lake County Stormwater Management Commission, at a field hearing entitled "Flooded Out: Vanishing Environmental Reviews and the SBA's Disaster Loan Program":

"Thank you for inviting me today and the opportunity to comment on public record regarding these important issues. I am Mike Warner, Director of the Lake County, Illinois, Stormwater Management Commission. Lake County has seen record setting increases in flooding over the last three years; the July 2017 flood set record high water levels on all nine river gages throughout the County, caused millions of dollars of damage and threatened the lives of many residents and visitors. In 2018, the Des Plaines River gage set a record by exceeding flood stage 6 times, which is more than triple the average, and in 2019, a new record rainfall was set for the month of May and flood stage has been topped 4 times already this year. The Illinois State Water Survey research shows this trend of higher rainfall and corresponding flood events is continuing in the region.

"We recently released an impact study for public comment on the Upper Des Plaines River Watershed. The study was undertaken in response to the State of Wisconsin's waiver of environmental regulations for development within the Electronics and Information Technology Manufacturing Zone and the potential impacts of upstream development in Wisconsin to Lake County. The study conclusions found significant deficiencies for mitigation of floodplain, stormwater and wetland impacts within and outside the EITM zone that is worsening flooding impacts within the watershed. (See Appendix A, B)

"The study describes four main conclusions:

"A. In the current Flood Insurance Study for the Upper Des Plaines River in Wisconsin, both the floodplain boundary mapping and published flood flows are grossly underestimating flood risk. This deficiency is creating an increased flood damage risk to existing and new businesses and residential buildings, within this watershed's 'actual' floodplain.

"Discussion: The Southeastern Wisconsin Regional Planning Commission (SEWRPC) is the agency that developed the floodplain study for the Des Plaines river. The methodology SEWRPC utilizes includes a statistical analysis of storm events, to predict floodplain flows and elevations. Our analysis found the storm event record was modified to remove the largest storm event, and doesn't include the most recent 6 of largest 10 storms of record. These omissions result in a significantly underestimated floodplain boundary, which is being further encroached and filled by new development. This underestimation will result in more businesses and homes being placed in the 'actual' floodplain, an allowance of 'actual' floodplain fill, and increased flood related damages in the future. Current Wisconsin floodplain flow has a deficiency of 45% measured at the border of Illinois, and with future development buildout and increasing rainfall trends, we estimate that deficiency to double to over 90%. The Wisconsin Department of Natural Resources provided the exact same type of comments to SEWRPC on a floodplain study just to the north, which in that case was adjusted and updated resulting in increases of floodplain flows ranging from 17% to 86%. The following is an excerpt from the Kinnickinnic Watershed Study "In 2013, SEWRPC submitted the hydrologic analysis to the WDNR for review and approval. WDNR responded in January 2014 and requested that additional work be completed to extend the historical simulation period to include major flooding events that occurred in 2008, 2009 and 2010." "The overall impact of the updated floodplain mapping project was a significant increase in the computed peak flows for the one-percent event. The higher flows result in higher flood profiles and an increase in the computed flood risk in the watershed." (See Appendix C)

"B. Through the development process in Wisconsin upstream of us, there is a deficit of stormwater storage being created by filling existing natural depressions, too large of a detention pond release rate, and uncompensated floodplain fill.

"Discussion: Our study findings show the deficit at approximately 55,000 gallons of storage for every acre of land developed, when compared to Lake County standards. Unmitigated runoff from Wisconsin will increase flood damages to businesses and homes. Lake County is unique within Illinois in that it has more of a 'Wisconsin' glacial topography with a significant amount of natural depressional storage existing in the landscape. Ironically Lake County requires preservation of this natural depressional storage feature, while Wisconsin development sites are not required to compensate for natural storage. Our estimate of the depressional storage being lost in Des Plaines portion of the EITM Zone is approximately 156 acre-feet. The detention pond release rate is double that of Lake County, significantly reducing the surface runoff stored, which subsequently allows more impervious cover per acre of development. Additionally, the loss of floodplain storage does not require compensation because the Des Plaines River is not a Wisconsin established 'Flood Storage District' - even though it meets the technical requirements to become one. "[WDNR] will notify all municipalities that have flood storage areas [in the floodplain] and then provide separate Flood Storage District (FSD) maps that must be adopted into the floodplain zoning ordinance." See Appendix D

"C. Wetlands are being lost within the Des Plaines River Watershed in Wisconsin due to development. Improper allowances are being utilized for wetland fill impacts for expanding roadways by the Wisconsin Department of Transportation. All of WisDot impacts are being mitigated outside of the Des Plaines watershed, which abrogates two Army Corps wetland regulatory tenets regarding 1 - mitigating in the same watershed as the impact site and 2 - the 'no net loss' principle, as this practice is resulting in a significant 'net loss' in the Des Plaines River watershed (See Appendix E). The private development wetland impacts have yet to be mitigated anywhere, and there is doubt the mitigation fee assessed, can compensate for the higher land value within this highly active development corridor, guaranteeing a loss of wetland function locally.

"Discussion: Wetlands are a critical surface water resource, providing water quality, flood control and habitat functions. Over 38 acres of wetlands impacted by roadway expansions and EITM Zone development within the Des Plaines watershed have been filled without any mitigation in the watershed. Wisconsin DOT filled over 21 acres of wetlands during the I-94 improvements and mitigation for those are being provided outside of the Des Plaines River basin. The Mitigation for the 17+ acres of wetland impacted for Foxconn Phase 1 and the local roads within the EITM Zone is occurring through the Wisconsin Wetland Conservation Trust in-lieu fee program. The mitigation is proposed within the Upper Illinois River Basin, which includes the Des Plaines River and Fox River Watersheds. If the credits are created in the Fox River Watershed, the end result is net loss of wetlands within the Des Plaines Watershed, up to a total of more than 38 acres. We believe this mitigation practice has been ongoing which would result in higher numbers of wetland acreage lost in the Des Plaines Watershed, and will continue to research that information. There are also hundreds of wetland acres either in the future development area of the EITM Zone and within the Des Plaines Watershed that can be anticipated to be impacted and potentially lost through the development process.

"D. Inadequate soil erosion and sediment control practices are being utilized by both WisDot and private developers in the Des Plaines River Watershed. These unremedied violations of the Clean Water Act, fill waterways with sediment and are contributing to non-attainment of EPA water quality standards.

"Discussion: SMC has performed independent inspections of the roadwork and development site and documented significant soil erosion occurring. (See Appendix B). The large, mass graded construction area, coupled with insufficient soil erosion and sediment control measures have resulted in sediment being transported from the construction sites downstream as evidenced by an erosion control violation citation from the Wisconsin Department of Natural Resources (WDNR). The Des Plaines River just downstream of the state line is listed by the Illinois Environmental Protection Agency (IEPA) as impaired for Total Suspended Solids (TSS), sedimentation and siltation due in part, to land development activities. Sediment transport from construction sites in Wisconsin is contributing to Des Plaines river impairments in Illinois.

"With every acre of new impervious surface and shovelful of dirt, all four of the issues raised in our conclusions are resulting in an increased flood risk to businesses and homes, aggravated flood damages and negative water quality impacts within the watershed. It is critical that these concerns are addressed as soon as possible, to compensate for future development that will occur.

"Thank you for this opportunity to provide testimony."

View appendix at https://smallbusiness.house.gov/uploadedfiles/07-19-19_mr._warner_testimony.pdf

[TheHill]