SWPPP.pdf

ACHD Supplied SWPPP Information This information is provided to the Contractor to aid in the preparation of the SWPPP Report and NOI.

1. Project/Site Information

i. Project Name: Franklin Road, McDermott Rd to Black Cat Road

ii. Project Street/Location: Franklin Road, between McDermott to Black Cat

iii. Project Latitude/Longitude: 43º36’16.20” N / 116º27’51.22” W

i. Method for determining latitude/longitude:

USGS topographic map (specify scale: ) EPA Web site GPS

Other (please specify): Google Earth

iv. Additional Project Information:

i. Is the project/site located on Indian country lands, or located on a property of religious or cultural significance to an Indian tribe? Yes No

ii. If yes, provide the name of the Indian tribe associated with the area of Indian country (including the name of Indian reservation if applicable), or if not in Indian country, provide the name of the Indian tribe associated with the property: NA

2. Discharge Information

i. Does your project/site discharge stormwater into a Municipal Separate Storm Sewer

System (MS4)? Yes No

ii. Are there any surface waters that are located within 50 feet of your construction disturbances? Yes No

iii. Names of Receiving Waters:

Name(s) of the first surface water that receives stormwater directly from your site and/or from the MS4 (note: multiple rows provided where your site has more than one point of discharge that flows to different surface waters)

1. N/A

2.

3.

Is this surface water listed as

“impaired”?

If you answered yes, then answer the following:

What pollutant(s) are causing the impairment?

Has a TMDL been completed?

Title of the TMDL document

Pollutant(s) for which there is a

TMDL

1. YES NO YES NO

iv. Describe the method(s) you used to determine whether or not your project/site discharges to an impaired water: Stormwater is retained onsite.

v. Are any of the surface waters to which you discharge designated by the state or tribal authority under its antidegradation policy as a Tier 2 (or Tier 2.5) water (water quality exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water) or as a Tier 3 water (Outstanding Natural Resource

Water)? (See Appendix F). Yes No If yes, name(s) of receiving water(s) and its designation (Tier 2, Tier 2.5 or Tier 3): N/A

3. Nature of the Construction Activity

i. Size of Construction Project: What is the size of the property (in acres), the total area expected to be disturbed by the construction activities (in acres), and the maximum area expected to be disturbed at any one time?

15 Acres

4. Endangered Species Protection:

i. Eligibility Criterion: ☐A ☐B ☒C ☐D ☐E

ii. Include documentation supporting your determination of eligibility.

Supporting Documentation

Provide documentation for the applicable eligibility criterion you select in Appendix D, as follows:

For criterion A, indicate the basis for your determination that no federally-listed threatened or endangered species or their designated critical habitat(s) are likely to occur in your site’s action area (as defined in Appendix A of the permit). Check the applicable source of information you relied upon:

Specific communication with staff of the U.S. Fish & Wildlife Service or National Marine

Fisheries Service.

Publicly available species list.

Other source:

For criterion B, provide the Tracking Number from the other operator’s notification of permit authorization:

Provide a brief summary of the basis used by the other operator for selecting criterion A, B, C, D, E, or F:

For criterion C, provide the following information:

▪ INSERT LIST OF FEDERALLY-LISTED SPECIES OR FEDERALLY-DESIGNATED CRITICAL HABITAT LOCATED IN

YOUR ACTION AREA

• PLANT- Slickspot Peppergrass

• INSECTS – Monarch Butterfly (Candidate)

• NO CRITICAL HABITATS AT THE LOCATION

Also, provide a brief summary of the basis used for determining that your site’s discharges and discharge-related activities are not likely to adversely affect listed species or critical habitat: No Effects Statement for potential Federally-Listed Species within the proposed project was prepared during the pre-project planning phase and to support environmental regulatory compliance. The effects determination evaluated potential impacts to the following species: the Monarch butterfly and slickspot peppergrass. In addition, there is no designated critical habitat within the project area. Refer to the attached

No Effects Statement fir ESA-Listed and Candidate Species for a comprehensive review.

For criterion D, E, or F, attach copies of any letters or other communication between you and the U.S. Fish & Wildlife Service or National Marine Fisheries Service concluding consultation or coordination activities.

5. Historic Preservation:

Step 1

Do you plan on installing any of the following stormwater controls at your site? Check all that apply below, and proceed to Appendix E, Step 2.

Dike

Berm

Catch Basin

Pond

Stormwater Conveyance Channel (e.g., ditch, trench, perimeter drain, swale, etc.)

Culvert

Other type of ground-disturbing stormwater control: N/A

(Note: If you will not be installing any ground-disturbing stormwater controls, no further documentation is required for

Section 3.2 of the Template.)

Step 2

If you answered yes in Step 1, have prior surveys or evaluations conducted on the site already determined that historic properties do not exist, or that prior disturbances at the site have precluded the existence of historic properties? YES NO

▪ If yes, no further documentation is required for Section 3.2 of the Template.

▪ If no, proceed to Appendix E, Step 3.

Step 3

If you answered no in Step 2, have you determined that your installation of subsurface earth-disturbing stormwater controls will have no effect on historic properties?

YES NO

If yes, provide documentation of the basis for your determination.

If no, proceed to Appendix E, Step 4.

Step 4

If you answered no in Step 3, did the State Historic Preservation Officer (SHPO), Tribal Historic

Preservation Office (THPO), or other tribal representative (whichever applies) respond to you within 15 calendar days to indicate whether the subsurface earth disturbances caused by the installation of stormwater controls affect historic properties? YES NO

If no, no further documentation is required for Section 3.2 of the Template.

If yes, describe the nature of their response:

Written indication that adverse effects to historic properties from the installation of stormwater controls can be mitigated by agreed upon actions. N/A

No agreement has been reached regarding measures to mitigate effects to historic properties from the installation of stormwater controls. N/A

Other: N/A http://water.epa.gov/polwaste/npdes/stormwater/upload/cgp2012_finalpermit.pdf http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-Pollution-Prevention-Plans-for-Construction-Activities.cfm http://water.epa.gov/polwaste/npdes/stormwater/upload/cgp2012_finalpermit.pdf http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-Pollution-Prevention-Plans-for-Construction-Activities.cfm

2471 S. Titanium Place | Meridian, ID 83642 | 208.323.2288 | www.ardurra.com

To: Reid Selmer, Project Manager, Ada County Highway District (ACHD)

From: Tamsen Binggeli, Environmental Project Manager, Ardurra Group Inc

Project: Franklin Rd, McDermott Rd to Black Cat Rd in Meridian, Ada County, Idaho

Date: October 5, 2023

RE: No Effect Statements for ESA-Listed and Candidate Species

Purpose This memorandum provides Endangered Species Act (ESA) documentation for the proposed Franklin Rd, McDermott

Rd to Black Cat Rd project.

Section 7 of the ESA aims to ensure federal actions do not jeopardize the continued existence of an endangered or threatened species or designated critical habitat; proposed species and candidate species do not receive statutory protection under Section 7. After a review of project actions, one of the following three determinations will apply:

• “No Effect” means there will be no impacts, positive or negative, to listed species or critical habitat.

Examples of “no effect” include:1

1. No listed species or critical habitat occur anywhere, or at any time, in the action area.

2. The listed species occur in the action area seasonally, but the action will be timed to avoid the presence of listed species and there will be no effect to those species or their critical habitat once they return to the area.

3. listed species or critical habitat occur in the action area and may be present at the time of the project, but there are no plausible routes of effects to the species or critical habitat.

• “May affect, but not likely to adversely affect” means that all effects are beneficial, insignificant, or discountable. Beneficial effects have contemporaneous positive effects without any adverse effects to the species or habitat. Insignificant effects relate to the size of the impact and include those effects that are undetectable, not measurable, or cannot be evaluated. Discountable effects are extremely unlikely to occur.2

• “May affect, likely to adversely affect” means that listed resources are likely to be exposed to the action or its environmental consequences and will respond in a negative manner to the exposure.2

Formal Section 7(a) consultation with the U.S. Fish and Wildlife Service (USFWS) is required if the proposed action significantly affects any threatened or endangered species or designated critical habitats.

The USFWS Information, Planning, and Consultation (IPaC) is a conservation planning tool that provides the ESA-listed, proposed and candidate species for a geographic area. The IPaC species list for the Franklin Rd McDermott to

Black Cat project was obtained on September 27th and is located in Attachment A.

1 National Oceanic and Atmospheric Administration (NOAA). Section 7: Types of Endangered Species Act Consultations in the Greater Atlantic Regio.

Accessed on August 14, 2023. https://www.fisheries.noaa.gov/insight/section-7-types-endangered-species-act-consultations-greater-atlantic-region 2 USFWS Endangered Species Act Federal Project Review- Understanding Effect Determinations. Accessed on August 21, 2023, at https://www.fws.gov/story/endangered-species-act-federal-project-review-understanding-effect-determinations#:~:text=%22May%20affect%2C%20but%20not%20likely,to%20the%20species%20or%20habitat.

https://www.fisheries.noaa.gov/insight/section-7-types-endangered-species-act-consultations-greater-atlantic-region https://www.fws.gov/story/endangered-species-act-federal-project-review-understanding-effect-determinations#:~:text=%22May%20affect%2C%20but%20not%20likely,to%20the%20species%20or%20habitat https://www.fws.gov/story/endangered-species-act-federal-project-review-understanding-effect-determinations#:~:text=%22May%20affect%2C%20but%20not%20likely,to%20the%20species%20or%20habitat

Proposed Project The proposed project will widen Franklin Rd from two to five lanes between Black Cat Rd and McDermott Rd and construct a roundabout at the Franklin Rd and McDermott Rd intersection in Meridian, Idaho. The project area is the

1-mile (5,280 linear feet) length of Franklin Rd by 100 feet wide, which equates to approximately 13.35 acres.

Black Cat Rd and McDermott Rd run perpendicular to Franklin Rd along the eastern and western project boundary, respectively. Refer to Figure 1: Franklin Rd, McDermott Rd to Black Cat Rd, Vicinity Map.

Additional improvements include constructing pedestrian and bicycle travel lanes, a detached 10 foot-wide-multiuse sidewalk, curb and gutter stormwater infrastructure, and continuous roadside lighting. Further, the proposed project will replace the Rosenlof Drain’s crossing with an 18-inch Reinforced Concrete Pipe (RCP) and extend or replace, the

Perkins Drain’s crossing, pending a pre-planning structural assessment.

Environmental Setting A review of Google Earth imagery dating back to 1992, identified land uses within and around the project area to be agricultural. Over the past five years, approximately 800 feet of Franklin Rd was widened to five lanes and developments such as Two Men in a Truck, Outdoor Storage Solutions Inc, and Butte Fencing were constructed along Franklin Rd.

Both the Rosenlof and Perkins Drains flow under Franklin Rd in a northbound direction and drain into the Purdam

Gulch Drain, approximately 0.50 miles north of the project area. Franklin Rd is bordered by one irrigation supply channel (“Irrigation Supply 1”) and one roadside drain (“Roadside Drain 1”) to the north, and two roadside drains

(“Roadside Drain 2” and “Roadside Drain 3”) to the south. All four roadside channels are either intermittently lined with concrete or actively maintained/mowed. One depressional wetland (“Depressional Wetland 1”) is situated approximately 1,000 feet southeast of the Franklin and McDermott intersection. Each aforementioned water resource flows west and conveys agricultural and/or roadside stormwater runoff.

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PROJECT NUMBER

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APPROVED BY

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Figure 1: Franklin Rd, McDermott Rd to Black Cat Rd, Vicinity Map

DATE: 8/16/2023

2471 TITANIUM PLACE

MERIDIAN, ID 83642

PHONE: 208.323.2288 WWW.ARDURRA.COM

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Legend Project Area Depressional Wetland 1 Perkins Drain Purdam Gulch Drain Rosenlof Drain Irrigation Supply 1 Roadside Drain 1 Roadside Drain 2 Roadside Drain 3

Vegetation Herbaceous upland plant communities of cheatgrass (Bromus tectorum), creeping thistle (Cirsium arvense), common sunflower (Helianthus annuus), and prairie fleabane (Erigeron strigosus) are the dominant plant species throughout the project area. Herbaceous wetland plant species like broadleaf cattail (Typha latifolia), curly dock (Rumex crispus), kochia (Bassia scoparia), poison hemlock (Conium maculatum), and reed canarygrass (Phalaris arundinacea) were intermittently observed throughout each water resource. Showy milkweed (Asclepias speciosa) communities reside in the Perkins Drain, Rosenlof Drain, Irrigation Supply 1, and Roadside Drains 1-3

The project area is predominantly developed and includes paved surfaces (Franklin Rd), residential properties, and commercial developments. Five agricultural fields overlap with the project area in some locations. Refer to the Table

1 for a comprehensive list of plant species observed during site reconnaissance on July 25, 2023, and Attachment B for Site Photographs.

Table 1: Plant Species and Indicator Status Summary

Common Name Scientific Name Wetland Classification3

Black cottonwood Populus trichocarpa FAC

Black locust Robinia pseudacaia FACU

Bedstraw Galium bifolium UPL

Broadleaf cattail Typha latifolia OBL

Cheatgrass Bromus tectorum FACU

Common sunflower Helianthus annuus FACU

Coyote willow Salix exigua FACW

Creeping thistle Cirsium arvense FACU

Crested wheatgrass Agropyron cristatum FAC

Curly dock Rumex crispus FACW

False indigo Amorpha fruticose FACW

Himalayan blackberry Rubus armeniacus FACW

Nightshade Solanum dulcamara FAC

Perennial ryegrass Lolium perenne FAC

Poison hemlock Conium maculatum FACW

Prickly lettuce Lactuca Serriola FACU

Reed canarygrass Phalaris arundinacea FACW

Russian olive Elaeagnus angustifolia FAC

Silver maple Acer saccharinum FAC

Spikerush Eleocharis palustris OBL

Wild teasel Dipascus fullonum FAC

Whiplash Willow Salix lucida FACW

Woods Rose Rosa woodsii FACW

Wooly sedge Carex lasiocarpa OBL

Yellow Iris Iris pseudacorus OBL

Yellow sweet clover Melilotus officinalis FACU

3 USACE. 2020. Arid West 2020 National Wetland Plant List. United States Army Corp of Engineers. Accessed on August 15, 2023, at NWPL Home v3.4-f9c

(army.mil) https://cwbi-app.sec.usace.army.mil/nwpl_static/v34/home/home.html https://cwbi-app.sec.usace.army.mil/nwpl_static/v34/home/home.html

Description of Species and Impact Determinations:

Based on the USFWS IPaC species list, ESA candidate monarch butterfly (Danaus plexippus) and ESA threatened slickspot peppergrass (Lepidium papilliferum) may occur within the project area or vicinity (Table 2). The IPaC list did not identify any critical habitat for the project area or vicinity. The IPaC list is specific to the project area and was obtained on September 27, 2023 (Attachment A).

Table 2: IPaC ESA-Listed Species Identified for the Franklin Rd, McDermott Rd to Black Cat Rd Project

Common Name Scientific Name ESA Status

Monarch Butterfly Danaus plexippus Candidate

Slickspot Peppergrass Lepidium papiliferum Threatened

Monarch Butterfly (Danaus plexippus) Monarch butterflies have a 3 to 4-inch wingspan of a deep orange color with black veins, and a black border featuring a double row of black spots on the upper side of the wings.4 During the breeding season, monarchs use obligate milkweed host plants (Asclepias spp.) to lay their eggs; larvae emerge within 2-5 days. These larvae develop for 9 to 18 days, feeding on the host milkweed plant through the entire growth stage. After this duration, the larvae will cocoon for 6 to 14 day and thereafter, the butterfly emerges as an adult.2

West of the Rocky Mountains, monarch butterflies are found in canyons or riparian areas during the summer and migrate as far south as coastal areas of southern California. In some instance monarchs can migrate 3,000 km over the course of two months. As adults, the monarch diet consists of nectar from a wide range of flowering plants, including milkweed species.5

The site reconnaissance on July 25, 2023, identified approximately 25 showy milkweed plants and a significant amount of common sunflower, a flowering species, within the Perkins Drain, Rosenlof Drain, Irrigation Supply 1, and

Roadside Drainages 1-3. Available habitat in the project area is frequently disturbed due to land uses (paved road) and regular maintenance (mowing vegetation) of the waterways. The monarch butterfly likely resides in riparian corridors along the Boise River, Ridenbaugh Canal, and other drainages where milkweed is present surrounding the project area. Milkweed and flowering species within the project area may be impacted during construction of the proposed project. However, the amount of habitat impacted is insignificant (<0.01 acre) when compared to abundant, suitable habitat in the project vicinity. Therefore, the proposed project may affect but is unlikely to adversely affect the monarch butterfly. Refer to Attachment B for Photo Documentation of the observed habitat in the project area.

Formal USFWS consultation regarding habitat impacts is not required due to the monarch butterfly’s ESA candidate species status.6

4 USFWS. 2009. Environmental Conservation Online System. Species Profile for the Monarch Butterfly (Danaus plexippus). Accessed August 14, 2023, at http://ecos.fws.gov/ecp/species/9743 5 NWF. 2022. Monarch Butterfly (Danaus plexippus). The National Wildlife Federation. Accessed August 14, 2023. http://www.nwf.org/Educational-Resources/Wildlife-

Guide/Invertebrates/Monarch-Butterfly#:~:text=As%20adults%2C%20monarchs%20feed%20on,for%20the%20egg%20to%20hatch 6 National Oceanic and Atmospheric Administration (NOAA). Section 7: Types of Endangered Species Act Consultations in the Greater Atlantic Regio.

Accessed on August 14, 2023. https://www.fisheries.noaa.gov/insight/section-7-types-endangered-species-act-consultations-greater-atlantic-region http://ecos.fws.gov/ecp/species/9743 http://www.nwf.org/Educational-Resources/Wildlife-Guide/Invertebrates/Monarch-Butterfly#:~:text=As%20adults%2C%20monarchs%20feed%20on,for%20the%20egg%20to%20hatch http://www.nwf.org/Educational-Resources/Wildlife-Guide/Invertebrates/Monarch-Butterfly#:~:text=As%20adults%2C%20monarchs%20feed%20on,for%20the%20egg%20to%20hatch

Slickspot Peppergrass (Lepidium papiliferum) Slickspot peppergrass is a small, flowering plant in the mustard family (Brassicaceae). It is a tap-rooted plant with intricate branches and small wedge-shaped leaves that are covered with fine, soft hairs.7 It blooms April to June with numerous, small white flowers that are only 0.1 inches in diameter.4 The species is specialized to occupy a specific microhabitat referred to as “slickspots”, which are small depressions in the soil that collect water due to an underlying clay later. These slickspots occur within sagebrush-steppe communities, almost exclusively in southwest Idaho.3

Slickspots are mostly devoid of vegetation and have a smooth, pan-like surface.

Based on USFWS and Idaho Fish and Game (IDFG) geospatial data,8 no slickspot peppergrass or critical habitat is mapped for the project area. Further, the project area does not contain sage-brush steppe habitat in which this species occurs. The project area primarily consists of paved surfaces, roadside drainages, and soil that have been continually disturbed from agricultural practices or development. No slickspot peppergrass plants nor slickspots

(microhabitat) were observed during the site reconnaissance. Due to lack of suitable habitat, the proposed project will have no effect on slickspot peppergrass.

Conclusion As summarized in Table 3, the proposed project impact an insignificant amount of monarch butterfly habitat;

however, activities will not result in adverse effects to the species. Consultation with the USFWS is not required due to the insignificant effects of the proposed project and the monarch butterfly’s ESA candidate status. The project area does not contain suitable sagebrush steppe habitat nor slickspot microhabitats necessary for slickspot peppergrass occurrence.

Table 3: No Effect Determinations and Rationales for the Franklin Rd, McDermott Rd to Black Cat Rd

Common Name Status Determination Rationale for Determination

Monarch butterfly Candidate May affect, but not likely to adversely affect

Project activities will affect an insignificant amount of habitat compared to ample, suitable habitat is in the project vicinity

Slickspot peppergrass Threatened No Effect No suitable habitat, species not present

If you have any questions regarding this memo, please contact me at 208-323-2288 or via email at tbinggeli@ardurra.com.

Sincerely, Tamsen Binggeli, AICP

Environmental Project Manager

7 St. John, L. and Ogle, D.G. 2009. Plant Guide for Slickspot Peppergrass (Lepidium papilliferum). USDA NRCS, Plant Materials Center, Aberdeen, Idaho. Accessed August 14, 2023, at https://www.nrcs.usda.gov/plantmaterials/idpmcpg11466.pdf 8 USFWS. Slickspot Pepeprgrass (Lepidium papiliferum) Occurrences Interactive Map. Accessed August 14, 2023, at https://www.fws.gov/species/slickspot-peppergrass-lepidium-papilliferum mailto:tbinggeli@ardurra.com https://www.nrcs.usda.gov/plantmaterials/idpmcpg11466.pdf https://www.fws.gov/species/slickspot-peppergrass-lepidium-papilliferum https://www.fws.gov/species/slickspot-peppergrass-lepidium-papilliferum

Attachment A: USFW IPaC Species List.

Attachment B: Photo Documentation of Wildlife Habitat

Observed Habitat from Site Reconnaissance on July 25, 2023 Photos of the Rosenlof Drain

Photo 1: Facing east, looking upstream at the

Rosenlof Drain and near the channel’s culvert that flows under Franklin Rd. Common sunflower was a dominant plant species and approximately 5 showy milkweed plants line the south (right) streambank.

Photo 2: Facing east, looking downstream at the

Rosenlof Drain and near the channel’s culvert that flows under Franklin Rd. The channel contained minimal flowering plant communities and no showy milkweed plants at this location.

Photos of the Perkins Drain

Photo 3: Facing east, looking upstream at the

Perkins Drain and near the channel’s culvert that flows under Franklin Rd. No flowering plants and approximately 3-5 showy milkweed plants at an upstream location.

Photo 4: Facing north, looking downstream at the Perkins Drain and near the channel’s culvert that flows under Franklin Rd. No flowering plants or showy milkweed plants are present.

Photos of Irrigation Supply 1 and Roadside Drain 1, located north of Franklin Rd.

Photo 5: Facing west, near the intersection of

Franklin Rd and McDermott Rd. Irrigation

Supply 1 naturally dissipates into the in-view pasture field. Showy milkweed plants are a dominant species at this site. No flowering species are present.

Photo 6: Facing west, looking downstream at

Roadside Drain 1. The ditch is intermittingly lined with concrete. Common sunflower and sporadic showy milkweed plants are along

Roadside Drain 1.

Photos Roadside Drain 2 and 3, located south of Franklin Rd.

Photo 7: Facing east, looking upstream at

Roadside Drain 2. Flowering plant communities are absent along Roadside Drain 2.

Approximately 3-5 showy milkweed plants are near the drain’s outlet, located at the intersection of Franklin Rd and McDermott Rd.

Photo 8: Facing west, looking downstream at

Roadside Drain 1. The ditch is intermittingly lined with concrete. Approximately 10 showy milkweed communities are along Roadside

Drain 1.

Wildlife Habitat at Depressional Wetland, located south of Franklin Rd.

Photo 9: Facing south, looking at Depressional

Wetland 1. Visible plant communities include broadleaf cattail, curly dock, kochia, and reed canarygrass.

There are no flowering plants, nor showy milkweed plant species present at Depressional

Wetland 1.

Photo 10: Facing north at Franklin Rd. Soils in and around Depressional Wetland 1 are saturated. There are no flowering plants, nor showy milkweed plant species present at

Depressional Wetland 1.