Black Rock hearing still scheduled

Today’s public hearing on the proposed Black Rock golf retreat expansion is still on even though the state hasn’t yet ruled on a water permit.

The initial March hearing was continued until tonight to give the state time to rule on developer Marshall Chesrown’s request to change Black Rock’s water permit so he can use it to irrigate the 1,100-acre expansion. Black Rock North would include a second golf course, 206 homes and 325 condo units overlooking Lake Coeur d’Alene near Rockford Bay. It’s just north of the Club at Black Rock, the area’s first exclusive waterfront golf retreat.

Chesrown is asking the state Department of Water Resources to change the permit designation to municipal use from the current irrigation classification. He has said that Black Rock isn’t asking for more water, just a change in where it’s used.

Bob Haynes, regional manager for the agency’s Coeur d’Alene’s office, said Wednesday the state has not made a decision on the request and that he isn’t sure when it will.

Chesrown’s attorney asked the agency to clarify the status and availability of water for the proposed development so the hearing could happen without another delay.

In a letter Monday to the county, Water Resources Director David Tuthill wrote that he can “assure” the county, without prejudging the hearing officer’s decision, that additional water is available through the development’s water right. The neighborhood group Coalition for Positive Rural Impact at Rockford Bay and Loffs Bay protested Chesrown’s water request, arguing that Black Rock hasn’t been a good steward of water. Group spokeswoman Jai Nelson said that Black Rock has violated Idaho Department of Environmental Quality standards and has had runoff problems, sending plumes of mud into the lake and nearby creeks.

She doesn’t see how the county can make a decision on the housing development proposal when it’s not known if there is adequate water. Nelson also contends that water designated for municipal use shouldn’t be used for irrigation.

County Hearing Examiner Lisa Key said in March that she couldn’t make a recommendation on the multimillion-dollar project until she has an answer from the state.

The Kootenai County Commission in July approved the 1,100-acre expansion, and crews broke ground shortly after, starting excavation for the new golf course.

But Black Rock still needs approval for the subdivision aspect of the project.

In February, DEQ’s Gary Gaffney wrote to Black Rock about water quality problems stemming from initial construction activities. He recommended that Kootenai County impose a moratorium on any new site disturbance until a new plan is developed to avoid repeat water quality problems.

The letter indicated that Black Rock had already stopped construction work and hired a consultant to help stabilize the affected areas.

County Planner Mark Mussman said Wednesday that he doesn’t think Black Rock has moved any dirt in the last couple months.