APPLICATION FOR PERMIT
APPLICATION NO.: NWW-2005-2100162
WATERWAY: Spring Valley Creek, North Fork Spring Valley Creek
APPLICANT: Avimor Development Corps LLC
DATE ISSUED: 4 April, 2018
END DATE: 3 May, 2018
Interested parties are hereby notified that an application has been received to modify a Department of the Army permit, NWW-2005-2100162, issued on 27 June 2006, for certain additional work in Waters of the United States, including wetlands, as described below:
APPLICANT: Mr. Brad Pfannmuller, Avimor Develop Corps LLC
AGENT: Mr. Dan Ritcher, Avimor Develop Corps LLC
U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: Mr. Christen Marve Griffith, Telephone (208) 433-4470, firstname.lastname@example.org
PURPOSE: Discharge gravel and rock fill into Spring Valley Creek and North Fork Spring Valley Creek for the next phase of Avimor Planned Unit Development Project.
WATERWAY: The proposed projects are located in wetlands adjacent to Spring Valley Creek, and within the channel of North Fork Spring Valley Creek.
LOCATION: The proposed project would be located on Spring Valley Creek and North Fork Spring Valley Creek within Section 18, Township 5 North, Range 2 East, near latitude 43.7737º N and longitude –116.2639º W, and latitude 43.7919º N and longitude –116.2627º W in Ada County, near Eagle, Idaho.
DRIVING DIRECTIONS: From the intersection of State Highway 44 and 55 head north 8 miles to the Avimor Subdivision just after mile post 51.
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 3350 cubic yards of various fill material into 0.115 acres of palustrine scrub-shrub (PSS) wetlands adjacent to Spring Valley Creek and approximately 1,277 linear feet of North Fork Spring Valley Creek.
The work will entail the following activities with a waters of the United States.
Discharge of 1,136 cubic yards of earthen fill and a rock gabion retention wall to support the development of a commercial lot (See drawing C3.0). This will result in the loss of 0.115 acres of PSS wetlands adjacent to Spring Valley Creek. This impact was previously authorized in the June 2006 permit, however the permit to perform the work has expired.
ADDITIONAL INFORMATION: A 0.34 acre pond adjacent to the North Fork Spring Valley Creek, will be excavated from uplands as an amenity to the subdivision. The pond will be excavated to physically connect to the stream. The pond would be shallow and have a maximum depth of five feet. In addition, uplands adjacent to the channel will be reconfigured to allow for riparian vegetation plantings and increased stability.
CONSTRUCTION PERIOD: Applicant proposes to start construction during summer 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. Impacts from the proposed project will result in the loss of 0.115 acres of palustrine scrub-shrub wetlands adjacent to Spring Valley Creek and approximately 152 linear feet of North Fork Spring Valley Creek.
The applicant had previously mitigated for the 0.115 acre impact for the development of the commercial lot in the 2006 permit action. This mitigation has met its success criteria and is considered compliant. No additional mitigation is proposed for the loss of wetlands associated with the development of the commercial lot.
The applicant proposes to minimize impacts to functions and conditions of the North Fork Spring Valley Creek associated with the road crossing by improving the overall reach. The existing condition is impaired due to historical agricultural practices and use by cattle, and the applicant proposes to improve the overall reach. The functions lost by the crossing will be compensated by the improvements to channel conditions and vegetation plantings upstream. No additional mitigation is proposed for impacts associated with North Fork Spring Valley Creek.
OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT: The original DA permit was issued on June 27, 2006.
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 request 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, Boise, Idaho 83706.
AQUATIC RESOURCE DESCRIPTION: The proposed project will impact wetlands adjacent to Spring Valley Creek, and a segment of North Fork Spring Valley Creek. Spring Valley Creek is a tributary to Dry Creek, which is a tributary to the Boise River. Both locations are located east of Highway 55 within the Avimor Development footprint.
Spring Valley Creek is a perennial waterway with a drainage area upstream from the project area of approximately 17 square miles. Spring Valley Creek flows west into Avimor where it merges with the North Fork Spring Valley Creek, and flows south through the development. The channel within the project reach includes a riparian/wetland corridor that varies between 100 and 200 linear feet in width and is composed of palustrine forested (PFO) and scrub-shrub wetlands (PSS). The wetland area to be impacted consists of PSS wetlands dominated by coyote willow, stinging nettle, and Canada thistle, and is located on along the transition zone between the channel bottom and existing developed upland area.
North Fork Spring Creek is an intermittent stream that runs southwest across the property. The stream segment has been heavily impacted from historic agricultural use. Vegetation consists of scattered old growth willow trees with little to no understory, and has a high width to depth ratio from historic cattle encroachment. The stream segment to be impacted by the crossing and enhancement runs parallel to a farm road, and through the homestead site for approximately 1200 linear feet before entering an existing culvert crossing under Highway 55 to the west side of the Valley.
ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: The project as proposed will result in the total loss of 152 linear feet of intermittent stream, and 0.115 acres of wetlands. An additional 1,125 linear feet of North Fork Spring Valley Creek is proposed to be enhanced through channel work, to include the inclusions of grade control structures, and vegetative plantings.
OTHER AUTHORIZATIONS: Proposed work would require a Section 401 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 Paiute and the 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 the 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. 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 OR 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 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 of 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
Comments should be received no later than the comment due date of May 3, 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.