Ill. Admin. Code tit. 17 § 1080.20

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1080.20 - Notice and Review of Conservation Plans

a) After receipt of a conservation plan, the Department shall, within 30 days, review the conservation plan to determine if all required information has been provided by the applicant and:

1) acknowledge receipt of the complete conservation plan in writing; or

2) notify the applicant in writing of any deficiencies in the conservation plan and provide the applicant an opportunity to supply additional information to the Department. Any late-breaking or additional information will be considered part of the conservation plan for purposes of this Part.

b) When the applicant is notified by the Department that the conservation plan is complete as defined in this Part, the applicant shall place a notice in a local newspaper of general circulation in the locality of the proposed action at least once a week for 3 consecutive weeks. At least 14 days shall elapse between the first and last publications of the notice. The notice shall also be published one time in the official State newspaper, concurrent with the first publication in a local newspaper of general circulation. A copy of the notice as it will appear in the newspaper shall be submitted to the Department for approval before the first publication. The notice shall include, at a minimum, the following:

1) the name and mailing address of the applicant;

2) a map or description that clearly shows or describes the precise location and boundaries of both the area to be affected by the proposed project and any areas to be affected by provisions of the conservation plan and is sufficient to enable local residents to readily identify the subject areas. It must include towns, bodies of water, local landmarks, or any other information that would identify the subject areas. If a map is used, it shall indicate the north direction;

3) a summary of the incidental taking for which authorization is being requested;

4) a summary of the measures that will be instituted to minimize and mitigate the effects of the proposed incidental taking;

5) the location where a copy of the conservation plan is available for inspection;

6) the street and e-mail address of the office of the Department to which comments on the conservation plan may be submitted; and

7) the closing date for receipt of written comments on the conservation plan.

c) The applicant shall:

1) provide copies of the conservation plan to be available for review at the nearest public library in the county or counties in which the proposed action will occur. Copies distributed for public review shall not include any trade secrets as defined by the Illinois Trade Secrets Act [765 ILCS 1065/2(d)] ; and

2) provide copies of the conservation plan to the Executive Director of the Illinois Endangered Species Protection Board (Board).

d) After the applicant's public notice is approved by the Department, the Department shall provide notice of the receipt of the conservation plan to any person who has requested notice. The Department shall maintain a permanent list of those persons or organizations that wish to be notified of all conservation plans it receives.

Ill. Admin. Code tit. 17, § 1080.20