US Army Corps of Engineers
Walla Walla District

Public Notices

NWW-2007-001218

Published Nov. 28, 2018
Expiration date: 12/28/2018

Interested parties are hereby notified that the Walla Walla District has received an application for a Department of the Army permit for certain work in Waters of the United States, including wetlands, as described below in the attached documents:

 

APPLICANT:  Martin Quill, Trestle Creek Investments, LLC

 

AGENT:  Martin Taylor, James A. Sewell and Associates, LLC

 

U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER:  Shane P. Slate, (208) 433-4474, shane.p.slate@usace.army.mil  

PURPOSE:  The excavation and discharge of fill material and the installation of dock and breakwater structures to improve lake access and safe boat moorage for the adjacent residential development.

 

WATERWAY:  Lake Pend Oreille and Trestle Creek

 

LOCATION:  The proposed project would be located on Lake Pend Oreille, within Sections 16, 17, and 21, of Township 57 North, Range 1 East, near latitude 48.283458º N and longitude -16.353176º W, and latitude 48.278333º N and longitude -116.350826º W, in Bonner County, near Hope, Idaho.  

DRIVING DIRECTIONS:  From Sandpoint, head east on Highway 200 to North Park Road to access the Northern Dock Area, turn on Idaho Country Road to access the Southern Dock Area.

 

AUTHORITY:  This permit will be issued or denied under the authority of Section 404 of the Clean Water Act (33 U.S.C. 1344).  A Department of the Army permit is required for the discharge of dredged or fill material into waters of the United States, including wetlands.

This permit will be issued or denied under the authority of Section 10 of the Rivers & Harbors Act of 1899 (33 U.S.C. 403).  A Department of the Army permit is required for work or structures waterward of the ordinary high water mark located in or over navigable waters of the United States, including the excavation, dredging or deposition of material in navigable waters, or any alteration obstructing or affecting the course, location, condition, or capacity of the navigable waterway.

 

WORK:  Construction of the Idaho Club Trestle Creek Marina project.  The project was previously authorized on May 27, 2009 under DA Permit number NWW-2007-001218; extended on March 14, 2012 with the time limit for completing work under the previous permit expiring on March 15, 2017.  No construction occurred under the original permit.  No changes to the project designs from the previous permit are proposed.

The proposed project would involve the permanent discharge of 8,500 cubic yards of native material, 404 cubic yards of rock, 38 cubic yards of concrete, and the temporary discharge of 33 cubic yards of rock (equipment access road), into Lake Pend Oreille and Trestle Creek, associated with the modification and upgrading of an existing marina, comprised of two dock areas.  The project also proposes to reconnect the North Fork Trestle Creek with its historical confluence to Trestle Creek.

 

  • In the north dock area: 1080 cubic yards of native material will be excavated below the ordinary high water mark of Lake Pend Oreille to remove a small upland island, creating an additional open water area of approximately 1.10 acres, and establishing a generally uniform boat basin depth of 2,055.5 feet.  A total of 14,000 cubic yards of material will be excavated to remove the entire upland island as shown on drawing sheet 4 of 21.  Approximately 8,500 cubic yards of this material will then be discharged into a 0.88 acre backwater area of the lake, creating uplands and a new shoreline.  The new shoreline will be vegetated with native plantings.  An existing boat ramp will also be removed and replaced by a new 20-foot by 100-foot long concrete boat ramp.  A new dock system consisting of 105 boat slips will be constructed within the newly reconfigured marina area.

  • In the south dock area: rebuild an existing 8- by 100-foot breakwater and replace the existing dock system with a new dock system consisting of 19 slips.  The shoreline in the south dock area will be stabilized using rock riprap.

  • The total dock and walkway area for both the North and South areas will total 20,158 square feet of decked area over Lake Pend Oreille. he North Fork of Trestle Creek will be returned to its original confluence with the main stem of Trestle Creek as part of a stream restoration plan aimed at providing fish passage during all flow stages of the Trestle Creek system.  The restoration will increase aquatic habitat diversity by restoring in-channel pools, reestablish floodplain vegetation, and re-establish fish passage and fluvial connectivity

The applicant proposes the following measures to minimize impacts to Waters of the United States:

 

  • All excavation and fill work will be performed under dry conditions during the drawdown period for Lake Pend Oreille to reduce the possibility of turbidity impacts to the lake.
  • A vegetation restoration plan will be implemented and monitored for the reconstructed shoreline of Lake Pend Oreille and the riparian areas of Trestle Creek, within the project area.
  • Dock structures shall utilize light penetrative decking to reduce shading impacts from the dock system.

CONSTRUCTION PERIOD:  Applicant proposes to perform construction during the fall/winter drawdown period of Lake Pend Oreille.  The permit would authorize construction for a period of three (3) years.

 

OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT:  The marina expansion was previously authorized under DA Permit No. NWW-2007-001218, issued May 27, 2009.  The time limit for completing the work authorized by the permit was extended on March 14, 2012 and ended on March 15, 2017.

 

WATER QUALITY CERTIFICATION:  This notice will also serve as a Public Notice that the Idaho Department of Environmental Quality (IDEQ) is evaluating whether to certify that the discharge of dredge and/or fill material proposed for this project will not violate existing water quality standards.  A Department of the Army permit will not be issued until water quality certification has been issued or waived by the IDEQ, as required by Section 401 of the Clean Water Act.  If water quality certification is not issued, waived or denied within sixty (60) days of this public notice date, and an extension of this period is not requested by and granted to the IDEQ, certification will be considered waived.  Additionally, within thirty (30) days of this Public Notice, any person may provide written comments to IDEQ and request in writing that IDEQ provide them notice of their preliminary 401 Certification decision.  Comments concerning Water Quality Certification for this project should be mailed to:  Idaho Department of Environmental Quality, Coeur d’Alene Regional Office, 2110 Ironwood Parkway, Coeur d’Alene, Idaho 83814.

 

AQUATIC RESOURCE DESCRIPTION:  Lake Pend Oreille and the Pend Oreille River comprise one of the largest water bodies in the state of Idaho.  It is a natural lake that has been enlarged by the construction of the Albeni Falls Dam near Oldtown, ID, a multi-purpose project on the Pend Oreille River operated by the Corps of Engineers.  It covers an area exceeding 90,000 acres of water and has a shoreline of 226 miles.  The Albeni Falls Project is operated to maintain a water surface elevation of 2062.5 feet NGVD during summer recreation season and can be drawn down to 2051 feet NGVD during the winter.  There are several communities around the lake including Hope, East Hope, Bayview, Laclede, Priest River, Dover and Sandpoint.  Most of the riparian lands along the lake and river are privately owned.  However, there are substantial areas in the southern portion of Lake Pend Oreille under federal ownership.  Residences and summer cabins are common along much of the waterfront properties along the lake and river.

 

CULTURAL RESOURCES:  Coordination is currently being conducted with the office of the Idaho State Historic Preservation Officer to determine if this activity will affect a site that is listed on the National Register of Historic Places, or a site that may be eligible for listing on the Register.  We are also coordinating with the appropriate Tribal entity or the Tribal Historic Preservation Offices for the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Kalispel Tribe of Indians, and the Kootenai Tribe of Idaho Tribes, to determine if there are any tribal historic or cultural interests within the project area. 

 

TRIBAL TREATY RIGHTS AND INTERESTS:  Federal agencies acknowledge the federal trust responsibility arising from treaties, statues, executive orders and the historical relations between the United States and American Indian Tribes.  The federal government has a unique trust relationship with federally recognized American Indian Tribes, including the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Kalispel Tribe of Indians, and the Kootenai Tribe of Idaho.  The Corps has a responsibility and obligation to consider and consult on potential effects to Tribal rights, uses and interests.  The Corps further recognizes there may be a need for additional and on-going consultation. 

 

ENDANGERED SPECIES:  The project is within the known or historic range of bull trout and their critical habitat.  Coordination is currently being conducted with the U.S. Fish and Wildlife Service (USFWS) to determine if the activity will have any effect on species designated as endangered or threatened under the Endangered Species Act, or their critical habitat, under the Endangered Species Act of 1973 (87 Stat. 844). 

 

ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the National Marine Fisheries Service on all actions or proposed actions, permitted, funded or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH).  No EFH species are known to use the project area.  Preliminarily, we have determined the described activity would have no effect on EFH.

 

ENVIRONMENTAL IMPACT STATEMENT:  Preliminary review indicates the proposed activities will not require preparation of an Environmental Impact Statement.  Comments provided will be considered in preparation of an Environmental Assessment. 

 

EVALUATION:  The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest.  This decision will reflect the national concern for both protection and utilization of important resources.  The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and in general, the needs and welfare of the people.  In addition, our evaluation will include application of the EPA Guidelines (40 CFR 230) as required by Section 404(b)(1) of the Clean Water Act. 

 

CONSIDERATION OF PUBLIC COMMENTS:  The Corps of Engineers is soliciting comments from the general public; Federal, State and local agencies and officials, Tribal entities and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

 

PUBLIC HEARING:  Any person may request in writing, within the comment period specified in this notice, that a public hearing be held to consider this proposed activity.  Requests for a public hearing shall state specific reasons for holding a public hearing.  A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served.

 

COMMENT & REVIEW PERIOD:  Interested parties are invited to provide comments on the proposed activity, which will become a part of the record and will be considered in the final decision.  Please mail all comments to:

 

                                                                                                   U.S. Army Corps of Engineers

                                                                                                   Walla Walla District

                                                                                                   Attn: Shane Slate

                                                                                                   Coeur d'Alene Regulatory Office

                                                                                                       1910 Northwest Boulevard, Suite 210

                                                                                                       Coeur d'Alene, Idaho  83814-2676

Or email: shane.p.slate@usace.army.mil

Comments should be received no later than the comment due date of December 28, 2018, as indicated on this notice, to receive consideration. 

 

Kelly J. Urbanek

Chief, Regulatory Division

Walla Walla District            

 

 

 

                                          

                             


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