Construction Continues at Idaho Club Marina Near Trestle Creek Amid Permit Dispute and Bull Trout Litigation
Idaho Club Marina Project Advances Despite Legal Challenges Over Endangered Species Concerns
HOPE, Idaho — Construction is ongoing at the Idaho Club’s 88-slip marina adjacent to the mouth of Trestle Creek in Bonner County, following a temporary stop-work order issued by the U.S. Army Corps of Engineers last December over an alleged permit violation. The project, which has been in various stages of development and dispute for nearly 18 years, remains at the center of ongoing federal litigation involving environmental groups, the developers, the Corps, and the U.S. Fish and Wildlife Service.
Developers Valiant Idaho, LLC and Valiant Idaho II, LLC have installed pilings and riprap at the site and diverted a culvert known as the Trestle Creek North Branch Outlet into the primary stream. The Corps issued a letter of non-compliance and a stop-work order on December 22 after builders began construction before the North Branch had fully dried. Developers maintain that work did not violate the permit because it was performed above the high-water mark.
The Idaho Conservation League has alleged that developers violated their conditional use permit by diverting the North Branch while water was still flowing. ICL North Idaho Director Jennifer Ekstrom stated that she documented the stream flowing on January 24, and later learned that the developer completed the reroute on January 28 and 29.
“Not only did the developer begin work on the marina before the North Branch was rerouted, they also likely engaged in the rerouting work while the stream was flowing,” Ekstrom told the Sandpoint Reader.
Representing the developer, Jeremy Grimm of Whiskey Rock Planning + Consulting denied the allegations, calling ICL’s claims “false” and pointing to findings from First District Judge David Nye, issued March 24, which showed that Corps Environmental Resources Specialist Garrett Schock verified the North Branch was dry on January 28 — the same day workers completed the reroute.
Federal Court Rules Against Injunction; Bull Trout at Center of Dispute
ICL and the Center for Biological Diversity filed a motion for a preliminary injunction and temporary restraining order seeking to halt construction, arguing that the developer’s alleged permit violation may have endangered bull trout in unanticipated ways. Judge Nye ruled against the injunction on March 24, stating, “Any harms caused by sedimentation are purely in the past.”
The bull trout is listed as a threatened species under the Endangered Species Act across all of its known habitats, including Idaho, Montana, Nevada, Oregon, and Washington. Environmental groups argue the species is particularly vulnerable at this location, noting that more than half of the Pend Oreille Basin’s bull trout population spawns in Trestle Creek — making it, according to ICL, “one of the Pacific Northwest’s most important spawning streams.”
Ekstrom warned that long-term operation of the marina poses ongoing risks: “The biggest threats to bull trout will come from the ongoing operation of a busy marina, the predator habitat it creates, and the pollution that will be caused by both the marina and the housing development.”
Developers counter that removing the North Branch — which currently diverts bull fry into warm, predator-rich waters near a dilapidated marina — will result in a net benefit to the bull trout population. Mitigation plans include establishing a no-wake zone, preserving existing man-made islands, and installing erosion protection and landscaping to restore riparian zones along Trestle Creek.
Grimm also noted that an independent third-party engineering firm has conducted more than 30 weekly compliance inspections at the site without identifying a single instance of non-compliance or issuing a corrective action requirement. “The property owner plans to continue to complete the scope of the project strictly within the conditions of the permits obtained, all of which are active and in full compliance,” Grimm stated.
The Corps and USFWS had originally required workers to wait until the North Branch ran dry — typically between August and November — before beginning the reroute. In late November, developers reported that unseasonably wet weather caused the branch to begin flowing again and requested permission to install a pipe to divert the flow. The Corps responded that such a step would require permit modifications. Construction proceeded in December, triggering the stop-work order.
The current scope of the Idaho Club marina development includes seven single-family dwelling units with private docks, the public 88-slip marina, a breakwater, a pedestrian bridge, a boat bilge pump-out station, a 46-space parking lot, and boat storage — a significantly reduced footprint from earlier proposals first introduced roughly 18 years ago. For more on shoreline stewardship efforts in the Lake Pend Oreille area, see the upcoming Sandpoint Earth Day Shoreline Cleanup.
What Comes Next
Litigation between ICL, the Center for Biological Diversity, the developers, the Corps of Engineers, and the U.S. Fish and Wildlife Service remains active. The denial of the preliminary injunction does not resolve the broader legal questions surrounding the project’s compliance with the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. Environmental groups have indicated they intend to continue challenging the development’s impact on bull trout in the Pend Oreille Basin. Developers, meanwhile, say they are committed to completing the project in full compliance with all active permits. Bonner County News will continue to follow developments in this case as litigation proceeds. For additional Idaho environmental and government news, visit Idaho News.