NWW-2019-00222: Bear Lake County, East Shore Marina Maintenance

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:

• NWW-2019-00222, East Shore Marina Maintenance Exhibit, Sheets 1 through 6.

APPLICANT:  

Ms. Krista Klein

Bear Lake Sands, LLC                                                       

P.O. Box 2013

Laketown, Utah 84038                                                       

U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: 

Megan Biljan

megan.biljan@usace.army.mil

(208) 433-4469

PURPOSE:  The East Shore Marina was originally constructed in 1977 and is in need of maintenance due to erosion and silt accumulation.  The project proposes to repair two existing breakwater arms; dredge accumulated silts and sediments from the bottom of the marina to allow safe watercraft access to and from Bear Lake in low lake level conditions; and install new boat slips and utility lines within the existing marina footprint.

WATERWAY:  Bear Lake

LOCATION:  The proposed project would be located on Bear Lake within Section 12, Township 16 South, Range 44 East, near latitude 42.057674º N and longitude – 111.255463º W, in Bear Lake County, near St. Charles, Idaho.

DRIVING DIRECTIONS:  From Montpelier, Idaho head south on US-30 E/4^th Street toward Clay Street.  Turn right on Dingle Road and continue south on Merkley Lake Road to 37000 East Shore Road.

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 (DA) permit is also required for work or structures waterward of the ordinary high water mark located in or over navigable waters of the U.S., 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: Work as proposed includes dredging the bed of the marina footprint, including some distance lake ward of the marina inlet/outlet, and the replacement or reposition of existing rock riprap along the constructed breakwater arms to halt further erosion and sedimentation into the lake.  Additional work includes the removal of an existing degraded 20-slip dock to facilitate the installation of up to six (6) docks with slips (168 boat capacity) and the installation of sewer, water and fuel utilities.  The proposed action includes:

1. Retrieve or replace rock rip rap material on two breakwater arms that has dislodged into the lake.  New material will consist of 6" to 48" angular rock.  Total linear distance of the breakwater arms is 320 linear feet on the south arm and 240 linear feet on the north arm.  Approximately 60% of the length of each arm is in need of some repair.
2. Dredge the bed of the marina, while dry, with an excavator to as low as 5,905 feet, as necessary, to ensure watercraft access in low lake level conditions.  This number is based on a three foot minimum draft for water craft, and a three year trailing average of the lowest levels in Bear Lake over the past 100 years.  The marina floor has accumulated approximately one foot of material since its original construction in 1977.  Dredging will only be done where necessary, based on the lake level.  Removed sediment will be dried and stored on private property adjacent to the marina, above the lake bed and ordinary high water mark and not in wetlands.  Dredged material is anticipated to consist of approximately 35% silt, 55% sand, and 10% gravel.
3. Remove an existing 20-slip dock and install up to six new docks, providing a total of 168 slips, and installing piles into the lake bed for structural support of the docks.  These docks will be installed in phases to match supply with demand. 
4. Install sewer and water services as well as fuel pumps to service watercraft.  All services will be installed above the ordinary high water mark of Bear Lake and no fuel pumps or storage tanks will be installed on docks or over water. 

ADDITIONAL INFORMATION:  During dredging of the marina, the inlet/outlet of the marina will be temporarily dammed by the installation of a cofferdam, to prevent flow of higher nutrient material that has accumulated in the marina from flowing into the lake.  Whenever possible, the riprap will be restored as close as possible to its original installation location on the breakwater arms.  All earth moving equipment will be inspected for oil or fuel leaks prior to construction and periodically during the project.  Any leaks will be repaired before the equipment is used within the lake area.  All piles and floating docks shall be free of toxic or polluting substances.

CONSTRUCTION PERIOD:  Applicant proposes to start construction during lake level draw down and lowest lake levels, and continue through May 30, 2020.  Dredging operations will not be undertaken during fish spawning season from October 1 through December 1.  The permit would authorize construction for a period of 2 years.

OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT:  The marina was originally authorized by the U.S. Army Corps of Engineers Sacramento District on March 10, 1977 under DA Permit No. 5913.  A Nationwide Permit was subsequently issued by the Walla Walla District on November 20, 1991 under DA Permit No. 071-OYC-1-002953 for maintenance work to the breakwater arms.

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 fill material proposed for this project will not violate existing water quality standards.  A DA 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 as requested 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

Pocatello Regional Office

444 Hospital Way # 300

Pocatello, Idaho 83201

AQUATIC RESOURCE DESCRIPTION:  The proposed project takes place on Bear Lake, a natural lacustrine body of water that is split between both the State of Idaho and the State of Utah.  The primary use of Bear Lake within the State of Idaho is recreation and irrigation storage for the Bear Valley region.  The lake’s water level is controlled via the Stewart Dam at the northern end of lake near where water is pumped out by the Lifton pumping station through the Bear Lake Outlet Canal and into the Bear River.  When full, the surface area of Bear Lake is about 140 square miles, and the maximum depth exceeds 200 feet.  The land surrounding the lake includes agricultural lands, developed and undeveloped private lands, and federal and state lands including the Bear Lake National Wildlife Refuge and Bear Lake State Park in Idaho.

ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT:  The proposed project would impact 3.3 acres of lakebed through dredging, and permanently fill 560 linear feet of the existing breakwater arms.  Additionally, a temporary dam will be constructed at the inlet/outlet of the marina and will be removed after dredging has completed.

OTHER AUTHORIZATIONS:  The proposed project will require approval from the Idaho Department of Lands.

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 Shoshone-Bannock Tribes of the Fort Hall Reservation, 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 Shoshone-Bannock Tribes of the Fort Hall Reservation.  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:  No listed threatened or endangered species or designated critical habitats are known to exist in the project area.  Coordination is currently being conducted with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS/NOAA Fisheries Service) 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

Regulatory Division

Attn: Megan Biljan

720 East Park Boulevard, Suite 245

Boise, Idaho 83712-7757

Or email comments to:

megan.biljan@usace.army.mil 

Comments should be received no later than the comment due date of January 11, 2020, as indicated on this notice, to receive consideration.

                                                                  Kelly J. Urbanek

                                                                              Chief, Regulatory Division

                                                                              Walla Walla District