Section 1075.50  Special Circumstances

a)         When a particular action involves more than one agency, these agencies may, upon notification to the Department, fulfill their consultation requirements through a single lead agency.  Factors relevant in determining appropriate lead agency include the time sequence in which agencies would become involved in the action, the magnitude of their respective involvement, and their relative expertise with respect to the environmental effects of the action.

b)         In the case of complex actions, where the Department and the agency determine that additional information is needed concerning the listed species or Natural Area and/or the action, the period for the agency to prepare the Detailed Action Report, and the Department to formulate the biological opinion, may be extended by mutual agreement.  During this extension, an agency shall make no irreversible or irretrievable commitments of resources that would foreclose implementation of any reasonable and prudent alternative prior to issuance of a biological opinion.

c)         The consultation process shall be modified for the review of rezoning applications (See Section 1075.30(a)(8)):  

1)         The Agency Action Report shall be submitted for review as required in Section 1075.40(a).

2)         If no listed species or Natural Area is known to be present, a letter of notification of the termination of the consultation process shall be sent within thirty days.

3)         If a listed species or Natural Area is identified, the information shall be provided for consideration in the decision to grant the request for rezoning.  This information shall be made a matter of public record.

4)         The consultation process will not proceed until development of that parcel is under consideration.  At that time, the agency shall submit to the Department a Detailed Action Report and continue the consultation process as defined in Section 1075.40(c) through (j).

d)         The consultation process shall be initiated or a terminated consultation process shall be reopened by the Department or the agency if:  

1)         New information reveals effects of the identified action that may adversely affect a listed species or its essential habitat or a Natural Area in a manner not previously considered; or

2)         The proposed action is subsequently modified such that it may adversely affect a listed species or its essential habitat or a Natural Area in a manner which was not considered in the consultation process; or

3)         Additional listed species or their essential habitat or Natural Areas are identified within the vicinity of the action.

(Source:  Amended at 19 Ill. Reg. 594, effective January 9, 1995)