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S63-20291 permitState of Idaho DEPARTMENT OF WATER RESOURCES Western Region, 2735 Airport Way • Boise, Idaho 83705-5082 Phone: (208) 334-2190 • Fax: (208) 334-2348 • Web Site: www.idwr.idaho.gov C. L. `BUTCH" OTTER Governor DAVID R. TUTHILL, JR. Director October 1, 2008 Steven E Siddoway City of Meridian — Parks and Recreation 11 W. Bower St. Meridian, Idaho 83642 RE: Joint Application for Permit No. S63-20291 Fivemile Creek Dear Mr. Siddoway: Idaho Department of Water Resources (IDWR) has reviewed your above referenced application for a permit to alter the channel of Fivemile Creek and has prepared a decision as provided for in Section 42-3805, Idaho Code. The conditions set forth in this permit are intended to prevent degradation of water quality, protect fish and wildlife habitat and protect the long-term stability of the stream channel. If you cannot meet the conditions set forth in the permit, please contact this office for further consideration. You may consider this letter a permit to excavate approximately 58 cubic yards of stream substrate and discharge approximately 84 cubic yards of precast concrete, rock, and aggregate backfill associated with construction of a 10' by 8' by 24' pedestrian stream crossing of Fivemile Creek, within Section 01, Township 03 North, Range 01 West, Ada County, Idaho. Failure to adhere to the conditions as set forth herein can result in legal action as provided for in section 42-3809, Idaho Code. The project is subject to the following Minimum Standards, Special, and General Conditions. MINIMUM STANDARDS: (These standards are established in the Administrative Rules of the Idaho Water Resources Board, Stream Channel Alteration Rules, IDAPA 37 Title 03 Chapter 07 dated July 1, 1993, and are enclosed with this permit.) Rule 56 - Construction Procedures Rule 62 - Culverts and Bridges SPECIAL CONDITIONS: [1] All construction shall be completed in accordance with the descriptions & methods on the application and attachments, unless otherwise specified. Prior to construction this department must approve any changes. [2] Aaron Golart, Stream Channel Protection Specialist (208) 334-2190, shall be contacted after no less than five business days prior to construction. Failure to do so may result in annulment of above referenced permit. [3] Construction shall take place in the dry to minimize turbidity and protect water quality. A temporary cofferdam of non -erodible material shall be installed and properly functioning before culvert work commences. [4] Any discharge of water from dewatering may require a short-term activity exemption from Idaho Department of Environmental Quality (IDEQ). All construction activities shall be conducted in such a manner as to minimize turbidity and comply with Idaho water quality standards. If these standards cannot be maintained, the applicant shall contact the Boise office of IDEQ. [5] Uncured concrete shall not come into contact with surface water. [6] Woody stream bank vegetation shall be protected to the extent practical during construction. Willows or other native woody vegetation shall be planted within disturbed stream banks. [7] Disturbed areas not protected with willows or native woody vegetation shall be seeded with a perennial grass/forb/shrub mixture as recommended by Idaho Department of Fish and Game and/or the local office of the Natural Resources Conservation Service to reduce erosion, restore bank cover and habitat, and inhibit invasion of noxious weeds. [8] All fuel, oil and other hazardous materials shall be stored and equipment refueled away from the stream channel to ensure that a spill will not enter the waterway. [9] Permittee is responsible for all work done by any contractor and shall ensure any contractor who performs the work is informed of and follows all the terms and conditions of this authorization [10] This permit shall expire December 31, 2009. GENERAL CONDITIONS: 1. This permit does not constitute any of the following: a. An easement or right-of-way to trespass or work upon property belonging to others. b. Other approval that may be required by State or Federal Government, unless specifically stated in the special conditions above. C. Responsibility of the Department of Water Resources for damage to adjacent properties due to work done. d. Compliance with the Federal Flood Insurance Program, FEMA regulations or approval of the local Planning and Zoning authority. 2. In accordance with Idaho Code, Section 55-2201 - 55-2210, the applicant and/or his contractors must contact Digline statewide phone number 1-800-342-1585, Boise area 342-1585, not less than 3 working days prior to the start of any excavation for this project. 3. The permit holder or operator must have a copy of this permit at the alteration site, available for inspection at all times. 4. The Department of Water Resources may cancel this permit at any time that it determines such action is necessary to minimize adverse impact on the stream channel. Conditions and construction Procedures approved under this permit may not coincide with the Proposal as submitted. Failure to adhere to conditions as set forth herein can result in legal action as provided for in Section 42-3849 Idaho Code. If you object to the decision issuing this permit with the above conditions, you have fifteen days in which to notify this office in writing that you request a formal hearing on the matter. If an objection has not been received within fifteen days, the decision will be final under the provisions of IDAPA 37.03.07 (Rule 70). Please contact Aaron Golart (208) 334-2190 if you have any questions regarding this matter. Sincerely, Aaron Golart Stream Channel Protection Specialist Cc: Ada County, IDEQ, IDFG, Idaho Rivers United, USACE 9 056. CONSTRUCTION PROCEDURES (Rule 0) . O1. Conformance to Procedures. Construction shall be done in accordance with the following,procedures unless specific approval of other procedures has been given by the Director. When an applicant desires to proceed in a manner different from the .following, such procedures should be described on the application. 02. Operation of Construction Equipment. No construction equipment .shall be operated below the existing water surface without specific approval from the Director except as follows: Fording the stream at one location only will be ,permitted unless otherwise specified; however, vehicles and equipment will not be permitted to push or pull material along the streambed below the existing water level. Work below the water which is essential for preparation of culvert bedding or approved-footing installa- tions shall be permitted to the extent that it does not create unnecessary turbidity or stream channel disturbance. Frequent fording Will not be permitted in areas where extensive turbidity will be created. 03. Temporary Structures. Any temporary crossings, bridge supports, cofferdams, or other structures that will be needed during the period of construction shall be designed to handle high flows that could be anticipated during the construction period. All structures shall be completely removed from the stream channel at the conclusion of construction and the area shall be restored to a natural appearance. 04. Minimizing Disturbance of Area. Care shall be taken to cause only the minimum necessary disturbance to the natural appearance of the area. Streambank vegetation shall be protected except where its removal is absolutely necessary for completion of the work adjacent to the stream channel. 05. Disposal of Removed Materials. Any vegetation, debris, or other material removed. during construction shall be disposed of at some location out of the strewn channel where it cannot reenter the channel during high stream flows. 06. New Cut of Fill Slopes. All i-new cut or fill slopes that will not be protected with some form of riprap shall be seeded with grass and planted with native vegetation to prevent erosion. 07. Fill Material. All fill material shall be placed and compacted in horizontal lifts except as provided for in Rule 55.05.e. for uncompacted dike and levee construction. Areas to be filled shall be cleared of all vegetation; debris and other materials that would be objectionable in the fill. 08. Limitations on Construction Period. The Director may limit the period of construction as needed to minimize conflicts with fish migration and spawning, recreation use, and other uses. 052. CULVERTS AND BRIDGES (Rule 62). 01. Culverts and Bridges. Culverts and bridges shall be capable of carrying streamflows and shall not significantly alter conditions upstream or downstream by causing flooding, turbidity, or other problems. The appearance of such installations shall not detract from the natural surroundings of the area. 02. Location of Culverts and Bridges. Culverts and bridges should be located so that a direct line of approach exists at both the entrance and exit. Abrupt bends at the entrance or exit shall not exist unless suitable erosion protection is provided. 03. Ideal Gradient. The ideal gradient (bottom slope) is one which is steep enough to prevent silting but flat enough to prevent scouring due to high velocity flows. It is often advisable to make the gradient of a culvert coincide with the average streambed gradient. a. Where a culvert is installed on a slope steeper than 20%, provisions to anchor the culvert in position will be required. Such provisions shall be included in the application and may involve the use of collars, headwall structures, etc. Smooth concrete pipe having no protruding bell joints or other irregulari- ties shall have such anchoring provisions if the gradient exceeds 10 percent. 04. Size of Culvert or Bridge Opening. The size of the culvert or bridge opening shall be such that it is capable of passing design flows without overtopping the streambank or causing flooding or other damage. a. Design flows shall be based upon the following minimum criteria: Drainage Area Less than 50 sq. mi. Over 50 sq. mi. or more Design Flow Frequency 25 years* 50 years or greatest flow of record, whichever is more b. For culverts and bridges located on U.S. Forest Service or other federal lands, the sizing should comply with the Forest Practices Act as adopted by the federal agencies of the Department of Lands. C. For culverts or bridges located in a community qualifying for the national flood issuance program, the minimum size culvert shall accommodate the 100 year design flow frequency. to prevent undermining. a. Where fish passage must be provided, upstream drops at the entrance to a culvert will not be permitted and a maximum drop of 1 foot will be permitted at the downstream end if an adequate jumping pool is maintained below the drop. b. Downstream control structures such as are shown in Figure 18 in Appendix XIX, (or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-I, Page 37--203), can be used to reduce downstream erosion and improve fish passage. They may be constructed with gabions, pilings and rock drop structures. 06. Multiple Openings. Where a multiple opening will consist of two or more separate culvert structures, they shall be spaced far enough apart to allow proper compaction of the fill between the individual structures. The minimum spacing in all situations shall be 1 foot. In areas where fish passage must be provided, only one opening shall be constructed to carry all low fl9ws. Low flow baffles may be required to facilitate fish passage. 07. Areas to be Filled. All areas to be filled shall be cleared of vegetation, topsoil, and other unsuitable material prior to placing fill. Material cleared from the site shall be disposed of above the high water line of the stream. Fill material shall be reasonably well-graded and compacted and shall not contain large quantities of silt, sand, organic matter, or debris. In locations where silty or sandy material must be utilized for fill material, it will be necessary to construct impervious sections both upstream and downstream to prevent the erodible sand or silt from being carried away (see Figure 19 in Appendix XX or see "Forms, Appendicies, Charts, Graphs, Etc ... 11 Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, Page 37-204). Sideslopes for fills shall not exceed 1.5:1. Minimum cover over all culvert pipes and arches shall be 1 foot. 08. Installation of Pipe and Arch Culvert. All pipe and arch culverts shall be installed in accordance with manufacturer's recommendations. a. The culvert shall be designed so that headwaters will not rise above the top of the culvert entrance unless a headworks is provided. U.S. ARMY CORPS OF ENGINEERS DO NOT START WORK UNTIL YOU I AHO DEPARTMENT OF WATER RESOUR�,€S RECEIVE PERMITS FROM BOTH THE IDAHO DEPARTMENT OF LANDS CORPS AND THE STATE This application may be used to apply for both a Department of the Army permit from the U.S. Army Corps of Er gineers (Corps) and for State of Idaho permits Department of the Army permits are required by Section 10 of the Rivers and Harbors Act of 1899 for any structures or work in or affecting navigable waters of the United States and by Section 404 of the Clean Water Act for discharges of dredged or fill material into waters of the United States, including their adjacent wetlands. State permits are required under the State of Idaho, Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code) and the Idaho Lake Protection Act, Section 58-142 et. seq., Idaho Code. Route Uses: Information provided on this form will be used in evaluating the application. Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can permits be issued. Applicants should send this completed application, along with one set of good reproducible drawings showing the location and character of the proposed project, tc both the Corps of Engineers and the State of Idaho. NOTE: DRAWINGS NO LARGER THAN 8-112 X 11 INCHES IN SIZE. The Applicant Information pamphlet provides instructions and a checklist for completing the drawings. Corps of Engineers # Date Received Department of Water Resources Date Received IN t Department of Lands # Date Received Fee Rec'd PLEASE TYPE OR PRINT 3. a. Applicant City of Meridian — Parks and Rec 4. a. Authorized Agent b. Mailing Address 11 W. Bower St. b. Mailing Address Meridian, ID 83642 Area Area Area Area c. Work Phone ( 208 ) 888-3579 Home ( ) c. Work Phone ( ) Home ( ) d. Fax Number (208) 898-5501 d. Fax Number e. Email Address recreation0meridiancity.orb e. Email Address 5. Location where proposed activity exists or will occur. 5. e. Tax Assessor's Description a. Waterway Fivemile Creek Tributary of Boise River b. Distance/Direction from nearest city or town Ada/ ID Meridian Distance/Direction from nearest city/town In Meridian, Idaho N%NY4 1 3N 1W f. 1/4 1/4 Section Township Range g. UTM Coordinate Grid c. County/State Local jurisdiction (city or county) Zone Northing Easting d. Directions to the site From Boise, west on 1-84, exit Meridian Road headed north, Left on Cherry Lane, Rt on 8`" Street, Stop at 8'" Street Park project site a north limits of park at Five Mile Creek. 6. a. Describe Project (Work below the ordinary high water mark or in wetlands). Project consists of placing_a 10' wide x 8' tali, 24' length reinforced concrete box culvert with 450 wing walls within Five Mile Creek. An asphalt pathway will be placed on top of the box culvert to allow pedestrians to cross Five Mile Creek. The culvert crossing is intended only for pedestrian traffic, not vehicular traffic b. Construction methods and equipment Excavation with standard equipment such as an excavator or backhoe.The box culvert will be lowered into place most likely by either a rubber -tire loader or a crane. The culvert will be backfilled and rip rap placed with standard construction equipment. c. Length of project along the stream or extension into lake or reservoir: Approximately 140' d. Size and flow capacity of proposed bridge or culvert and area of drainage served (sq. miles): (Idaho Department of Water Resources requirement.) 24' length, 10' wide X 8' tall box culvert with 450 wing walls. Flow capacity of the box is approximately 795 cfs, drainage area is 52.5 mit (Below 8 mile creek) COMPLETE THE FOLLOWING FOR DISCHARGES OF DREDGED OR FILL MATERIAL 7. a. Volume dredged or fill material to be placed waterward of the ordinary high water mark (BOTH TEMPORARY AND PERMANENT)? 177 (cubic yards) b. Will fill be placed in wetlands? NO If yes, area: (acres) Type of fill material: Type 1 Aggregate Backfill, concrete culvert, rip rap (i.e. sand, rock, clay, concrete, etc.) c. Will dredging be required waterward of the ordinary high water mark or in wetlands? YES If yes, volume 58 (cubic yards) d. Type of dredged material Native silts, clays, and gravel. e. Disposal site for dredged material: Off-site Method of dredging: Excavator or backhoe Cofferdams will be placed upstream and downstream of the project within Five Mile f. Method to control turbidity and sedimentation: Creek. Storm water within the project site will be detained to allow settling. g. Is project located in a mapped floodway? YES If yes, complete the Engineering "No -Rise" certification form. NPW Form 304 IDWR Form 3804-1 Apr 04 (REV) RECEIVED Apr 04 (REr1, JUL 3 12008 WESTERN REGION 8.a. Purpose and intended use: Commercial _ To Provide public with a b. Reason for project Creek. 9.Proposed Starting Date As soon as plans and 404 are approved Estimated Duration 1 month 10.List portions of the project that are complete with month and year of completion No portion of the project is complete (0% complete) Label this work on your drawings. 11.Names, addresses, and telephone numbers of all adjoining property owners, lessees, etc. Public X Private Other DesFnbe ,$sing of Five Mile Creek that will connect the 81h Stra.__ _- ark with the path on the north side of Five Mile City of Meridian Nampa & Meridian Irrigation District (NMID) _ 11 W. Bower St. 1503 First Street South Meridian, ID 83642 Nampa, Idaho 83651 208.888-3579 208-463-0092 Check here if the alteration is located on endowment lands administered by the Idaho Department of Lands 121EGAL OWNER IF OTHER THAN APPLICANT a. Name Nampa & Meridian Irrigation District (NMID) d. Phone Work (208 ) 463-0092 b. Mailing Address 1503 First Street South Home ( c. City, State, Zip Code Nampa, Idaho 83651 13, List applications, approvals, or certifications from other Federal state, or local agencies for work described in this application. Issuing Agency Type of Approval Identification No. Date of Application Date of Approval City of Meridian Public Works _ Floodplain —"No Rise" approval January 2008 January 2008 14.Has any agency denied approval for the proposed activity? Yes 15.Other commentstinformation: No x (If "Yes" explain) 16•Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made, the right to come upon the above-described location to inspect t proposed and completed -work. Sign bre f Applicant (ORIGIN L SIGNATURE EQUIRED) PrintAd .Name Date 17A wish to designate an authorized agent, complete item 4, item 16 and the following information. I hereby designate to act as my agent in matters related to this permit application. l understand that if a Federal permit is issued, I must sign the permit. Original Signature of Authorized Agent Date Original Signature of Applicant Date 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. DO NOT SEND CORPS PROCESSING FEE WITH APPLICATION SEND IDAHO DEPARTMENT OF WATER RESOURCES OR IDAHO DEPARTMENT OF LANDS FILING FEE WITH APPLICATION NPW Form 304 IDWR Form 3804- 8th Street Park Pedestrian Pathway and Box Culvert Project Section 01 - Township 03N -Flange 01W Meridian l jcc ai 91 � law 1�4 swill Ir Imam rim Vicinity Map prate Location Map Vicinity Map WVV N oa Meridian Forks and Rec. Five Mile Creek Ades County, Idaho Sheet I of 2 05/20/08 E Project.Urnits Fhrom -r r'V 7 prate Location Map Vicinity Map WVV N oa Meridian Forks and Rec. Five Mile Creek Ades County, Idaho Sheet I of 2 05/20/08 JBCLIOn U i — I own5nip ajry — mange v i YY mur raiw i SINGLE FAMILY SINGLE FAMILY SINGLE FAMILY RESIDENCE RESIDENCE RESIDENCE EXISTING ASPHALT PATHWAY I CONSTRUCT NEWS LENGTH=24 8TH STREET PARK WIDTH=10' HEIGHT=B' 45' WINGWALLS = 10'x8' BOX CULVERT PLAN VIEW WOOD FENCE \-163' TO EXISTING PROPERTY LINE —ORDINARY HIGi-; WATER LEVEL ` bb� RIPRAP a cff J I OFFERDAM//f/I+I �r',FOR DEWATER'NG p EXISTING TOP OF BANK 127' TO EXISTING PROPERTY LINE MERIDIAN WATER DEPARTMENT SCALE. 1" = 30' EXISTING TOP OF BANK, APPROX. 3' ABOVE TOP OF ORDINARY HIGH NORTH BANK DECORATIVE FENCE WATER LEVEL —= 14' DEPTH 8' 10, TYPE 1 AGGREGATE BACKFILL WINGWALL WINGWALL MATCH EXISTING CHANNEL FOWLING IMPORTED CULVERT NOTE: RIPRAP NOT SHOWN FOR CLARITY BEDDING MATERIAL BOX CULVERT - LOOKING DOWNSTREAM CROSS SECTION NTS EXISTING TOP OF BANK, APPROX. 8' ABOVE CHANNEL FLOWLINE (NORTH BANK), 4' ABOVE ORDINARY HIGH WATER MARK ASPHALT PATHWAY EXISTING TOP OF BANK DECORATIVE FENCE NEW FILL MATERIAL r IN EXISTING CREEK ♦; I` 1177 CY ;' RIPRAP �— FIVEMILE CRE°a�� „S ri• i COFFERDAM FOR DEWATERING ORDINARY—/INSTALL— HIGH WATER BOX CULVERT LEVEL LENGTH=24 8TH STREET PARK WIDTH=10' HEIGHT=B' 45' WINGWALLS = 10'x8' BOX CULVERT PLAN VIEW WOOD FENCE \-163' TO EXISTING PROPERTY LINE —ORDINARY HIGi-; WATER LEVEL ` bb� RIPRAP a cff J I OFFERDAM//f/I+I �r',FOR DEWATER'NG p EXISTING TOP OF BANK 127' TO EXISTING PROPERTY LINE MERIDIAN WATER DEPARTMENT SCALE. 1" = 30' EXISTING TOP OF BANK, APPROX. 3' ABOVE TOP OF ORDINARY HIGH NORTH BANK DECORATIVE FENCE WATER LEVEL —= 14' DEPTH 8' 10, TYPE 1 AGGREGATE BACKFILL WINGWALL WINGWALL MATCH EXISTING CHANNEL FOWLING IMPORTED CULVERT NOTE: RIPRAP NOT SHOWN FOR CLARITY BEDDING MATERIAL BOX CULVERT - LOOKING DOWNSTREAM CROSS SECTION NTS EXISTING TOP OF BANK, APPROX. 8' ABOVE CHANNEL FLOWLINE (NORTH BANK), 4' ABOVE ORDINARY HIGH WATER MARK ENG NEEIR1rG "NO -RISE" Cly T IFITCATION This is to certify that f arra a duly qualified engineer licensed to practice in the State of Idaho It is to further certify that the attached technical data supports the fact that proposed Fivemile Creek Culvert Crossing will (Name of Development) not impact the 100 -year flood elevations, floodway elevations and floodway .Widths on Fivemile Creek W published sections (lNTame Of stream) in the -Flood Ensu: ance Study for City of Meridian - - 9 dated 2003 (Name of Community) and will not impact the 100 -year flood elevations, floodway elevations, and floodway widths at unpublished cross-sections in the vicinity of the proposed development. (Date) seal: (Signature) (Title) �3 (Address)