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MEMORANDUM OF UNDERSTANDING BETWEEN DUPAGE COUNTY STORMWATER MANAGEMENT, THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY, AND THE DUPAGE RIVER SALT CREEK WORKGROUP FOR CONSTRUCTION AND PERPETUAL MAINTENANCE OF A FISH PASSAGE SYSTEM AT FAWELL DAM IN THE McDOWELL GROVE FOREST PRESERVE IN NAPERVILLE, ILLINOIS
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WHEREAS, the Illinois General Assembly has granted the COUNTY authority to develop watershed plans, undertake measures to control and protect against flooding, manage stormwater, and to enter into agreements for the purposes of stormwater management and flood control (Illinois Compiled Statutes, Chapter 55, paragraphs 5/5-1062.3 and 5/5-15001 et seq.); and
WHEREAS, pursuant to 65 ILCS 5/11-109-1, the COUNTY has the authority to maintain waterways and flood control structures under its ownership and jurisdiction; and
WHEREAS, the COUNTY owns and operates Fawell Dam for flood control and property protection purposes situated in the McDowell Forest Preserve in Naperville, Illinois, a preserve owned by the FPDDC; and
WHEREAS, the COUNTY is a regional stormwater authority and improving water quality within DuPage County Waterways is part of the COUNTY's mission; and
WHEREAS, aquatic life surveys of the West Branch DuPage River commissioned by the DRSCW have shown that species downstream of Fawell Dam are more abundant than those upstream of Fawell Dam; and
WHEREAS, the Parties have complimentary missions that include the preservation and enhancement of existing aquatic and riparian environments in DuPage County; and
WHEREAS, the Parties have identified a potential solution for improving aquatic life and are in agreement that fish passage through Fawell Dam can improve aquatic life upstream of Fawell Dam by placing a fish passage system (hereafter called "the Ladder") in one of the dam'...
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