Background: An RGP is a type of general Department of the Army permit issued on a regional basis to authorize a category or categories of activities that are substantially similar in nature and cause only minimal individual and cumulative environmental impacts. RGP-27 would facilitate the authorization of the following non-commercial activities, provided they meet the required terms and conditions. Separate approval for these activities may be required from the Idaho Department of Lands and/or the Idaho Department of Water Resources.
- Piers and floating docks
- Marine launching rails
- Mooring piles
- Portable boat-lift stations
- Small diameter waterline in-takes
- Mooring buoys
A general permit may be valid for no more than five years. An RGP authorizing mooring buoys, floats, piers, water withdrawal systems, marine launching rails, mooring piles, and portable boat-lift stations in Lake Pend Oreille was issued by the Corps in 1981. The RGP was reissued as RGP-27 in 1986. RGP-27 has been reissued every 5 years since then, following a public interest review, including opportunity for public comment. The current RGP-27 expires on May 7, 2025, and is available for review on the Corps’ website (https://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Joint-Application-for-Permit/). The Corps estimates a reissued RGP-27 would authorize up to 500 projects over the five-year term of the RGP.
PURPOSE: The purpose of this RGP is to streamline and expedite the authorization process, eliminating duplicative reviews for certain activities (piers and floating docks, marine launching rails, mooring piles, portable boat lift stations, small diameter water intakes, mooring buoys) in Navigable Waters of the United States within the geographic area identified below while protecting the environment. This RGP contains provisions intended to protect the environment, endangered species, historic properties, and to ensure activities authorized by this RGP would be substantially similar in nature and cause no more than minimal individual and cumulative adverse environmental effects. Work that will not comply with these provisions is not authorized by this RGP and may require Department of the Army authorization by an individual permit. Moreover, compliance with the provisions of this RGP does not itself guarantee that the work would be authorized under this RGP.
LOCATION: The proposed project would be located in areas of Lake Pend Oreille, Pend Oreille River and their tributaries that are inundated by the summer pool elevation of 2062.5 feet, NGV Datum, in Bonner and Kootenai counties, Idaho. This area includes all navigable waters of the United States located upstream of the Albeni Falls Dam. Certain geographic areas within these waters are excluded from RGP-27 and are described in the body of the permit along with a map depicting their location.
AUTHORITY: The Corps proposes to reissue RGP-27, with modifications, in accordance with 33 CFR § 325.2(e)(2), to authorize certain activities in or affecting waters of the United States, including navigable waters of the United States, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 USC § 403) and Section 404 of the Clean Water Act (33 USC § 1344).
ADDITIONAL INFORMATION: The Corps’ provisional determination that the proposed activities comply with the requirements for issuance of a general permit is available from the Corps. The enclosed draft RGP 27 would require prospective permittees to submit pre-construction notification to the Corps and the prospective permittee shall not begin the activity until notified in writing by the Corps that the activity may proceed under the RGP with any project-specific special conditions imposed by the Corps.
PROPOSED MITIGATION: Compensatory mitigation would not be required for activities authorized by this RGP since these activities must cause only minimal individual and cumulative environmental impacts.
WATER QUALITY CERTIFICATION: This notice will also serve as public notice that Idaho Department of Environmental Quality will evaluate whether to certify that the discharges of dredged and fill material proposed for the RGP-27 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 State of Idaho, as required by Section 401 of the Clean Water Act. If water quality certification is not issued, waived or denied within 90 days of this public notice date, and an extension of this period is not granted to the Idaho Department of Environmental Quality, certification will be considered waived. Comments concerning certification for this regional permit should be mailed to Mr. Robert Steed, Idaho Department of Environmental Quality, 2110 Ironwood Parkway, Coeur d’Alene, ID 83814.
CLEAN WATER ACT SECION 404(b)(1) GUIDELINES: The discharges that would be authorized by this RGP will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The Section 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States.
CULTURAL RESOURCES: Coordination is currently being conducted with the office of the Idaho State Historic Preservation Officer (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 Tribal Historic Preservation Offices (THPO) for the Kalispel Indian Community of the Kalispel Reservation, Kootenai Tribe of Idaho, Coeur D' Alene Tribe, Spokane Tribe of the Spokane Reservation, and the Confederated Salish and Kootenai Tribes of the Flathead 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 Kalispel Indian Community of the Kalispel Reservation, Kootenai Tribe of Idaho, Coeur D' Alene Tribe, Spokane Tribe of the Spokane Reservation, and the Confederated Salish and Kootenai Tribes of the Flathead 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: The project is within the known or historic range of bull trout (Salvelinus confluentus). Coordination was conducted with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to determine if this activity will have any affect 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). On February 6, 2025, the US Fish and Wildlife Service issued the Final Biological Opinion for Regional Permit 27 for Lake Pend Oreille and the Pend Oreille River. NMFS has no proposed or listed species or proposed or designated critical habitat within the RGP-27 permit area.
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 re-issue RGP-27 with modifications 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:
cenww-rgp-27@usace.army.mil
Please mail all comments to:
U.S. Army Corps of Engineers
Walla Walla District
Coeur d’Alene Regulatory Office
1910 Northwest Blvd., Suite 210
Coeur d’Alene, ID 83814
Comments should be received no later than the comment due date of March 20, 2025, as indicated on this notice, to receive consideration.