NICE, Calif. – The US Army Corps of Engineers said it's negotiating with Robinson Rancheria regarding the agency's finding that the tribe violated the federal Clean Water Act in building its new gas station project on Highway 20.

Following a site visit earlier this year, Army Corps Regulatory Branch Manager Peck Ha said he made the final determination on the property, situated across the highway from the tribe's casino, which is located at 1545 E. Highway 20 in Nice.

The Army Corps notified the tribe in a letter, dated Feb. 9, that it found the tribe had discharged dredged or fill material into wetlands – which are “waters of the United States” – without a Department of the Army permit.

The Army Corps' letter to Robinson instructed the tribe to provide more information on the project, and also asked for comments from appropriate state, local and federal agencies, which were copied on the letter. Those agencies include the US Environmental Protection Agency, US Fish and Wildlife, California Department of Fish and Game and the California Regional Water Quality Control Board.

In 1999 the tribe had received Army Corps authorization for another, similar project in the area, which Ha said will be taken into consideration as it looks at the current case.

Lester Marston, Robinson Rancheria's Ukiah-based attorney, said the tribe doesn't agree with the determination.

“The tribe disputes the Army Corps' finding that there was a violation,” he said.

Army Corps spokesman John Prettyman said the tribe has verified receipt of the letter, noting that the tribe's formal response includes a denial that they've violated the Clean Water Act's Section 404, which has to do with wetlands, and that they will provide documentation.

“All the tribe did was put rock over an existing dirt road that is a public easement or right-of-way that was dedicated to the county to prevent soil erosion and siltation into the ditch,” said Marston, noting that rock isn't a pollutant under federal regulations, although sand and gravel are.

Marston said it's the tribe's intention to make sure the area where the rock was put down was restored to its original condition.

According to Ha, however, the riprap or placement of fill across the roadway is just one part of the violation.

His finding also included grading for the gas station platform closest to the detention basin where runoff is contained. Ha said both the riprap and the grading of the gas station platform activities resulted in impacts to approximately 0.23 acre of waters of the U.S. including wetlands.

Marston didn't respond to followup questions about those additional findings in the determination.

Prettyman said in the response the tribe's attorney stated that if there was a violation, the tribe would mitigate for the wetlands loss.

“Right now we are waiting on that documentation,” Prettyman said this week.

He said Army Corps officials spoke with Marston in the middle of March.

“They seem to be open to working with us,” Prettyman said, noting the Army Corps is working to find the best solution.

Federal officials aren't seeking punitive measures, but are instead are wanting to work with the tribe. Because there are “minor impacts” to the wetlands, Ha said the Army Corps is recommending that the tribe seek an after-the-fact permit.

“The tribe has no problem applying for a permit if a permit is needed,” said Marston.

Ha said the Army Corps also will ask the tribe to mitigate the damage to the wetlands, which can be done in a variety of ways, or the tribe can propose to conduct a mitigation on its own property to make up for the impacts.

Marston said the tribe had studied the area more than a decade ago when applying for the 1999 permit.

“The tribe went out and did a wetlands study for the specific purpose of delineating the wetlands,” he said.

That earlier project would have included construction in the wetlands area. “This project was designed so there would be no construction in the wetlands,” Marston said.

That original map was provided to the Army Corps, said Marston, who noted that he's also personally walked every inch of the property. Since the 1999 permit, the wetlands haven't changed or expanded, he said.

Regarding when the matter could be resolved, Prettyman noted, “As to right now there is no specific time line.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .