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: Idaho Power Company, Inc. 1221 West Idaho, Boise, Idaho 83702
U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: Carolyn Smith, Boise Regulatory Office, 720 E. Park Boulevard, Suite 245, Boise, Idaho 83712, (208) 433-4497; Carolyn.D.Smith@usace.army.mil
PURPOSE: To stabilize the shoreline of the Black Sands Resort on CJ Strike Reservoir.
WATERWAY: CJ Strike Reservoir and adjacent wetlands.
LOCATION: The proposed project would be located near 28114 Black Sands Road, within Section 3 of Township 6 South, Range 4 East, near coordinates 42.936º N latitude and -115.964º W longitude, in Grand View, Owyhee County, Idaho.
DRIVING DIRECTIONS: From Boise, Idaho, take I-84 E/US-20E toward Mountain Home for 19.6 miles. Take Exit 74 for Simco Road and turn right onto Simco Road for 20 miles. Turn right onto ID-167 for 0.6 miles. Turn left onto Strike Dam Cut-Off Road/S Weststrike Dam Road and continue for 8 miles. Turn left onto Black sands Road. After 1.1 miles turn left and you will have arrived.
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 project proposes to discharge approximately 2,700 cubic yards (cy) of fill material into CJ Strike Reservoir and adjacent wetlands to stabilize the shoreline at the Black Sands Resort. A combined total of approximately 1,050 linear feet of ultrablock retaining wall and 845 linear feet of riprap revetment would be installed between two locations. The retaining wall height ranges from approximately 3.8 – 6.3 feet, while the riprap revetment height ranges from approximately 4.1 – 7.1 feet. The project would be constructed in 2 phases beginning in 2024 and completed by 2026.
The extent of work proposed would permanently impact 0.75 acres below the ordinary high water mark of CJ Strike Reservoir, and 0.36 acres of adjacent wetlands, for a total of 1.11 acres of aquatic resources.
The Bureau of Land Management (BLM) owns and operates C.J. Strike Reservoir; however, the Black Sands Resort and Campground is leased to a third party. Under the Idaho Power Company’s (IPC) Federal Energy Regulatory Commission (FERC) license for the hydropower generating facility at the C.J. Strike Hydroelectric Project (FERC No. 2055), and in compliance with the C.J. Strike Land Management Plan dated March 29, 2006, the IPC has a responsibility for shoreline protection on C.J. Strike Reservoir. IPC and the Bureau of Land Management (BLM) have proposed this work after collaboratively assessing the existing shoreline condition. This assessment included a comparison of aerial imagery of the site between 1998 and 2022, which revealed the southwest shoreline in the project area has eroded approximately 60-70 feet from 1998 to 2022, while the shoreline north of the RV area has ranged between 30-40 feet from 2004 to 2022.
CONSTRUCTION PERIOD: Applicant proposes to start construction during November 2024 and estimates to complete work by December 2026. The permit would authorize construction for a period of three years.
PROPOSED MITIGATION: To offset unavoidable impacts to existing scrub-shrub wetlands, the IPC plans to introduce locally sourced willow cuttings, strategically planting them from the toe of the proposed riprap and extending into the reservoir area. Site conditions will determine the specific planting ranges, which would generally be between 3 to 10 feet. To offset unavoidable impacts to existing emergent wetlands, the IPC plans to enhance the shoreline with wetland grasses wherever feasible. The IPC believes that the proposed project will replace and enhance wetland habitat conditions in the project area post implementation.
OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT:
Other permits issued to Idaho Power associated with CJ Strike Reservoir include the following:
- NWW-2007-01149 – Department of the Army Individual Permit issued on April 2, 2008, to upgrade recreational facilities at the North Park recreation site.
- NWW-2007-01150 – Department of the Army Individual Permit issued on April 18, 2008, to upgrade the Cottonwood and Narrows recreation sites.
- NWW-2008-00673 – Nationwide Permit No. 13: Bank Stabilization issued on September 8, 2008, to stabilize two segments of eroded bank along Jacks Creek Road.
- NWW-2009-00637 – Nationwide Permit No. 3: Maintenance issued on October 13, 2009, to repair deteriorating concrete on the face of the existing service spill way at the CJ Strike Hydroelectric Project.
- NWW-2013-00376 – Nationwide Permit No. 13: Bank Stabilization issued on August 30, 2013, to repair 220 linear feet of eroding bank near Scout Park.
- NWW-2015-00016 – Nationwide Permit No. 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities issued on January 22, 2015, to remove accumulated sediment impacting habitat value and functionality, and improve sediment retention from agricultural runoff within a wildlife management area.
- NWW-2016-00080 – Nationwide Permit No. 3: Maintenance issued on March 17, 2016, to remove accumulated sediments from the launch way of the Locust Park Boat Ramp and armor the section to prevent erosion from boat prop wash.
- NWW-2019-00200 – Nationwide Permit No. 3: Maintenance issued on April 17, 2019, for shoreline stabilization near the existing CJ Strike Dam Spillway.
- NWW-2020-00395 – Nationwide Permit No. 3: Maintenance issued on September 9, 2020, to stabilize the bank near Scout Park located at the toe of the existing CJ Strike Dam.
- NWW-2023-00386 – Nationwide Permit No. 3: Maintenance issued on October 10, 2023, to repair and stabilize undercutting of an existing retaining wall.
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 a request for certification, 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:
IDEQ – Boise Office
1445 North Orchard Street
Boise, Idaho 83706
or emailed to the State Office at: certificationrequests@deq.idaho.gov
SECTION 401 (A)(2) NEIGHBORING JURISDICTION: Per 33 CFR 325(b)(1)(i), this public notice serves as notification to the Environmental Protection Agency that the Corps will provide a copy of IDEQ’s water quality certification, if issued, initiating EPA’s 30-day review period under Section 401(a)(2).
AQUATIC RESOURCE DESCRIPTION: CJ Strike Reservoir is an approximately 7,500-acre impoundment of the Snake and Bruneau Rivers and is located in southwestern Idaho. CJ Strike Reservoir is a popular recreation destination subject to motorized and non-motorized boating, fishing, camping, and other water-based recreational activities.
The project area is located within lands managed by the Bureau of Land Management (BLM) within a privately owned and operated resort permitted by the BLM. The proposed project is also within the boundary of the CJ Strike Hydroelectric Project which is operated by the IPC under a federal license issued by the FERC (Project No. 2055).
ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: The proposed project would impact a total of 0.36 acres of wetlands (0.28-acres of Palustrine Emergent Wetlands, and 0.08-acres of Palustrine Scrub-Shrub Wetlands).
The proposed project would also impact a total of 0.75 acres of the Reservoir below the ordinary high water mark.
CULTURAL RESOURCES: The applicant has submitted a cultural resource survey for the proposed bank stabilization work, dated March 26, 2024, prepared by Idaho Power. Coordination is currently being conducted with the office of the Idaho State Historic Preservation Office (SHPO) to determine if this activity will affect a site that is listed on the National Register of Historic Places (NHRP), 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 (THPO) for the Shoshone Bannock Tribes, Shoshone Paiute 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, Shoshone Paiute 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 the Snake River Physa Snail (Physella natricina). 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 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 email all comments to:
U.S. Army Corps of Engineers
Walla Walla District
Boise Regulatory Office
Attn: Carolyn Smith
720 E Park Boulevard, Suite 245
Boise, Idaho 83712
Carolyn.D.Smith@usace.army.mil
Comments should be received no later than the comment due date of June 12, 2024, as indicated on this notice, to receive consideration.