Natural Resource Reviews

1. Natural Resource Reviews Threatened or Endangered Species Natural Areas Wetlands

2. Laws and Regulations • Illinois Endangered Species Protection Act • 144 animals and 339 plants are listed in Illinois • Illinois Natural Areas Preservation Act • Sites on the Illinois Natural Areas Inventory • Includes Nature Preserves and Land and Water Reserves • Interagency Wetland Policy Act

3. Who has to consult? • A unit of state or local government that • Authorizes an action • Funds an action • Performs an action AND the action • Alters environmental conditions

5. Consultation Process • The EcoCAT Natural Resources Review • If the Natural Heritage Database does not have any records of protected resources in the vicinity, consultation will be terminated. • If there are resources, they will be listed on the EcoCAT report with the name of the IDNR staff member who will review the project.

7. Consultation Process • Staff natural resources review • Are resources flagged by EcoCAT likely to be adversely affected by the action? If not, consultation is closed. • If resources are likely to be adversely affected, written recommendations to avoid or minimize impacts will be sent to the applicant. • If a third party is the applicant, recommendations will also be sent to the unit of government with jurisdiction over the action.

8. Consultation Process If the project description does not provide enough information to determine potential impacts, additional information will be requested. Examples: • Subdivision or development plat • Mass grading plans • Narrative on drainage and stormwater management • Soil boring data

9. Approximately 50% of consultations submitted on-line are closed immediately. • Another 45% are terminated after a reviewer takes a closer look at the project and the resources. • Only 5% of consultations result in detailed recommendations to avoid or minimize impacts.

10. What happens if consultation is ignored? • Consultation can be enforced by Writ of Mandamus • Lawsuits by third parties have delayed projects • Consultation is mandatory, but adopting any recommendations to avoid or minimize impacts is voluntary.

11. However ….. • If the action could kill or injure a listed animal, Incidental Take Authorization may be recommended. • ITA will protect you from violating the Illinois Endangered Species Protection Act, which is a Class A misdemeanor.

12. What triggers a review for wetland impacts? An action is being performed or funded by a state agency.

13. Wetland Review Process • Avoid, minimize, mitigate! • A project will not receive state technical assistance or funding without this review. • The review and any required wetland compensation plan must be completed before a project is implemented. Blanding’s Turtle - Threatened

14. Wetland Impact Review • No adverse impacts; consultation closed. • Adverse impacts • Applicant decides to relocate project location • Impacts temporary; restore to original condition • Mitigation • Replacement wetlands • Wetland banks

15. Common Misconceptions • Find a listed species--stop a project. • If it’s on my property, I can do what I want. • Private persons have to consult. • I have a permit from the Corps of Engineers, I don’t need anything else. • The National Wetlands Inventory doesn’t show any wetlands in the area, so there aren’t any. • No records of listed species means no listed species.

16. Few projects are incompatible with endangered species Blanding’s Turtle Painted Turtle