Local News & NorthwestAugust 31, 2022

Idaho Transportation Department’s permits to build road through wetlands temporarily pulled by Army Corps of Engineers on heels of lawsuit brought by environmental group

Vehicles drive past a section along U.S. Highway 95 undergoing construction a few miles south of Moscow on Monday. The project to reroute a portion of the highway was thrown in doubt this week when the Army Corps of Engineers temporarily suspended permits the Idaho Transportation Department needs to build the road through wetland areas.
Vehicles drive past a section along U.S. Highway 95 undergoing construction a few miles south of Moscow on Monday. The project to reroute a portion of the highway was thrown in doubt this week when the Army Corps of Engineers temporarily suspended permits the Idaho Transportation Department needs to build the road through wetland areas.Zach Wilkinson/Daily News file
A section along U.S. Highway 95 undergoing construction is photographed a few miles south of Moscow on Monday. The project to reroute a portion of the highway was thrown in doubt this week, when the Army Corps of Engineers temporarily suspended permits the Idaho Transportition Department needs to build the road through wetland areas.
A section along U.S. Highway 95 undergoing construction is photographed a few miles south of Moscow on Monday. The project to reroute a portion of the highway was thrown in doubt this week, when the Army Corps of Engineers temporarily suspended permits the Idaho Transportition Department needs to build the road through wetland areas.Zach Wilkinson/Daily News
Vehicles drive passed a section along U.S. Highway 95 undergoing construction a few miles south of Moscow on Monday. The project to reroute a portion of the highway was thrown in doubt this week, when the Army Corps of Engineers temporarily suspended permits the Idaho Transportition Department needs to build the road through wetland areas.
Vehicles drive passed a section along U.S. Highway 95 undergoing construction a few miles south of Moscow on Monday. The project to reroute a portion of the highway was thrown in doubt this week, when the Army Corps of Engineers temporarily suspended permits the Idaho Transportition Department needs to build the road through wetland areas.Zach Wilkinson/Daily News

The Idaho Transportation Department says a recent decision by the Army Corps of Engineers could jeopardize the future of the project to realign and expand U.S. Highway 95 south of Moscow.

ITD says the Corps on Monday temporarily suspended authorization to continue construction at 13 permitted wetland sites along the 6-mile-long new roadway for U.S. 95. This decision comes as the Corps and ITD are co-defendants in a lawsuit brought forth by the local environmental group Paradise Ridge Defense Coalition.

The Paradise Ridge Defense Coalition filed the lawsuit in March claiming the U.S. 95 project does not qualify for a permit the Corps authorized under the Clean Water Act. The environmental group claims ITD underestimated the wetland acreage that would be destroyed by a portion of the project.

Of the 13 wetland sites involved in the project, only one is the focus of this litigation.

The Corps’ decision to suspend authorization of 13 permitted sites allows at least 60 days for ITD and the Corps to reassess the size of the permitted wetlands at that one site near the beginning of the project.

“Work requiring wetlands permits for five of the other 12 sites is already complete, and construction work outside the wetland areas is allowed to continue,” ITD wrote in a statement released Tuesday afternoon. “Previous permit approvals agreed that the site at issue in a new legal challenge by the PRDC is under half an acre, but there may be confusion due to heavy spring rains this year that also impacted the construction schedule. The Department will continue to work with the Corps to confirm wetland acreage and maintain Nationwide Permit and Clean Water Act compliance.”

ITD says the contractor is nearly 15% complete on the overall project. Construction crews recently transitioned to blasting and removing rock. Construction has already started to build two new bridges over Eid Road.

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The project, which ITD has been planning since 1999, will shift 6.5 miles of the highway to the east and expand it from two lanes to four. It will also include flatter grades, fewer approaches and less severe curves, according to ITD. The intent is to improve safety for drivers.

“While the project is currently on schedule, suspension of the permits could jeopardize it in the future,” ITD stated. “ITD is currently expending approximately $2 million per month on this $57 million safety improvement project. Completion is scheduled for the fall of 2024.”

According to a news release from the Paradise Ridge Defense Coalition, the environmental group hired two wetland scientists to determine the wetland acreage that would be affected by the U.S. 95 construction. They claim ITD omitted wetlands that would be destroyed by a portion of the project.

“This decision by the Army Corps should encourage ITD and the Corps to find the least environmentally damaging alignment for the project,” PRDC board member David Hall said in a statement.

ITD said in its statement that it relied on recognized wetlands experts to identify wetland sites.

“Wetlands impacts were first identified for the roadway alignment during the preparation of an environmental impact statement which included many years of public engagement,” ITD stated. “Such impacts were further reduced and mitigated through the design and the Corps’ Nationwide Permit process.”

Kuipers can be reached at akuipers@dnews.com.

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