CANADIAN NATIONAL SOUND MITIGATION PROGRAM

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1 2 LAGOON DRIVE - HAWTHORN WOODS, ILLINOIS (847) FAX CANADIAN NATIONAL SOUND MITIGATION PROGRAM Mitigation Agreement In 2009, the Village Board approved a memorandum of agreement with Canadian National to help offset the issues presented by the increased train traffic, and therefore noise, associated with CN s purchase of the EJ&E railroad. As part of that agreement, the Village was to create a noise mitigation program for residents impacted by the purchase. Under this program, certain homes are eligible for monetary reimbursement for the cost of installing sound mitigation or attenuating devices based on their locations within a noise contour. For a residential dwelling unit to be considered for inclusion in the Village of Hawthorn Woods program, it currently must be at least partially located within the 65 dba* noise contour (* decibel above reference noise). Noise Contour The noise contour map is derived from the federal Surface Transportation Board s (STB) final Environmental Impact Statement (EIS). The STB performed an assessment of noise mitigation cost-effectiveness using criteria that the Illinois Department of Transportation uses to assess highway noise mitigation measures. It evaluated over 90 locations to determine if cost-effective noise barriers could potentially be constructed in areas adjacent to the EJ&E. Appendix A of this final EIS presents the results of the assessment. Figures in Appendix A.8 show the locations where noise mitigation measures were evaluated. Through this final EIS, the areas where noise mitigation measures have been determined to be cost-effective and should be given priority consideration by the Applicants Canadian National as they execute their voluntary noise mitigation measures. (Final Environmental Impact Statement, December 2008 CN Control EJ&E, page 2-110). The STB determined that noise mitigation barriers are not a cost-effective option in Hawthorn Woods.

2 Eligible Properties Residential dwelling units that are entirely or partially located within the 65 dba noise contour are eligible for reimbursement for the installation of landscaping berms, vegetation shields, or other sound-attenuating materials or devices. Reimbursement is limited to $4, per property. This is determined by dividing the total funds available ($300,000) by the number of eligible homes (64). Eligible Expenses Landscaping: The addition of sound-attenuating landscaping is an eligible expense, pending engineering review by Village staff and Canadian National to ensure that overland drainage is not negatively impacted or the vegetation does not pose an operational or safety hazard to Canadian National. Ongoing maintenance of the landscaping berms, vegetation shields, or other sound-attenuating materials or devices is the responsibility of the homeowner. Failure to maintain berms or vegetation shields may result in property maintenance citations per the Village s property maintenance code. Home Improvement: Because noise enters a home in the same way air enters through cracks and openings in a home s exterior - sound insulating a home may involve merely sealing up the points of air entry and in some cases increasing the mass through which noise must travel. Some ways to do this are through replacing windows, replacing doors, weather-stripping, modifying walls or ceilings, insulating, or modifying the vents/hvac system. While these are all eligible expenses, this list of mitigation options is not meant to be all inclusive, and other options may be available, pending review by Village staff and Canadian National. Permits and Fees: Residents may use part of their allocation in the program to cover the cost of required permit and inspection fees that may be required by the Village. In addition, for projects that do not require an inspection under Village Code, the Village may charge a $40 inspection fee to ensure that the project meets the program s stated goals prior to issuance of reimbursement. Current Improvements: Property owners will only be eligible for reimbursement for noise mitigation remedies put in place during the program term, June 1, 2011 to May 31, Any mitigation efforts prior to the program start date would be at the homeowner s expense. Reimbursement Process 1. The property owner must complete an Application to Participate in the Noise Mitigation Reimbursement Program. Village staff and, if applicable, Canadian National will review the request and provide a written response. Responses may include rejection of the proposal, approval of the proposal or questions/commentary. For example, should the proposal be a landscaping berm with vegetation, the staff review may indicate that the berm would disrupt overland drainage and Canadian

3 National s review may indicate that the vegetation poses a safety risk to rail operations. In this instance the applicant will be provided feedback with the opportunity to modify their submission. 2. Upon approval of the request to participate, the applicant may begin the work. It is the applicant s responsibility to ensure that all required permits are obtained and that the work meets all laws, including applicable building, property maintenance and Stormwater Management code requirements. Note, property owners hiring private contractors should ensure that the contractor will warranty their work and product, as well as provide the proper proof of insurance. Reimbursement for damage due to the fault of a contractor or failure of a product is not an eligible expense under this program. In addition, the Village will not reimburse for time/labor if the installer is the property owner. Under this circumstance, only reimbursements for materials/supplies are eligible. 3. Upon completion of the project, the applicant must submit a Request for Noise Mitigation Reimbursement form. The form must also include a copy of the invoice/bill, a copy of the receipt or check indicating proof of payment, a copy of the final building inspection/final stormwater management inspection reports, and a copy of the sign-off form. The Village has 30 days to issue the reimbursement check from the date that the Village Board approves the bills list for that month, subject to compliance with this paragraph. The Request for Noise Mitigation form must be submitted to the Village on or before May 31, No Request for Noise Mitigation Reimbursement shall be accepted by the Village after May 31, When a property owner has completed their mitigation and received their reimbursement up to the maximum allowed, they are no longer eligible for further reimbursement. Future maintenance of the mitigation measure is the responsibility of the property owner and must comply with all existing laws, including property maintenance, building and Stormwater Management codes. Homes Falling Within the 65 dba Zone Address 1 Washitay Ave. 10 Washitay Ave. 11 Washitay Ave. 12 Washitay Ave. 3 Washitay Ave. 5 Washitay Ave. 6 Washitay Ave. 7 Washitay Ave. 9 Washitay Ave. 8 Washitay Ave. 4 Washitay Ave. 54 Seneca Ave. W. 57 Seneca Ave. W. 59 Seneca Ave. W

4 64 Seneca Ave E. 53 Seneca Ave. W. 62 Seneca Ave. E. 58 Seneca Ave. E. 55 Seneca Ave. E. 60 Seneca Ave. E. 2 Cattail Ct. 46 Squire Rd 44 Squire Rd 49 Squire Rd 47 Squire Rd 43 Squire Rd 41 Squire Rd 37 Squire Rd 35 Squire Rd 42 Squire Rd 40 Squire Rd 38 Squire Rd 33 Squire Rd 36 Squire Rd 22 Foxtail Rd 31 Squire Rd 34 Squire Rd 29 Squire Rd 32 Squire Rd 30 Squire Rd 27 Squire Rd 28 Squire Rd 25 Squire Rd 26 Squire Rd 24 Squire Rd 22 Squire Rd 20 Squire Rd 18 Squire Rd 110 Glen Rd 14 Squire Rd 23 Squire Rd 21 Squire Rd 19 Squire Rd 17 Squire Rd 15 Squire Rd 100 Midlothian Rd 195 Midlothian Rd N Old McHenry Rd N Old McHenry Rd N Old McHenry Rd N Old McHenry Rd N Old McHenry Rd N Old McHenry Rd N Old McHenry Rd.

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