The Army Corp of Engineers has fired a warning shot at Island County for performing maintenance work on Swan Lake tide gates without proper authorization.

While the Corps did not formally reprimand the county, it is requesting additional information so a determination can be made.

“Based on the available information, it appears you have performed work in the waters of the U.S. without Department of the Army authorization,” states the Corps of Engineers letter, dated Feb. 10.

“The work appears to be in violation of federal law and I direct you to do no further work.”

The complaint, made to the Corps of Engineers, was lodged by former Island County commissioner Angie Homola, who lives near Swan Lake and has championed its environmental preservation.

Homola said the county shouldn’t think they are above the environmental protections put in place by the Clean Water Act and enforced by the Army.

“The argument that tide gate maintenance should not require permits doesn’t hold water,” Homola said.

Public Works Director Bill Oakes said there’s still “debate” about whether Island County broke any rules or failed to get the proper permitting for what he considers routine work.

Oakes said the county did acquire the required Hydraulic Project Approval permit from state.

“It was such a small amount of maintenance,” Oakes said.

In his March 3 response to the Army Corps of Engineers, county maintenance Superintendent Matt Nienhuis explained that the purpose of the work was to clean out debris and mud that had built up in front of two inlet pipes that connect to the tide gates.

“Removal of the accumulated silt and debris from the pipe inlets was the only way to restore normal flows through the pipes,” Nienhuis stated.

Homola conceded that the work was minor and probably necessary, but added she is concerned it may be representative of larger pattern of overlooking environmental protections.

“If confirmed, this will be the second time in the past eight years the county has violated the CWA for work in association with the tide gates at Swan Lake,” Homola said.

Island County was reprimanded by the Army Corps of Engineers in 2008 for performing similar work at Swan Lake without obtaining the proper permits.