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Deed of Conservation Easement with Kobe LLC and Berry, Arthur for Five Mile Creek Restoration ProjectADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 70 BOISE IDAH012t2210B 09:18 AM DEPUTY Paitl Thompson III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF 10E11~~169 Meridian City ,~ DEED OF CONSERVATION EASEMENT To all future owners of the following described property, SEC 7 T3N R1E OF THE USGS MERIDIAN QUAD SE 1/4, SE'/4 , 500' feet west of Locust Grove at Franklin Road, 700 feet along 5 Mile Creek, within the floodway boundaries as identified on FEMA Flood Insurance Rate Maps 1600100232 and 1600100251 revised February 19, 2003, located in Ada County, Idaho. THIS DEED OF CONSERVATION EASEMENT is made this a~day of 20~~, by Arthur Berry and Kobe, LLC (Grantor), having an addr ss at 1124 Santa Maria Dr. Boise Idaho 83712, in favor of City of Meridian (Holder), having an address at 33 East Idaho Avenue, Meridian, Idaho 83624. WHEREAS, Grantor is the owner of real property (Property) more particularly described in Exhibit A attached hereto and incorporated herein. WHEREAS, U.S. Army Corps of Engineers Clean Water Act (CWA) 404 permit number NWW-2008-206-BO1 a copy of which is attached as Exhibit B and incorporated herein. The final approved permit will authorize certain activities that affect waters of the United States. WHEREAS, the Permit requires that the City of Meridian replace and protect the wetlands as designed in the attached Exhibit C (Designed Wetlands), located on the Property, by keeping the Designed Wetlands in a natural condition. WHEREAS, Grantor, in consideration of the consent granted by the Permit, agrees to convey to Holder a conservation easement placing certain limitations and affirmative obligations on the Property for the protection of the Designed Wetlands and in order that the Designed Wetlands shall remain substantially in its natural condition. WHEREAS, Holder, as a governmental body [see types of Holders in I.C. § 55- 2101] under the laws of the State of Idaho, desires to accept the conservation easement, including covenants and agreements, affecting the Designed Wetlands. WHEREAS, the State of Idaho has recognized the importance and validity of conservation easements by its enactment of the Uniform Conservation Easement Act, Idaho Code Sections 5-2101 through 2109, under which this conservation easement is created. DEED OF CONSERVATION EASEMENT PAGE 1 NOW THEREFORE, for the foregoing consideration, and in further consideration of the restrictions, rights, and agreements herein, Grantor conveys to Holder a conservation easement on, over, under, and across the Designed Wetlands, together with reasonable access from the Property, in perpetuity, consisting of and subject to the rights, conditions, and restrictions, enumerated below and those interests of record as of the date of this conservation easement. Holder accepts the conservation easement and agrees to all attendant terms and conditions. I. PURPOSES/RIGHTS OF HOLDER It is the purpose of this conservation easement to assure that the Designed Wetlands will be retained forever as designed and to prevent any use of the Designed Wetlands that will impair or interfere with the Designed Wetlands. To carry out this purpose, the following rights are conveyed to the Holder: A. To preserve and protect the Designed Wetlands, including the topography, soil, hydrology, vegetation, and wildlife; B. To enter upon the Property at reasonable times to enforce the rights herein granted and to observe, study, and make scientific observation of the Designed Wetlands, upon prior notice to the Grantor, its heirs, successors, or assigns, in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor, its heirs, successors or assigns at the time of entry; and C. To enjoin any activity on, or use of, the Designed Wetlands that is inconsistent with the purpose of this conservation easement and to enforce the restoration of such areas or features of the Designed Wetlands that maybe damaged by any inconsistent activity or use. II. RESTRICTIONS This Deed of Conservation Easement prohibits and limits the following activity in, on, or about the Designed Wetlands: A. Changing, disturbing, altering, or impairing the natural riparian ecosystem and other natural, ecological, or wildlife features or values in and on the Designed Wetlands, except as otherwise provided or allowed herein. B. Construction or placing buildings, roads, signs, billboards, or other advertising, utilities, or other structures on or above the Designed Wetlands. DEED OF CONSERVATION EASEMENT PAGE 2 C. Dumping or placing of soil or other substances or material as landfill, or dumping or placing trash, waste, or other unsightly or offensive materials. D. Removal or destruction of the live trees, shrubs, or other vegetation, except for the removal of noxious or exotic invasive plant species, except as expressly authorized in the Uses and Practices section (Section III) of this Deed of Conservation Easement. E. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such a manner as to affect the Designed Wetlands. F. No agricultural, industrial, or commercial activity .shall be undertaken with respect to the Designed Wetlands. G. Using herbicides or pesticides upon the Designed Wetlands without prior consent of Holder or designated third-party. H. Any other use of, or activity on, the Designed Wetlands or the Property that is or may become inconsistent with the purposes of this grant, the preservation of the Designed Wetlands substantially in its natural condition, or the protection of its environment is prohibited. III. USES AND PRACTICES CONSISTENT WITH THE CONSERVATION EASEMENT The following uses and practices upon the Designed Wetlands, though not exhaustive, are consistent with and shall be permitted by this conservation easement, except for the requirement of prior approval by the Holder or its successors where such requirement is expressly provided herein: A. Landscaping to prevent severe erosion or damage to the Property, provided that such landscaping is consistent with preserving the natural condition of the Designed Wetlands. B. Pruning trees and shrubs to prevent health and safety hazards, including, but not limited to, fire hazards, site obstructions, and road obstructions. Pruning/removing trees and shrubs that establish more density than shown on approved design plans. C. All other acts or uses not prohibited by this conservation easement, which are consistent with the purposes of this grant. DEED OF CONSERVATION EASEMENT PAGE 3 IV. ENFORCEMENT A. Grantor intends that enforcement of the terms and provisions of this conservation easement shall be at the discretion of Holder, and that Holder's failure to exercise its right under this conservation easement in the event of any breach of this conservation easement by the Grantor, its heirs, successors, or assigns, shall not be deemed or construed to be a waiver of Holder's enforcement rights under this conservation easement in the event of any subsequent breach. B. If Grantor or its successors-in-interest violate the terms of this conservation easement, Holder shall have all remedies available at law and equity, including without limitation the right to seek an injunction with respect to such activity and to cause restoration to that portion of the Designed Wetlands affected by such activity to the condition that existed prior to the undertaking of the prohibited activity. C. Holder will pay all costs associated with its obligation to preserve and protect in perpetuity the natural, ecological, and open space of the Designed Wetlands (including costs associated with monitoring compliance with the terms of this conservation easement). D. The Corps, pursuant to its authority under 404(s) of the Clean Water Act, may bring an enforcement action against Holder, its heirs, successors, or assigns, if there is a violation of this conservation easement. V. ASSIGNMENT Holder may assign its interest in this conservation easement without the prior consent of Grantor to any "qualified organization" under Idaho Code Section 55-2101, but shall give Grantor 30 days prior written notice. As a condition of such transfer, the transferee shall agree to all of the restrictions, rights, and provisions, herein and to continue to carry out the purpose of this conservation easement. VI. GRANTOR'S TRANSFER OF THE PROPERTY A. This conservation easement shall run with and burden title to the Property in perpetuity for the benefit of the Holder or its assigns and successors, and shall bind Grantor's heirs, successors, or assigns. B. Grantor shall insert the terms and restrictions of the conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. DEED OF CONSERVATION EASEMENT PAGE 4 C. If Holder, its heirs, successors, or assigns acquire fee title to the Property from Grantor, its heirs, successors, or assigns, it is agreed that the easement will not merge into the dominant estate. Rather, the restrictions, responsibilities, and rights of the Grantor will pass to the Holder upon taking title to the Property. This instrument will become a conservation deed restriction on the Property, subject to all rights, restrictions, and purposes described herein. VII. REVOKE, RELEASE, ALTER, AMEND This conservation easement may be amended, altered, released, or revoked only by written agreement between the parties, their heirs, assigns, or successors. Such an agreement shall be filed in the public records of Ada County, Idaho. VIII. PROCEEDS This conservation easement constitutes a real property interest immediately vested in Holder. In the event that all or a portion of the Property is sold, exchanged or involuntarily converted following extinguishments or the exercise of eminent domain, Holder shall be entitled to the fair market value of this conservation easement. The parties stipulate that the fair market value of this conservation easement shall be determined by multiplying the fair market value of the Property unencumbered by this conservation easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this conservation easement at the time of this grant to the value of the Property (without deduction for the value of this conservation easement) at the time of the grant. Holder shall use its share of the proceeds in a manner consistent with the purposes of this conservation easement. IX. TAXES AND OTHER ASSESSMENTS Grantor, or its successors-in-interest, shall pay all real property taxes and other assessments levied by competent authority on the Property. X. WA~ItRANTY This Deed of Conservation Easement is made with general warranty of title. XI. SEVERABILITY If any part of this conservation easement is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. DEED OF CONSERVATION EASEMENT PAGE 5 XII. NOTICE All notices, consents, approval, or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States first class mail, addressed to the appropriate party or successor-in-interest. Notice shall be deemed received within 7 days after mailing of the specific notice, consent, or approval. XIII. RECORDING The Holder shall record this instrument in a timely fashion in the official records of Ada County, Idaho, and may re-record it at any time as may be required to preserve Holder's rights in this conservation easement. IN WITNESS WHEREOF, the parties have executed this conservation easement, covenants, res;~ictions, and agreement, as of the date specified below. Signature and itle D 0 ~/~~~~ Date HOLDER l ~- ol-c~~ Date ~.~`~~~ `C~ ~~~~''~. ~" "'`"-~ ADO C ~ ~~~~ ~O ~. DEED OF CONSERVATION EASEMENT PAGE 6 Acknowledgements STATE OF IDAHO ) ss County of Ada) The foregoing ~ day ~ -o`fr /^. ~~.~ and his driver's license as i S WHEREOF, I •. ~• o ,,~~9TE OF l9P`~;. a;' ~oTARp •. ..~,~ it *~ ~°UBLiG STATE OF IDAHO ) ss County of Ada ) Residing at My commission expires my hand and seal the day The foregoing conservation easement was acknowledged before me this ~~ day Hof ~ ~ 20 1~, by Q Lee ~~ is~ personally known to me or [ ]has produced his driv is license as identification. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. • X11--' -, ~'~i ~~,'~'~~ 0~,.~~; otary Public for Idaho ~ ~ ~ ~~ Residing at ~~ T( ~ ®'~ ',~ ~ . My commission expires ~ (~~ I '~ l ~ d~~~~ ~i •. DEED OF CONSERVATION EASEMENT PAGE 7 ase ent was acknowledged before me this 1Y1., 20~, by is [,~`] personally known to me or [ ]has EXHIBIT A --- ~- -_ IY ~„ q j I (J~ Z-~~ ~ z t Q W M ~.~ v ~ . ~ N ~~ '~ °4 N G ~ ~ r~ ,' ,. ;,,~. ~ °~ ~,.~t v W ~" ~ m ~ ~ ~^ y ~ ~ W _ tli ~ ~ ~ ~ ~ r . ~ ,~ 7 . V Z V \ " C W ~ O ,. iu C G cq s .~. ~ z ~-. a v } ~ ~ ~ W ,~ ,~. J ~#^ , a 1 ~ Z ~ S r ~ ' Q. D ' r,. r ~_ s y ~~ '- ~~ Q Q ~ sR ~ Z }, ~ ' ` r0 ,r I I I i r' i ~ ~' ~ ~ r ~,;~ x'~ ~~ j'. ~ ~~ ~:.~ - ~~~ ~, .~~ r '~ ~`: z z ~~ V - '~ 7~. I ~}:~ ~ "'.. r 1 ~~ Y~~ f,< :. ,_ ~ L f ~ ~. M~ • .AY . ~ s.~ - "70 . ~ ~ r „~` ~ +1 / ~ ~~ ~5 k ~ ~ { ,. F n. t,, A F ~ZSC' ~'y a~x f ' +W ` ~ i y L. ~ . f ,. ` i } Ems. ~ ~....,.. ,~ ~ "¢rvr ~` s"'} : ~ -~ ~(° ~ ~ EXHIBIT B 1 ~~ REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS BOISE REGULATORY OFFICE 10095 WEST EMERALD STREET BOISE, IDAHO 83704-9754 Apri124, 2008 Regulatory Division SUBJECT: NWW-2008-206-BO1 Mr. Kyle Radek City of Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Dear Mr. Radek: Your proposed discharge of about 100 cubic yards of native dirt fill material into Five Mile Creek and adjacent wetlands to restore 7001inear feet of stream channel to a proper functioning channel is authorized under the terms and conditions of Department of the Army Nationwide Permit (NWP) 27 (33 CFR 330, Appendix A). This authorization requires your project is constructed as shown on the enclosed drawings and complies with the terms and conditions of the enclosed nationwide permit and the special conditions listed below. Your project is located in Section 7, Township 3 North, Range 1 East, near Meridian, in Ada County, Idaho. a. Permittee shall install a water filled bladder or sand bag cofferdam immediately downstream of the Franklin Road box culvert and route stream flow around the project site so work can be accomplished in the dry. b. Permittee shall remove all excess dredged material not used for project construction and dispose of the dredged material at an upland site and in a manner such that it cannot re- enter the waterway. c. Permitteeis responsible for all work done by any contractor. Permittee shall ensure any contractor who performs the work is informed of and follows all the terms and conditions of this authorization (including any special conditions listed above). d. Permittee shall notify the Boise Regulatory Office at 208-345-2154 seven days before construction is scheduled to begin. Please carefully review these conditions. If you cannot meet these conditions, this NWP verification is not valid. If you change the project description in your permit application, this -3- of Water Resources, 2735 Airport Way, Boise, Idaho 83705; and Mr. Jack Gantz, Idaho Department of Environmental Quality, 1445 North Orchard, Boise, Idaho 83706. Sincerely, "r~ Greg~~ artinez Regulatory Project Manager Enclosure: f ti~t+~a ' ~ ;`~'::` UNITED ~TATE~ ' .,•':-~° ~~=:~` `s- -,- ENT OF THE INTERIOR . 7.5 MINUTE SERIES (TOPOGRAPHIC) GEOLOGICAL `vURVEY ~t?, i ~j:'t 2.8 k11. T.7 U.o^^. ^0 ~ 3S' 330000 FEET ?3, i E-~ 5 116°22~3~" EAeL£ 4.8 krr. ._~ , \, , 50 551°~"•E ~ 2.s Mr. To tr.s. 2c - ~ • - • - ti~zl ~ `• C e e ` ~ a w .. ~, .. ` '~Flune CANAL ~ .: ~ ~ 8 ° ~ ' •~ • ' ~ ~~ 2624 •• '1311 °~ ~a • ~. •. m - ._ r ~ '. °' :". ~;~.i ~ are ..,z._:. '\_ . ~. _ ~ ~ ~ -~.-.-ti•.. _. . 2eoa ' • .r .. o • . ^~ `~ n -__.: ~ ~_`~.zt~.-4 ~'~ •• r ~j `--,,~ ' Rume ~ o ~BM 2627 ., >_ ~. a ° Y ~ .~ '~ r a° ~r~ ~P a. ~^'~ ,. °' :..-o'~Yet ''~: F ANKLl1W • ; .. ~ . -; RED• - ~ • .a•i'.'. .. . r t' ?e,;; ~ 1~1b ~° ~r~~~ I Meridian ° gFl(Jk ROUNDS-~.. l' I °` ..,T I `'^ 'can ~ ~~ ~ ~~~ .. 9 ° g ', :3 , '~:, e as ~. rvs ~ a x`~K, ,~~_~ __.-_~~~ _°~.`t~ i at ~.~ .~ l• 1~ . •~ 17 ~:~ ' ® Ra Towers • ° m ° •) ^ i m } `~ ~ _ mss m - _`, T~` ..~i•c°•.r:-"`~F''-~ ~ i~ _', (;~} l1"n.DP!). ' w , @UN \ Paz c~.4 2 ENE aYLdl~c --~- ~--~1Y•v: •~•• ~'l~~w~.:r,._o...m.."=_k+.-... ...«. "''1'°'-;-_,- 2 LA E - ~~~_\ \,~-t$}^~' :I;~'~I ` 1 -rn ~`t~.`~ ~ ~.; ~~ CSC ~-/` ~~ `'• ~ • ~a !1~ • •t ` •~ ° LATERAL .. ^1...,, : ,, !8!! ~ ~ f ° , '\ ~ •••~ a . _ :•--.. n ,. \a ROAD' 1i - c ~ I . • 2644 .pr-' . ~ ~• 2658 ^ ' . •` •. to .r-o~^ _ • '•m ~ 9 sn '1 z ~ a-'. a ~ ' 4, i Grove Sch ,® 6' j' ~- ~ ';,°:_ -•-i 1 ~'-., ~ -~~~•8ravel Pii~, a •~i .,\ a •268 • 1 1 ,..~- ~-_~. 2658 '-_ _ ~ ',;y BM • I^\~ Five Mile Creek Stream Restoration Project sv 9/13J07 The Five Mile Creek Stream Restoration Project is located in Meridian, Idaho, about 500 feet west of the intersection of Locust Grove Road and Franklin Road. The legal description for this site is T3N R1E - SE1/4 NW1/4 SE1/4 of Section 7 . This restoration work includes both sides of the creek for approximately 6801inear feet. It will include earthwork to re-shape the stream channel, and an assortment of re- vegetation activities to populate the site with native grasses, herbaceous hydrophytic plants, shrubs and trees. The primary purpose for initiating this restoration work is to re-create the proper functioning condition in this reach of stream. To do this, some sinuosity will be re- introduced to the stream channel. This will help decrease some of the erosive energy of the water and will in turn, decrease the potential for bank erosion and the amount of suspended sediment that is carried downstream. In addition, the 2-3 year floodplain will be re-created to help slow down these small flood events. This will allow the soils to better absorb the flood flows and will increase groundwater recharge. The riparian corridor and adjacent uplands will be re-vegetated with native species of herbaceous and woody plants. This vegetation will improve the wildlife habitat and will act as a buffer and filter that will contribute to water quality improvement and will improve the aesthetics of the site. This restoration site is in a high visibility location. Public education of riparian functions and values will be an important additional benefit. The City of Meridian plans to build a public use pathway along the stream, providing good opportunity for use, enjoyment and learning about riparian ecosystems. Both sides of the creek are owned by Doug Tamura. Mr. Tamura is enthusiastic about the stream restoration work and is cooperating to help see that the project is completed as planned. He is considering placing an easement on the property. As is currently planned, the City of Meridian will hold that easement in perpetuity, and will be responsible for the operation and maintenance within the easement boundaries. This project is proceeding through the cooperation and collaborative planning efforts of the Ada County Soil and Water Conservation District, the USDA -Natural Resources Conservation Service, the City of Meridian, landowner Doug Tamura, CH2M Hill consultants (Connecting Idaho Program), Nampa-Meridian Irrigation District, The Army Corps of Engineers and the Idaho Department of Water Resources. The cooperative effort of these entities is paramount to the successful completion of this project. ~~~ ~ ,i ~ ~~~ { ~~ s sv10/1/07 Dive Mile Creek Restoration Plan --- Tamura Reach PLANTING PLAN This planting plan provides guidance for installing the hydrophytic, herbaceous and woody plant materials that are planned and needed for the re-vegetation of the Five Mile Creek Restoration, known as the Tamura Reach. The species and quantities of these plants are designed to provide a reasonable density of plant coverage that will prevent soil erosion, provide proper functioning condition, provide wildlife habitat and provide a natural `visual balance' to the restoration site. These are mostly native species and are selected for their functionality and adaptability to the site, as well as their ease of availability. In addition to these `new' plant materials, there are native hydrophytic plants on the site that will be harvested and set aside ,during earthmoving activities, for use when the planting operations begin. Identification of the onsite sedges and rushes that need to be harvested and saved, will be shown and discussed during a site showing, before construction begins. Following, is a list of the existing vegetation that currently dominates the site: Soft Rush (Corrimon Rush) Torry's Rush Baltic Rush Nebraska Sedge Fox Sedge Green Sedge Woolyfiuit Sedge Owlfruit Sedge Hardstem Bulrush Pale or Cloaked Bulrush Russian Olive Whiplash Willow Coyote Willow Reed canarygrass Wildrye Timothy Orchardgrass Redtop Iris spp. Willow-weed Bidens Verbena Attached, as part of this planting plan, are job sheets and technical note publications that present more detailed guidance on harvesting and planting methodologies. /.looo0 2D W 6 Grass seeding will occur for the entire length of the stream reach (~ 700') and will extend approximately 50 feet on each side of the creek channel. Some seed distribution may need to occur on machinery disturbed sites that could occur beyond 50 feet from the stream edge. See the attached CPA - 025 job sheet labeled `Grass' and Practice Standard 327, Conservation Cover. Planting the rooted plugs of the herbaceous hydrophytic plants will occur for the entire length of the stream reach (700'). See the attached CPA - 028 job sheet labeled `Hydrophytic' and Practice Standard 390, Riparian Herbaceous Cover. The Creeping Spikerush and Common Threesquare Bulrush will be planted in shallow standing water or saturated mud, on 1$ inch spacing, on the `water side' of the straw logs. These two species will be planted in alternate groupings, that extend for about 40 to 50 feet along the edge of the water. This is to help create some diversity of appearance and simulate some natural randomness in the growth patterns. The Nebraska Sedge will be planted on 18 inch spacing on the `land side' of the straw logs. They can be planted next to the straw log or within. 8 inches of the straw log, in saturated or moist soil. The Baltic Rush will be planted in anon-linear fashion, about 18 inches in-land from the Nebraska Sedge, on 18 inch spacings. The `point bar' features will be entirely planted with Baltic Rush on 18 inch spacing, in anon-linear fashion. Willow cuttings will be placed in 2 distinct zones. Geyer Willow will be planted at the transition zone where the outside edge of the floodplain meets the toe of the upland zone. These cuttings will be planted in clusters of 3 cuttings, spaced 5-6 feet apart, at approximately 25 sites. These sites will be about 35 - 50 feet .apart, and will be delineated on the ground bypin-flag placements. Booth Willow will be planted in the flat floodplain area, closer towards the water channel. These cuttings will be planted in clusters of 3, spaced 4-5 feet apart, at approximately 34 sites. The sites will be delineated on the ground bypin-flag placement. See the attached CPA - 028 job sheet labeled `Willows', Practice Standard 612 and Riparian /Wetland Project Information Series No.4. None of the willows will be planted on the east side of the channel for this project. Shrubs planted in the dry upland areas will have the specific planting sites delineated on the ground bypin-flag placement. See the attached CPA - 028 job sheet labeled `Upland Shrubs and Practice Standard 612, Tree and Shrub Establishment. Questions concerning this vegetation and planting plan should be directed to Skip Vetten 888-1890 ext. 112 or Rob Sampson at 378-5727. 4-, 4~ a~ ~ t L^ L ~`~~F i _: ~' ~ €.AI~N~i ~~~"1~~5 €~GP ,~€~~~~~ r~;€f,;F~~ - "_~- 5~°`~ bank I~;€€ atiut€: (~€'i~'~ p€~r<am~~ - 8~ ~~ €K €f§-E~S€~~45 C?QUtF'~fi~-.--.,,,,. p f:~(Rid3(?~ SIPTCdC j?1~rt~#n:~s b'ctr4'~i~+ry gv~a r• tca~€~ Esnr,k €Vtl ~rt~tP! l€i~ lrit SECTION ~~t ~''~ ~'~ v ~, -~- - Ala. ~ ~ ¢!~€ ~~~ ~n~ i ~ ~e Na willt~ws wdl ,- ~` ~~ ~€ ~~.:~cra _~. t~ ~~ stile ~~ a ~~ of ~e C T Cie ~~s L' ~ ~ 10 yr~r, f,~C) ~ ~X? ~ .r..- ~€€ €ctt~;;ai banch~~ ~to~€€ ~ p~~C)~~~* 7~L~5 i €'T® i. t'~fYt PSt E?ij :,r} P}uQ;~ ~~ . i.(it1V " ~ t a ~ ! f<c~rr;~~ge. Ytky ~ tit} ~ 1.0~ ~ _-.__.._ _-.~- ~ ii;ISSDr ueT: f3€ €strts l47~Z:iLEi ~~~ ~}• I~I~iNT ~~Tl-4~t,. i€tiiC~`Ir^7Yt3i'~s~"!Gi QO _~f.(E'~ ~ ® ® LI ,'fFA`{.r V ~^~ ~, ~ ~il~~JyY.~i~ 1YYLG ~{.{,~ IV.~jt~ '~ '~r~~~C1 N~1.71 awes-.€. j ,~ 4 ~ y~i'°- ~s+'~t T fyi4Y ~. ~ TeaA ~?SDA -- NATURp;. R~SQiI&CSS CDN~YATI4N SERYIC$ ~'"' U.S. DEPARTMENT OF AGRi~`ULTURE NATURAL RESOURCES CONSERVATION SERVICE TREE-SHRUB-RIPARIAN PLANTING -SPECIFICATION COOPERATOR Meridian Public Works / D. Tamura FIELD OFFICE Meridian USDA - NRCS SLOPE: I % ASPECT: North TYPE OF PLANTING: Hydrophytic Herbaceous ID-CPA-028 October 2006 "HYDROPHYTIC" PRACTICE CODE 390 -Riparian Herbaceous Cover SOIL : Map unit -5 Aeric Haplaquepts PPT ZONE: I 1 inches PURPOSE: Riparian Restoration PLANNING ALL PLANTINGS MUST BE IN ACCORDANCE WITH STANDARDS. ATTACH DESIGN SKETCH OR MAP OF PLANNED PLANTING. 1. AREA PLANNED: FIELD NO. n/a WIDTH: 37 ft LENGTH: 700 ft ACRES: 0.6 2. PLANNED COMPOSITION: PLANTING SHOULD NOT BE LINEAR AS IN WINDBREAKS SPECIES * Baltic Rush - Juncus balticus Nebraska Sedge - Cazex nebrascensis Cr in S ikerush - Eleocharis alustris ROW SPACING 18 inches 18 inches 18 inches PLANT SPACING 18 inches 18 inches 18 inches ACRES * ESTIMATED NO. NEEDED 2330 950 475 Three S e(American Bulrush- Sc' us ungens 18 inches 18 inches 475 * r+nwr~m~n rinr~rnr..~ . VVl \ U11J1i1\ 3. PRESENT GROUND COVER: plants. Minor amounts of woody s v l v rntc~,r iv 1 ~1i 1 KA t' VK Krt'LACEMENTS An assortment of native and aze present. Some desirable native ate and facultative herbaceous will be harvested and 4. PLANTING SITE PREPARATAION- TILLAGFJRlPPING/CHEMICAL/SCALPING/OTHER Some scalping of existing vegetation will occur, and•will be set aside for use during planting operations Final shaping and grading will provide adequate lantmg conditionsunless severe compaction occurs. 5. PLANTING OPERATION -APPROXIMATE DATE PLANNED: April of 2008 PLANTING METHOD -TREE PLANTER/AUGER/HAND/ETC: Dibble tool, auger or shovel 6. IRRIGATION KIND None NONE: X PRE-PLANTING: POST-PLANTING: 7. WEED AND PEST CONTROL (KIND/RATE/VVIiEN): Foliar application of glyphosate or 2,4, D herbicide will be necessary. A `wick' type applicator could be used on tall vegetation such as Reed Canarygrass or Iris p Avoid herbicide contact on desirable species. Always follow instructions on herbicide labels 8. ESTABLISIiMENT PROTECTION (DESCRIBE): Livestock grazing is prohibited. Excessive trampling by foot or vehicle traffic will be avoided until plants are well established. 9. MANAGEMENT RECOMMENDATIONS: Conduct regular scouting to determine the need for follow-up weed control, and to assess the need for r lacement of plants due to mortality losses Regular control of Reed Canarygrass and Ins spp. maybe necessary for 1 or 2 years during the establishment veriod ofhvdronhvtic nlantc PLANNER Skip Vetten USDA - NRCS DATE 10/2/07 I HAVE REVIEWED THIS PLAN AND AGREE TO INSTALL AS DESIGNED. COOPERATOR DATE Qpo o Qpp2 I%IS U.S. DEPARTMENT OF AGRIC URE NATURAL RESOURCES CONSERVATION SERVICE TREE-SHRUB-RIPARIAN PLANTING- SPECIFICATION COOPERATOR FIELD OFFICE SLOPE: 0 - 2% TYPE OF PLANTING: ASPECT: All PPT ZONE: 11 inches Willow cuttings PURPOSE: Riparian restoration of floodplam PLANNING ALL PLANTINGS MUST BE IN ACCORDANCE WTTH STANDARDS. ATTACH DESIGN SKETCH OR MAP OF PLANNED PLANTING. 1. AREA PLANNED: FIELD NO. ----- WIDTH: 37 ft LENGTH: "~00 ft. ACRES: 0.6 2. PLANNED COMPOSITION: PLANTING SHOULD NOT BE LINEAR AS IN WINDBREAKS SPECIES * ROW SPACING PLANT SPACING ACRES * ESTIMATED NO. NEEDED Ge er willow - Saliic ge eriana ---- ------- 45 " est side = 15 clusters of 3 each = 45 cuttin s side =none Booth willow - Salix boothii --_- -- 72 (West side = 24 clusters of 3 each = 72 cuttin s) (East side =none t:UN51llEK VKllEKiNCi 10 PERCENT EXTRA FOR REPLACEMENTS 3. PRESENT GROUND COVER: An assortment of native and introduced obligate and facultative herbaceous and woody plants. 4. PLANTING SITE PREPARATAION -TILLAGE/RIPPING/CHEIVIICAL/SCALPING/OTHER Construction and earthmoving activities will cause substantial soil disturbance on most of the site. Final shaping and grading will provide adequate planting conditions, unless severe compaction occurs. 5. PLANTING OPERATION -APPROXIMATE DATE PLANNED: aril of 2008 PLANTING METHOD - TREE PLANTER/AUGER/HAND/ETC: Auger or `stinger' type digging tool. 6. IRRIGATION KIND NONE: X None PRE-PLANTING: POST-PLANTING: 7. WEID AND PEST CONTROL {KIND/RATE/WHEN): Foliar application of glyphosate or 2,4; D herbicides _ will be necessary next to the cuttings. Spot treatment for broadleaf or grassy weed competition will be as needed dunng 1 or 2 growing seasons during plant establishment. 8. ESTABLISHMENT PROTECTION (DESCRIBE): Livestock grazing is not allowed. Competition from surrounding vegetation will be controlled by mechanical or chemical means for 1 or 2 growing seasons during plant establishment. 9. MANAGEMENT RECOMIvIENDATIONS: Conduct regular scouting, to determine the need for follow-up weed control, and to assess the need for replacement of !ants due to mortality losses. PLANNER Skip Vett~n USDA - NRCS DATE 10/2!07 I HAVE REVIEWED THIS PLAN AND AGREE TO INSTALL AS DESIGNED. COOPERATOR DATE ID-CPA-028 October 2006 "WII1L0 WS" Meridian Public Works / D. Tamura PRACTICE CODE 612 -See Info. Series No. 4 Meridian USDA - NRCS SOIL : Map unit - 5 Aeric Haplaquepts N v 'T ~, I .. ... .t .._.. ~::. U.S. DEPARTMENT OF t_ _:ICULTURE NATURAL RESOURCES CONSERVATION SERVICE SEEDING/ PLANTING PLAN -SPECIFICATION COOPERATOR .Meridian Public Works / D. Tamura FIELD OFFICE Meridian -USDA -NRCS SOIL: Map unit - 5 SLOPE: 0 - 30% PRACTICE CODE FIELD NO. n/a ASPECT: "GRASS" ID-CPA-025 October 2006 327 -Conservation Cover All PPT ZONE: 11 inch PLANNING ALL SEEDINGS MUST BE 1N ACCORDANCE WITH STANDARDS. 1. SEEDBED PREPARATION - TII-LAGE/PACKING/OTHER _Some compaction of the seeding area is likely during earthmoving activities. Light disking or other soil loosening efforts maybe necessary before broadcast seeding takes place. 2. SEEDING OPERATION Broadcast O~rt Q ~ APPROXIMATE DATE PLANNED: Apri12008 DRILL: n/a SPACING: DEPTH: --- CARRIER; _ BROADCAST: RAICE/IiARROW/MULCH/ETC.: Hand lied with whirlybird type spreader COVER CROP (PRIOR TO SEEDING): n/a NURSE CROP (RATES/KIND): n/a FERTILIZER (R.ATES/KIND): n/a IRRIGATION: None 3. WEID AND PEST CONTROL (KI1~1D/RAT~: Broadleaf weed. control is necessary after grass seedlings reach appropriate size, as listed on herbicide label Some additional herbicide spot treatments of noxious, grassy and broadleaf weeds is hlcely for 2 or more growing seasons, especially on Reed Canarygrass and Iris spp 4. ESTABLISHI~~ENT PROTECTION (DESCRIBE): Livestock grazing is not allowed. Some grazing and browsing by wildlife is likely. Ducks, geese, songbirds, rodents and perhaps deer aze common residents Plant damage by these species is likely to be minnmal, 5. MANAGEMENT RECOMMENDATIONS: Protection from motorized and mechanized vehicles is needed. Protection from excessive foot traffic and trampling is needed Neither disturbance is expected to be a significant problem durng plant establishment. 6. SPECIES AND PURE LIVE SEED (PLS) SEEDING RATES (BULK RATES WILL BE HIGHER): Cultivaz Species . ____ r~~ic~ ivs. r.W COVc7C OVICId ~ 2 40 Thidcspike VUhea~grass Cxitarna ~~ 0 2 28 Big Bluegrass - Fla n ~ ~a 0 2 12 Streambank Wl~atgras Solar ~PY~ riparium 0 2 20 aci~ed Redtop - f~rostis alba 0 2 10 ~n9 ~ - adapted Agrosfis palusins 0 2 10 app~0[~~Lf U.S. DEPARTMENT OF AGRIC URE NATURAL RESOURCES CONSERVATION SERVICE TREE-SHRUB-RIPARIAN PLANTING -SPECIFICATION COOPERATOR Meridian Public Works / D. Tamura FIELD OFFICE SLOPE: 1- 20% Meridian - USDA -MRCS TYPE OF PLANTING: ASPECT: West & East Upland shrubs ID-CPA-028 October 2006 "UPLAND SHRUBS" PRACTICE CODE 612 -Tree & Shrub Establishment SOII.: Map unit - 50 Elijah Silt Loam PPT ZONE: 11 inches PURPOSE: Riparian Restoration -Uplands PLANNING ALL PLAI~~'T1NGS MUST BE IN ACCORDANCE WITH STANDARDS. ATTACH DESIGN SKETCH OR MAP OF PLANNED PLANTING. 1. AREA PLANNED: FIELD NO. n/a WIDTH: 100' LENGTH: 700 ft ACRES: 1.6 2. PLANNED COMPOSITION: PLANTING SHOULD NOT BE LINEAR AS IN WINDBREAKS SPECIES * ROW SPACING PLANT SPACING ACRES * ESTIMATED NO. ° NEEDED Golden Current - R.ibes aureum 21 Skunkbrush Sumac - Rhus trilobata 21 Chokech - Prunus virginiana 21 S ga ockorange) - Phrladel hus lewisii 21 NOTES: All of these shrub cies will be planted in random clusters as marked by in flags in the field. * CONSIDER ORDERING 10 PERCENT EXTRA FOR REPLACEMENTS 3. PRESENT GROUND COVER; An assortment of perennial and annual weedy broadleafs and grassy species. 4. PLANTING SITE PREPARATATON -TILLAGE/RIPPING/CHEMICAL/SCALPING/OTHER Construction and earthmoving activities will cause substantial soil-disturbance. Final shaping and grading of soil, will provide adequate planting conditions. If severe compaction occurs, some soil loosening activities may be necessary. bCT. ~o ~ 5. PLANTING OPERATION -APPROXIMATE DATE PLANNED: April of 2008 PLANTING METHOD -TREE PLANTERlAUGER/HAND/ETC: Dibble tool, auger, or shovel. 6. IRRIGATION KIND None. Unless a volunteer work force provides hand applied bucket watering. NONE: None PRE-PLANTING: POST-PLANTING: 7. WEED AND PEST CONTROL (K1ND/RATE/WHEN): Weed control is necessary. Control of adjacent grassy and broadleaf vegetation is necessary for 2 or more years, to prevent excessive competition during shrub establishment. 8. ESTABLISIEvl)/NT PROTECTION (DESCRIBE): Livestock grazing is not allowed. Some browsing by wildlife is likely. Ducks, geese, songbirds, rodents and perhaps deer are common residents. Protection from heavy use by deer maybe needed. 9. MANAGEMENT RECOMMENDATIONS: Protection from mowing and trampling is needed Tall growth from competing vegetation can cause excessive mortality of new dryland shrubs. Chemical or mechanical control of competing vegetation is necessary. If possible, occasional supplemental watering is very desireable. PLANNER Skip Vetten USDA - NRCS DATE 10/2/07 I HAVE REVIEWED THIS PLAN AND AGREE TO INSTALL AS DESIGNED. COOPERATOR DATE NOTE: On thy`: Easf side of the creek. Plant one cluster of three shrubs ~ every 70 feet. O~ri tfie 1Nesf side of the creek. Plant one cluster of three shrubs -every 40 - 50 feet. m s U m _Cp C cd Q ~ C w ~r ~ ~ z r.+ O m = mY LC -° ~^ c~ Y _®t ~ 07 n... 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Pr~.tiS 9 `ffiS'l,!°rla.~h8~_ _ ~ USI3A -NATURAL R~S4URGES CONBERYATION SERVICE °i`° - -~ - ~ i a ;~ ~a~3 C~L.~.~ 1~1.1'~N VI~UV ~ ?C?~'05~~ ~IV~ ~II.~ G~~K ..I~ ~f.~5 ~N~ ~IC-~5 ~:. t ~>~ ~ f L *'~ - ~r ~ ,~~ n'"~ ~S- ~'ttu~ r - rr t ;;:I .y,l.. ~ ~` ~. -~. :~- 1~ ~ _ _ ~ .w~ ~ E ~' "~ `~ F ~ ~{{ ~ ~: ~Y? r r ~ L ~. F /rte aid _ '~:,j - c ~-'~ Y ~ `rk t. _ t ~,- ~;i t ~ _ - -y i a . ~ '~6~, >t ' mot' - ~ 1 2. ~, t ~ ~. ~:. °r ~ ~ ~ ~ '~4C• y~ ti:~] ~ 1 ' ~ {(` tC- .. .lam i '~. - `~[ F~` ~ ~ ~ "~ ~ - - ; _. --- ~«~ o ,~ ~~, ~~ sic. 7, r 3 t~, ~ ~ ~ ~'I~AN VI~~V ~~ ~' 1~C~5~~ ~IV~ M~I~~ C~K --~~~~' .~L ~~~ t r-~ ~t'; `~-~ ;` ~ ~~ ~~~-; s ~ ya ~ x t~. .F id x s- -~''~ ~-- ~~~~~.~ ~,,;. ~. .~. .,~- ~.;~ ~:~. -' '~ ~. s ~~ a j~ `}' ~.~. a 3'. d- ~ '~ _ ~. :~Y ~ ~ v ~ r~ S ' 4 r• _ - .fry ~~~~ , 4 { ~~ ~ - ~: ~r _ a,~.. _ ~ L J ~. -. G ,y '~ ~ > F ~ i 1~1~ s ~ ~ l _ t 4 ] Y ~~ _ ~~. 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N~1?l~Wy ~7 TM'°"+ ~.`: USDA - NATURAL RESQURCES CdNSERVATiON SERVICE °'°'Q STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1445 North Orchard • Boise, Idaho 83706 • (208) 373-0550 April 11, 2008 Kyle Radek, P.E. City of Meridian Public Works Department 660 E Watertower, Suite 200 Meridian, ID 83642 Re: Reference No. 2008-206-BO1 Stream Channel Restoration on Five Mile Creek Dear Mr. Radek: C.L. "Butch° Otter, Governor Toni Hardesty, Director RECEIVED APR 1610Q~ Regu9atc~trgt ®i~isi®aa ~~><S~ The Department of Environmental Quality (Department) has considered water quality certification for construction related to the referenced project. We have reviewed the subject application and have the following comments and conditions. General If dewatering is required during construction, ashort-term activity exemption must be obtained from this office. Please contact Craig Shepard at 373-0557 for further information if necessary. Fills Material may not be placed in excess of the minimum needed for erosion protection. All temporary fills shall be removed in their entirety on or before the completion of construction. Fill material shall be free of organic and easily suspendable fine material. The fill material to be placed shall include clean earth fill, sand, and stone only. Whenever practicable, discharges of dredged or fill material shall be conducted during low flow periods. Structural fill or bank protection shall consist of materials that are placed and maintained . to withstand predictable high flows in the watercourse. Discharges of dredged or fill material in excess of that necessary to complete the project shall not be permitted. Kyle Radek, P.E. City of Meridian Public Works Department Page 2 Erosion Control Disturbance of the existing channel bottom and native vegetation shall be kept to a minimum. Areas disturbed by a project which are suitable for vegetation shall be seeded or revegetated to prevent subsequent soil erosion. Sediment that is the result of this activity must be mitigated to prevent violations of the turbidity standard as stipulated under Section 58.01.02 of the Idaho Water Quality Standards and Wastewater .Treatment Requirements.. Any violation of this standard must be reported to this office immediately. Permanent erosion and sediment control measures shall be installed at the earliest practicable time consistent with good construction practices and shall be maintained as necessary throughout the operation of the project. One of the first construction activities shall be the placement of permanent and temporary erosion and sediment control measures around the perimeter of the project or initial work areas to protect the project water resources. Constreactdon Actdvdtaes Work in open water is to be kept at a minimum and only when necessary. Equipment shall not enter the stream channel to complete the work. Fording of the channel is not permitted. Temporary bridges or other structures shall be built if crossings are necessary. Equipment and machinery must be removed from the area of waterway prior to refueling, repair and/or maintenance. Equipment and machinery shall be steam cleaned of oils and grease prior to entering a waterway. Measures shall be taken to prevent spilled fuels, lubricants, or other toxic materials from entering the watercourse. To the extent reasonable and cost-effective, the activity submitted for certification shall be designed to minimize subsequent maintenance. If construction is completed and mitigation implemented in accordance with the information provided in the application and the comments and conditions above, the Department certifies under Clean Water Act Section 401 that the construction of the project will comply with applicable requirements of Sections 301, 302, 303, 306 and 307 of the federal -Clean Water Act (PL92-500), as amended, and will not violate Idaho Water Quality Standards (IDAPA 58.01.02). This certification shall remain in effect until June 30, 2009, at which. time construction must be completed. Kyle Radek, P.E. City of Meridian Public Works Department Page 3 Water quality certification provided herein shall be revoked for failure of the permittee to comply with the conditions of this certification or the terms and conditions of the referenced permit. Revocation shall become effective upon written notice to the permittee, and all activities permitted under the referenced permit shall immediately cease until. the permittee obtains another water quality certification from the Department. This Section 401 Water Quality Certification and associated conditions may be appealed by submitting a request in writing within 35 days for a hearing, pursuant to Title 67, Chapter 52, Idaho Code and the Rules of Administrative Procedure before the Board of Environmental Quality, IDAPA 58.01.23. The request for a hearing must be filed with the hearing coordinator at the following address: Hearing Coordinator Department of Environmental Quality 1410 N. Hilton Boise, ID 83706 Please contact me at (208) 373-0599 if you have any questions or further information to present. Sincerely, ~Q,~i/~ . J ck M. G tz, .E. T chnical I weer oise Regional Office JMG:vee c: Greg Martinez, COE, Boise Source File #20, Reading File _. _~ Compliance Certification Department of the Army Permit Number: NWW-2008-206-BO1 Name of Permittee: City of Meridian Date of Issuance: April 24, 2008 Sign and return this Compliance Certification when you complete the project authorized by this permit and any required mitigation. Return this certification to: Corps of Engineers Boise Regulatory Office 10095 W. Emerald Street Boise, Idaho 83704-9754 Please note your permitted activity is subject to a compliance inspection by a representative of the U.S. Army Corps of Engineers. If you fail to comply with this permit, the permit is subject to suspension, modification, or revocation. I hereby certify the work authorized by my permit is completed according to the required terms and conditions and complies with the required mitigation. Signature of Permittee NOTITICAT'iON QF ADM~NI5TRA~'IVE APPEAL OP`TIOIVS AND PROCESS AND, R~'.QL?~;ST FOR, APYE.~L ._. ~ _ A licant: Ci of Meridian File Number: 2008-206-BOl Date: March 21, 2008 Attached is: See Section Below INITIAL PROFFERED PERMIT (Standard Pernut or Letter of Pernussion p PROFFERED PERMIT (Standard Pemut or Letter of Permission B PERMIT DENIAL C X ~ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ~~. SI l ~'~ I ~- ] ~~~~ v ,~~ ;~ o~ d,n ~ ~ ti~e~~l c~e~ ~~s~ nc~~:~dd~r~~o~,al A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: Lf you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its temps and conditions, and approved jurisdictional detemvnations (JD) associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the foam to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit. ACCEPT: ff you received a Standard Pemrit, you may sign the pemut document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and wnditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain temvs and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division en ' eer. This form must be received b the division en ' eer within 60 da of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D; APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: ff you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division en ' eer within 60 da of the date of this notice. E: PRELIIvIINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction: Also ou ma ovide new information for further consideration b the Co s to reevaluate the JD. ~~- ~1' l>11V1~("11 ~~51.~..~. 1 _ ~x At',rL+ o.~~ ,~,.~,YC)lv,~,,1(~~ ~_1N11AL~YK~~'~'L,}K~,D`~~R~' _ ~-, _ REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental infom~ation that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional in_forma_tion to clarify the location of information that is ahead in the administrative record.. - - - - -- - - - - -__ ' , " r 0~, COI CQN >~CT_FQI~ QUFSTit~tiS ~l~ II~FC~aRRIATIO~: _ If you have questions regarding this decision and/or the appeal process If you only have questions regarding the appeal process you you may contact: may also contact: District Engineer U.S. Army Corps of Engineers ATTN: A. Bradley Daly - Northwestern Division .Regulatory Division Wa11a Walla District Attn: David Gesl, Appeal Review Officer 201 North 3~ Avenue P.O. Box 2870 Walla Walla, Washington 99362-1876 Portland, Oregon 97208-2870 Telephone (509) 527-7150 Telephone (503) 808-3825 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the groj ect site during the course of the appeal process. You will be provided a 15 day notice of any site invesii ation, and will have the o rtuni to attic' ate in all site investi tions. Si afore of ellant or ent Date: Tel hone number J~ Print~Form APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers SECTION 1: BACKGROUND INFORMATION Page 1 of 7 A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 23-Apr-2008 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Walla Walla District, NWW-2008-00206-B01-JD1 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State : ID -Idaho County/parish/borough: Ada City: Meridian Lat: 43.609391188143526 Long: -116.37965931744428 Universal Transverse Mercator: [ ] Name of nearest waterbody: Five Mile Creek Name of nearest Traditional Navigable Water (TNW): Boise River Name of watershed or Hydrologic Unit Code (HUC): 17050114 .Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. r Check if other sites (e.g., offsite mitigation sites, disposal sites, etch) are associated with the action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION: Office Determination Date: r~' Field Determination Date(s): 19-Mar-2008 SECTION Ii: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION There ~ ~ "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) m the review area. Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ~) "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area: Water Name water Types} Present City of Meridian-Site 1 Relatively Permanent Waters (RPWs) that flow directly or indirectly into TNWs https://orm.usace.army.miUorm2/f?p=106:34:1411817347981124::N0:: 4/23/2008 Jd Print Form b. Identify (estimate) size of waters of the U.S. in the review area: Area: Linear: c. Limits (boundaries) of jurisdiction: based on: [ ] OHWM Elevation: (if known) 2. Non-regulated waters/wetlands:3 ~, Page 2 of 7 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional, SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs 1.TNW Not Applicable. 2. Wetland Adjacent to TNW Not Applicable. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (iF ANY): 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: [ ] Drainage area: [ ] Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics (a) Relationship with TNW: I Tributary flows directly into TNW. ~ Tributary flows through [ ]tributaries before entering TNW. :Number of tributaries Project waters are [ ]river miles from TNW. Project waters are [ ]river miles from RPW. Project Waters are [.] aerial (straight)-miles from TNW. Project waters are [ ] aerial(straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW:5 Stream Order, if known: Tributary Name hops://orm.usace.army.miUorm2/f?p=106:34:1411817347981124::N0:: 4/23/2008 J$ Print Form Page 3 of 7 2 ~ City of Meridian-Site 1 (b) General Tributary Characteristics: Tributary is: Tributary Name Natural Artificial Explain Manipulated Explain Five Mile Creek is a highly altered stream. Most of its reach has be City of over the last 100 years, with major alterations occurring around 19 Meridian-Site 1 - - - X BOR altered the stream and made it part of an irrigation system for That alteration re-routed the creek in many locations and enlarged carry irrigation. Tributary properties with respect to top of bank (estimate): Tributary Name Width (ft) Dapth (ft) Side City of Meridian-Site 1 10 5 2:1 Primary tributary euhs+ratp r_mm~nci+inn• Tributary Name Silt Sands Concrete Cobble Gravel Muck Bedrock Vegetad City of Meridian-Site 1 X X - - X - - - Tributary (conditions- stability- nrr+cranr_p_ nanmw+rv nrariian+l• Tributary Name ConditionlStability Run~RtffielPool Complexes Geometry City of The stream is relatively stable. It normally The stream is highly altered and routinely Relatively Meridian-Site 1 does not experience high flow events which cleaned out. The stream has no pool or riffle straight would cause bank erosion. complex (c) Flow: Tributary Name Provides for Events Per Year Flow Regime D~ City of Meridian- Site 1 Intermittent but not seasonal flow 20 (or greater) the middle to lower reaches of the stream is perennial. The upper reach of the stream is ephemeral. _ Surface Flow is: Tributary Name Surface Flow Characteristics City of Meridian-Site 1 Confined well defined channel due to alterations and routine cleaning of the channel Subsurtace Flow: Tributary Name Subsurface Flow Explain Findings Dye (or oth City of Meridian-Site 1 Unknown - - Tributary has: Tributary Name Bed & Sands . OHWM Discontinuous OHWM7 City of Meridian-Site 1 X X - Tributaries with OHWMs - (as indicated above) Tributary Name OHWM Clear Litter Changes Destruction Shelving Wrack Line MattedlAbsent Sediment Leaf Litter Scow in Soil Vegetation Vegetation Sorting https://orm.usace.army.miUorm2/f?p=106:34:1411817347981124::N0:: 4/23/2008 Jd Print Form City of Meridian-Site X X - X - - - - 1 If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction: Page 4 of 7 - ~ - ~ - High. Tide Line indicated by: Not Applicable. Mean High Water Mark indicated by: Not Applicable. (iii) Chemical Characteristics: (:harar_tprize trihutarv (e_a__ water color is clear. discolored. oily film: water aualitv:aeneral watershed characteristics Tributary Name Explain identify specific pol City of Meridian- Site 1 during the winter months when.the streram is carrying base flow, the water is clear. From April through October when irrigation water is added the water is turbid. sediment, nutrient (ivl gioloaical Characteristics. Channel suooorts: Tributary Name Riparian Corridor Characteristics wet9and Fringe Characteristics City of Meridian- Site 1 _ _ X stream has narrow wetland fringe from the middle reac down to the confluence with Ten Mile Creek. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties• Not Applicable. (b) General Flow Relationship with Non-TNW: Flow is: Not Applicable. Surface flow is: Not Applicable. SubsurFace flow: Not Applicable. (c) Wetland Adjacency Determination with Non-TNW: Not Applicable. (d) Proximity (Relationship) to TNW: Not Applicable. (ii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Not Applicable. hops://orm.usace.army.miUorm2/f?p=106:34:1411817347981124::NO:: 8 4/23/2008 • Jd Print Form (iii) Biological Characteristics. Wetland supports: Not Applicable. 3. Characteristics of all wetlands adjacent to the tributary (if any): All wetlands being considered in the cumulative analysis: Not Applicable. Summarize overall biological, chemical and physical functions being performed: Not Applicable. C. SIGNIFICANT NEXUS DETERMINATION Page 5 of 7 A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Significant Nexus: Not Applicable D. DETERMINATIONS OF JURISDICTIQNAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE: 1. TNWs and Adjacent Wetlands: Not Applicable. 2. RPWs that flow directly or indirectly into TNWs: wetland (dame Flow F~cplaln Five Mile Creek is a stream channel that exibits seasonal flow in the upper part of the drainal City of perennial flow in the middle and lower reches of the drainage. At the project site flow is perer Meridian-Site PERENNIAL. stream has a watershed of 94.25 square miles and receives about 10 inches of annual perch 1 calculated 100 year flood event is a flow of 6800 cfs and it has calculated 2 year flow of 161 normal flows rarely exceed 12 cfs. Provide estimates for jurisdictional waters in the review area: wetland.Rlame Type Size {Linea City of Meridian-Site 1 Relatively Permanent Waters (RPWs) that flow directly or indirectly into TNWs 213.36 Total: 213.36 3. Non-RPWs that flow directly or indirectly into TNWs:8 Not Applicable. Provide estimates for jurisdictional waters in the review area: Not Applicable. 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Not Applicable. https://orm.usace.army.miUorm2lf?p=106:34:1411817347981124::N0:: 4/23/2008 ' Jd Print Form 4/23/2008 Provide acreage estimates for jurisdictional wetlands in the review area: Not Applicable. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs: Not Applicable. Provide acreage estimates for jurisdictional wetlands in the review area: Not Applicable. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs: Not Applicable. Provide estimates for jurisdictional wetlands in the review area: Not Applicable. 7. Impoundments of jurisdictional waters:9 Not Applicable. Page 6 of 7 E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS: ~ o Not Applicable. Identity water body and summarize rationale supporting determination: Not Applicable. Provide estimates for jurisdictional waters in the review area: Not Applicable. F. NON-JURISDICTIONAL WATERS. INCLUDING WETLANDS I If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements: ~a Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce: Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based soley on the "Migratory Bird Rule" (MBR): Waters do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (Explain): Other (Explain): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (ie., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment: Not Applicable. Provide acreage estimates for non jurisdictional waters in the review area, that do not meet the "Significant Nexus°' standard, where such a finding is required for jurisdiction. https://orm.usace.army.miUorm2/f?p=106:34:1411817347981124::N0: " ~` J~ Print Form Not Applicable. Page 7 of 7 ~-Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2-For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least ~seasonally~ (e.g., typically 3 months). 3-Supporting documentation is presented in Section III.F. 4-Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. s-Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows -into TNW. s-A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody~s flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. ~-Ibid. 8-See Footnote #3. s -To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. ~ o-Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. https://orm.usace.army.miUorm2/f?p=106:34:1411817347981124::N0:: 4/23/2008 J NATIONWIDE PERMIT 27 Aquatic Habitat 12estoration, Establishment, and ]Enhancement Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal streams and other non-tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore or establish stream meanders; the backfilling of artificial channels and drainage ditches; the removal of existing drainage structures; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there aze net increases in aquatic resource functions and services. Except for the relocation of non-tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa) or uplands. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding wetland enhancement, restoration, or establishment,agreementberween the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NNIFS), the National Ocean Service (NOS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the MRCS or USDA Technical Service Provider pursuant to MRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs alter this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior-converted cropland that has not been abandoned or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the pernuttee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an azea has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements aze applicable to that type of land at the time. The requirement that the activity result in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future dischazge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting: For those activities that do not require pre-construction notification, the pemuttee must submit to the district engineer a copy of: (1) The binding wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSM or the applicable state agency. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification. The permittee must submit apre-construction notification to the district engineer prior to commencing the activity (see general condition Z'~, except for the following activities: (1) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, or their designated state cooperating agencies; (2) Voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coalmine lands, in accordance with an SMCRA pemut issued by the OSM or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation. (Sections 10 and 404) R Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee programs. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent Regional Conditions Notification under General Condition 27 shall include the following: a Description of the pre-project site conditions, photographs, general wetland functions and services the site provides and benefits anticipated from project construction. b. For projects which involve creation of stream meanders, riffle and pool complexes or pool stream structures, provide evidence the structure is designed by an expert in river dynamics such as a hydrologist, fluvial morphologist or wetland expert. - c. For projects which involve discharges in high value wetlands (forested wetlands, peatlands, vernal pools, kettles, or wetlands identified in Idaho Department of Fish and Game Wetland Conservation Strategy1 as Class I, Class II, Reference and Habitat sites), provide a monitoring plan which includes annual reporting, and identify any necessary maintenance required, to ensure a net increase in aquatic resource functions. and services. Water Quality Certification -CONDITIONS THAT ARE NECESSARY TO ASSURE COMPLIANCE WITH WATER QUALITYSTANDARDS Activities on Impaired Waters Prior to commencing work, the permittee must notify the appropriate Regional IDEQ Office of all activities that occur on waters not meeting state water quality standards ("impaired waters'), regardless of whether the Corps requires apre- construction notification. This notification must be in writing and must contain a project description, location, name of affected water body, start and completion dates, a description of planned best management practices (e.g. methods that will be used to control turbidity), and permittee contact information. The most current EPA-approved IDEQ Integrated Report at the time of the proposed activity must be used for determining whether the affected water is considered an impaired water. A copy of the current, EPA-approved final 2002 Integrated Report can be viewed at: httD•//www deg idaho gov/water/data reports/surface water/monitoring/2002.cfm. This URL also has a Zink to IDEQ's map-based Integrated Report which presents information from the Integrated Report in a searchable, map-based format. Activities on impaired waters with a total maximum daily Zoad (TMDL) must be implemented by the permittee in a manner that is consistent with the TMDL. IDEQ believes that if the permittee fully complies with the conditions of this certification (most notably the best management practices and bank stabilization conditions), then the project will likely comply with the TMDL. The permittee is advised to contact the appropriate regional office to determine if their project will be in compliance with the TMDL. A Zist of EPA-approved TMDLs is available online ut: htta•//www deg.idaho.~ov/water/data reports/surface water/tmdls/sba tmdl master list.c{m. Best Management Practices Best management practices (BMPs) must be designed, implemented, and maintained by the permittee to fully protect and maintain the beneficial uses of waters of the state. Furthermore, the permittee must monitor and evaluate BMP effectiveness during project construction to determine if water quality standards are being met. If there are indications that water quality standards are not being met (such as a plume of suspended material), then the BMPs must be modified as necessary to ensure compliance with water quality standards. Approved BMPs for specific activities (such as mining, forestry, stream channel alteration) are codified in IDAPA 1 Idaho Department of Fish and Game (/DFG) Wetland Conservation strategies have heap devaropad for Henrys Fork Basin, Northern Idaho, Big Wood River Basin, Southeastern Idaho, East-Centre! Idaho and Spokane River Basin, Midd/e and Western Snake River end tributaries, and the Upper Snake River and adjacent wetlands. Refer to the Internet site at h7`TjJ:/~WWW2. State, /q: US~f/Sl7game~/r)fO~CDC~WL'tl2ndS.ll tm for acomp/ate list of /DFG wetland publications. The Conservation Strategies are authored by Jancovsky-Jones. 58.01.02.350. In addition, IDEQ has a catalog of stormwater best management practices that is available on line at: htto://www.dea.idahogov/water/data reports/storm water/catalog/index cfm This catalog presents avariety ofBMPs that can be used to control erosion and sediment during and after construction. Other sources of information are also available and may he use for selecting appropriate BMPs. Wood Preservatives Any use of treated wood materials in the aquatic environment must be conducted in accordance with IDEQ Policy # PM97-1, "Water Quality and Wood Preservatives Policy Memoranda. "This is available on-line at: http://www.dea.idaho.gov/rules/policies/pm97 Z.cfm. Hazardous and Deleterious Materials Hazardous and deleterious materials (e.g. oil, gasoline, chemicals, trash, and sawdust) must not be stored, disposed of, or accumulated adjacent to or in the immediate vicinity of waters of the state unless adequate measures and controls are provided to ensure that those materials will not enter waters of the state. Bank Stabilization Any projects involving bank stabilization must incorporate, wherever practicable. bioengineering techniques (using root wads and vegetation) in the bank stabilization design. General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate, 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. 1 Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescn~ed by the U.S. Coast Guazd, 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 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 azea, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 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 aze 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 azeas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48. 6 Suitable Material. No activity may use unsuitable material (e.g., trash, debris, caz bodies, asphalt, etc.). Material used for construction or dischazged 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 inimi~ed 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 and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of nom~al or high 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. 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 aze encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13 Removal of Temporary Fills. 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. 15 Wild and Scenic Rivers. No 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. Information on Wild and Scenic Rivers maybe obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 16 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. 17 Endangered Species. (a) No activity is authorized under any NWP which is likely to 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 destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species of critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, 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 designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that maybe affected by the proposed work or that utilize the designated critical habitat that maybe affected by the proposed work. 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. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a 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 U.S. FWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide Web pages at http://www; fws.gov/ and http://www.noaa.gov/fisheries.html respectively. 18 Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal pemuttees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c) Non-federal permittees must submit apre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties maybe affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall detern~ine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective pemuttees should be awaze that section 110k of the NHPA (16 U.S.C. 4.70h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19 Designated Critical Resource Waters. Critical resource waters include, NOAH-designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Dischazges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 20 Mitigation. The district engineer will consider the following factors when detemuning appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment aze minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment aze minnnal. (c) Compensatory mitigation at a minimum one-for-one raxio will be required for all wetland losses that exceed 1 10 acre and require pre-construction notification, unless the district engineer determines in writing that some other form of mitigation would be mote environmentallyappropriate and provides aproject-specific waiver of this requirement. For wetland losses of 110 acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream restoration, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of z acre, it cannot be used to authorize any project resulting in the loss of greater than ' z acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigariom can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waxers will normally include a requirement for the establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas maybe the only compensatory mitigation required. Riparian azeas should consist of native species. The width of the required riparian area will address documented waxer quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where ripazian areas aze determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. V (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of--way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 21 Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individua1401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22 Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23 Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 24 Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 13-acre. 25 Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide pemut verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide pemmt verification must be atfached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide pemut aze still in existence at the time the property is transferred, the terms and conditions of this nationwide pernut, 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 and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 26 Compliance Certification. Each permittee who received an NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation. The certification form must be forwazded by the Corps with the NWP verification letter and will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the pemuttee certifying the completion of the work and mitigation. 27 Pre-Construction Notification. (a) Timing. Where required by the temis of the NWP, the prospective permittee must notify the district engineer by submitting apre-construction notification (PCIV) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, as a general rule, will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective pemuttee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the pemuttee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual pemut is required within 45 calendar days of receipt of a complete PCN, the pemuttee cannot begin the activity until an individual permit has been obtained. Subsequently, the pemuttee's right to proceed under the NWP maybe modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notif:c¢tion: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; duect and indirect adverse environmental effects the project would cause; any other NWP(s), regional general pemut(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to deternrine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.); (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The pemvttee may. ask the Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, where appropriate, (5) If the proposed activity will result in the loss of greater than ' io acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As an alternative, the prospective pemuttee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that maybe affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, detemrined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property maybe affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form ofPre-Construction Notifc¢tion: The standard individual pemut application form (Form ENG 4345) maybe used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordin¢lion: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP.48 activities requiring pre-construction notification and for other NWP activities requiring pre- constructionnotification to the district engineer that result in the loss of greater than ' z-acre of waters of the United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps multiple copies ofpre-construction notifications to expedite agency coordination. (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. (e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If the proposed activity requires a PCN and will result in a loss of greater than 110 acre of wetlands, the prospective pemuttee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. The compensatory mitigation proposal maybe either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the pemuttee and include any conditions the district engineer deems necessary. The district engineer must approve any compensatory mitigation proposal before the pernvttee commences work. If the prospective pemiittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation. would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. Tf the district engineer deternnes that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual pemut; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28 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. Regional Additions to General Conditions General Condition 4. Mit=ratorv Bird Breeding Areas. U.S. Fish and Wildlife Service is the primary Federal agency responsible for the conservation and management of migratory bird resources. Applicants should contact Mr. Rick Donaldson at 509-893- 8009, a-mail rick donaldson(aa~fws.~ov for additional information. General Condition 9. Management of Water Flows. Expected high flows referenced in this general condition are defined at the minimum as a 25 year flood event, as identified by the 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. Planting of vegetation is the preferred means to provide soil erosion control. Disturbed areas should be replanted with native vegetation and stabilized until vegetative root mass can become established, when practicable. This is to minimize erosion and resultant sediment delivery to the aquatic environment. Disturbance to wetland and riparian vegetation should be avoided, where possible. Non-biodegradable materials, such as plastic netting, that may entrap wildlife or pose a safety concern should not be used for soil stabilization. General Condition 13. Temporary Fills. Temporary fills must be entirely removed from waters of the United States when they are no longer needed for the project Temporary stockpiles may not be placed in a manner such that it restricts overbank flow access of flows to the floodplain. General Condition 17. Endangered Species. Non-federal applicants must contact either their local Idaho Department of Fish and Game or the U.S. Fish and Wildlife Service to determine if any listed species or designated critical habitat might be in the vicinity of their project. To contact U.S. Fish and Wildlife Service in Bonner, Boundary, Kootenai, Shoshone, Benewah and Latah Counties, contact Mr. Rick Donaldson at 509-893-8009, a-mail rick donaldson anfws.gov. To contact U.S. Fish and Wildlife Service for other counties in Idaho, contact Ms. Carol Wanstrom at 208-378-5388, or by a-mail carol wanstrom~a,fws.gov. Applicants shall notify the District Engineer of their finding. General Condition 18. Historic Properties. Applicants must contact the Idaho State Historic Preservation Office aY 208-334- 3847 to determine if their project may affect historic properties listed in the National Register of Historic Places and notify the District Engineer of their finding. General Condition 20. Mitigation. Project mitigation plans shall include a list of performance criteria (i.e., a species list, acreage of each habitat type to be created, source of hydrology, mitigation concurrent with project construction, plan to control invasive species, monitoring provisions, etc.) Mitigation plans shall also meet the requirements in Regulatory Guidance Letter (R.GL) 02- 02 entitled Guidance on Compensatory Mitigation Projects for Aquatic Resource Impacts Under the Corps Re~ulatorv Proeram Pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 and RGL 06-03 entitled Minimum Monitoring Reouirements for Compensatory Mitigation Projects Involving the Creation. Restoration, and/or Enhancement of Aquatic Resources. Mitigation success will generally be achieved when the mitigation wetlands comply with the performance criteria and meet the wetland criteria in the 1987 Wetland Delineation Manual. Further Information 1 District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2 NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3 NWPs do not grant any property rights or exclusive privileges. 4 NWPs do not authorize any injury to the property or rights of others. 5 NWPs do not authorize interference with any existing or proposed Federal project. Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non- structural. Compensatory mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and ri~mi~ation has been achieved Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Discharge: The term "discharge" means any dischazge of dredged or fill material and any activity that causes or results in such a discharge. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource azea Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical yeaz. Ephemeral stream beds are located above the water table yeaz-round. Grroundwater is not a source of water for the stream Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource azea. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian-tube or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to detem~ine what constitutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Pem~anent adverse effects include pen~nanent dischazges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that maybe used to offset losses of aquatic functions and services. The loss of stream bed includes the lineaz feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non-tidal wetland: Anon-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any azea that in a yeaz with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mazk can be determined. Aquatic vegetation within the azea of standing or flowing water is either non-emergent, spazse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of waxer for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction noti, fication: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes infom~ation about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. Apre-construction notification maybe voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or neaz those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource azea or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing naturaUhistoric functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning naturaUhistoric functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource azea, restoration is divided into two categories: Re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections aze recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian azeas aze transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects waterbodies with their adjacent uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 20.) Shellfish seeding.• The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete project: The term "single and complete project" is defined at 33 CFR 330.2(1) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete project must have independent utility (see definition). For linear projects, a "single and complete project" is all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a lazge, irregulazly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities aze those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoffand/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazazdous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water mazks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water mazks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal intemtption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade~obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(6) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelwazd of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows aze special aquatic sites under the 404(6)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a yeaz with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(6)). If a jurisdictional wetland is adjacent meaning bordering, contiguous, or neighboring- to a jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. DIEFINI'I'IONS (Regional Addihonsl 1. Forested wetlands: Wetlands characterized by woody vegetation that is 6 meters tat] or taller. They are located where moisture is relatively abundant, pazticulazly along rivers and in the mountains and normally possess an overstory of trees and an understory of young trees or shrubs and an herbaceous layer. Reference: Classification of Wetlands and Deepwater Habitats of the United States, Mr. Lewis M. Cowazdin, Office of Biological Services, Fish and Wildlife Service, 1979. 2. High value wetlands: Forested wetlands, peatlands, vernal pools, playa lakes, kettles, prairie potholes, and Class I, Class II, reference, and habitat sites identified in Wetland Conservation Strategies prepazed by the Idaho Department of Fish and Game, Conservation Data Center. 3. Invasive s ecies: Species of plants not native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. (Executive Order 1311 Z) (from USDA National Invasive Species Information Center). 4. Kettle: A steep sided, usually basin or bowl shaped hole or depression, commonly without surface drainage, in glacial drift deposits, often containing a lake or swamp. Reference: Bates, Robert L. and Jackson, Julia A., Glossary of Geology, American Geological Institute, Falls Church, 1980. 5. Native ecies: Species that occurs naturally in a particulaz region, state, ecosystem, and habitat without direct or indirect human actions, Federal Native Plant Conservation Committee, 1994. 6. Peatland: Wetlands with waterlogged substrates and at least 30 crn of peat accumulation. Bursik, R. J., and R. K. Moseley. 1995. Ecosystem conservation strategy for Idaho Panhandle patlands. Cooperative project between Idaho Panhandle National Forests and Idaho Department of Fish and Game, Conservation Data Center, Boise. 28 pp. plus appendix. 7. Vernal Wools: Precipitation-filled seasonal wetlands inundated during periods when temperature is sufficient for plant growth, followed by a brief waterlogged-terrestrial stage and culminating in extreme desiccating soil conditions of extended duration. Keeley, J. E. and P. H. Zedler. "Characterization and Global Distribution of Vernal Pools. Pages 1-14 in: C.W. Witham, E.T. Bauder, D. Belk, W.R. Ferren Jr., and R. Ornduff (Editors). Ecology, Conservation, and Management of Vernal Pool Ecosystems -Proceedings from a 1996 Conference. California Native Plant Society, Sacramento, CA. 1998. EXHIBIT C ~~ ~~~ ~ ~~ ~~~ ~.~ g ~~~ ~.~ N ~~~ ~~ ~~ ~ ~~~~~~~ ~~~ ~~~ ~~ .~ ~~ ~~ 0 ~~ ~ ~~ y~~~~ ~~~~~g~~ ~o ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~QQ~ ~~~ ~~ ~~~ ~~~ ~~ ~~ ~,, ~~ ., -a.~ -i Exhibit D-1, page 1 ~~ ~Q Q ~, ~~ o ~~ -~ ~~ ~, ~~ ~~ ~~ ~o~ ~~~ ~Q~ ~~~ ~Q~ ~o~ ~~~~N -~ ~ ~ ~~ ~~~ ~ ~~~~~~~o~~~~ a~ °~'~~o~~~~~ ~~ ~~g~~~~~~~ ~~~~ ~ ~~ ~~~~ rn ~~ ~~ ~ ~ ~ ~ °~ ~ ~ ~ Q ~xOl'~{I~5 p,y~p RdgS„P vG4L wne ROB S~gMP50N ~~r~ ~It~M2EC~KIC~$T0~' 7~~1 "TA~VI~AK~i4CN o~ .1.~i7.t'S v~ , ~:-c.-,~-_a:..ea-~ n~ ~ Af7f1 COldVl1'SWLD h(E~IAN It7 °io1 - - Y USDA - NATURAL RESOURCES CONSERVATION SITtVICE °"~ ~ o '~~_ ~~ ~°; ~ ~ ~. z~ ~ ~ , ~ ~; k a f'I.AN VI~W° UVI11-I 0055 5~C~10N5 ~ ~X15~1NG CONb1110N ~~ o ~~ SCAM IN FEET s~~, ~~ mac, ~, r3 N, ~ i ~ ,/y~8~ C~ 1' ~ •- ~ ~~ iii. s ~ A ~. ~ i 7 • ~C L °~ ~~ ~a ._..~~ ~ ! :: ~''r ~ .e , ,~. -.+~ _ '~.~`_ ~- ~ a. -~.' +. ,,,,. a. ~pANK~IN ~0~ ." t. ~~ Exhibit D-1, page 2 l~AN 1~W INfCN CR05S SECTIONS - EX151'~1G CfJrB7iTi0N ,.,,,, ~ .~ s ~ ~ FNE MILE GI~EKI~STOpAiION - TAMIE~At~AQi ~ ~. , ~,_:_. _~ 5 -~, A17A COI&JTY SIhIQ? ~ ~ ~' USDA -NATURAL RESOURCES CONSERVATION SER9ICE °'~ e ~, ~„ ~~ - ,~ p~~v view o~ p~opos~n ~i~ ~i~~ c~~K ~~~a+oo _ ~• -. • -s i ~,~-; ~~ ~!• i .~ ~. a .~ 1 ~~ . • r ~' f ~ ~ P ~~ ~~! ~~ ~- ~. -~ ~ ~ ~ w) '` .t :~ ~.,~ ~r. ' i. { s ~ ~fZANKI,IN ~0~7 Exhibit D-1, page 3 ~. wE t~ VEW ~ pROi'CSED FIVE ANI.E CREEK ,,.,., ~vrs..r s ,,,~, xce ~ FIVE MfI,E CREEK RE51"QRATION - tAMIC`AREACN ~ ~•~ Oise.. sr~; Al?A CC~~'P( 5WCI7 ~ g~ USDA -NATURAL RESOURCES CONSERVATION SERVICE "`° ~~ o ~~ ~~~~ s~~, ~~ sic, ~, r3 N, ~ i ~ pI.AN VIEW ~ f~~C~'05~n ~ IVY MII.~ C~~K Wl~i-I CUPS ANn ~ If.1.5 ~~ o ~~ 5CA1.E fN F~l;T s~~, ~~ sic, ~, r3 N, ~ i ~ ~--e+ °° Exhibit D-1, page 4 FLAN VFW OF PROPO&t7 FIVE M(I.E CkEEK VVlifi UIfS NA97 F1.1.5 ~ ~ ~ s , xae snn~~ ~' FIVE Agll~ G~EK Ii~57~,'A1TON ~ tAMUpA 1~1 ,~.. ~. r~crs 9 s~ c~~„ ~ AC/A COINTY SWQ7 ~Eg7~, ~ ,w~ USBA -NATURAL RESOURCES CONSERVATION SERVICE d°" 1 I N V YI W 11 V AVT 1Y ~ = T ," ~ . ~v~anoN~ ~ ~ ~ ~ ° ° o 0 0 0 .~ ~ ._.. t ~ , O O t O O N t O O W O O G m 3 o m o n ~ '~ ~ m ~ 0 ~ ~ ~ o o ~, 0 ~ m rn 0 0 v O 0 m 0 0 m 0 ° Exhibit D-1, page 5 FIVE MQ.~ C~EK ~~5 ~ ~..~ q•~ b FIB M-l E G~~K ~11"O~A110N ~' 1'AMf ~A ~ACN ~ y~.n airn a ~ . . ~ ~ ~rdii° Y USDA -NATURAL RS,SOURCS3 CONSTsRVATlON 3ERYICE 1 ~oG co~~ n~r~~s ~1'1'~''ICI-V. S~CrION 1 ~XlStinq X-sectian 10 .~ IZ" Coir J,.oq LISe wand stakes every 3 -~}~ Vegetate all cut and fill surfaces as shown in the vegetation plan i=laadplaln excavation 12,E ,//~J~ ~. ~I t lfi ~laodpiam excavation ~I 4 ~I 10 n~A1MNG NO'i" 1'0 5CAl.~ Exhibit D-1, page 6 CA6? LOG t1CTAL5 ,,.,., . r~rs..r 9`~ Ros Sn~,a~ ~' FIVE M~,E G~EK C~~I'ORA110N - tAMI~'0, ~ALN a® ~. PIE~.pS 9 ~, c~,rat~~ ~ At7A COLBJTY 5WQ7 hIE~?IAM. ~7 *~°-° a USDA -NATURAL RESOURCES CONSERVATION SER9ICE `~"0 ELEVA710NS ~ ~ N N ~ ~ N h7 p m CO ~ ~ N W -' 1 A (?i O O O ~ O ~ N ~ ~ N ~ ' , ~ ~ ~ ~ 0 Q 1 a o ~ ~ N ~ ~ ~D ~ ~ o ~ ~ ~ ~ N ~y i O O ~ Z 0 c 6A + `;' " ; m o> o -' + ~ J m O N O O t N N O t N A O t N ~' Exhibit D-1, page 7 ~ + ,~., zns..r s~ ~11/~ MII.~ G~~K ~51'(~A110N ~ 1"Pd~AR~P~GN ~, aRazs „m ~ AI7~ COI.I~CY SWCt7 fu~R1171AN, ll7 '~°° USDA - NATURAL &E.40URCES COAiSERVATiOW SERVICE °~`° e 1 5 ELEVATIONS d ~ ~ ~ ~ ~ N N N O O O ~ ~ ~ N ~ O ~ O (O O -~ N Cil !ti ~- Cfi O O O t O O N O O Cad O O t A O Q O t ~ (p CA O _ (~ n rt O o ~ ~ ° N ,, i O o Ay 2 ~ A? + Y ~ _ o m t7 ~k cA o ~ m ~ 0 0 0 0 0 N O } Ex hi b i t D-1 , page 8 0055 ~I IVIV #2 ~ 0'f L-G~ py~y RNS..P 9 FIl/~ Mq.~ C~EK ~Srf~ATl~1.. 'fAAM1I~A ~ALN ~.. a ors ~.o~ ~ A17A G SW M~~n ~ °-^ USDA -NATURAL. RESOURCES CONSERVATION SSRVICE `~stl ELEVA'f10NS rn w ~ fsNi rn rn ~ rn a~i rn ~ ~ rn O O O O ..a ~ .~ t ..~ s a ~ ~ s p O V W fU O --~ N W A fat C}3 -J 00 O d O O O } N O O W O O f O n 0 ~ b A ~ 0 to ,p a a -~ + ~ b O1 + . Z ° ~`~' fA N V 2 rn ~ o V O ~ C O t Q d O O O O 1 ° \ ~ N ° Ex hi bi t D -1 , page i 0 C~I055 ~C110N #4 I+ 22 ,~,,, ~ ,, 9,~, ~ ~IV~ MILS C~f;K ~St0~110N ~ 1"AIdII~A ~~I ~ ar-e.rs ~i~ AI7A C01.~J1Y SWCD I~I~nUW, Il? b°°'° USDA - NATURAL RE50URGE5 CONSERVATION SERVICE ~ 9 a In kxs..r 9 n O to N N cy ~_ O 3 a N o~ W ~i m n x~ o} 0 a~ ~LCYt-1 It,Jlr.7~ N ~ N ~ N ~ N ~ N ~ N Q3 N ~ N N N N N d7 a3 ~ d) ~ N N N N N N ~ ~ ~ d3 ~ ~ o O .a. O cs~ O a~ O v O m O co ~ o -~ ...•. .~ -~ -s --~ N w a. cn _... .~ -- -~ N N rn v m m o -+ 0 0 0 0 0 N O d W O O O 0 0 0 m rn A 0 z o tI~ + V O 0 m 0 0 co 0 0 0 0 N O a w 0 ~11~ MIl.~ ~EK f~S7012Afi0N ~ fAMI.~'.h k~AAtki COLBVTY SWQ7 ~ usna - xaTURai, xaovxc~s coxsStva2tox s8tvrcE Exhibit D-1, page 11 ELEI~ATI~NS > N N N N N N N N N IJ N N N N N N ~ ~ ~ d) ~ 07 ~ C~ ~ ~ ~ 67 ~ ~ ~ to O O O O O _~ s _~ ~ f ~ ~ N ~ __ - s _.i ~ ° CTl ~ '~.I CO CO O -~ N W .L1 U7 ~ V OJ CO O ~ 0 ° ° '{' 0 {' ° 0 ° ° /~ '+' ` ° A ~ w ,, ~/ ° / ~/~ / WR UI ° / Y , R IY a ~ ~ ~ ° + o w a, °+ rt V O ti~ T m t'~ o ~ o ~ 0 w ° ° a ° o. N O t CaI ° Ex hi b i t D-1 , page 92 CR055 S~C11QN #6 C 3+ 32) ,,,o,,, mss.,, s ~ `" ~ ~IV~ MII..~ C~~K ~5f0~A~lON -' tAN1l.&.'A~ACN ~ y~ ~irn ~ AbA COUNTI' SWCD M~71AN, It7 °°'° ~ ~ USDA - NATURAL. RESOURCES CONSEROATION SERVICE '"'" e 1 ELEV,9TIOIUS ~ ~ ~ ~ N N ~ O d) ~ i N ~ ~ i- O ~ f 3 O N O . O i + W ~ O r O ~ ~ ,~, O ~ o m t? .r O O + 3 O 0 = g - - - ~ to O , t = ~ O - - - -- - tii ~ ~ CFJ O t~ _ .~ + ~.I _ O O OD O O C~ O O O o Ex hi bi t D- 1 , page 9 4 /y~/'~~ ~/ ~]~,~ q G p ~.f W ~I JJ / l .~ V ~Y # V ~ %' f" 7 V ~ ply. RWS..P 9/ 14 ~ yy ~~ Gt~ AA ~~ GG y ~ / ~ C ~- AA.( ~ ~~+ . /A A ~~ ~~ yy ~/7~ I IYV fPIIW LhL~I~N.J1~1F(IIIVIV ~' I(YYU.R/~fiL.(~1 Ava J.PFp.PS n/07 ~ N7A COl~11Y SWQ7 A~~IDIAN, In "~'° ~ USDA -NATURAL RESOURCES CONSEftYATION SERVICE °A`° i A ° O Cs7 ° ~ ~ ~ O E M LE V A'T ~ ~ ~ NS ~ O CO t~} ~ ° (J O ..S O O t O O N O 1 n W ~ N O y _ 1 (f~ ~ 1 K 0 I ~ m -1 O ~ g ~ fA .~:.. rn n m o ~p 0 0 w 0 0 v a ° w ° Ex h i bi t D - 1 , p a ge 15 ~ ~ CR055 710N #9 6a-6~} ~IV~ MII~ C~EK t~51'~ATION -'fAt+At~A~A~I ,,,~ mas.,r 9i ~.. ~•~ y~ At7A GOUNIY SWCD IV ~~IAN ID "°°'° ~ a i , Qr usne~ - xnzv~uu, x~.souxc~s coxs~va~o~v s~xvtcE °"'° a x +O N O A C N O fl N p 01 E LE V ATI ~ ~ O NS 0 1 m C ~ OO v _~ O d O O O N O t O .A O O a1 O O ~ ® 1 ~ 1 O y G1 t o { A R , j ~ 1 _ 1 , "~', ~ 0 ~ ~ N • , 'f ~ 1 ~...+ / Q A ~ ~ t V 1 O p 1 1 O t m 1 f O N 1 O 1 1 O N N O N " Ex h i bi t D- 1 , p a g e 1 6 ~ 0055 5EC110N # 10 C ~+ 37) ~I~ MII~ C~~K I~STO~A110N - TAMI ~A ~KN ,,.,,, mss. ~ 9, ~ ~~~ '~°' ~ . AbA INTY 5W0? ` '" ~' ~ ~ AR~f~f?IAN ID ~ ~' r USDA -NATURAL RESOURCES CONSERVATION SERVICE pI.AN~1NG n~1'A1~5 r L See 5 Mde Cross Sect & Design K'epat t ". T r ~ ~:• E ~,~ I I ~.~ ~"~ See Vegetation tan N01~; No wllloavs well be planted on the fast side of the Channel nesk~n events ~ I O yea', QI O ~ 530 CFS 50 year, Q50 = 780 G>=5 100 year, QIOO s 900 CC5 Velactty @ QIO ~ I.Ofps Mm Marv,higs N a 0.035 ~LHNT DET~~L Exhibit D-1, page 17 pl.ANi9VG I~fA1.5 ,,,,.., _r:-as..r q°"` ~ st~soN ~ FIVE M9.E GI~K I~Sf0RAtI0N -1AN11lZA t~PLN ~ ~. nra.ps q sm~ - ~- AI7A C0L6V1'Y SNQ7 N1~~71AN, B? *'~° USDA -NATURAL R~SQURCES C0NSERVATiON SERVICE `~