ENVIRONMENTAL_DOCUMENTS.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS

BOISE REGULATORY OFFICE

720 EAST PARK BOULEVARD, SUITE 245

BOISE, IDAHO 83712-7757

September 4, 2025

WALLA WALLA DISTRICT

REGULATORY DIVISION

SUBJECT: NWW-2025-00074, ACHD, Munger Rd. Bridge #1005 and #2001 Replacements

Logan Hansen, Environmental Programs Coordinator Ada County Highway District 3775 Adams Street Garden City, Idaho 83714

Dear Mr. Hansen:

We have determined that your proposed project, ACHD, Munger Rd. Bridge #1005 and #2001 Replacements, is authorized in accordance with Department of the Army (DA) Nationwide Permit (NWP) No. 14: Linear Transportation Projects. This project is located within Section 6 of Township 4 North, Range 1 West, near coordinates 43.708122º N latitude and -116.502847º W longitude, in Star, Ada County, Idaho.

Please refer to File Number NWW-2025-00074 in all future correspondence with our office regarding this project.

Project activities include the discharge of fill material into Drain 10 (also known as the South Middleton Canal and Dry Creek Canal), Middleton Canal (Also known as the Middleton Mill Ditch and Canyon Hill Canal), and an unnamed irrigation ditch, all of which may be considered waters of the United States. The purpose of the project is to upgrade existing infrastructure to support road widening and the construction of a new intersection.

The work will entail removing the crossings at Drain 10 and the Middleton Canal and replacing them with precast box culverts to allow for road widening, sidewalk expansion and the construction of a roundabout. Ripap will be installed at both locations to prevent scour around the new structures. The unnamed irrigation ditch culvert will be lengthened 16’ to the east and 24’ to the west to accommodate wider alignment.

Proposed project activities will result in the discharge of 255 CY of fill material, impacting a combined total of 0.086 acres of water resources. All work shall be done in accordance with the enclosed drawings, titled: Munger Rd. Bridges #1005 and #2001 Maps and Designs, dated March 4, 2025.

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AUTHORITY

DA permit authorization is necessary because your project may involve the discharge of 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).

PERMIT CONDITIONS

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:

Special Condition 1: The permittee is responsible for all work done by any contractor.

The permittee shall ensure any contractor who performs the work is informed of and follows all the terms and conditions of this authorization. The permittee shall also ensure these terms and conditions are incorporated into engineering plans and contract specifications.

WATER QUALITY CERTIFICATION

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.

COMPLIANCE CERTIFICATION

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.

LIMITATIONS OF THIS VERIFICATION

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/

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EXPIRATION OF THIS VERIFICATION

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.

SERVICE SURVEY

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 208-433-4469, by mail at the address in the letterhead, or email at Sarah.v.windham@usace.army.mil. For informational purposes, a copy of this letter has been sent to: Meghan Cline with the Idaho Department of Environmental Quality, and Katie Gibble with the Idaho Department of Water Resources.

Sincerely, Sarah V. Windham Project Manager, Regulatory Division

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/

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Encls Transfer of Nationwide Permit Form Compliance Certification Maps and Drawings: Munger Rd. Bridges #1005 and #2001 Maps and Designs, dated March 4, 2025.

Nationwide Permit No. 14: Linear Transportation Projects General and Regional

Conditions IDEQ General Water Quality Certification dated December 04, 2020

TRANSFER OF NATIONWIDE PERMIT

When the structures or work authorized by this Nationwide Permit, NWW-2025-00074 ACHD, Munger Rd. Bridge #1005 and #2001 Replacements, 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

Map 1 – Project Location and Project Area

Project Area

Township 4 North, Range 1 East Section 6

Middleton/Star USGS 1998 7.5 Series N

Munger Rd. Bridges #1005 and #2001 Ada County, Idaho March 4, 2025 Sheet 1 of 6

Map 2 Project Overview Map

Project Area

GOOGLE Map Accessed July 14, 2024 N

Munger Rd. Bridges #1005 and #2001 Ada County, Idaho

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Revisions: S I G N A T U R E S

D E T A I L T I T L E

Situation & Layout

S1Sheet Ada County Highway District Project Number: 224008 Project Name: MUNGER ROAD BRIDGE #1005

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Activity 1 Culvert extended 8' on east end & 25.5' riprap/CIP apron added

Activity 1 Culvert extended 16.67' on west end & 25.5' riprap/CIP apron added

Munger Rd. Bridges #1005 and #2001 Ada County, Idaho

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+50 12.00'Rt.

+31 12.00'Rt.BEGIN CONSTRUCTION

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END CONSTRUCTION

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EP: 6+00.00

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Revisions: Design By: J. Graves Date: 1/31/2025 Date: 1/31/2025 Drawn By: P. Consalvo Survey By: G. Bailey Date: 1/31/2025

Ada County Highway District Project Number:

BENCH MARKS:

TBM #1: 3" ALUMINUM CAP (ADA COUNTY

X=2425929.730 Y=744491.350 Z=2463.190

3775 Adams Street, Garden City, Idaho, 83714 www.achdidaho.org Project Number: 224008 Project Name: Munger Rd Bridge #2001 4 Of 9Sheet

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Plan Scale 1"=40'

8N MUNGER RD

Loose Riprap, Item 206.4.1.H.3

Removal of Pipe, 30 LF, Item 201.4.1.E.1

Saw Cut Of Existing Pavement, Incidental To Item 202.4.1.A.1

Riprap/Erosion Control Geotextile, Item 2050.4.1.B.1

24"X38" Storm Drain/Culvert/Gravity Irrigation Pipe, Class HE-III Reinforced Concrete (RCP), Item 601.4.1.A.1

Gravel Repair, Item SP 2020

Retain and Protect

1. See ESC Plans For Erosion Control Measures.

2. See Approach Plans For Approach Details

S0406347000 12016

KRUG FAMILY TRUST

5/26/22

R9262210010 12101

LODGE WILLIAM &

KELLY FAMILY TRUST

03/02/2022

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R8108200620 11953

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5/26/22

R9262210020

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03/02/2022

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Munger Rd. Bridges #1005 and #2001 Ada County, Idaho March 3, 2025 Sheet 4 of 6

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Revisions: Design By: C. McAlister Date: 01/31/2025 Date: 01/31/2025 Drawn By: K. Parker Survey By: G. Bailey Date: 01/31/2025

Ada County Highway District Project Number:3775 Adams Street, Garden City, Idaho, 83714 www.achdidaho.org Project Number: 224008 Project Name: Munger Rd Bridge #2001 6 Of 9Sheet

CULVERT CROSSING (STA 4+25.00) PROFILE VIEW

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STA/OFF: 4+18.40, 44.96' LT

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STA/OFF: 4+18.21, 21.48' LT

EX. IE: 2458.49

STA/OFF: 4+21.45, 28.26' RT

IE: 2458.62

STA/OFF: 4+22.03, 43.02' RT

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WATER MAIN PIPEEXISTING GAS LINE

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Munger Rd. Bridges #1005 and #2001 Ada County, Idaho March 3, 2025 Sheet 5 of 6

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Revisions: S I G N A T U R E S

D E T A I L T I T L E

Situation & Layout

S1Sheet Ada County Highway District Project Number: 224008 Project Name: MUNGER ROAD BRIDGE #2001

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Activity 3 Culvert extended 25.5' on west end & 25' riprap/CIP apron added Activity 3

Culvert extended 26.25' on east end & 25' riprap/CIP apron added

Munger Rd. Bridges #1005 and #2001 Ada County, Idaho

Sheet 6 of 6

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 of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. Aquatic Life Movements No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

3. Spawning Areas Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.

Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds

No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

7. Water Supply Intakes No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

8. Adverse Effects From Impoundments If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

11. Equipment Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date.

Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.

13. Removal of Temporary Structures and Fills Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers

(a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river.

Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S.

Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).

Information on these rivers is also available at:

http://www.rivers.gov/.

17. Tribal Rights No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

18. Endangered Species

(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR

402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.”

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.

The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be http://www.rivers.gov/ affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non- Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.

(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/ pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties

(a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.

The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.

Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)).

When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties.

Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)).

http://www.fws.gov/ http://www.fws.gov/ipac http://www.nmfs.noaa.gov/

Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties.