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-2019-565 Joint Application for Permits.pdf
- NWW-2019-565 Plans.pdf
- NWW-2019-565 Compensatory Mitigation Plan.pdf
APPLICANT: Mr. Charles Gaudet, PO Box 788, Victor, Idaho 83455.
AGENT: Ms. Katie Salsbury, Intermountain Aquatics, Inc., 116 Mustang Drive, PO Box 1115, Driggs, Idaho 83422.
U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: James M. Joyner, 900 N Skyline Drive, Suite A, Idaho Falls, Idaho 83402. Telephone: (208) 522-1676. Email: james.m.joyner@usace.army.mil.
PURPOSE: Construction of a home, garage, leachfield and shop; complete an existing driveway to meet Teton County, Idaho road standards; and expand an existing pond.
WATERWAY: Wetlands adjacent to the Teton River
LOCATION: The proposed project would be located in wetlands adjacent to the Teton River at 6860 S 3500 W, within Section 32, Township 4 North, Range 45 East, near latitude 43.624051º N and longitude –111.174047º W, in Teton County, near Victor, Idaho.
DRIVING DIRECTIONS: From Victor, Idaho drive west on 8000 S/Cedron for 3.2 miles. Turn right/north onto S 3500 W and drive 1 mile to the project area on your left.
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.
WORK: The proposed project would involve the discharge of 196 cubic yards of rock fill and 196 cubic yards of dirt fill in 0.24 acres of wetlands adjacent to the Teton River to facilitate the completion of a single residence, garage, shop, leachfield, and driveway. Additionally, an existing pond would be deepened and expanded to improve aquatic functions for waterbirds and wildlife, to provide improved habitat for waterfowl and waterbirds, converting 0.12 acres of wetland to open water. Over the past 25 years a total of 0.47 acres of fill in wetlands has been permitted on the Gaudet parcel for site/residential development; presently, 0.3 acres has been filled for partial building pads and initial access (0.17 acres was not filled). Currently, proposed impacts in wetlands and other waters of the U.S. includes:
- Fill in wetlands for a house, garage, shop, leachfield and remaining driveway – 0.24 acres
- Deepening of an existing pond – 0.11 acres
- Conversion of wetlands to open water to expand an existing pond – 0.12 acres
- Temporary fills associated with staging and access – 0.98 acres
- Enhancement of existing wetlands on the periphery of the pond and at the proposed mitigation site – 0.77 acres
- Partial removal of existing driveway fill and restoration to wetlands – 0.01 acres
ADDITIONAL INFORMATION: The Gaudet parcel is approximately 20-acres in size. A recent wetland delineation performed by the applicant’s agent (Intermountain Aquatics) shows that the entire parcel is either wetland or open water, except those areas previously filled (totaling 0.3 acres). Aquatic resources on the parcel include 18.4 acres of wetland, 1.1 acres of Teton River, and a 0.1 acre pond.
CONSTRUCTION PERIOD: The applicant proposes to start construction on November 1, 2020 and continue through November 30, 2020. The permit would authorize construction for a period of three (3) years.
PROPOSED MITIGATION: The applicant proposes the following mitigation measures to avoid, minimize, and compensate for impacts to Waters of the United States from activities involving discharges of dredged or fill material.
The applicant proposes to provide compensatory mitigation for unavoidable impacts to wetlands and waters of the U.S. by enhancing 0.54 acres of low quality emergent wetland in the southeast corner of the property, to scrub-shrub wetland with aquatic bed. A detailed compensatory mitigation plan was provided by the applicant and is attached to this notice as NWW-2019-565 Compensatory Mitigation Plan.pdf. Included within the plan is a sample Declaration of Covenants and Restrictions to protect wetland functions and values of the mitigation site.
OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT: The Corps previously verified that the applicant was permitted to fill wetlands for residential development in 1998 and 2010 under Nationwide Permit 29 (Residential Development). Of the 0.47 acres of wetlands previously permitted to be filled, 0.3 acres were filled. The currently proposed permanent wetland fills of 0.24 acres, if permitted, would bring cumulative wetland losses on the site to 0.54 acres. Since this would exceed the 0.5 acre loss allowed under NWP 29 the applicant is seeking authorization for the currently proposed work under Standard Permit.
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: Mr. Troy Saffle, Idaho Department of Environmental Quality, Idaho Falls Regional Office, 900 N Skyline Drive, Suite B, Idaho Falls, Idaho 83402.
AQUATIC RESOURCE DESCRIPTION: A wetland comprising 18.4 acres, 1.1 acres of the Teton River, and 0.1 acres of open water pond were identified on the approximately 20 acre parcel. Wetlands are found throughout the property. Wetlands are dominated by wetland herbaceous vegetation with some having a scrub-shrub overstory.
The hydrologic influence within the parcel is a high groundwater table, in conjunction with the Teton River and several ditches.
ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: The applicant proposes to fill approximately 0.24 acres of wetlands in and around existing fills to allow development of a house, garage, shop, leachfield, and driveway. This would result in a complete loss of these wetlands. A pond expansion is also proposed that would deepen the existing 0.11 acre pond and convert approximately 0.12 acres of wetlands to open water. As compensatory mitigation for these impacts the applicant proposes to enhance 0.54 acres of low quality emergent wetlands in the southeast corner of the property. 0.24 acres of wetlands on the fringe of the expanded pond would also be enhanced but is not specifically part of the compensatory mitigation plan. 0.01 acres of existing driveway fill would be removed and the area restored as wetland.
OTHER AUTHORIZATIONS: A National Pollutant Discharge Elimination System (NPDES) Construction General Permit may be required under Section 402 of the Clean Water Act.
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, 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. 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 Ute Ladies’-tresses (Spiranthes diluvialis), which is currently listed as Threatened by the U.S. Fish and Wildlife Service (USFWS) and North American Wolverine (Gulo gulo luscus), which is proposed to be listed as Threatened by the USFWS. Coordination is currently being conducted with the 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). Designated EFH does not occur in 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
James M. Joyner
Idaho Falls Regulatory Office
900 N Skyline Drive, Suite A
Idaho Falls, Idaho 83402-1700
James.m.joyner@usace.army.mil
Comments should be received no later than the comment due date of April 1, 2020, as indicated on this notice, to receive consideration.