Environmental_Documents_-_Eckert_Road_Bridge_-_Boise_River_-LILB.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS

BOISE REGULATORY OFFICE

720 EAST PARK BOULEVARD, SUITE 245

BOISE, IDAHO 83712-7757

March 23, 2026

WALLA WALLA DISTRICT

REGULATORY DIVISION

SUBJECT: NWW-2025-00082, Eckert Road Bridge, Boise River, LILB

Logan Hansen Ada County Highway District 5800 N. Meeker Avenue Boise, Idaho 83713

Dear Mr. Hansen:

We have determined that your proposed project, Eckert Road Bridge, Boise River, LILB, is authorized in accordance with Department of the Army (DA) Nationwide Permit (NWP) No. 14: Linear Transportation Projects. This project is located within Section 29 of Township 3 North, Range 3 East, near coordinates 43.565407º N latitude and -116.132608º W longitude, in Boise, Ada County, Idaho. Please refer to File Number NWW-2025-00082 in all future correspondence with our office regarding this project.

Project activities include the discharge of fill material into the Ridenbaugh Canal, Boise River, and abutting wetlands, all of which may be considered waters of the United States. The purpose of the project is to replace two bridge crossings to support the widening and realignment of Eckert Road.

The work occurring in the Boise River includes the removal of the existing bridge and in-water piers, the construction of new bridge piers and abutments, the installation of a new 364-foot long, 61.5-foot wide three-span prestressed concrete girder bridge, and the placement of riprap and embankment fill at the south abutment. The work will require temporary dewatering of the Boise River using a cofferdam, which will be removed once construction activities are concluded.

The work occurring in the Ridenbaugh canal includes removing the existing two-span bridge and one existing pier located within the canal and the placement of a single-span bridge. All impacts to the Ridenbaugh Canal will be temporary.

- 2 -

Project activities will permanently impact 0.025-acre of the Boise River and 0.019-acre of wetlands, permanently impacting 0.044-acre of aquatic resources. Additionally, the work will temporarily impact 0.042-acre of wetlands, 0.656-acre of the Boise River and 0.048-acre of the Ridenbaugh Canal, resulting in a total temporary impact to 0.703-acre of aquatic resources.

All work shall be done in accordance with the enclosed drawings, titled: Eckert Road Bridges Maps and Designs, dated January 2026.

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: Your permit has been issued while Monarch Butterfly is proposed as "threatened" under the Endangered Species Act (ESA). Should the Monarch Butterfly be listed under the ESA prior to the completion of the project please contact the U.S. Army Corps of Engineers for an evaluation of effect determination.

Special Condition 2: Your permit has been issued while Suckley's Cuckoo Bumble Bee is proposed as "endangered" under the Endangered Species Act (ESA). Should the Suckley's Cuckoo Bumble Bee be listed under the ESA prior to the completion of the project, please contact the U.S. Army Corps of Engineers for an evaluation of effect determination.

Special Condition 3: Cofferdam material shall be removed from the channel, upon completion of the project, and deposited in an upland location where it will not reenter a water of the United States.

Special Condition 4: The permittee is responsible for all work done by any contractor or agent. The permittee shall ensure any contractor who performs the work is informed of and follows all the terms and conditions of this authorization.

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 -

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 16, 2025. 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.

EXPIRATION OF THIS VERIFICATION

This verification is valid until March 15, 2031, 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 15, 2031, 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.

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/

- 4 -

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, Katie Gibble with the Idaho Department of Water Resources, LHTAC, and Katie Krajicek, designated agent with HDR Engineering, Inc.

Sincerely, Sarah V. Windham Project Manager, Regulatory Division

Encls Transfer of Nationwide Permit Form Compliance Certification Maps and Drawings: Eckert Road Bridges Maps and Designs, dated January 2026.

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

Conditions IDEQ General Water Quality Certification dated December 16, 2025

TRANSFER OF NATIONWIDE PERMIT

When the structures or work authorized by this Nationwide Permit, NWW-2025-00082 Eckert Road Bridge, Boise River, LILB, 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

KN 12806

ID

MT

OR

WA

WY

0 0.50.25 Miles

1 inch equals 2,000 feet

Upper Left: 116°9'12"W 43°34'55"N Lower Right: 116°6'35"W 43°32'58"N Datum: WGS 1984 USGS 7.5" Series (2011): Boise South, Lucky Peak [Township/Range/Section]

Map Drawn Date: 7/9/2025 Delineated Date: 6/16/25 Delineated By: Ian Pogue

Project Overview LILB Bridge KN 12806

Eckert Bridge Aquatic Resources

LEGEND

Delineation Boundary

Figure 1- Project VicinityFigure 1- Project Vicinity

KN12806

Greenbelt Crossing

KN12811

Ridenbaugh Canal Class: R4SBC

Acres: 0.18 Linear Feet: 292

Wetland 3a Class: PSS Acres: 0.01

Wetland 3b Class: PFO Acres: 0.06

EXHIBIT A

Boise River Class: R3UB1H

Acres: 1.42 Linear Feet: 245

Wetland 1a Class: PSS Acres: 0.13

Wetland 1b Class: PEM Acres: 0.13

Wetland 2 Class: PSS Acres: 0.22

Wetland 4 Class: PSS Acres: 0.04

Wetland 3a Class: PSS Acres: 0.01

Wetland 3b Class: PFO Acres: 0.06

Wetland 5b Class: PEM Acres: <0.01

Wetland 5a Class: PSS Acres: 0.16

Wetland 5a Class: PSS Acres: 0.16

Wetland 2 Class: PSS Acres: 0.22

DESIGNED

DESIGN CHECKED

DETAILED

DRAWING CHECKED DRAWING DATE:

CADD FILE NAME

COUNTY

KEY NUMBER

SHEET OF

PRINTS ONLY

ARE FOR 8.5" X 11"

SCALES SHOWN

SEC. 29, T.3N., R.3E.

404 PERMIT APPLICATION ENGLISH

Ada County Highway District

404 TEMP IMPACTS.SHT

JANUARY 2026

ECKERT ROAD BRIDGES

W. MEYER

R. WILLIAMS

R. WILLIAMS

W. MEYER 1 4

12806/12811

ADA

411 412 413 414 415 416 417410

EXHIBIT B

TEMPORARY IMPACTS

50 0 50 100

SCALE: 1" = 100'

LEGEND:

(OHW) BOUNDARY

ORDINARY HIGH WATER

TEMP. IMPACTS TO WETLANDS

TEMP. IMPACTS BELOW OHW

DELINEATED WETLAND BOUNDARY

¡ ECKERT ROAD

(BK 12811)

PROPOSED BRIDGE

(TO BE REMOVED)

EXISTING BRIDGE

MSE WALL (TYP.)

B O

IS

E

R

IV

E R

R

ID

E N

B A

U G

H C

A N

A L

(TO BE REMOVED)

EXISTING BRIDGE

(BK 12806)

PROPOSED BRIDGE

(1,052 SF)

PFO WETLAND IMPACT

BRIDGE ABUTMENT

EXCAVATION FOR BOISE RIVER

(796 SF)

PSS WETLAND IMPACT

BRIDGE ABUTMENT AND RETAINING WALL

EXCAVATION FOR BOISE RIVER

(28,555 SF)

BRIDGE AND RIPRAP

CONSTRUCT BOISE RIVER

REMOVE EXISTING BRIDGE,

CONTRACTOR ACCESS AREA,

(2,080 SF)

CHANNEL IMPACT

PIER REMOVAL

NET IMPACT = 1,848 SF; 0.042 ACRE

TEMPORARY IMPACTS TO PSS WETLANDS = 796 SF; 0.018 ACRE

TEMPORARY IMPACTS TO PFO WETLANDS = 1,052 SF; 0.024 ACRE

TEMPORARY IMPACTS TO WETLANDS

NET IMPACT = 30,635 SF; 0.703 ACRE

TEMPORARY IMPACTS BELOW OHW

TOE OF FILL SLOPE (TYP.)

LIMIT

TEMPORARY EXCAVATION

(TO REMAIN)

EXISTING RIPRAP

(TO BE REMOVED)

EXISTING RIPRAP

RIPRAP (TYP.)

GREENBELT PATH

PROPOSED

MSE WALL

SHORING (TYP.)

TEMPORARY

(TO BE REMOVED)

EXISTING RIPRAP

(PRESERVE AND PROTECT)

CONSERVATION AREA

DESIGN CHECKED

DETAILED

DRAWING CHECKED DRAWING DATE:

CADD FILE NAME

COUNTY

KEY NUMBER

SHEET OF

PRINTS ONLY

ARE FOR 8.5" X 11"

SCALES SHOWN

SEC. 29, T.3N., R.3E.

404 PERMIT APPLICATION ENGLISH

Ada County Highway District

404 PERM IMPACTS.SHT

JANUARY 2026

ECKERT ROAD BRIDGES

W. MEYER

R. WILLIAMS

R. WILLIAMS

W. MEYER 2 4

12806/12811

ADA

411 412 413 414 415 416 417410

EXHIBIT C

PERMANENT IMPACTS

50 0 50 100

SCALE: 1" = 100'

LEGEND:

(OHW) BOUNDARY

ORDINARY HIGH WATER

PERM. IMPACTS TO WETLANDS

PERM. IMPACTS BELOW OHW

DELINEATED WETLAND BOUNDARY

¡ ECKERT ROAD

(KN 12811)

PROPOSED BRIDGE

(TO BE REMOVED)

EXISTING BRIDGE

MSE WALL (TYP.)

B O

IS

E

R

IV

E R

R

ID

E N

B A

U G

H C

A N

A L

(TO BE REMOVED)

EXISTING BRIDGE

(KN 12806)

PROPOSED BRIDGE

NET IMPACTS = 825 SF; 0.019 ACRE

PERMANENT IMPACTS TO PSS WETLANDS = 505 SF; 0.012 ACRE

PERMANENT IMPACTS TO PFO WETLANDS = 320 SF; 0.007 ACRE

PERMANENT IMPACTS TO WETLANDS

NET IMPACT = 414 SF; 0.010 ACRE

DRILLED SHAFT CONSTRUCTION = 317 SF; 0.007 ACRE

EXISTING PIER REMOVAL IN THE BOISE RIVER = -600 SF; -0.014

RIPRAP AND EMBANKMENT CONSTRUCTION = 787 SF; 0.018 ACRE

EXISTING PIER REMOVAL IN THE RIDENBAUGH CANAL = -90 SF; -0.002 ACRE

PERMANENT IMPACTS BELOW OHW

(320 SF)

RIPRAP - PFO WETLAND IMPACT

(317 SF, 53 SF EACH)

CHANNEL IMPACT

DRILLED SHAFTS, TYP.

(787 SF)

CONSTRUCTION - CHANNEL IMPACT

RIPRAP AND EMBANKMENT

(505 SF)

PSS WETLAND IMPACT

RETAINING WALL

CONSTRUCT PATH AND

(TO BE REMOVED)

EXISTING RIPRAP(TO REMAIN)

EXISTING RIPRAP

TOE OF FILL SLOPE (TYP.)

(TO BE REMOVED)

EXISTING RIPRAP

PROPOSED GREENBELT PATH

PROPOSED RIPRAP (TYP.)

(TYP.)

BRIDGE EMBANKMENT LIMIT

(PRESERVE AND PROTECT)

CONSERVATION AREA

(600 SF, 75 SF EACH)

(RECAPTURE AREA)

PIER REMOVAL, TYP.

(90 SF)

(RECAPTURE AREA)

PIER REMOVAL

COUNTY

BRIDGE DWG. NO.

KEY NO.

SHEET

OF

SCALES SHOWN

PRINTS ONLY

ARE FOR 11" X 17"

CADD FILE NAME

DRAWING DATE:

DWG. CHECKED

DETAILED

DESIGN CHECKED

DATE DESCRIPTIONNO.

REVISIONS

BRIDGE KEY NO.

DX\prjXXXXX\ProjDev\Bridge\Plans

BY

BRIDGE PLANS

CORRECTIONS

ENGLISH

O R

IG

IN

A L

S T

O R

E D

A T

I

T D

B R

ID

G

E S

E C

T

IO

N

B o is e Id a h o

JANUARY 2026

12806 brSI 001.SHT ADA

TBD

1280691' PRESTRESSED CONCRETE GIRDER BRIDGE

ECKERT ROAD OVER RIDENBAUGH CANAL

DATEDATE SIGNED:

C

O N S T R

U C T

IO

N

F O

R

P R E L

IM

IN

A R

Y

A P P R

O V E D

N O T

ORIGINAL SIGNED BY:

ECKERT ROAD STA. 409+29.73

PLAN

1"=20'-0"

M A

X

IN

S H

L D

V A

R

IE

S

S '3

E

PT 13+69.16

409+00

C A

N A

L R

ID

E N

B A

U G

H

BOISE AVENUETO EAST

WAYMILL

BROOKTO SOUTH

NOTES

LAYOUT LINE UNLESS NOTED OTHERWISE.

DIMENSIONS MEASURED PERPENDICULAR TO BRIDGE

RD. WITHIN BRIDGE AND APPROACH SLAB LIMITS.

DIMENSION MEASURED PERPENDICULAR TO ¡ ECKERT

OF DECK.

DIMENSION MEASURED PERPENDICULAR TO LEFT EDGE

1.

2.

3.

HYDRAULIC DATA

CANAL FLOW

H.W. ELEVATION

VELOCITY

FLOW CONTROLLED BY

550 cfs

2755.50 ft

2.4 fps

NAMPA-MERIDIAN IRRIGATION DISTRICT

2755.50

H.W. ELEV.

¡ ECKERT RD.

CURVE DATA

HORIZONTAL ALIGNMENT

R=425.00'

L=251.27'

T=129.43'

D=13°28'53"

¬=33°52'28" RT.

PI=409+35.71

SITUATION AND LAYOUT

S. WALIMAA

R. BOGGAN

ALONG RIGHT EDGE OF PROPOSED BRIDGE

APPROXIMATE EXISTING GROUND

TO ¡ ECKERT ROAD.

STATIONS AND OFFSETS ARE REPORTED WITH RESPECT4.

ELEVATION

1"=20'-0"

(MEASURED ALONG LAYOUT LINE)

89'-0" ¡ BRG. TO ¡ BRG.

STA. 408+85.51

¡ BRG. ABUT. 1

STA. 409+73.95

¡ BRG. ABUT. 2

ROADWAY PLANS (TYP.)

METAL GUARDRAIL, SEE

COMBINATION RAILING

FINISHED GRADE

1F F

FINISHED GRADE

WINGWALL

HP STEEL PILES (TYP.)

FINISHED GRADE

WINGWALL

MSE WALL

12.6' CLR.

225' VC

V P

C E

L E

V .4

V P

C S

T A

.5

V P

T E

L E

V

.2

V P

T S

T A

.5

-0.5%

-5.0%

ELEV. 2772.85

VPI STA. 409+05.00

S T

A

.3

B E

G

IN

B R

ID

G

E

F .G

E

L E

V

.7

S T

A

.2

E N

D B

R

ID

G E

F .G

E

L E

V

.6

NTS

PROFILE DATA - ¡ ECKERT ROAD

N. McDOWELL

N. McDOWELL

E L

E V

A T

IO

N

F

E E

T

(MEASURED ALONG LAYOUT LINE)

89'-0" ¡ BRG. TO ¡ BRG.

(MEASURED ALONG LAYOUT LINE)

91'-5" OUT-TO-OUT

"2

1'-2 "2

1'-2

¡ BRG. ABUT. 2

C O

M B

R A

IL

IN

G

ROADWAY PLANS (TYP.)

METAL GUARDRAIL, SEE

(DWG. NO. 6404 & 6404-B)

REMOVE EXISTING BRIDGE

POE 14+00

410+00

" 2

" 2

'-2

O

U T

-T O

-O U

T

PARK DRIVEWAY

¡ BARBER

N42°13'44"W

¡ ECKERT ROAD & P.G.L.

STA. 408+82.05, 14.60' LT.

@ LAYOUT LINE

¡ BRG. ABUT. 1

ABUT. 1

¡ BRG.

L A

N E

L A

N E

T U

R N

P A

T H

M U

L T I-

U S

E

R A

IL

IN

G C

O M

B

O

U T

-T O

-O U

T

SLAB (TYP.)

20'-0" APPROACH

F.G. ELEV. 2774.73

STA. 408+84.35

BEGIN BRIDGE

21°00'00" (TYP.)

L A

N E

S H

L D

V A

R

IE

S

A

X

14.77' LT.

STA. 408+80.89,

@ LAYOUT LINE

BEGIN BRIDGE

F.G. ELEV. 2774.69

STA. 408+85.51

¡ BRG. ABUT. 1

F.G. ELEV. 2772.68

STA. 409+75.20

END BRIDGEF.G. ELEV. 2772.69

STA. 409+73.95

¡ BRG. ABUT. 2

(H.W. ELEV.)

VERT. CLR.

POINT OF MIN.

STA. 409+68.48, 11.71' LT.

@ LAYOUT LINE

¡ BRG. ABUT. 2

11.80' LT.

STA. 409+69.65,

@ LAYOUT LINE

END BRIDGE

WALL

MSE

W

F E

N C

E C

O M

B

R A

IL

G

LAYOUT LINE

MARK (OHWM) (TYP.)

ORIDINARY HIGH WATER

LEGEND:

(OHW) BOUNDARY

ORDINARY HIGH WATER

HIGH WATER

LIMITS OF ORDINARY

EXHIBIT D

411 412 413 414 416

COUNTY

BRIDGE DWG. NO.

KEY NO.

SHEET

OF

SCALES SHOWN

PRINTS ONLY

ARE FOR 11" X 17"

CADD FILE NAME

DRAWING DATE:

DWG. CHECKED

DETAILED

DESIGN CHECKED

DATE DESCRIPTIONNO.

REVISIONS

BRIDGE KEY NO.

DX\prjXXXXX\ProjDev\Bridge\Plans

BY

BRIDGE PLANS

CORRECTIONS

ENGLISH

R

IG

IN

A L

S T

O R

E D

A T

I

T D

B R

ID

G

E S

E C

T

IO

N

B o is e Id a h o

JANUARY 2026

12811 brSI 001.SHT ADA

TBD

12811364' PRESTRESSED CONCRETE GIRDER BRIDGE

ECKERT ROAD OVER BOISE RIVER

DATEDATE SIGNED:

C

O N S T R

U C T

IO

N

F O

R

P R E L

IM

IN

A R

Y

A P P R

O V E D

N O T

ORIGINAL SIGNED BY:

ECKERT ROAD STA. 412+42.06

HYDRAULIC DATA

FLOOD DISCHARGE H.W. ELEVATION VELOCITY

DESIGN 50

BASE 100

SCOUR 500

cfs16,600 ft2757.9 ft2759.6 ft2762.2 fps7.1 fps8.0 fps10.0

(Q )

(Q )

(Q )

2780 ELEV. 2759.6

Q H.W.

ELEV. 2757.9

Q H.W.

W. MEYER

S. WALIMAA

SITUATION AND LAYOUT

SPAN 3

119'-6"

SPAN 2

121'-0"

SPAN 1

119'-6"

STA. 410+62.06

¡ BRG. ABUT. 1

STA. 411+81.56

¡ PIER 1

STA. 413+02.56

¡ PIER 2

STA. 414+22.06

¡ BRG. ABUT. 2

360'-0" ¡ BRG. TO ¡ BRG.

ELEVATION

1"=50'-0"

COMBINATION RAILINGFINISHED GRADE

E P P E

E L

E V

A T

IO

N

F

E E

T

(TYP. AT PIERS)

DRILLED SHAFT

FINISHED GRADE

GROUND @ ¡ ECKERT ROAD

APPROXIMATE EXISTING

V P

T E

L E

V

.2

V P

T S

T A

.5

V P

T E

L E

V

.0

V P

C S

T A

.0

F .G

E

L E

V

.0

S T

A

.0

B E

G

IN

B R

ID

G

E

F .G

E

L E

V

.2

S T

A

.0

E N

D B

R

ID

G E

-0.5%

NTS

PROFILE DATA - ¡ ECKERT ROAD

MSE WALL

MSE WALL

SEE ROADWAY PLANS

METAL GUARDRAIL,

cfs11,000 cfs38,800

CURVE DATA - ECKERT ROAD

BRG. OUT=S31°47'13"E

BRG. IN=N24°20'20"E

PT STA.=410+57.55

PC STA.=408+06.28

S=1.5%

R=425.00'

L=251.27'

T=129.45'

¬=33°52'26" RT.

(TYP. AT ABUTMENTS)

DRILLED SHAFT

PLAN

1"=50'-0"

119'-6"121'-0"119'-6" 2'-0"2'-0"

11'-0" LANE

11'-0" TWLT LANE

11'-0" LANEAVENUE

TO EAST BOISE

S H

L D

S H

L D

16'-0" MULTI-USE PATH

RAILING

1'-2" COMB.

1'-2" COMB. RAILING

1'-2" COMB. RAILING

414+00

413+00

411+00

PC

.6

364'-0" OUT-TO-OUT

¡ BRG. ABUT. 1

¡ BRG. ABUT. 2

¡ PIER 1

¡ PIER 2

N58°12'47"E

¡ ECKERT ROAD & P.G.L.

¡ BARBER PARK DRIVEWAY

(DWG. NO. 6404 & 6404-A)

REMOVE EXISTING BRIDGE

U

T -T

O -O

U T

R

IV

E R

B O

IS

E

MSE WALL

MSE WALL

C U

R B

-T O

-C U

R B

SLAB (TYP.)

APPROACH

20'-0"

BEGIN BRIDGE

F.G. ELEV. 2772.07

STA. 410+60.06

¡ BRG. ABUT. 1

F.G. ELEV. 2772.06

STA. 410+62.06

¡ PIER 1

F.G. ELEV. 2771.46

STA. 411+81.56

¡ PIER 2

F.G. ELEV. 2770.85

STA. 413+02.56

¡ BRG. ABUT. 2

F.G. ELEV. 2770.26

STA. 414+22.06

END BRIDGE

F.G. ELEV. 2770.25

STA. 414+24.06

PT 410+57.55

STA. 410+00.00

¡ ECKERT ROAD

STA. 14+00.00 =

DRIVEWAY

¡ BARBER PARK

S '3

E

PT 13+69.16

MILLBROOK WAY

TO SOUTH

RIPRAP (TYP.)

CLR. OVER Q

3.3 MIN. VERT.

CLR. OVER Q

4.9' MIN. VERT.

CANAL BRIDGE

PROPOSED RIDENBAUGH

LEGEND:

(OHW) BOUNDARY

ORDINARY HIGH WATER

HIGH WATER

LIMITS OF ORDINARY

EXHIBIT E

ORDINARY HIGH WATER (OHW) (TYP.)

N. McDOWELL

N. McDOWELL

NATIONWIDE PERMIT 14

Linear Transportation:

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 12 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 for activities that:

• Result in more than 0.1 acre of permanent loss of waters of the United States

• Cause permanent loss of more than 300 linear feet of streambed

• Occur in high-quality (Class 1) wetlands

Coeur d’Alene Tribal Lands: DENIED

Shoshone-Bannock Tribal Lands: DENIED

Shoshone-Paiute Tribal Lands: WAIVED

U.S. Environmental Protection Agency for all other Tribal Lands: PARTIALLY

DENIED

• The project must not involve a discharge into special aquatic resources

• The project must meet the general or NWP specific certification conditions

• If the project requires a Pre-Construction Notification (PCN) it must meet the detailed requirements for plan development, implementation, and reporting as specified in Condition 1

• Bridge projects must adhere to specific design and construction standards, including using established hydraulic design tools, spanning at least 1.2 times the bankfull width, and placing crossings perpendicular to the streamflow where feasible.

2026 Nationwide Permits Regional Conditions

Walla Walla District Regulatory Division (State of Idaho)

March 15, 2026

The following Nationwide Permit (NWP) regional conditions are required in the state of Idaho and apply to all 2026 NWPs.1 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 notes to the NWP General Conditions with local agency contact information and online resources for applicants.

The term “pre-construction notification” or “PCN” used in this document refers to a request submitted by a project proponent to the Corps for confirmation that a particular activity is authorized by NWP. A PCN may be required by the terms and conditions of an NWP (e.g., general conditions) or by regional condition.

REGIONAL CONDITIONS

A. Single and Complete Projects

• When a PCN is required for a project involving multiple phases, the applicant shall include information about previously authorized discharges of fill material into waters of the United States in order for the District to determine the “single and complete project” (defined at 33 CFR 330.2(i)) and evaluate cumulative impacts, as appropriate.

• Discharges of dredged or fill material into waters of the U.S., including wetlands, for the purpose of meeting local setback requirements are not authorized under an NWP.

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 plants.3

1 For the list of 2026 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 Idaho’s Noxious Weeds, 10th Edition, 2022, published by the University of Idaho with Idaho State Dept. of 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

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 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, the applicant shall contact their 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.

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.

• Designs for 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 shall be based on site-specific conditions and include a

Agriculture, Bureau of Land Management, U.S. Forest Service: https://www.uidaho.edu/-/media/uidaho-responsive/files/extension/publications/bul/bul0816.pdf?la=en&rev=c13c535d5c0748c6be789f99dcd0a110.

4 Guidelines for Electrofishing Waters Containing Salmonids Listed Under the Endangered Species Act (June 2000):

https://media.fisheries.noaa.gov/dam-migration/electro2000.pdf https://www.uidaho.edu/-/media/uidaho-responsive/files/extension/publications/bul/bul0816.pdf?la=en&rev=c13c535d5c0748c6be789f99dcd0a110 https://www.uidaho.edu/-/media/uidaho-responsive/files/extension/publications/bul/bul0816.pdf?la=en&rev=c13c535d5c0748c6be789f99dcd0a110 https://media.fisheries.noaa.gov/dam-migration/electro2000.pdf rationale for the proposed structures/features.

E. Temporary Sidecasting

• Excavated materials from trenching activities may not be temporarily sidecast into flowing waters, unless waived by the district engineer, to prevent the release of sediment. Material temporarily sidecast within waters of the U.S., including wetlands, shall be removed within 30 days, unless waived by the District. All practicable measures shall be implemented and maintained during temporary sidecasting activities within waters of the U.S, including wetlands (e.g., utilization of cofferdams, construction mats for equipment access across wetlands, sidecasting material while the ground is frozen, etc.).

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

• 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. Erosion Control

• During construction, and until the site is stabilized, the permittee shall ensure all practicable measures are implemented and maintained to prevent erosion and runoff. Temporary stockpiles of excavated or dredged material shall be stabilized to prevent erosion. Once soils or slopes have been stabilized, permittee shall completely remove and properly dispose of or re-use all non-biodegradable components of installed control measures.

• Permanent erosion control blanket or fabric used to stabilize the banks of waters of the U.S. shall be comprised of biodegradable material, to ensure decomposition and reduced risk to fish, wildlife and public safety, unless waived by the District. If non-biodegradable materials are proposed, the applicant must demonstrate how the use of such materials will not cause harm to fish, wildlife and public safety. Temporary erosion control blanket or fabric may be non-biodegradable.

H. Reporting of Wetland Credits Purchased by Federal Permittees under EO 11990

• Federal agencies with projects that require compensatory mitigation for loss of wetlands under Executive Order 11990: Protection of Wetlands, and who propose to purchase credits from an approved wetland and/or stream mitigation bank must provide proof of purchase to the Corps within 30 days of when the credits are purchased. Purchase of credits from an approved mitigation bank

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

Prepared by the RSET Agencies, finalized May 2018: https://www.nwd.usace.army.mil/Missions/Civil- Works/Navigation/RSET/.

https://www.nwd.usace.army.mil/Missions/Civil-Works/Navigation/RSET/ https://www.nwd.usace.army.mil/Missions/Civil-Works/Navigation/RSET/ must be in accordance with the Mitigation Banking Instrument of Record. This condition applies to all federal projects with wetland credit purchases, even when a PCN is not required.

REGIONAL NOTES TO THE GENERAL CONDITIONS

General Condition 4. Migratory Bird Breeding Areas. For additional information please contact the U.S. Fish and Wildlife Service at (208) 918-2155. Contact information is also available online at: https://www.fws.gov/office/idaho-fish-and-wildlife/contact-us.

General Condition 9. Management of Water Flows. To obtain information on the State of Idaho’s definition of high water, please 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. 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/.

(Note: Use the search tool for “Storm Water Program”.)

General Condition 18. Endangered Species. For information on Endangered Species Act (ESA) listed species in Idaho, please contact the U.S. Fish and Wildlife Service (USFWS) at (208) 918-2155, or the National Marine Fisheries Service (NMFS) at (208) 378-5696. The USFWS manages terrestrial and freshwater species, while the NMFS manages marine and anadromous species under the ESA. To help determine the presence of listed species and/or their critical habitat, online mapping resources are also available at:

• USFWS Information for Planning and Consultation (IPaC):

https://ipac.ecosphere.fws.gov/.

• NMFS National ESA Critical Habitat Mapper:

https://www.fisheries.noaa.gov/resource/map/national-esa-critical-habitat-mapper.

• NMFS Essential Fish Habitat (EFH) Mapper:

https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper.

General Condition 20. Historic Properties. 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, please contact the Idaho State Historic Preservation Office, located in Boise, Idaho, at (208) 334-3847.

https://www.fws.gov/office/idaho-fish-and-wildlife/contact-us https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/guidance https://www.deq.idaho.gov/public-information/laws-guidance-and-orders/guidance https://ipac.ecosphere.fws.gov/ https://www.fisheries.noaa.gov/resource/map/national-esa-critical-habitat-mapper https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper

U.S. ARMY CORPS OF ENGINEERS BUILDING STRONG ®

Regulatory Program

2026 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, including tidal flows. The activity must not restrict or impede the passage of normal or high flows, including tidal 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. If mats are used to minimize soil disturbance, the affected areas must be returned to pre-construction elevations, and revegetated as appropriate. In circumstances where the use of mats has caused significant soil compaction, efforts using techniques (e.g., soil reaeration techniques) to break up the compaction should be employed to return the soil to a pre-construction state prior to returning to pre-construction elevations.

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/.

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.

(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 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 permittee 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 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 on 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.

http://www.fws.gov/ http://www.fws.gov/ipac http://www.nmfs.noaa.gov/pr/species/esa/

(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.