IDL approves Trestle Creek encroachment permit
SANDPOINT — The Idaho Department of Lands approved a key encroachment permit last month for the proposed Valiant development near Trestle Creek.
This encroachment permit, which was approved Nov. 18, would allow Valiant to move forward with plans to develop seven residential lots and an 88-slip commercial marina near the mouth of Trestle Creek. The project has drawn considerable public backlash, mostly over the potential dangers to protected bull trout populations that spawn in Trestle Creek.
There are still several permits including a joint permit between the Army Corps of Engineer and Idaho Department of Environmental Quality for a variety of associated approvals as well as a 404 and a 401 permit that the project still needs according to project representative Jeremy Grimm of Whisky Rock Planning and Consulting.
IDL’s final order that approved the encroachment permit said the application from Valiant had met the requirements of Idaho Code and the standards required for a commercial marina. It also stated that the marina will provide clear environmental, economic and public benefits that exceed any detrimental effects of the development.
In the final order, IDL said it regulates encroachments, not upland development standards and “although legitimate questions were raised by public and agency comments, all that are outside of IDL's statutory authority must be addressed through the responsible agencies.”
During the public input phase of the encroachment application process, IDL said it received 859 public comments via email, only one was in favor of the development.
IDL also received written comments concerned about the development’s potential impacts from the Kalispel Tribe, Idaho Fish and Game, the Idaho Conservation League, and Panhandle Health; though only the Idaho Conservation League outright recommended that IDL deny the permit application.
The Idaho Conservation League expressed disappointment at IDL’s decision to approve the encroachment permit.
“Considering that Trestle Creek is the most important spawning habitat for the threatened bull trout in the entire Pend Oreille system, we are very disappointed in the Idaho Department of Lands decision,” Idaho Conservation League North Idaho Director Jennifer Ekstrom said on a phone call with the Daily Bee.
She also said that the Idaho Conservation League was disappointed that the developer persists in efforts to move forward with the development, which she said the community does not support.
“The proposal also undermines the desires of our community, which has resoundingly opposed this development with more than 2,000 public comments, showcasing how important it is to the people who live here that Trestle Creek be safeguarded for fish and wildlife, and for future generations to enjoy.” Ekstrom said in a follow-up email to the Daily Bee.
Grimm said there was misinformation about the development in the community and sought to rectify it on a phone call with the Daily Bee.
“So, I guess the first piece (of misinformation) would be that somehow this project jeopardizes Trestle Creek,” Grimm said. “It's geographically, physically and, spatially, 100% inaccurate. This project is hundreds of yards from Trestle Creek.”
“One of the big things that we heard from the public was the desire to protect Trestle Creek.” Grimm said. “And Trestle Creek has been protected through that transfer of almost six acres to the Kalispel Tribe, which actually includes Trestle Creek and the mouth of Trestle Creek.”
Grimm said the only place the development would touch Trestle Creek is a man-made channel called the North Branch which it plans to redirect to restore the creek to its natural flow; something Grimm said would be environmentally beneficial to the area.
Ekstrom said the North Branch of Trestle Creek can be redirected without the housing development or marina and disagreed with Grimm’s assertion that the development does not jeopardize Trestle Creek.
“The noise and pollution from concentrated boat traffic, the invasive weeds that the boats can spread, and the pollution running off from the parking lot and the housing development will all impact water quality in Lake Pend Oreille at and near the mouth of Trestle Creek,” Ekstrom said. “Pollution and fish both move around in the water, and the water quality near Trestle Creek's mouth is critical to the health of (bull trout) spawning in Trestle Creek, which is very close to the proposed marina.”