Environmental_Documents.pdf

322 E Front Street, Suite 648, Boise ID 83702 • PO Box 83720, Boise ID 83720-0098 Phone: 208-287-4800 • Fax: 208-287-6700 • Email: idwrinfo@idwr.idaho.gov • Website: idwr.idaho.gov

Governor Brad Little Director Gary Spackman

December 29, 2021

Katie Gibble Ada County Highway District 1301 N. Orchard St. Ste. 200 Boise, ID 83706

RE: Joint Application for Permit No. S63-20998 Loggers Creek – Culvert Replacement

Dear Ms. Gibble:

The Idaho Department of Water Resources (IDWR) has reviewed your above referenced application for a permit to alter Loggers Creek and has prepared a decision as provided for in Section 42-3805, Idaho Code. The conditions set forth in this permit are intended to prevent degradation of water quality, protect fish and wildlife habitat, and protect the long-term stability of the stream channel. If you cannot meet the conditions set forth in the permit, please contact this office for further consideration.

Your project has been determined to meet the Stream Channel Alteration Rules, IDAPA

37.03.07 Minimum Standards (Rule 55). You may consider this letter a permit to construct your project according to your amended application, received November 30, 2021, including diagrams.

The project location is within Section 14, Township 03 North, Range 02 East, Boise Meridian, Ada County.

Project activities include replacing two side-by-side culverts with a bottomless box culvert.

Approximately seven (7) cubic yards of dirt and topsoil will be discharged to set the new box culvert and native gravels will be used to reconstructed the streambed. Culvert footings and wing walls will set a minimum of two (2) feet below the streambed to help prevent scour.

Failure to adhere to the conditions as set forth herein can result in legal action as provided for in Section 42-3809, Idaho Code. This project is subject to the following Minimum Standards, Special and General Conditions.

MINIMUM STANDARDS:

These standards are established in the Administrative Rules of the Idaho Water Resources Board; Stream Channel Alteration Rules, IDAPA 37.03.07 dated July 1, 1993, and are enclosed with this permit.

Rule 56 - Construction Procedures Rule 59 - Culverts and Bridges

SPECIAL CONDITIONS:

[1] All construction shall be completed in accordance with the descriptions and methods on the attached application and diagrams. This office must approve any changes prior to construction.

[2] All construction activities shall take place during low flow and in the dry to minimize turbidity, protect water quality, and comply with Idaho water quality standards. No uncured concrete shall come in contact with surface water.

[3] Work shall be performed from the top of bank. Equipment shall not enter the stream channel.

[4] Silt fencing or other erosion/sediment control measures shall be installed between any area of earth disturbance and the water. Erosion and sediment control measures shall be installed according to the manufacturer’s specifications, during construction, and must be maintained until construction is completed and the disturbed ground is revegetated and stable.

[5] All temporary structures, excess excavated material, and vegetative or construction debris shall be disposed of out of the stream channel where it cannot reenter the channel. All construction debris shall be removed from the site and disposed of properly.

[6] All fuel, oil, and other hazardous materials shall be stored and equipment refueled away from the stream channel to ensure that a spill will not enter the waterway. Equipment must be free of fuel and lubricant leaks.

[7] Permittee is responsible for all work done by any contractor or sub-contractor and shall ensure any contractor who performs the work is informed of and follows all the terms and conditions of this authorization.

[8] This permit shall expire December 31, 2023.

GENERAL CONDITIONS:

1. This permit does not constitute any of the following:

a. An easement or right-of-way to trespass or work upon property belonging to others.

b. Other approval that may be required by Local, State or Federal Government, unless specifically stated in the special conditions above.

c. Responsibility of IDWR for damage to any properties due to work done.

d. Compliance with the Federal Flood Insurance Program, FEMA regulations, or approval of the local Planning and Zoning authority.

2. In accordance with Sections 55-2201 - 55-2210, Idaho Code, the applicant and/or contractors must contact Digline statewide phone number 1-800-342-1585 (Boise area 208- 342-1585) not less than three working days prior to the start of any excavation for this project.

3. The permit holder or operator must have a copy of this permit at the alteration site, available for inspection at all times.

4. IDWR may cancel this permit at any time that it determines such action is necessary to minimize adverse impact on the stream channel.

Failure to adhere to conditions as set forth herein can result in legal action as provided for in Section 42-3809, Idaho Code.

If you object to the decision issuing this permit with the above conditions, you have 15 days in which to notify this office in writing that you request a formal hearing on the matter. If an objection has not been received within 15 days, the decision will be final under the provisions of IDAPA 37.03.07 (Rule 70).

Please contact Cass Jones 208-287-4897 or cass.jones@idwr.idaho.gov if you have any questions regarding this matter.

Sincerely, Cass Jones

Stream Channel Protection Idaho Department of Water Resources cc: Jason Taylor, City of Boise

Kati Carberry, Idaho Department of Environmental Quality, Boise Lance Holloway Idaho Department of Environmental Quality, Boise

Casey Pozzanghera, Idaho Department of Fish and Game, Nampa Dean Johnson, Idaho Department of Lands, Boise U.S. Army Corps of Engineers, Boise

Aaron Golart, Idaho Department of Water Resources, Boise mailto:cass.jones@idwr.idaho.gov

IDAHO ADMINISTRATIVE CODE IDAPA 37.03.07

Department of Water Resources Stream Channel Alteration Rules

Section 056 Page 1

056. CONSTRUCTION PROCEDURES (RULE 56).

01. Conformance to Procedures. Construction shall be done in accordance with the following procedures unless specific approval of other procedures has been given by the Director. When an applicant desires to proceed in a manner different from the following, such procedures should be described on the application. (7-1-93)

02. Operation of Construction Equipment. No construction equipment shall be operated below the existing water surface without specific approval from the Director except as follows: Fording the stream at one (1) location only will be permitted unless otherwise specified; however, vehicles and equipment will not be permitted to push or pull material along the streambed below the existing water level. Work below the water which is essential for preparation of culvert bedding or approved footing installations shall be permitted to the extent that it does not create unnecessary turbidity or stream channel disturbance. Frequent fording will not be permitted in areas where extensive turbidity will be created.

(7-1-93)

03. Temporary Structures. Any temporary crossings, bridge supports, cofferdams, or other structures that will be needed during the period of construction shall be designed to handle high flows that could be anticipated during the construction period. All structures shall be completely removed from the stream channel at the conclusion of construction and the area shall be restored to a natural appearance.

(7-1-93)

04. Minimizing Disturbance of Area. Care shall be taken to cause only the minimum necessary disturbance to the natural appearance of the area. Streambank vegetation shall be protected except where its removal is absolutely necessary for completion of the work adjacent to the stream channel. (7-1-93)

05. Disposal of Removed Materials. Any vegetation, debris, or other material removed during construction shall be disposed of at some location out of the stream channel where it cannot reenter the channel during high stream flows. (7-1-93)

06. New Cut of Fill Slopes. All new cut or fill slopes that will not be protected with some form of riprap shall be seeded with grass and planted with native vegetation to prevent erosion (7-1-93)

07. Fill Material. All fill material shall be placed and compacted in horizontal lifts except as provided for in Rule Subsection 060.05 for uncompacted dike and levee construction. Areas to be filled shall be cleared of all vegetation, debris and other materials that would be objectionable in the fill. (7-1-93)

08. Limitations on Construction Period. The Director may limit the period of construction as needed to minimize conflicts with fish migration and spawning, recreation use, and other uses. (7-1-93)

Section 59 page 1

059. CULVERTS AND BRIDGES (RULE 59).

01. Culverts and Bridges. Culverts and bridges shall be capable of carrying streamflows and shall not significantly alter conditions upstream or downstream by causing flooding, turbidity, or other problems. The appearance of such installations shall not detract from the natural surroundings of the area.

(7-1-93)

02. Location of Culverts and Bridges. Culverts and bridges should be located so that a direct line of approach exists at both the entrance and exit. Abrupt bends at the entrance or exit shall not exist unless suitable erosion protection is provided. (7-1-93)

03. Ideal Gradient. The ideal gradient (bottom slope) is one which is steep enough to prevent silting but flat enough to prevent scouring due to high velocity flows. It is often advisable to make the gradient of a culvert coincide with the average streambed gradient. (7-1-93)

a. Where a culvert is installed on a slope steeper than twenty percent (20%), provisions to anchor the culvert in position will be required. Such provisions shall be included in the application and may involve the use of collars, headwall structures, etc. Smooth concrete pipe having no protruding bell joints or other irregularities shall have such anchoring provisions if the gradient exceeds ten percent (10%). (7-1-93)

04. Size of Culvert or Bridge Opening. The size of the culvert or bridge opening shall be such that it is capable of passing design flows without overtopping the streambank or causing flooding or other damage. (7-1-93)

a. Design flows shall be based upon the following minimum criteria: (7-1-93)

b. For culverts and bridges located on U.S. Forest Service or other federal lands, the sizing should comply with the Forest Practices Act as adopted by the federal agencies or the Department of Lands.

(7-1-93)

c. For culverts or bridges located in a community qualifying for the national flood issuance program, the minimum size culvert shall accommodate the one hundred (100) year design flow frequency.

(7-1-93)

d. If the culvert or bridge design is impractical for the site, the crossing may be designed with additional flow capacity outside the actual crossing structure, provided there is no increase in the Base Flood Elevation. (NOTE: When flow data on a particular stream is unavailable, it is almost always safe to maintain the existing gradient and cross-section area present in the existing stream channel. Comparing the proposed crossing size with others upstream or downstream is also a valuable means of obtaining information regarding the size needed for a proposed crossing.) (7-1-93)

Section 59 page 2

e. Minimum clearance shall be at least one (1) foot at all bridges. This may need to be increased substantially in the areas where ice passage or debris may be a problem. Minimum culvert sizes required for stream crossings: (7-1-93)

i. Eighteen (18) inch diameter for culverts up to seventy (70) feet long; (7-1-93)

ii. Twenty-four (24) inch diameter for all culverts over seventy (70) feet long. (7-1-93)

f. In streams where fish passage is of concern as determined by the director, an applicant shall comply with the following provisions and/or other approved criteria to ensure that passage will not be prevented by a proposed crossing. (7-1-93)

g. Minimum water depth shall be approximately eight (8) inches for salmon and steelhead and at least three (3) inches in all other cases. (7-1-93)

h. Maximum flow velocities for streams shall not exceed those shown in Figure 17 in APPENDIX N, located at the end of this chapter, for more than a forty-eight (48) hour period. The curve used will depend on the type of fish to be passed. (7-1-93)

i. Where it is not feasible to adjust the size or slope to obtain permissible velocities, the following precautions may be utilized to achieve the desired situation. (7-1-93)

j. Baffles downstream or inside the culvert may be utilized to increase depth and reduce velocity. Design criteria may be obtained from the Idaho Fish and Game Department. (7-1-93)

k. Where multiple openings for flow are provided, baffles or other measures used in one (1) opening only shall be adequate provided that the opening is designed to carry the main flow during low-flow periods. (7-1-93)

05. Construction of Crossings. When crossings are constructed in erodible material, upstream and downstream ends shall be protected from erosive damage through the use of such methods as dumped rock riprap, headwall structures, etc., and such protection shall extend below the erodible streambed and into the banks at least two (2) feet unless some other provisions are made to prevent undermining. (7-1-93)

a. Where fish passage must be provided, upstream drops at the entrance to a culvert will not be permitted and a maximum drop of one (1) foot will be permitted at the downstream end if an adequate jumping pool is maintained below the drop. (7-1-93)

b. Downstream control structures such as are shown in Figure 18 in APPENDIX O, located at the end of this chapter, can be used to reduce downstream erosion and improve fish passage. They may be constructed with gabions, pilings and rock drop structures. (7-1-93)

06. Multiple Openings. Where a multiple opening will consist of two (2) or more separate culvert structures, they shall be spaced far enough apart to allow proper compaction of the fill between the individual structures. The minimum spacing in all situations shall be one (1) foot. In areas where fish passage must be provided, only one (1) opening shall be constructed to carry all low flows. Low flow baffles may be required to facilitate fish passage. (7-1-93)

Section 59 page 3

07. Areas to be Filled. All areas to be filled shall be cleared of vegetation, topsoil, and other unsuitable material prior to placing fill. Material cleared from the site shall be disposed of above the high water line of the stream. Fill material shall be reasonably well-graded and compacted and shall not contain large quantities of silt, sand, organic matter, or debris. In locations where silty or sandy material must be utilized for fill material, it will be necessary to construct impervious sections both upstream and downstream to prevent the erodible sand or silt from being carried away (see Figure 19, APPENDIX P, located at the end of this chapter), Sideslopes for fills shall not exceed one and one half to one (1.5:1).

Minimum cover over all culvert pipes and arches shall be one (1) foot. (7-1-93)

08. Installation of Pipe and Arch Culvert. All pipe and arch culverts shall be installed in accordance with manufacturer’s recommendations. (7-1-93)

a. The culvert shall be designed so that headwaters will not rise above the top of the culvert entrance unless a headworks is provided. (7-1-93)

'.'I JOINT APPLICATION FOR PERMITS

U.S. ARMY CORPS OF ENGINEER� - IDAHO DEPARTMENT OF WATER RESOUR�cS • IDAHO DEPARTMENT OF LANDS

Authorities: The Department of Army Corps of Engineers (Corps), Idaho Department of Water Resources (IDWR), and Idaho Department of LBnds (IDL) established a joint process for activities impacting jurisdictional waterways that require review andfor approval of both the Corps and State of Idaho. Department of Army permits are required by Section 10 of the Rivers & Harbors Act of 1899 for any structure(s) or work in or affecting navigable waters of the United States and by Section 404 of the Clean Water Act for the discharge of dredged or fill materials into waters of the UnHed States, including adjacent wetlands. State permits are required under the State of Idaho, Stream Protection Act (litle 42, Chapter 38, Idaho Code and Lake Protection Act (Section 58, Chapter 13 el seq., Idaho Code). In addition the information wlll be used to determine compliance with Section 401 of the Clean Water Act by the appropriate State, Tribal or Federal entity.

Joint Application: Information provided on this application will be used in evaluating the proposed activities. Disclosure of requested information is voluntary. Failure to supply the requested information may delay processing and issuance of the appropriate permH or authorization. Applicant will need to send a completed application, along with one (1) set of leglble, black and whHe (8½"x11"), reproducible drawings that Illustrate the location and character of the proposed project/ activities to .lm1bJbt.

Corps and the State of klaho.

See Instruction Gulde for assistance wHh Application. Accurate submission of requested Information can prevent delays in reviewing and permitting your application.

Drawings including vicinity maps, plan-view and section-view drawings must be submitted on 8-1/2 x 11 pal)Brs.

Do not start work until you have received all required pennHs from both the Corps and the State of Idaho

FOR AGENCY USE ONLY

USACE Date Received:

D Incomplete Application Returned NWW-

Idaho Department of Water Resources Date Received: Erfee Received No. ti- (1, u DATE: I l-tt- U

Idaho Department of Lands Date Received: D Fee Received No. DATE:

INCOMPLETE APPLICATIONS MAY NOT BE PROCESSED

1. CONTACT INFORMATION -APPLICANT Required: 2. CONTACT INFORMATION· AGENT:

Name: Name:

Katie Gibble Denny Mengel Company: Company:

Ada County Highway District Jacobs Engineering

Mailing Address: Mailing Address:

1301 N. Orchard St. 999 W. Main St., Suite 1200 City: State: Zip Code: City:

Boise ID 83706 Boise

Phone Number /Include -codeJ: E-mail: Phone Number (lndllle .... cod&J:

208-387-6297 kgibble@achdidaho.org 208-841-0733

Date Returned:

Receiptl.:

Receipt No.:

A 12 ,__ l,: J:::,

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···--l::'e.S·

State:

ID

E-mail:

Zip Code:

83702 denny.mengel@jacobs.com

3. PROJECT NAME or TITlE: Mallard Avenue Bridge #1339, Proj. # 221019 4. PROJECT STREET ADDRESS: East of 200 E Mallard Avenue

5. PROJECT COUNTY: 6. PROJECT CITY: 7. PROJECT ZIP CODE: 8. NEAREST WATERWAYIWATERBODY:

Ada Boise 83706 Loggers Creek

9. TAX PARCEL ID#: 10. LATITUDE: 43.59595 11a. 114: 11b. 114: 11c. SECTION: 11d. TOVIINSHIP: 11e. RANGE:

East ofR1578700032 LONGITUDE: -116.180361 NW SE 14 3N 2E

12a. ESTIMATED START DATE: 12b. ESTIMATED END DATE: 13a. IS PROJECT LOCATED WITHIN ESTABLISHED TRIBAL RESERVATION BOUNDARIES?

Estimated Nov 2022 1anuary 2023 (!]NO □ YES Tribe:

13b. IS PROJECTLOCATED IN LISTED ESAAREA? □ NO (!I YES 13c. IS PROJECT LOCATED ONINEAR HISTORICAL SITE? (!I NO □ YES

14. DIRECTIONS TO PROJECT SITE: Include vicinity map with legible crossroads, street numbers, names, landmarks.

Tum west onto Mallard Avenue off of Park.center Blvd. and proceed approximately 0.12 mile to Loggers Creek

15. PURPOSE and NEED: 0 Commercial D lndusbial (!I Public D Private D Other Describe the reason or purpose of your project; include a brief description of the overall project. Continue to Block 16 to detail each work activity and overall project.

The purpose of the project is to replace the existing twin culvert structure as part of ACHD Bridge Maintenance Program. The need for replacement is due to the deteriorated conditions of the existing CMP pipes. See Attachment A• Additional Information Sheet.

NWW Form 1145-1 /IDWR 3804-B Page 1 of 4

Table 1. Summary of Impacts to Wetlands and Other Waters from the Mallard Avenue Project

Permanent Permanent Impact (ac Fill Amount Temporary

Wetland/Waters Type or LF) (yd3) Impact (ac)

WL-A Palustrine emergent marsh 0.00 0.00 0.001

Loggers Creek

Notes:

ac = acre(s)

LF = linear foot/feet yd3 = cubic yard(s)

Riverine

Total

0.019 ac 6.48 0.005

(52 LF)

0.019 ac 6.48 0.006

(52 LF)

Table 2. Detailed Impacts to Aquatic Resources - Surface Area, Volume, and Fill Type

Permanent Permanent Permanent Aquatic Impact Impact Fill Amount

Resource (ft2 or LF) (ac) (yd3) Permanent Fill Type

Wetland A 0.00 0.00 0.00 -

(0.05 acre)

Loggers Creek 832 ft2 0.019 6.48 Topsoil and gravel placed in the stream channel

(0.22 acre) (52 LF) below the new structure to match sediment type and grade of original channel bed

TOTAL 832 ft2 0.019 6.48

(52 LF)

Note:

ft2 = square foot/feet

Temporary Fill (yd3)

4.60

6.79

11.39 )

Temporary Temporary Temporary Impact Impact Fill Amount Temporary

(ft2) (ac) (yd3) Fill Type

41.4 0.001 4.6 Biofilter bags coffer dam

217.8 0.005 6.79 Biofilter bags coffer dam and metal culvert

259.2 0.006 11.39

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS

BOISE REGULATORY OFFICE

720 EAST PARK BOULEVARD, SUITE 245

BOISE, IDAHO 83712-7757

February 28, 2022

WALLA WALLA DISTRICT

REGULATORY DIVISION

SUBJECT: NWW-2021-00556, ACHD, Mallard Rd., Culvert Replacement, Loggers Creek

Katie Gibble Ada County Highway District (ACHD) 1301 N. Orchard St.

Boise, Idaho 83706

Dear Ms. Gibble:

We have determined that your proposed project ACHD, Mallard Rd., Culvert Replacement is authorized in accordance with Department of the Army (DA) Nationwide Permit (NWP) No. 14: Linear Transportation Projects. This project is located near the 200 block of East Mallard Drive, within Section 14 of Township 3 North, Range 2 East, near coordinates 43.59595º N latitude and -116.180361º W longitude, in Boise, Ada County, Idaho. Please refer to File Number NWW-2021-00556 in all future correspondence with our office regarding this project.

Project activities may include the discharge of fill material within Loggers Creek, which may be considered a water of the United States. The purpose of the project is to replace existing dual corrugated-metal culverts. The work will entail removal of the two

(2) existing culverts, headwalls, and embankment materials; installation of concrete footings for the new cast-in-place open-bottom, box culvert and wingwalls; and stream bed channel restoration and grading. The work will result in the discharge of approximately 18 cubic yards of fill material (6.48 cubic yards of dirt and topsoil; 0.138 cubic yards of concrete; 11.250 cubic yards of biofilter bags) within Loggers Creek. All work shall be done in accordance with the enclosed drawings, titled: NWW-2021- 00556_Drawings.

DA permit authorization is necessary because your project may involve the discharge of dreged and fill material into waters of the U.S. This authorization is outlined in Section 404 of the Clean Water Act (33 U.S.C. 1344).

- 2 -

You must comply with all general, regional, and special conditions, for this verification letter to remain valid and to avoid possible enforcement actions. The general and regional permit conditions for NWP No. 14: Linear Transportation Projects are attached and also available online1. In addition, you must also comply with the special conditions listed below.

The following Special Conditions include:

1) Permittee shall ensure that all work done below the ordinary high-water mark is performed in the dry in order to reduce turbidity and sedimentation impacts to downstream resources.

2) Permittee shall ensure that any and all excavated material not necessary for the construction of the proposed project is removed and taken to an upland area where it will not re-enter a Water of the United States.

3) The permittee is responsible for all work done by any contractor. Permittee shall ensure any contractor who performs the work is informed of and follows all the terms and conditions of this authorization, including any Special Conditions listed above. Permittee shall also ensure these terms and conditions are incorporated into engineering plans and contract specifications.

You must also comply with the conditions detailed in the attached Section 401 Water Quality Certification (WQC) issued by the Idaho Department of Environmental Quality (IDEQ) on December 4, 2020. If you have any questions regarding the conditions set forth in the WQC, please contact IDEQ directly at 208-373-0550, Boise Regional Office.

Nationwide Permit General Condition 30 (Compliance Certification) requires that every permittee who has received NWP verification must submit a signed certification regarding the completed work and any required mitigation. This Compliance Certification form is enclosed for your convenience and must be completed and returned to us within 30 days of your project’s completion.

This letter of authorization does not convey any property rights, or any exclusive privileges and does not authorize any injury to property or excuse you from compliance with other Federal, State, or local statutes, ordinances, regulations, or requirements which may affect this work.

1 http://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Nationwide-Permits/ http://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Nationwide-Permits/

- 3 -

This verification is valid until March 14, 2026, unless the NWP is modified, suspended or revoked. If your project, as permitted under this NWP verification, is modified in any way you must contact our office prior to commencing any work activities. In the event that you have not completed construction of your project by March 14, 2026, please contact us at least 60-days prior to this date. A new application and verification may be required.

We actively use feedback to improve our delivery and provide you with the best possible service. If you would like to provide feedback, please take our online survey2.

If you have questions or if you would like a paper copy of the survey, please contact the Walla Walla District Regulatory. For more information about the Walla Walla District Regulatory program, you can visit us online3.

If you have any questions or need additional information about this permit authorization, you can contact me by phone at (208) 433-4497, by mail at the address in the letterhead, or email at Carolyn.D.Smith@usace.army.mil.

Sincerely, Christen Marve Griffith Project Manager, Regulatory Division

Encls Transfer of Nationwide Permit Form Compliance Certification Drawings: NWW-2021-00556_Drawings Nationwide Permit 14

2 https://regulatory.ops.usace.army.mil/customer-service-survey/ 3 http://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/ https://regulatory.ops.usace.army.mil/customer-service-survey/ http://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/

TRANSFER OF NATIONWIDE PERMIT

When the structures or work authorized by this Nationwide Permit, NWW-2021-00556, ACHD, Mallard Rd., Culvert Replacement, are still in existence at the time the property is transferred. The terms and conditions of this Nationwide Permit, including any special conditions, will continue to be binding on the new owner(s) of the property.

To validate the transfer of this Nationwide Permit, the associated liabilities and compliance with the terms and conditions the transferee must sign and date below.

Name of New Owner:

Street Address:

Mailing Address:

City, State, Zip:

Phone Number:

Signature of TRANSFEREE DATE

COMPLIANCE CERTIFICATION

US Army Corps of Engineers Walla Walla District

Permit Number: NWW-2021-00556

Name of Permittee: Katie Gibble, Ada County Highway District

Date of Issuance: February 28, 2022

Upon completion of the activity authorized by this permit and any mitigation required by the permit, please sign this certification and return it to the following address:

U.S. Army Corps of Engineers Walla Walla District Boise Regulatory Office 720 East Park Blvd., Suite 245 Boise, Idaho 83712-7757

Please note that your permitted activity is subject to a compliance inspection by a U.S.

Army Corps of Engineers representative. If you fail to comply with all terms and conditions of this permit, the permit is subject to suspension, modification, or revocation and you are subject to an enforcement action by this office.

I hereby certify that the work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of the said permit. The required mitigation was also completed in accordance with the permit conditions.

Signature of PERMITEE DATE

\\DC1VS01\GISPROJ\A\ADA COUNTY\MALLARDBRIDGE\MALLARDBRIDGE_8X11_VICINITY.MXD GTWIGG 8/31/2021 4:21:56 PM

0 200 400

Feet

Study Area Figure 1.

Applicant: Ada County Highway District Mallard Avenue Bridge #1339. Project Number 221019 Waterway: Loggers Creek Proposed Activity: Linear Transportation Project Sec. 14 T. 003N R. 002E Sheet 1 of 3 Date: 08/31/2021

\\DC1VS01\GISPROJ\A\ADA COUNTY\MALLARDBRIDGE\MALLARDBRIDGE_8X11_COFFERS.MXD GTWIGG 9/23/2021 1:16:35 PM

0 15 30

Feet

Ordinary High Water Mark

Wetlands

Temporary Impacts to WL-A

Permanent Impact to Loggers Creek

Temporary Impacts to Loggers Creek

Figure 2.

Applicant: Ada County Highway District Mallard Avenue Bridge #1339. Project Number 221019 Waterway: Loggers Creek Proposed Activity: Linear Transportation Project Sec. 14 T. 003N R. 002E Sheet 2 of 3 Date: 09/23/2021

3 ft.

3 ft.

24" CMP

WL-A TEMPORARY IMPACT AREA = 0.001 ACRES

WL-A TEMPORARY WETLAND FILL VOLUME = 4.60 CUYD

LOGGERS CREEK PERMANENT DIRECT IMPACT FILL AREA = 0.019 ACRES

LOGGERS CREEK PERMANENT IMPACT FILL VOLUME = 6.48 CUYD

LOGGERS CREEK TEMPORARY IMPACT AREA (PIPE) = 0.004 ACRES

LOGGERS CREEK TEMPORARY IMPACT VOLUME (PIPE) = 0.138 CUYD

LOGGERS CREEK TEMPORARY IMPACT AREA (COFFER DAM) = 0.001 ACRES

LOGGERS CREEK TEMPORARY IMPACT VOLUME (COFFER DAM) = 6.65 CUYD

815 sqft, 45 cuyd

1.15cuyd 6.48 cuyd

10.37 cuyd

\\DC1VS01\GISPROJ\A\ADA COUNTY\MALLARDBRIDGE\MALLARDBRIDGE_8X11_XSECTION.MXD GTWIGG 9/22/2021 12:58:49 PM

Figure 3.

Applicant: Ada County Highway District Mallard Avenue Bridge #1339. Project Number 221019 Waterway: Loggers Creek Proposed Activity: Linear Transportation Project Sec. 14 T. 003N R. 002E Sheet 3 of 3 Date: 08/31/2021

6.48 cuyd

Mallard Bridge Placement

Mallard Bridge Existing Conditions

Structure and Roadway Removal (45 cuyd)

Stream and Material Removal (10.37 cuyd)

Loggers Creek Permanent Fill Volume =

6.48 cuyd (Stream and Material Placement)

NATIONWIDE PERMIT 14

Linear Transportation Projects:

Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.

This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.

Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge of dredged or fill material in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404)

Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d).

Note 2: Some discharges of dredged or fill material for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).

Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23).

WATER QUALITY CERTIFICATION, NWP 14:

Agency responsible for administration of water quality, based on project location is listed below. If DENIED, then an Individual Water Quality Certification or Waiver of Certification is required, prior to the commencement of any work activities and/or issuance of a DA verification, authorization and/or permit.

State of Idaho: PARTIALLY DENIED; activities requiring a Pre-Construction Notification (PCN) for NWP 14 are not certified.

Coeur d’Alene Tribal Lands: DENIED

Shoshone-Bannock Tribal Lands: DENIED

U.S. Environmental Protection Agency for all other Tribal Lands: PARTIALLY DENIED: activities are denied when the project will result in:

• Greater than 1/10 acre of impacts to waters of the U.S.; or

• Greater than 300 linear feet of impacts to waters of the U.S.

2021/2022 Nationwide Permits

Regional Conditions Walla Walla District Regulatory Division (State of Idaho)

January 13, 2021

The following Nationwide Permit (NWP) regional conditions are required in the state of Idaho and apply to all 2021/2022 NWPs1. Regional conditions are established by individual Corps Districts to ensure projects result in no more than minimal adverse impacts to the aquatic environment and to address local resources concerns. This document also includes regional additions to the NWP General Conditions, notification procedures pertaining to certain NWP’s, and regional additions to the definitions.

REGIONAL CONDITIONS

A. Watersheds Requiring Pre-Construction Notification, Specific to Anadromous Fish

This Regional Condition applies to all 2021/2022 NWPs.

• Pre-construction notification (PCN) will be required for the above listed nationwide permits in the geographic area as shown on Figure 1: Watersheds Requiring Pre-

Construction Notification, dated January 6, 2021.

B. Vegetation Preservation and Replanting

• To avoid impacts to aquatic habitat and to reduce sedimentation and erosion, permittee shall avoid and minimize the removal of vegetation in waters of the U.S.

to the maximum extent practicable. Areas subject to temporary vegetation removal in waters of the U.S. during construction shall be replanted with appropriate native2 species by the end of the first growing season, unless conditioned otherwise.

Permittee shall avoid introducing or spreading noxious or invasive plants3.

• Replanted vegetation that does not survive the first growing season shall be replanted before the end of the next growing season. Re-plantings shall continue to occur until desired vegetation densities are achieved. Re-vegetation densities should be based on reference conditions.

1 For the list of 2021/2022 Nationwide Permits please see: https://www.nww.usace.army.mil/Business-With-Us/Regulatory- Division/Nationwide-Permits/ 2 Idaho Department of Transportation, Native Plants for Idaho Roadside Restoration and Revegetation Programs:

https://itd.idaho.gov/wp-content/uploads/2016/06/RP171Roadside_Revegetation.pdf 3 U.S. Department of Agriculture, Natural Resource Conservation Service Plant Database of introduced, invasive, and noxious plants for Idaho: https://plants.usda.gov/java/noxious?rptType=State&statefips=16.

https://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Nationwide-Permits/ https://www.nww.usace.army.mil/Business-With-Us/Regulatory-Division/Nationwide-Permits/ https://itd.idaho.gov/wp-content/uploads/2016/06/RP171Roadside_Revegetation.pdf https://plants.usda.gov/java/noxious?rptType=State&statefips=16

C. De-watering & Re-watering (as applicable)

• Cofferdams shall be constructed of non-erosive material such as concrete jersey barriers, bulk bags, water bladders, sheet pile, and other similar non-erosive devices.

Cofferdams may not be constructed by using mechanized equipment to push streambed material through flowing water.

• Diversion channels constructed to bypass flow around the construction site shall be lined with plastic, large rock, pipe or otherwise protected from erosion prior to releasing flows into or through the diversion channel.

• Water removed from within the coffered area shall be pumped to a sediment basin or otherwise treated to remove suspended sediments prior to its return to the waterway.

• To prevent unwanted passage of state or federally-protected fish, if present, from the coffered area, Water pipe intakes shall be screened with openings measuring < 3/32 inch to prevent entrainment of fish trapped in the coffered area.

• Should fish be present within the coffered areas contact your local Idaho Department of Fish and Game (IDFG) office prior to performing fish removal or salvage. Fish shall be collected by electrofishing, seining or dip net, or otherwise removed and returned to the waterway upstream of the project area. If electrofishing is used, the National Marine Fisheries Service (NMFS) guidelines for electrofishing should be followed4, unless conditioned otherwise.

• Stream channels that have been dewatered during project construction shall be re-watered slowly to avoid lateral and vertical erosion of the de-watered channel, prevent damage to recently reclaimed work areas and/or damage to permitted work.

• Temporary stockpiles in waters of the United States shall be removed in their entirety so as not to form a berm or levee parallel to the stream that could confine flows or restrict overbank flow to the floodplain.

D. In-Water Structures and Complexes

• PCN notification in accordance with General Condition 32 is required for all non-federal applicants with activities involving gabion baskets placed below the ordinary high water mark.

• Stream meanders, riffle and pool complexes, pool stream structures, rock/log barbs, rock J-hooks, drop structures, sills, engineered log jams or similar structures/features when used shall be site specifically designed by an appropriate professional with experience in hydrology or fluvial geomorphology.

4 Guidelines for Electrofishing Waters Containing Salmonids Listed Under the Endangered Species Act (June 2000) http://www.westcoast fisheries.noaa.gov/publications/reference_documents/esa_refs/section4d/electro2000.pdf http://environment.transportation.org/pdf/programs/ph17%20esa%20final.pdfhttp:/www.westcoast/

E. Temporary Sidecasting

• Materials from exploratory trenching and installation of utility lines may be temporarily side cast into a de-watered coffered area for up to 30 days but not within flowing waters. Material from exploratory trenching and installation of utility lines in wetlands may be temporarily side cast for up to 30 days.

F. Suitability of Sediments for Open Water Disposal and us as Fill

• Sampling for determination of suitability of sediments for open water disposal or for use as fill, must comply with the Sediment Evaluation Framework for the Pacific Northwest (SEF)5.

G. Avoidance and Minimization

• In addition to information required under General Condition 32(b), the applicant shall include information about previous discharges of fill material into waters of the United States within the project area. This is only for non-federal applicants where a PCN is required.

• Discharges of dredged or fill material into waters of the U.S., including wetlands, to meet set back requirements are not authorized under NWP.

H. Erosion Control

• Erosion control blanket or fabric used in or adjacent to waters of the U.S. shall be comprised of biodegradable material, to ensure decomposition and reduced risk to fish, wildlife and public safety, unless conditioned otherwise. If the applicant proposes to use materials other than as indicated above they must demonstrate how the use of such materials will not cause harm to fish, wildlife and public safety.

I. Reporting Requirement for Federal Permittees

• Federal Agencies with projects that require compensatory mitigation for loss of waters of the U.S. and who propose to purchase credits from an approved wetland and/or stream mitigation bank must provide proof of purchase within 30 days of when the credits were purchased. Purchase of credits from an approved mitigation bank must be IAW the Mitigation Banking Instrument of Record.

5 Northwest Regional Sediment Evaluation Team (RSET) 2016. Sediment Evaluation Framework for the Pacific Northwest.

Prepared by the RSET Agencies, July 2016, 160 pp plus appendices. http://nwd.usace.army.mil/Missions/Civil- Works/Navigation/RSET/SEF http://nwd.usace.army.mil/Missions/Civil-Works/Navigation/RSET/SEF http://nwd.usace.army.mil/Missions/Civil-Works/Navigation/RSET/SEF

REGIONAL ADDITIONS TO THE GENERAL CONDITIONS

General Condition 4. Migratory Bird Breeding Areas. Regional Addition: For additional information please contact the US Fish and Wildlife Service at the following field office locations: State Office (Boise) at (208) 387-5243; Northern Idaho Field Office (Spokane) at

(509) 891-6839; or the Eastern Idaho Field Office (Chubbuck) at (208) 237-6975.

https://www.fws.gov/idaho/promo.cfm?id= 177175802

General Condition 6. Suitable Material. Regional Addition: Erosion control blanket or fabric used in or adjacent to waters of the U.S. shall be comprised of biodegradable material, to ensure decomposition and reduced risk to fish, wildlife and public safety, unless conditioned otherwise. If the applicant proposes to use materials other than as indicated above they must demonstrate how the use of such materials will not cause harm to fish, wildlife and public safety.

General Condition 9. Management of Water Flows. Regional Addition: To obtain information on State of Idaho definition of high water refer to Idaho Department of Water Resources (IDAPA 37.03.07. Rule 62.03.04.a). For culverts or bridges located in a community qualifying for the national flood insurance program, the minimum size culvert shall accommodate the 100-year flood design flow frequency (IDAPA 37.03.07. Rule 62.03.04.c).

General Condition 12. Soil Erosion and Sediment Controls. Regional Addition: For additional information refer to the Idaho Department of Environmental Quality Catalog of Stormwater Best Management Practices for Idaho Cities and Counties, available online at: https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/guidance/.

General Condition 18. Endangered Species. Regional Addition: For additional information on ESA listed species in north Idaho please contact the US Fish and Wildlife Service (USFWS) Northern Idaho Field Office (Spokane) at (509) 893-8009, for all other counties in Idaho contact the USFWS State Office (Boise) at (208) 378-5388.

General Condition 20. Historic Properties. Regional Addition: Property is generally considered “historic” if it is at least 50 years old, and is not limited to buildings. For additional information on the potential for cultural resources in proximity to the project site, contact the Idaho State Historic Preservation Office at (208) 334-3847 located in Boise, Idaho.

https://www.fws.gov/idaho/promo.cfm?id=%20177175802 https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/guidance/ https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/guidance/

NOTIFICATION PROCEDURES BY THE CORPS FOR CERTAIN

NATIONWIDE PERMITS

Waivers: For nationwide permits with a waiver provision, District coordination with Idaho Department of Environmental Quality (IDEQ) and Environmental Protection Agency (tribal lands) will be conducted prior to the District Engineer making a waiver determination to ensure the proposed activity is in compliance with Section 401 Water Quality Standards.

Select Waters and Wetlands: The Corps will coordinate with the Idaho Department of Fish and Game (IDFG) for activities in the following waters and wetlands that require notification and are authorized by NWP:

• Waters: Waters: Anadromous waters as shown on Figure 1: Watersheds Requiring Pre-Construction Notification, dated January 6, 2021; Henry’s Fork of the Snake River and its tributaries; South Fork Snake River and its tributaries; Big Lost River and its tributaries upstream of the US 93 crossing; Beaver, Camas, and Medicine Lodge Creeks; Snake River; Blackfoot River above Blackfoot Reservoir; Portneuf River; Bear River; Boise River including South Fork, North Fork and Middle Fork;

Payette River including South Fork, North Fork and Middle Fork; Coeur d’Alene River, including the North Fork; St. Joe River; Priest River; Kootenai River; Big Wood River; and Silver Creek and its tributaries.

• Wetlands identified in Idaho Department of Fish and Game, Wetland Conservation Strategy as Class I, Class II and Reference Habitat Sites6.

• Wetlands identified in the Idaho Wetland Conservation Prioritization Plan-20127.

NWP 27-Aquatic Habitat Restoration, Establishment, and Enhancement Activities

Prior to verification, the Corps will coordinate the project with the Idaho Department of Fish and Game for activities in perennial, fish bearing streams.

6 Idaho Department of Fish and Game (IDFG) Wetland Conservation Strategies have been developed for the Henrys Fork Basin, Northern Idaho, Big Wood River, Southeast Idaho, East-Central Idaho and Spokane River Basin, Middle and Western Snake River and tributaries, and the Upper Snake River–Portneuf Drainage, Weiser River Basin, and West Central Mountain Valleys and adjacent wetlands. Closed basins of Beaver-Camas Creeks, Medicine Lodge Creek, Palouse River and lower Clearwater River sub-basins, Middle Fork and South Fork Clearwater Basins and Camas Prairie in northern Idaho. Refer to the internet site at: http://fishandgame.idaho.gov/content/page/wetlands-publications-idaho-natural-heritage-program#reports 7 Murphy, C., J. Miller and A. Schmidt. 2012. https://parksandrecreation.idaho.gov/sites/default/files/uploads/ documents/SCORTP/Update/Apdx%20.%20Wetlands%Priority%Plan%20(Part %20I)%Compressed1.pdf http://fishandgame.idaho.gov/content/page/wetlands-publications-idaho-natural-heritage-program%23reports http://fishandgame.idaho.gov/content/page/wetlands-publications-idaho-natural-heritage-program%23reports https://parksandrecreation.idaho.gov/sites/default/files/uploads/%20documents/SCORTP/Update/Apdx%20.%20Wetlands%25Priority%25Plan%20(Part%20%20I)%25Compressed1.pdf https://parksandrecreation.idaho.gov/sites/default/files/uploads/%20documents/SCORTP/Update/Apdx%20.%20Wetlands%25Priority%25Plan%20(Part%20%20I)%25Compressed1.pdf

Figure 1

2021 Nationwide Permit General Conditions

Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

1. Navigation

(a) No activity may cause more than a minimal adverse effect on navigation.

(b) Any safety lights and signals prescribed by the U.S.

Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps…