Public Notices

Listed below are the current Public Notices published by the Walla Walla District for proposed projects within the state of Idaho. The Public Notices are sorted by Effective Date and are provided in PDF format. You must have Adobe Acrobat Reader installed on your PC to view these files. 

Viewing Public Notices. To view a Public Notice, left-click on the Permit Application Number (highlighted in blue). To download the file to your PC, right-click on the Permit Application Number, then select "Save Target As" from the menu.

How to Submit Comments. To submit comments via email, cut and paste the email address of the respective Project Manager's from the table below into an email and in the subject line of your email enter: Public Notice Comments for (referencing the specific project).  To submit comments in writing, send them to the respective Project Manager at the U.S. Army Corps of Engineers, Walla Walla District Regulatory Division, 720 E. Park Blvd., Suite 245, Boise, ID 83712. All comments should include the permit application number and project name, your name, address, and phone number.


Published Feb. 16, 2018
Expiration date: 3/19/2018

Interested parties are hereby notified that the Walla Walla District has received an application for a Department of the Army permit for certain work in Waters of the United States, including wetlands, as described below:

APPLICANT:  Mr. Doug Fowler, Barber Valley Development

AGENT: Mr. David Powell, RiveRidge Engineering Company

Tracy Peak, 208-433-4478,

PURPOSE: Discharge native fill material into an existing reach of Warm Springs Creek to facilitate construction of Harris Estates Phase 2.

WATERWAY: Warm Springs Creek

LOCATION:  The proposed work would be located on Warm Springs Creek, which drains directly to the Boise River in Southeast Boise.  Warm Springs Creek crosses underneath East Parkcenter Boulevard approximately 0.1-mile west of its intersection with N. Harris Ranch Road. The proposed project is located within Section 29, Township 3 N., Range 3 E., near latitude 43.573911º N. and longitude –116.126947º W., in Ada County, in Boise, Idaho.  

DRIVING DIRECTIONS:  From Boise, travel east on East Parkcenter Boulevard, cross the East Parkcenter Bridge, approach the roundabout to turn right onto E. Warm Springs Avenue, and continue until it intersects with East Parkcenter Boulevard again.  At the intersection, turn left onto East Parkcenter Boulevard and drive west approximately 0.1-mile. The Warm Springs Creek channel crosses underneath the road in this area.

AUTHORITY:  This permit will be issued or denied under the authority of Section 404 of the Clean Water Act (33 U.S.C. 1344).  A Department of the Army permit is required for the discharge of dredged or fill material into waters of the United States, including wetlands.

WORK: The applicant proposes to backfill and abandon a 2051 linear feet segment (1.24 acres) of Warm Springs Creek.  Backfilling will require 3242 cubic yards of material obtained on-site.  The applicant proposed to realign Warm Springs Creek into a newly excavated channel relocated approximately 400 to 800 feet east of the existing location and would parallel to the west side of East Warm Springs Avenue. The new channel would measure 3,045 linear feet, comprising of 3.389 acres in area.

Once the existing channel is abandoned, and no longer waters of the U.S., the existing box culvert under East Parkcenter Boulevard would be removed and sewer, water, and storm drain main lines would be extended east to the junction of East Parkcenter Boulevard and East Warm Springs Road.

ADDITIONAL INFORMATION: The majority of the new proposed Warm Springs Creek channel was completed during the 2017 construction season, but neither end has been connected to the existing Warm Springs Creek channel. No waters of the U.S. were filled to construct the new channel. The new channel is currently lined with erosion control fabric up to the 100-year flood elevation, hydroseeded, and planted with three varieties of willow chutes. A 12-inch conduit has been temporarily installed within East Parkcenter Boulevard to allow minor drainage to pass underneath it. The final crossing design would accommodate the full 12-foot width of the new channel. Additional utility installation work is scheduled to occur during February 2018 but is not part of this permit evaluation.

Should a permit be issued, final construction work would be completed to connect Warm Springs Creek to the new channel. The abandoned channel would then be backfilled. The new channel would then become jurisdictional waters of the U.S. A 20-foot buffer on the west side of the channel would be landscaped with boulders and trees, and maintained by the Homeowners Association. The new channel would be left alone to grow vegetation and accumulate debris naturally; there would be no spraying of weed-killer or extraction of material. The exception to this is the southern connection point, where sediment may settle out and require some routine maintenance.

The existing segment of Warm Springs Creek involved in the project is a narrow V-shaped channel with an upstream gradient of 3.5%. The proposed channel would be wide and U-shaped and incorporate a 0.3-0.5% gradient over the length of the new channel. Seven concrete check structures incorporated in the upper reach, north of East Parkcenter Boulevard, are designed to let sediment settle out, prevent erosion, and carry more volume during high flow events, while still allowing lower volume runoff to pass through each drop. Riprap check structures incorporated every 100 feet in the lower reach, south of East Parkcenter Boulevard, are also designed to trap sediment and would allow the channel to progressively migrate to create small meanders following high flows.

OTHER ALTERNATIVES CONSIDERED: The Harris Ranch Specific Plan incorporates housing on the north side of East Parkcenter Boulevard and a combination of housing and mixed-use (commercial and residential) development on the south side of East Parkcenter Boulevard.

· Alternative A- Retain Warm Springs Creek in its existing location. The existing channel would be widened to address the 100-year flood.  The proposed development would require the stream to be crossed with roadways approximately 6 times. Each crossing would impact roughly 80-100 feet of channel. The channel if left at its current location would be bordered by residential and commercial development, intermittently covered by roadway, and be difficult to access if any maintenance became necessary.


· Alternative B- Rerouting channel through an Idaho Power corridor that runs north-south east of the planned development. Implementing this alternative would require the applicant to purchase an easement from Idaho Power. This alternative would construct 3 roadway crossings (each impacting 80-100 feet of channel) across Warm Springs Creek, and also reduce the length of channel flowing through a previously-approved wetland mitigation site that was required to compensate for aquatic resource impacts for an earlier phase of the overall development.

CONSTRUCTION PERIOD:  Upon authorization, the applicant proposes to start construction immediately.  All work within both channels would be done either in the dry or during low flow. The permit would authorize construction for a period of 3 years.


PROPOSED MITIGATION: The applicant proposes the following mitigation measures to avoid, minimize, and compensate for impacts to Waters of the United States from activities involving discharges of dredged or fill material:

The applicant proposes to construct a new stream channel measuring 3,045 linear feet to compensate for the loss of 2,051 linear feet of the existing channel. The new channel would include check structures designed to trap sediment, would carry more flow, and have over 500 small willow chutes bedded on 2’ spacing in the channel bottom to promote new willow growth and create wetland fringe and riparian area.


  • NWW-2008-141-B01: Individual Permit issued on February 23, 2009, to fill 2.2 acres of emergent wetlands for Harris Ranch Spur Road Subdivision;


  • NWW-2008-141-B01: Individual Permit issued on August 3, 2011, to fill 5.2 acres of emergent and shrub wetlands for Harris Estates Subdivision.


  • NWW-2015-566-B03: Nationwide Permit 12-Utility Line activities issued on December 11, 2015, to realign 225 linear feet of Warm Springs Creek to install sewer and storm water lines.

  • NWW-2016-00087: Nationwide Permit 43-Storm Water Management Facility issued on April 22, 2016, to construct a sediment retention basin within the Warm Springs Creek Drainage, to reduce flood-risk to downstream communities.

WATER QUALITY CERTIFICATION:  This notice will also serve as a Public Notice that the Idaho Department of Environmental Quality (IDEQ) is evaluating whether to certify that the discharge of dredge and/or fill material proposed for this project will not violate existing water quality standards.  A Department of the Army permit will not be issued until water quality certification has been issued or waived by the IDEQ, as required by Section 401 of the Clean Water Act.  If water quality certification is not issued, waived or denied within sixty (60) days of this public notice date, and an extension of this period is not requested by and granted to the IDEQ, certification will be considered waived.  Additionally, within thirty (30) days of this Public Notice, any person may provide written comments to IDEQ, as requested in writing that IDEQ, provide them notice of their preliminary 401 Certification decision. Comments concerning Water Quality Certification for this project should be mailed to: Idaho Department of Environmental Quality, Boise Regional Office, 1445 N. Orchard St., Boise, Idaho 83706, ATTN: Julia Achabal,, 208-373-0158.

AQUATIC RESOURCE DESCRIPTION:  Warm Springs Creek is a small intermittent drainage that originates in the Boise Front.  The drainage starts at about elevation 4400 feet and flows in a generally southerly direction until its confluence with the Boise River roughly 1200 linear feet downstream of Eckert Road Bridge. The stream reach south of East Barber Drive which includes the project segment has been channelized, straightened and relocated over the past 100 years to function not only to carry snowmelt but also irrigation water.  During a normal snowpack year, Warm Springs Creek flows three to eight weeks per year (February through March) and then carries irrigation water from April through October.

Jurisdictional waters include 2,051 linear feet of Warm Springs Creek. The segment of channel within the project area is classified by the U.S. Fish and Wildlife Service National Wetlands Inventory as R5UBFx (Riverine System, Unknown Perennial Subsystem, Unconsolidated Bottom Class, Semi-permanently Flooded Water Regime, excavated by humans). Above the project, the channel is classified as R4SBC (Riverine System, Intermittent Subsystem, Streambed Class, and Seasonally Flooded Water Regime). The channel reportedly flows consistently between February and March, depending on winter snowpack; during other times of the year, the channel collects and transports storm water runoff.

ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT:  The anticipated impacts are the loss of a historic altered channel, to be replaced with a wider and longer channel designed to withstand a 100-year storm event. Water within Warm Springs Creek would be permanently diverted eastward of its original route but would remain connected to its original upstream source, and continue to flow into the Boise River at its original downstream point. In total, 2,051 linear feet of channel would be filled and become non-jurisdictional, and 3,045 linear feet of channel would be created as new waters of the U.S.

OTHER AUTHORIZATIONS:  The proposed project requires a section 401 Individual Water Quality Certification from the Idaho Department of Environmental Quality.  

CULTURAL RESOURCES:  Coordination is currently being conducted with the office of the Idaho State Historic Preservation Officer to determine if this activity will affect a site that is listed on the National Register of Historic Places, or a site that may be eligible for listing on the Register.  We are also coordinating with the appropriate Tribal entity or the Tribal Historic Preservation Offices for the Shoshone Bannock Tribe of the Fort Hall Reservation and the Shoshone Paiute Tribe of the Duck Valley Reservation, to determine if there are any tribal historic or cultural interests within the project area. 

TRIBAL TREATY RIGHTS and INTERESTS:  Federal agencies acknowledge the federal trust responsibility arising from treaties, statutes, executive orders and the historical relations between the United States and American Indian Tribes.  The federal government has a unique trust relationship with federally recognized American Indian Tribes, including the Shoshone Bannock Tribe of the Fort Hall Reservation and the Shoshone Paiute Tribe of the Duck Valley Reservation.  The Corps has a responsibility and obligation to consider and consult on potential effects to Tribal rights, uses and interests.  The Corps further recognizes there may be a need for additional and on-going consultation.  

ENDANGERED SPECIES:  No listed threatened or endangered species or designated critical habitats are known to exist in the project area.  Coordination is currently being conducted with the U.S. Fish and Wildlife Service (USFWS)  to determine if the activity will have any effect on species designated as endangered or threatened under the Endangered Species Act, or their critical habitat, under the Endangered Species Act of 1973 (87 Stat. 844; 16 U.S.C. 1531 et.seq.). 

ESSENTIAL FISH HABITAT:  The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the National Marine Fisheries Service on all actions or proposed actions, permitted, funded or undertaken by the agency that may adversely affect Essential Fish Habitat (EFH).  No EFH species are known to use the project area. 

ENVIRONMENTAL IMPACT STATEMENT:  Preliminary review indicates the proposed activities will not require preparation of an Environmental Impact Statement.  Comments provided will be considered in preparation of an Environmental Assessment. 

EVALUATION:  The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest.  This decision will reflect the national concern for both protection and utilization of important resources.  The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and in general, the needs and welfare of the people.  In addition, our evaluation will include the application of EPA Guidelines (40 CFR 230) as required by Section 404(b)(1) of the Clean Water Act. 

CONSIDERATION OF PUBLIC COMMENTS:  The Corps of Engineers is soliciting comments from the general public; Federal, State and local agencies and officials, Tribal entities and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest in the proposed activity.

PUBLIC HEARING:  Any person may request in writing, within the comment period specified in this notice, that a public hearing be held to consider this proposed activity.  Requests for a public hearing shall state specific reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served.

COMMENT & REVIEW PERIOD:  Interested parties are invited to provide comments on the proposed activity, which will become a part of the record and will be considered in the final decision. 

Please mail all comments to:

U.S. Army Corps of Engineers
Walla Walla District
ATTN: Tracy Peak
Boise Regulatory Office
720 Park Boulevard, Suite 245
Boise, Idaho  83712-7757

Comments should be received no later than the comment due date of March 19, 2018, as indicated on this notice, to receive consideration.

                                                                  Kelly Urbanek
                                                                  Chief, Regulatory Division

If interested parties wish to view plans, drawings, and/or maps associated with the proposed project and Public Notice, please email the Project Manager with your request.




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The Public Notice, drawings, and attachments will be available for you to view, download, and/or print here on our Public Notice home page.

To add or update your information to our E-Notification list, please email us with your updated information, or please fill out one or both forms below for Idaho Counties and/or Idaho Watershed Public Notice Distribution List(s) and email them to us at:


Idaho Counties PN Distribution List Form

Idaho Watershed PN Distribution List Form