Walla Walla District

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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

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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. The purpose of the proposed project is to construct a more stable river bottom for swimmers at the Dover City Park, Dover, Idaho.

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 and shown on the attached drawings, entitled; City of Dover, Pea Gravel Beach Area, ‎Sheets 1 through 5.‎

APPLICANT: City of Dover, PO Box 115, Dover, Idaho 83824. Phone: 208-263-4720

U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: Mr. Shane Slate, U.S. Army Corps of Engineers, ‎Coeur d’Alene Regulatory Office, 1910 Northwest Boulevard, Suite 210, Coeur d’Alene, ID 83814. ‎Phone: 208-433-4474. Email: shane.p.slate@usace.army.mil

PURPOSE: Discharge of fill material for the construction of a beach area for the City of Dover.‎

WATERWAY: Pend Oreille River

LOCATION: The proposed project would be located on the Pend Oreille River, at Dover City Park, at ‎‎699 Lakeshore Avenue, within Section 31, Township 57 North, Range 2 West, near latitude 48.24614º N ‎and longitude –116.61816º W, in Bonner County, in Dover, Idaho. ‎

DRIVING DIRECTIONS: From Highway 2, turn South on Roosevelt to Dover Bay Parkway, turn west on ‎Lakeshore Avenue and proceed to the Dover City Park. ‎

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. ‎

This permit will be issued or denied under the authority of Section 10 of the Rivers & Harbors Act of ‎‎1899 (33 U.S.C. 403). A Department of the Army permit is required for work or structures waterward ‎of the ordinary high water mark located in or over navigable waters of the United States, including the ‎excavation, dredging or deposition of material in navigable waters, or any alteration obstructing or ‎affecting the course, location, condition, or capacity of the navigable waterway.‎

WORK: Discharge 333 cubic yards of washed pea gravel into 0.41 acres of the Pend Oreille River ‎associated with creating a more stable river bottom for swimmers at Dover City Park. The project ‎would create a pea gravel pad on the riverbed along 600 feet of the shoreline that would extend 30 ‎feet out into the water during summer pool, and be 6 inches thick. ‎

CONSTRUCTION PERIOD: Applicant proposes to start construction during winter/fall of 2015/2016, ‎during the drawdown period for the Pend Oreille River. The permit would authorize construction for a ‎period of three 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. ‎ Applicant proposes to perform all work during the drawdown period for the Pend Oreille River to ‎reduce the possibility of turbidity impacts to the river and allow the work to be conducted under ‎dry conditions. Further, washed pea gravel will be utilized to create the beach area, rather than ‎sand, to reduce initial turbidity impacts and reduce the needed for future maintenance due to the ‎possibility of the sand fill migrating out into the river.‎


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 as 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: Idaho ‎Department of Environmental Quality, Coeur d’Alene Regional Office, 2110 Ironwood Parkway, Coeur ‎d’Alene, Idaho 83814, ‎

AQUATIC RESOURCE DESCRIPTION: Lake Pend Oreille and the Pend Oreille River are one of the largest ‎water bodies in the state of Idaho. It is a natural lake that has been enlarged by the construction of the ‎Albeni Falls Dam, near Oldtown, ID, a multi-purpose project on the Pend Oreille operated by the Corps ‎of Engineers. It covers an area exceeding 90,000 acres of water and has a shoreline of 226 miles. The ‎Albeni Falls Project is operated to maintain a water surface elevation of 2062.5 feet NGVD during ‎summer recreation season and can be drawn down to 2051 feet NGVD during the winter. There are ‎several communities around the lake including Hope, East Hope, Bayview, Laclede, Priest River, Dover, ‎and Sandpoint. Most of the riparian lands along the lake and river are privately owned. However, ‎there are substantial areas in the southern portion of Lake Pend Oreille under federal ownership. ‎Residences and summer cabins are common along much of the waterfront properties along the lake ‎and river. Population growth in North Idaho has steadily increased over the last 15 years. This growth ‎has created the need for more residential and commercial development, particularly on desirable land ‎along the lake and river.‎

ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: The proposed project would alter 18,000 square ‎feet of silt/cobble river bed. ‎

OTHER AUTHORIZATIONS: The proposed project will require approval from the Idaho Department of ‎Lands.‎

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 ‎Confederated Salish and Kootenai Tribes of the Flathead Reservation, The Kalispel Tribe of Indians, ‎and the Kootenai Tribe of Idaho, 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 Confederated Salish and Kootenai Tribes of the ‎Flathead Reservation, The Kalispel Tribe of Indians, and the Kootenai Tribe of Idaho. 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. 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 mail all comments to:‎

U.S. Army Corps of Engineers Walla Walla District ATTN: Shane Slate Coeur d'Alene Regulatory Office ‎1910 Northwest Boulevard, Suite 210‎ Coeur d'Alene, Idaho 83814-2676shane.p.slate@usace.army.mil

Comments should be received no later than the comment due date of October 16, 2015, as indicated ‎on this notice, to receive consideration. ‎

Shane Slate Project Manager ‎ Walla Walla District

Enclosure:‎ PN_NWW-2014-293_dawings.pdf‎

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