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.

NWW-2019-00076, Ada County, Falcon Valley Subdivision

Published Dec. 23, 2019
Expiration date: 1/21/2020

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 in the attached documents:

  • PN_NWW-2019-00076_Map_Drawings

APPLICANT: Mr. Shawn Brownlee, Trilogy Development, Inc.

AGENT: Mr. Kevin Craig, P.E., Bailey Engineering, Inc.


PURPOSE: To construct a single-family residential subdivision and its attendant features, known as Falcon Valley Subdivision No. 7. Proposed in-water work includes:

  • Constructing culverted road and utility crossings at the intersections of Duff Lane and Little Drain as well as Quartzite Avenue and Little Drain;
  • Backfilling three unnamed drains (Drain 1-North, Drain 1-South and Drain 2) and three unnamed ditches (Ditches 1, 2, and 3), to accommodate house lots and attendant features;
  • Piping and backfilling Drain 1-North to improve drainage for house lots; and
  • Piping and backfilling Ditch 4 to accommodate attendant features.

WATERWAY: Little Drain, Drain 1-North, Drain 1-South, Drain 2, Ditch 1, Ditch 2, Ditch 3 and Ditch 4.

LOCATION: The proposed project would be located on 0 Foothill Road within Section 5, Township 4 North, Range 2 West, near latitude 43.717486 N. and longitude –116.595611 W., in the community of Middleton, Canyon County, Idaho.  

DRIVING DIRECTIONS: Take State Street/ID-44W to Middleton, turn right onto Duff Lane. Continue straight on Duff Lane for about 0.10 miles and the project site is located on the left.

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 work consists of the estimated total discharge of 1,538 cubic yards of native fill material below the ordinary high water mark of Little Drain, Drain 1-North, Drain 1-South, Drain 2, Ditch 1, Ditch 2, Ditch 3 and Ditch 4. The project work also consists of the estimated total discharge of 5,852 cubic yards of native fill material into emergent wetlands from the ordinary high water mark to the top-of-bank associated with Little Drain, Drain 1 North, Drain 1 South, and Drain 2. Proposed breakdown of described in-water work is described in the table below:

Aquatic Resource

Emergent Wetland Impacts* (Acres/CY)

Open Channel Impacts* (Acres/CY)

Linear Length of Drain/Ditch Impact* (lf)

Little Drain, Duff Lane (Crossing 1)

0.10 / 643

0.07 / 271


Little Drain, Quartzite Ave. (Crossing 2)

0.07 / 474

0.06 / 417


Unnamed Drain 1 North

0.46 / 1,681

0.21 / 119


Unnamed Drain 1 South

0.37 / 1,782

0.24 / 137


Unnamed Drain 2

0.25 / 1,272

0.15 / 260


Ditch 1


0.01 /  10


Ditch 2


0.02 /  37


Ditch 3


0.09 / 199


Ditch 4


0.06  /   88



1.25 acres / 5,852 cy


0.91 acres / 1,538 cy

4,990 linear feet

*Based on preliminary engineering and environmental surveys.

In-channel activities include:

Little Drain Crossing 1: Install a 36-inch diameter by 136 linear foot round concrete pipe below the ordinary high water mark, to construct a road crossing and trench a water main line underneath the culvert crossing.

Little Drain Crossing 2: Trench sewer, water pressure irrigation underneath the road culvert crossing. Install a 36-inch diameter by 104 linear foot round concrete pipe below the ordinary high water mark to construct a road crossing.

Drain 1-North: Install a 12-inch diameter by 1,237 linear foot long perforated pipe and backfill, to capture subsurface flows likely originating from Middleton Mill/Newman Lateral, Middleton Mill Canal and a naturally high groundwater table for the expressed purpose of constructing house lots.

Drain 1-South: Backfill to accommodate house lots.

Drain 2: Backfill to accommodate house lots and attendant features.

Ditches 1, 2 and 3: Backfill and abandon ditches to accommodate house lots and attendant features.

Ditch 4: Install a 24-inch by 926 foot long round concrete pipe and backfill ditch, which will convey water from Drain 1-North to Ditch 4, for attendant features.

ADDITIONAL INFORMATION: The parcel of land is about 19.18 acres. An estimated 2.16 acres of waters of the United States were identified on the property. Unnamed ditches and drains are present on the parcel of land, reflecting past agricultural use. Flood irrigation was the methodology used to provide water to irrigate hay fields, which was the primary crop of the previous property owner.

Falcon Valley Subdivision, Phase 7 will consist of 49 single-residential houses with attendant features. This proposal is considered a single and complete project.

CONSTRUCTION PERIOD: Applicant proposes to start construction October 15, 2020 to March 1, 2021. The permit would authorize construction for a period of 3 years.

PROPOSED MITIGATION: The Applicant proposes to purchase wetland credits from the Barber Valley Wetland Mitigation Bank, managed by The Wetlands Group, LLC. Mitigation will be required for Drain 1-North, Drain 1-South, Drain 2, Little Drain Crossing 1 and Little Drain Crossing 2. These drains intercept groundwater and surface flow and are considered perennial waters. Wetlands are contiguous from the apex of the “V”-shaped drains to the top-of-bank. Ditches 1, 2, 3 and 4 convey irrigation water, are controlled by screw head gates, and do not intercept groundwater. If the head gate(s) are turned off, the ditches will revert to uplands (dry lands). There are no wetlands associated with Ditches 1, 2, 3 and 4.

OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT: Previous phases of the subdivision were permitted under Nationwide Permit 12 - Utility Line Activities and Nationwide Permit 46 - Discharges in Ditches on March 8, 2019.

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: Aquatic resources on this property consist of irrigation drains ditches, and wetlands. Drains on the property flow year-round and intercept ground water and surface water. Drains are “V”-shaped with open-water widths of 18 to 30 feet with near vertical slopes. Emergent wetlands are defined from the bottom of the “V”-shaped drains to the top-of-bank and generally consist of duck weed, reed canary grass, poison hemlock and common mullein.

Ditches flow seasonally from March 1 through October 15 with water and are controlled by manual labor via screw gates from the Newman Lateral, Middleton Mill Ditch, and/or unnamed lateral. Irrigation ditches are trapezoidal-shaped and void of vegetation. The dimensions of the ditches vary with bottom widths of 6-inches to 3-feet and top-of-bank widths of 2 to 4 feet.

All irrigation water from the drains and ditches on the parcel of land appears to flow into Little Drain, which appears to flow into Canyon Canal, which appears to flow into the Boise River.

ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: An estimated total of 0.91 acres of open channel and 1.25 acres of emergent wetlands will be filled:

  • Little Drain will be trenched and backfilled at two locations to accommodate utilities and road crossings, with an estimated impact of 0.13 acres of open channel and 0.17 acres of emergent wetlands.
  • Drain 1-South and Drain 2 will be backfilled to accommodate house lots or house lots and attendant features, respectfully, with an estimated impact of 0.39 acres of open channel and 0.62 acres of emergent wetlands.
  • Drain 1-North will be piped and backfilled to improve drainage for house lots, with an estimated impact of 0.21 acres of open channel and 0.46 acres of emergent wetlands.
  • Ditches 1, 2 and 3 will be backfilled to accommodate house lots and attendant features with an estimated total impact of 0.12 acres of open channel.
  • Ditch 4 will be piped and backfilled to accommodate drainage of the residential development with an estimated impact of 0.06 acres of open channel.

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-Paiute Tribes of the Duck Valley Indian Reservation 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, statues, 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 Tribes of the Duck Valley Indian Reservation 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) and the National Marine Fisheries Service (NMFS/NOAA Fisheries Service) 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.

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.  Preliminarily, we have determined the described activity would have no effect on EFH.

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

Boise Regulatory Office

ATTN: Eric M. Gerke

720 Park Boulevard, Suite 245

Boise, Idaho 83712-7757

Comments should be received no later than the comment due date of January 21, 2020, as indicated on this notice, to receive consideration.


                                                                  Kelly J. Urbanek

                                                                              Chief, Regulatory Division

                                                                              Walla Walla District      



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