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Comments are being solicited on a proposal to re-issue Regional General Permit No. 27 (RGP-27) ‎with minor changes to authorize certain work in Lake Pend Oreille and the Pend Oreille River within ‎the State of Idaho. The proposed changes add two types of activities to be authorized by this ‎permit. Comments on this proposal may be submitted on or before November 26

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Comments are being solicited on a proposal to re-issue Regional General Permit No. 27 (RGP-27) ‎with minor changes to authorize certain work in Lake Pend Oreille and the Pend Oreille River within ‎the State of Idaho. The proposed changes add two types of activities to be authorized by this ‎permit. Comments on this proposal may be submitted on or before November 26, 2014.‎

Walla Walla District of the U.S. Army Corps of Engineers is soliciting public comment on a proposal to re-issue ‎Regional General Permit-27 (RGP-27) to authorize certain work in Navigable Waters of the United States in ‎Lake Pend Oreille and the Pend Oreille River within the State of Idaho. Comments on this proposal may be ‎submitted on or before November 26, 2014. The proposed regional permit is attached to this notice, and is ‎available on our website at http://www.nww.usace.army.mil/BusinessWithUs/RegulatoryDivision/PublicNotice.

ACTIVITIES – The following non-commercial activities would be authorized under the RGP-27 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 intakes • Mooring buoys

WATERS COVERED BY RGP-27 – 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.‎

REGULATORY AUTHORITY – Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) requires ‎a Department of the Army permit for work or structures waterward of the ordinary high water mark in navigable ‎waters of the United States or that would affect the course, condition, or capacity of the navigable waters. ‎Section 404 of the Clean Water Act (33 CFR 1344) requires a Department of the Army permit for the discharge ‎of dredged or fill material into waters of the United States, including wetlands.‎

BACKGROUND – Regional permits are Department of the Army permits issued on a regional basis for ‎categories of activities that: 1) are substantially similar in nature and cause only minimal individual and ‎cumulative environmental impacts; or 2) would avoid unnecessary duplication of regulatory control exercised by ‎another Federal, state, or local agency.‎

WATER QUALITY CERTIFICATION – This notice will also serve as public notice that Idaho Department ‎of Environmental Quality is evaluating 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 60 ‎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. Barry Burnell, Idaho Department of Environmental Quality, 1410 North ‎Hilton, Boise, Idaho, 83706.‎

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 entities or the Tribal Historic Preservation Offices for the Coeur d’Alene Tribe, Kootenai ‎Tribe of Idaho, Kalispel Tribe of Indians, and the Confederated Salish-Kootenai Tribe 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, statutes, 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 Coeur d’Alene Tribe, Kootenai Tribe of Idaho, Kalispel Tribe ‎of Indians, and the Confederated Salish-Kootenai Tribe. 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 - Coordination is currently being 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.‎

EVALUATION – The decision whether to re-issue a permit will be based on an evaluation of the probable ‎impact, including cumulative impacts, of the proposed activity on the public interest. That 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 230.7) 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 ‎public; Federal, State, and local agencies and officials; Indian Tribes; 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 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.‎

COMMENT AND REVIEW PERIOD - Interested parties are invited to provide their comments on the ‎proposed activity, which will become a part of the record and will be considered in the decision. Comments ‎should be mailed to:‎

U.S. Army Corps of Engineers Walla Walla District ‎ Regulatory Division Duane Mitchell ‎201 North 3rd Avenue‎ Walla Walla, Washington 99362-1876

Or e-mail to: duane.e.mitchell@usace.army.mil

Comments should be received no later than the comments due date of this notice to receive consideration. For ‎further information about the Department of the Army permit program in Walla Walla District, please visit our ‎web page at: http://www.nww.usace.army.mil/BusinessWithUs/RegulatoryDivision.aspx or call Duane Mitchell ‎at 509-527-7156.‎

Kelly J. Urbanek Chief, Regulatory Division

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