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This public notice announces the Walla Walla District Corps of Engineers re-issuance of Regional General Permit 27, which will be used to authorize certain work in navigable waters of the U.S. in Lake Pend Oreille and the Pend Oreille River within the State of Idaho.
PURPOSE OF THIS PUBLIC NOTICE: To announce the re-issuance of a regional general permit, RGP-27, in the State of Idaho.
The Walla Walla District of the U.S. Army Corps of Engineers has evaluated the scope of the described action and has decided 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. The Regional Permit is attached to this notice and is also available on our website at http://www.nww.usace.army.mil/html/offices/op/rf/spn.asp.
ACTIVITIES: The following non-commercial activities would be authorized under the RGP-27 provided they meet the required terms and conditions:
•Piers and floating docks
•Marine launching rails
•Portable boat-lift stations
•Small diameter waterline in-takes
Separate approval for these activities may be required from the State of Idaho Department of Lands and/or the State of Idaho Department of Water Resources.
LOCATION OF 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.
BACKGROUND: The purpose of RGP-27 is to streamline the review of permit applications for a range of non-commercial activities in navigable waters of the United States in Lake Pend Oreille and the Pend Oreille River within the State of Idaho. 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;
2.Would avoid unnecessary duplication of regulatory control exercised by another Federal, state, or local agency.
The Walla Walla District (District) first issued RGP 27 in 1986 and it has been re-issued every 5 years since then. Water withdrawal systems were dropped from the authorized activities in the 2002 reissuance of RGP 27. In August 2007, the District reissued RGP 27 with minor revisions for an interim period of 1 year, through August 30, 2008. The District then reissued RGP 27 for another 5 years effective from March 22, 2010 to March 21, 2015. The current reauthorization includes the addition of mooring buoys and small diameter water intake lines to the list of activities covered.
For further information about the Department of the Army permit program, Walla Walla District, please visit our website at: http://www.nww.usace.army.mil/BusinessWithUs/RegulatoryDivision.aspx or call (509) 527-7150.
FOR THE DISTRICT ENGINEER:
Kelly J. Urbanek
Chief, Regulatory Division