Public Notice: Water Quality Certification of Benewah Creek Restoration in Idaho

Summary

On March 28, 2025, the EPA received a request from the Coeur d’ Alene Tribe for a water quality certification for the Benewah Creek RM10.5 Stream/Wetland Restoration Project (U.S. Army Corps of Engineers Walla Walla District project number NWW-2025-156).

On April 21, 2025, the EPA received confirmation from the U.S. Army Corps of Engineers Walla Walla District that the project is being reviewed under Nationwide Permit #27 for Aquatic Habitat Restoration, Establishment, and Enhancement Activities. However, due to the extent of the proposed action, the project does not meet the requirements for coverage under EPA Region 10's programmatic Clean Water Act Section 401 coverage. Therefore, an individual Section 401 review is required, which includes this public notice.

Section 401(a)(1) of the Clean Water Act requires applicants for federal permits and licenses that may result in discharges into waters of the United States to obtain certification that the discharge will comply with applicable provisions of the Clean Water Act. Where no state agency or Tribe has authority to give such certification, EPA is the certifying authority.

In this case, the proposed project is within areas of the Coeur d’Alene Reservation that are not included in the Tribe’s Treatment as a State approval under Sections 303 and 401 of the Clean Water Act. Therefore, EPA is the certifying authority for this proposed project.

According to the application, the Coeur d’ Alene Tribe proposes to impact wetlands and waters in order to conduct floodplain restoration. The project is located in Benewah Creek and adjacent wetlands in Benewah County, Idaho (latitude 47.2416876, longitude -116.77085).

EPA is only requesting comments on its Clean Water Act Section 401 water quality certification for this proposed project.

Project description

The Coeur d’ Alene Tribe proposes to impact approximately 0.94 acres of wetlands and waters by discharging approximately 2,657 cubic yards of fill material. The objective of the project is to enhance aquatic and wetland habitats in the Benewah Creek floodplain. This would be accomplished through the conversion of 1.36 acres of upland habitat to wetlands, addition of in-channel structures, selective floodplain fill, and native plant revegetation, resulting in a 9.34 acre increase of vegetated wetland area.

Specific design elements include:

• Reconnection of Benewah Creek to existing floodplain swales at the one-year return interval flood.
• Lowering bank height along 190 linear feet to reduce erosion rates.
• Removal of road fill within the floodplain.
• Addition of large wood to graded areas.
• Construction of nine riffle complexes.
• Bank stabilization using rock and soil lifts.
• Native plantings (containerized, cuttings, and seeding).

A copy of the application is available upon request by contacting Jeff Brittain (brittain.jeffrey@epa.gov), 206-553-0532.