Ruling could come on Idaho Club’s development near Trestle Creek by mid-Nov.

By Soncirey Mitchell
Reader Staff

The Idaho Club’s proposed 88-slip commercial marina near the mouth of Trestle Creek was again before residents Oct. 7, when the Idaho Office of Administrative Hearings took public testimony on behalf of the Idaho Department of Lands.

Though first fronted in 2008, the development has undergone numerous revisions over the years, with the current iteration including a breakwater, pedestrian bridge and parking lot, as well as seven houses with corresponding private docks.

The plan has faced opposition from community members and conservation groups alike, who worry about the potential boat traffic and pollution it could generate in proximity to bull trout and kokanee salmon habitat. Bull trout are protected by the Endangered Species Act and listed as threatened in all of their known habitats, including Idaho, Montana, Nevada, Oregon and Washington.

According to the Idaho Conservation League, more than half of the Pend Oreille Basin’s bull trout population spawn in Trestle Creek.

IDL approved an encroachment permit for a 105-slip community dock at the same site in October 2023. The developers then entered into a bargain sale agreement with the Kalispel Tribe, transferring ownership of a 5.8-acre parcel that includes the final quarter mile of the main branch of Trestle Creek and one-eighth of a mile of the north branch. In doing so, the Idaho Club relinquished one of the three parcels required to qualify for a community dock, thereby nullifying the previous permit.

Paddlers explore Lake Pend Oreille near the mouth of Trestle Creek. Courtesy photo.

The Kalispel Tribe’s land will be held in conservation in perpetuity.

The new development proposes an 88-slip commercial marina and — taking into account public comment given at a September 2023 public hearing — will maintain several man-made islands as well as the creek’s eastern channel, which were originally slated for removal. Developers will also remove an old boat ramp nearer the mouth of Trestle Creek, as well as a culvert called the North Branch Outlet, which will redirect juvenile bull trout back into the main branch and away from predators.

“The proposed development does not touch Trestle Creek, with the exception of the North Branch Stream Restoration. You will note that the proposed docks, improvements and residential lots are further away from the mouth of the creek (by water) than the existing built-up marina to the south,” Jeremy Grimm, of Whisky Rock Planning + Consulting and also Sandpoint mayor, told the Reader in an Oct. 9 email on behalf of the developers.

According to a written statement by the Idaho Department of Fish and Game and submitted by Panhandle Regional Supervisor Carson Watkins, “IDFG has concerns with the location of the project, and possible negative effects to fish and wildlife.”

“We were surprised that nobody has reached out to us to kind of consult on that [North Branch redesign] and we would be happy to come up with a design that was more suitable and a benefit to bull trout,” said IDFG Regional Technical Assistance Manager Merritt Horsmon, clarifying that IDFG was neither testifying for nor against the project.

One of the agency’s main concerns is that the North Branch be redirected into Trestle Creek without “holding water,” which can lead to improper spawning and strand fish when the water level drops. Additionally, Horsmon cautioned that nutrient runoff from the development could establish “weed lines” at the mouth of the creek, catering to bull trout predators.

According to Kalispell Water Resource and Program Manager Eric Berntsen, developers have yet to consult the tribe on their designs for the North Branch realignment, despite the fact that it affects their property.

“We do have issues with the proposed design, and honestly we’re a bit disappointed that the design engineers didn’t reach out to us to coordinate on the project,” said Berntsen.

Written comments submitted to IDL by Kalispel Tribe Natural Resources Department Executive Director Deane Osterman outline concerns that the extensive use of riprap will stop the area’s sediment from shifting with the water to create natural, “active” habitat.

“[The developers] believe that the current restoration plan, designed by River Design Group — one of the leading river restoration consulting firms in the Intermountain West and Pacific Northwest — will provide significant benefits to juvenile fish by removing the existing man-made diversion and restoring the natural streamflow of the area,” Grimm told the Reader, adding that the Idaho Club is still willing to work with IDFG and the Kalispel Tribe.

Though developers maintain that their alterations will help more than hinder the local ecosystem, ICL North Idaho Director Jennifer Ekstrom requested that IDL “deny all aspects of the encroachment permit.”

“It is premature to approve it until after the Army Corps of Engineers completes their analysis and decision on whether a Clean Water Acts Section 404 permit is allowable for the dredge and fill activities,” said Ekstrom. 

According to her, the Corps cannot make a decision until the U.S. Fish and Wildlife Service completes an updated biological opinion to determine whether the project complies with the Endangered Species Act.

The 2022 biological opinion was technically rescinded following litigation by ICL and the Center for Biological Diversity; however, the plaintiffs dropped the lawsuit before Judge Candy Dale, of the U.S. District Court for the District of Idaho, ruled on the validity of the document. The Corps suspended its previous permit based on that document in October 2022.

“It’s likely that the Corps or the FWS will require project modifications in response to environmental concerns. It is also likely that the FWS will determine that the project will adversely affect the bull trout or bull trout critical habitat,” said Ekstrom.

The Idaho Club submitted a joint application to IDL, the Corps and the Idaho Department of Water Resources, but “IDL was simply the first to act,” Grimm told the Reader.

IDL will continue to accept written public comment until Friday, Oct. 11 at [email protected], after which the Idaho Office of Administrative Hearings will make a recommendation to IDL Director Dustin Miller, who will deliver his ruling within 30 days  following Friday, Oct. 18. For more information, visit bit.ly/4enpeCB.