2020-04-23 DEQ STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
1445 North Orchard•Boise,ID 83706•(208)373-0550 Brad Little,Governor
John H.Tippets,Director
April 23, 2020
City Clerk- City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
RE: Brody Square ALT,AZ,VAC H-2020-0032; Movado No. 8 FP H-2020-0040; Midgrove Plaza PP
H-2020-0029; Villas at Twelve Oaks East AZ, MDA H-2020-0014
Thank you for the opportunity to respond to your request for comment. While DEQ does not review
projects on a project-specific basis,we attempt to provide the best review of the information provided.
DEQ encourages agencies to review and utilize the Idaho Environmental Guide to assist in addressing
project-specific conditions that may apply. This guide can be found at: deq.idaho.gov/assistance-
resources/environmental-guide-for-local-govts.
The following information does not cover every aspect of this project; however,we have the following
general comments to use as appropriate:
1.Air Quality
• Please review IDAPA 58.01.01 for all rules on Air Quality, especially those regarding fugitive
dust(58.01.01.651),trade waste burning(58.01.01.600-617), and odor control plans
(58.01.01.776).
All property owners, developers, and their contractor(s)must ensure that reasonable controls to
prevent fugitive dust from becoming airborne are utilized during all phases of construction
activities per IDAPA 58.01.01.651.
DEQ recommends the city/county require the development and submittal of a dust prevention
and control plan prior to final plat approval. Dust prevention and control plans incorporate
appropriate best management practices to control fugitive dust that may be generated at sites.
Citizen complaints received by DEQ regarding fugitive dust from development and construction
activities will be referred to the city or county to address under their ordinances.
Information on fugitive dust control plans can be found at:
http://www.deg.idaho.gov/media/61833-dust control nlan.pdf
• Per IDAPA 58.01.01.600-617, the open burning of any construction waste is prohibited. The
property owner, developer, and their contractor(s) are responsible for ensuring no prohibited
open burning occurs during construction.
For questions, contact David Luft,Air Quality Manager, at (208) 373-0550.
Response to Request for Comment
April 23,2020
Page 2
2. Wastewater and Recycled Water
• DEQ recommends verifying that there is adequate sewer to serve this project prior to approval.
Please contact the sewer provider for a capacity statement, declining balance report, and
willingness to serve this project.
• IDAPA 58.01.16 and IDAPA 58.01.17 are the sections of Idaho rules regarding wastewater and
recycled water. Please review these rules to determine whether this or future projects will
require DEQ approval. IDAPA 58.01.03 is the section of Idaho rules regarding subsurface
disposal of wastewater. Please review this rule to determine whether this or future projects will
require permitting by the district health department.
All projects for construction or modification of wastewater systems require preconstruction
approval. Recycled water projects and subsurface disposal projects require separate permits as
well.
• DEQ recommends that projects be served by existing approved wastewater collection systems or
a centralized community wastewater system whenever possible. Please contact DEQ to discuss
potential for development of a community treatment system along with best management
practices for communities to protect ground water.
• DEQ recommends that cities and counties develop and use a comprehensive land use
management plan,which includes the impacts of present and future wastewater management in
this area. Please schedule a meeting with DEQ for further discussion and recommendations for
plan development and implementation.
For questions, contact Valerie Greear, Water Quality Engineering Manager at(208) 373-0550.
3.Drinking Water
• DEQ recommends verifying that there is adequate water to serve this project prior to approval.
Please contact the water provider for a capacity statement, declining balance report, and
willingness to serve this project.
• IDAPA 58.01.08 is the section of Idaho rules regarding public drinking water systems. Please
review these rules to determine whether this or future projects will require DEQ approval.
All projects for construction or modification of public drinking water systems require
preconstruction approval.
• DEQ recommends verifying if the current and/or proposed drinking water system is a regulated
public drinking water system(refer to the DEQ website at: deq.idaho.gov/water-
quality/drinking-water.aspx). For non-regulated systems, DEQ recommends annual testing for
total coliform bacteria,nitrate, and nitrite.
• If any private wells will be included in this project,we recommend that they be tested for total
coliform bacteria,nitrate, and nitrite prior to use and retested annually thereafter.
• DEQ recommends using an existing drinking water system whenever possible or construction of
a new community drinking water system. Please contact DEQ to discuss this project and to
explore options to both best serve the future residents of this development and provide for
Response to Request for Comment
April 23,2020
Page 3
protection of ground water resources.
• DEQ recommends cities and counties develop and use a comprehensive land use management
plan which addresses the present and future needs of this area for adequate, safe, and sustainable
drinking water. Please schedule a meeting with DEQ for further discussion and
recommendations for plan development and implementation.
For questions, contact Valerie Greear, Water Quality Engineering Manager at(208) 373-0550.
4. Surface Water
• A DEQ short-term activity exemption(STAE) from this office is required if the project will
involve de-watering of ground water during excavation and discharge back into surface water,
including a description of the water treatment from this process to prevent excessive sediment
and turbidity from entering surface water.
• Please contact DEQ to determine whether this project will require a National Pollution
Discharge Elimination System(NPDES)Permit. A Construction General Permit from EPA may
be required if this project will disturb one or more acres of land, or will disturb less than one
acre of land but are part of a common plan of development or sale that will ultimately disturb
one or more acres of land.
• If this project is near a source of surface water, DEQ requests that projects incorporate
construction best management practices (BMPs)to assist in the protection of Idaho's water
resources. Additionally,please contact DEQ to identify BMP alternatives and to determine
whether this project is in an area with Total Maximum Daily Load stormwater permit
conditions.
• The Idaho Stream Channel Protection Act requires a permit for most stream channel alterations.
Please contact the Idaho Department of Water Resources (IDWR), Western Regional Office, at
2735 Airport Way, Boise, or call (208) 334-2190 for more information. Information is also
available on the IDWR website at:
http://www.idwr.idaho.gov/WaterManagement/StreamsDams/Streams/AlterationPermit/AlterationPennit.htm
• The Federal Clean Water Act requires a permit for filling or dredging in waters of the United
States. Please contact the US Army Corps of Engineers,Boise Field Office, at 10095 Emerald
Street,Boise, or call 208-345-2155 for more information regarding permits.
For questions, contact Lance Holloway, Surface Water Manager, at (208) 373-0550.
5. Hazardous Waste And Ground Water Contamination
• Hazardous Waste. The types and number of requirements that must be complied with under
the federal Resource Conservations and Recovery Act(RCRA) and the Idaho Rules and
Standards for Hazardous Waste (IDAPA 58.01.05) are based on the quantity and type of waste
generated. Every business in Idaho is required to track the volume of waste generated,
determine whether each type of waste is hazardous, and ensure that all wastes are properly
disposed of according to federal, state, and local requirements.
• No trash or other solid waste shall be buried,burned, or otherwise disposed of at the project site.
These disposal methods are regulated by various state regulations including Idaho's Solid Waste
Response to Request for Comment
April 23,2020
Page 4
Management Regulations and Standards, Rules and Regulations for Hazardous Waste, and
Rules and Regulations for the Prevention of Air Pollution.
• Water Quality Standards. Site activities must comply with the Idaho Water Quality Standards
(IDAPA 58.01.02)regarding hazardous and deleterious-materials storage, disposal, or
accumulation adjacent to or in the immediate vicinity of state waters (IDAPA 58.01.02.800);
and the cleanup and reporting of oil-filled electrical equipment(IDAPA 58.01.02.849);
hazardous materials (IDAPA 58.01.02.850); and used-oil and petroleum releases (IDAPA
58.01.02.851 and 852).
Petroleum releases must be reported to DEQ in accordance with IDAPA 58.01.02.851.01 and
04. Hazardous material releases to state waters, or to land such that there is likelihood that it
will enter state waters, must be reported to DEQ in accordance with IDAPA 58.01.02.850.
• Ground Water Contamination. DEQ requests that this project comply with Idaho's Ground
Water Quality Rules(IDAPA 58.01.11),which states that"No person shall cause or allow the
release, spilling, leaking, emission, discharge, escape, leaching, or disposal of a contaminant
into the environment in a manner that causes a ground water quality standard to be exceeded,
injures a beneficial use of ground water, or is not in accordance with a permit, consent order or
applicable best management practice,best available method or best practical method."
For questions, contact Albert Crawshaw, Waste&Remediation Manager, at (208) 373-0550.
6. Additional Notes
• If an underground storage tank(UST) or an aboveground storage tank(AST) is identified at the
site,the site should be evaluated to determine whether the UST is regulated by DEQ. EPA
regulates ASTs. UST and AST sites should be assessed to determine whether there is potential
soil and ground water contamination. Please call DEQ at (208) 373-0550, or visit the DEQ
website deg.idaho.gov/waste-mpmt-remediation/storage-tanks.aspx for assistance.
• If applicable to this project, DEQ recommends that BMPs be implemented for any of the
following conditions: wash water from cleaning vehicles, fertilizers and pesticides, animal
facilities, composted waste, and ponds. Please contact DEQ for more information on any of
these conditions.
We look forward to working with you in a proactive manner to address potential environmental impacts
that may be within our regulatory authority. If you have any questions,please contact me, or any of our
technical staff at(208) 373-0550.
Sincerely,
JC � ��
Aaron Scheff
Regional Administrator
Boise Regional Office
ec: CM#2020AEK101