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. Brad Wilson, Bogus Basin Recreational Association Inc.
AGENT: Mr. Kenneth C. Fonnesbeck, PE, SPF Water Engineering
U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: Mr. Marve Griffith, telephone (208) 433-4470, christen.m.griffith@usace.army.mil
PURPOSE: Discharge fill material into Bogus Creek to construct an in-stream water storage pond to provide water for snowmaking.
WATERWAY: Bogus Creek and adjacent wetlands
LOCATION: The proposed project would be located within a segment of Bogus Creek, near Bogus Basin Ski Area, within Section 16 of Township 5 North, Range 3 East, near latitude 43.762º N and longitude –116.11º W, in Boise County, Boise, Idaho.
DRIVING DIRECTIONS: The project site may be accessed by following Bogus Basin Road Northeast from Boise approximately 18 miles to Bogus Basin Ski Area. The project is located approximately 2000 feet downstream to the west, from where Bogus Basin Road crosses Bogus Creek.
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 proposed project would result in the discharge of approximately 482.5 cubic yards of various fill material into 230 linear feet of Bogus Creek and into 0.09 acre of adjacent wetlands to construct an embankment dam. Other work includes the land clearing and grading of 600 linear feet of Bogus Creek and approximately 0.30 acres of adjacent wetlands to prepare the area upstream of the dam for inundation as a 70-acre-foot retention pond.
The work will entail the following activities within a waters of the United States as well as upland areas:
- Discharge of 320 cubic yards of 1-inch minus bedding fill and 150 cubic yards of embankment fill into 230 linear feet of the Bogus Creek stream channel (maximum 0.02 acre) and 0.09 acre of adjacent wetlands for the embankment dam.
- Discharge 10 cubic yards of concrete into Bogus Creek to construct a bypass diversion structure.
- Install a 60-mil HDPE synthetic liner (approximately 2.5 cubic yards) over the bedding fill.
- Clear, grub and grade 600 linear feet of Bogus Creek and 0.30 acre of adjacent scrub-shrub wetlands.
- Work in uplands includes:
- Construction and placement of erosion and sediment control/ BMP’s to reduce impacts to Bogus Creek.
- Clear and grub approximately 5 acres adjacent to Bogus Creek to prepare the site for construction of the pond. This will include the removal of trees, undergrowth and organic topsoil material. Topsoil and healthy trees will be saved to be reused within the bypass channel and mitigation area.
- Install a submersible pump within the pond, and transport lines to a booster pump station located in uplands.
- Construct an approximate 500 linear foot open bypass channel along the east side of the retention pond that will flow through the dam embankment via a 150 foot by 30 inch culvert pipe to an additional 500 foot long bypass channel downstream of the dam discharging roughly 80 feet downstream of the toe of the dam and into Bogus Creek (See sheet of 2 of 3).
ADDITIONAL INFORMATION: The mitigation area and bypass channel will be rough graded for completion after the dam construction. Following construction of the pond, the bypass channel, and upper and lower mitigation areas will be final graded and vegetated per the mitigation plan. The mitigation site is comprised of uplands located above the existing alignment of the stream.
The Applicant has applied for additional storage water rights from the State of Idaho (pending), to include the transfer of the existing water right of 0.08 CFS to the new diversion point.
CONSTRUCTION PERIOD: Applicant proposes to start construction in June 2018. 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 evaluated multiple locations and designs for the proposed project prior to submission of the application. The applicant designed the proposed embankment using a 2:1 embankment and pool slope to further reduce the footprint of the impacts.
To compensate for the loss of 830 linear feet of Bogus Creek the applicant has proposed to construct an approximate 1000 linear foot channel that will allow the creek to bypass the retention pond and reconnect to the lower portion of the creek. In addition, to compensate for the loss of 0.39 acres of wetlands, the applicant proposes to establish 0.78 acres of shrub-scrub wetlands adjacent to the bypass channel and below the dam embankment. This plan is further described in the Mitigation Plan (enclosed).
OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT: N/A
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, a request in writing that IDEQ provides 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, Boise, Idaho 83706
AQUATIC RESOURCE DESCRIPTION: The proposed project will impact a segment of Bogus Creek and adjacent wetlands. Bogus Creek is a tributary to Shafer Creek, which is a tributary to the Payette River. This segment of Bogus Creek flows perennially and has a drainage basin upstream from this location of approximately 1.09 square miles, with a maximum elevation of 7582 feet and a mean basin elevation of 6620 feet. Stream flow is dependent on snowfall in the basin, with peak flows resulting from snowmelt runoff. The channel width varies, however typically extends between 2-5 feet from Ordinary High Water Mark. The channel is located within a relatively steep, V-shaped drainage, confined by the granitic base material. Wetlands adjacent to Bogus Basin Creek within the project area consists of Palustrine Scrub-Shrub wetlands, dominated by reed canary grass (Phalaris arundinacea), and gray alder (Alnus incana). There are 0.77 acres of wetlands delineated within the project area.
ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: The project as proposed will result in the total loss of 830 linear feet of stream and 0.39 acres of wetlands. The impacts entail the permanent loss of 230 linear feet of stream and 0.09 acres of wetlands for the construction of the embankment dam. In addition, 600 linear feet of stream and 0.30 acres of wetlands will be permanently converted to open water.
OTHER AUTHORIZATIONS: The applicant has submitted an application for a water right and Stream Alteration permit through the Idaho Department of Water Resources.
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 Paiute, and Shoshone Bannock Tribes, 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 Paiute, and Shoshone Bannock Tribes. 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. The North American Wolverine is proposed for listing as threatened and is believed to occur in Boise County, Idaho. Coordination is currently being conducted with the U.S. Fish and Wildlife Service (USFWS).
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, nor is there EFH within the watershed.
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 the 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
Christen Marve Griffith
Boise Regulatory Office
720 Park Boulevard, Suite 245
Boise, Idaho 83712-7757
christen.m.griffith@usace.army.mil
Comments should be received no later than the comment due date of April 4, 2018, as indicated on this notice, to receive consideration.
Kelly J. Urbanek
Chief, Regulatory Division
Walla Walla District
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.