Loading...
HomeMy WebLinkAboutNMIDCLINTON C. PLINE CHAIRMAN OF THE BOARD BOISE PROJECT BOARD OF CONTROL RON PLATT VICE CHAIRMAN OF THE BOARD (FORMERLY BOISE U.S. RECLAMATION PROJECT) ROBERT D. CARTER 2465 OVERLAND ROAD PROJECT MANAGER BOISE, IDAHO 83705-3155 THOMAS RITTHALER ASSISTANT PROJECT MANAGER APRYLGARDNER SECRETARY -TREASURER MARY SUE CHASE ASSISTANT SECRETARY - TREASURER 02 April 2019 City Clerk's Office 33 E Broadway Avenue Meridian ID, 83642 RE: Warrick Subdivision No I Schultz Development 2455 E Amity Rd, Meridian New York Irrigation District Beasley Lateral 24+50, 24+60 Sec. 32, T3N, RIE, BM. C.Jay Coles, City Cleric: OPERATING AGENCY FOR 167,000 ACRES FOR THE FOLLOWING IRRIGATION DISTRICTS NAMPA-MERIDIAN DISTRICT BOISE-KUNA DISTRICT WILDER DISTRICT NEW YORK DISTRICT BEG BEND DISTRICT TEL: (208) 344-1141 FAX: (208) 344-1437 RECETTEIJ CITY OFC',W'N�r CITY CLERKS OFFICE NY -392-001-00, 106-002-00 After reviewing the preliminary plans for the Warrick Subdivision No. 1 stamped and dated 3/18/2019 by Chad S.Kinkela P.E. Boise Project does not a rove of them due to the encroachment on the federal easement of the Beasley Lateral. It appears that on Block 1, lots 1-5 and on Block 6, lots I and 2 on sheet C4.6 the western boundary of these parcels are well within the easement stated below. Boise Project will not approve of these plans until that is addressed. The United States' Beasley Lateral lies within the boundary of the above-mentioned location. The easement for this lateral is held in the name of the United States through the Bureau of Reclamation under the authority of the Act of August 30, 1890. (26 Stat. 391; 43 U.S.C. 945) The Boise Project Board of Control is contracted to operate and maintain this lateral. We assert this federal easement of 17 feet West and southwest and 10 feet East and northeast of the lateral's centerline. Whereas this area is for the operation and maintenance of our facility, no activity should hinder our ability to do so. The piping and relocation of any Lateral, Canal and/or Drain must be reviewed and approved by Boise Project And the Bureau of Reclamation and is (to include all appurtenant boxes and/or structures) and must be warranted by the landowner for a period of (5) five - years. The Warrantee Agreement must be secured prior to ANY disturbance of that facility. Any proposed abandonment of any portion of a lateral or canal must be approved by Boise Project and the Bureau of Reclamation prior to any construction taking place within the easement. Boise Project Board of Control must approve any requests and/or relocation of delivery points prior to construction. The Boise Project does not approve landscaping (other than grass or gravel) within its easements, as this will certainly increase our cost of maintenance. All easements must remain a flat drivable surface. Fencing (as may be required) must be constructed just off the easement, to insure public safety and prevent encroachments. Parking lots, curbing, light poles, signs, etc. and the placing of asphalt and/or cement over Project facility easements must be approved by Boise Project Board of Control prior to construction. Project facilities and/or easements that parallel, and are within and/or intended to be within road right-of-ways due to any development of this property must be relocated outside of road right-of- ways. The easements of Boise Project facilities will remain the same unless agreed upon and/or approved with written permission from Boise Project Board of Control. The constriction of any roadway crossings must be conducted only during the non -irrigation season when the canal is dewatered. In any case no work shall take place within the easement before the proper crossing agreements have been secured through the Bureau of Reclamation and the Boise Project Board of Control. Utilities planning to cross any project facility must get the proper crossing agreements from the Bureau of Reclamation. In any case, no work- shall take place within the easement before proper crossing agreements have been secured through both the Bureau of Reclamation and the Boise Project Board of Control. A time schedule for the construction to be done during the non -irrigation season must be approved by Boise Project prior to any activity within Project easements. No construction will be allowed within the easement boundaries of the Boise Project Board of Control facilities after March 15th of each year. However, on a case by case basis, overhead utilities and utilities boring underneath a Project facility may be allowed after March 15th if reviewed and approved by the Boise Project.. Storm Drainage and/or Street Runoff must be retained on site. NO DISCHARGE into any live irrigation system is permitted. Local irrigation/drainage ditches that cross this property, in order to serve neighboring properties, must remain unobstructed and protected by an appropriate easement. Should there be any small (neighborhood) irrigation ditches on this site, the developers and/or landowners will be obligated to protect them and allow water to pass to downstream neighbors. This development is subject to Idaho Code 31-3805, in accordance, this office is requesting a copy of the irrigation and drainage plans. Whereas this property lies within the New York Irrigation District it is important that representatives of this development contact the NYID office as soon as possible to discuss a pressure system prior to any costly design work. If applicable, the irrigation system will have to be built to specific specifications as set by the District / Project. Boise Project Board of Control must receive a written response from the New York Irrigation District as to who will own and operate the pressure irrigation system prior to review and approval of an irrigation plan by Boise Project Board of Control. Wording on the preliminary and final recorded plat needs to state that any proposed and/or fiiture usage of the Boise Project Board of Control facilities are subject to Idaho Statues, Title 42-1209. Future preliminary and final plats must call out the Project easements and the plats must also note, which lots have surface irrigation water rights and which lots do not. Whereas this development is in its preliminary stages, Boise Project Board of Control reserves the right to review plans and require changes when our easements and/or facilities are affected by unknown factors. If you have any further questions or comments regarding this matter, please do not hesitate to contact me at (208) 344-1141. Assistant Project Manager, BPBC for/tr cc: Clint McCormick Watermaster, Div; 2 BPBC Terri Hasson Secretary -Treasurer, NYID File