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Mou/Moa - 1996 - Island Woods Greenbelt Pathway - 12/5/1996 July 28, 1999 Allen & Betty Frazier 1223 S. Watermark Ave. Eagle, ID 83616 RE: ISLAND WOODS GREENBELT P A rnw A Y MEMORANDUM Dear: Allen and Betty Frazier: On July 22, 1999 representatives from my office, the Island Woods Homeowners Association and the City of Eagle met with you to further clarify what work would be accomplished in conjunction with the extension of the Island Woods greenbelt pathw'dY. At the above stated meeting you signed the Memorandum of Agreement and executed the new greenbelt and pathway easement with the following understanding: B. W, Inc. will work together with the Island Woods Homeowners Association and the City of Eagle to obtain the necessary permits to restore and stabilize the left bank of the North Channel of the Boise River, adjacent to the subject greenbelt pathway extension. The means of stabilization and reinforcement will be achieved by the placement of high-dcnsity txlS31t rock similar to other bank restoration adjacent to the staled greenbelt. It is furl her understood that funding for Ihe st:lbilil.:ltion and rcstomtion project could be accomplished by a joint effort of the Island Woods Homeowners Association, certain property owners and the City of Eagle, subject to required authorization and agreement; based upon a fair and equitable method of cost sharing. The timing for the restor-cllion should be accomplished between the end of October and the end of December, subject to obtaining the necessary governmental permits. Additionally, it is understood that you will review and approve the pathway construction plan, including the fence relocation and landscaping modifications, This letter is submitted to show good faith and the spirit of cooperation between all parties included within the Memorandum of Agreement. Sincerely, Dennis M. Baker President B. W. Inc. ce. Honorable RickYzaguirre, Mayor cc. Honorable City Council Members -==-" SEPARATE PERMIT DECISIONS MUST BE RECEIVED FROM 80TII TIlE 5T A TE OF IDAHO AND TIlE CORPS OF ENGINEERS PRIOR TO START OF WORK JOINT APPUCATION fOR PfßMIT u.s. ARMY CORPS OF ENGINEERS IDAHO DEPARTMENT OF WATER RESOURCES IDAHO DEPARTMENT OF LANDS c Depll1ment of the Amfy pcnnit plO¡tam Is authorized by Section 10 oflbc Rivers and Harbors Act of 1199 and Section 404 of the Clean Water ACL These laws ;uire permits authorWnlSInlCtIIrCS and wod; In or aft'ectln¡ lIIVipble waters of the UnilCd States and the dischar¡e of dredled or fill material into walen of Ihe .i\Cd SIaICS, ¡neludln. Ihclr adjacent wclllllda. Sua. permits - required under the Slate of Idaho, Stream Channel ProlCction Act mllc 42. Chapler 38, Idaho Code) J lIIe Idaho 1..a ¡e ProtecLion Act. Sec:tion 58.142 eL scq, Idaho Code. This Ipplicaljon will meet the requirements of the above I,cneies. Corps of Engineen II 2. State of Idaho II Dale Received Date. Received $20 Rec'd By: PLl:AS~ T 'PE OR PRINT Receipt II Applicant Islam-: ~';oods Sub division Mailing Address Haneowners Association PO Box 193, Eagle, ill. 83616 Work Phone ~§') 375-666!i _Home~)939-2063 Fax Number (208) 375-6667 Location where proposed acti,'ity exÍ$1S or will occur. Waterway Nortl1 Channel - Boise River 4. Authorized Agent Ruciy .Ai1.derson/Dan Torfin Mailing Address Same as fI..pplicant Area Work Phone ( ) Area Home ( ) Tributary of: Assessor's Desc. (Tax No. or Subdivision, Lot &: Blocl: No.) " . "(See instrUctions) EapJe ADA Ii) . In/near city or town County State 1/4 1/4 Section Township Rmge Llp8¿~I6 ~un%~tI~FcI~eor county}. UIM Coordinate Grid ZOne NOrtllUlg l:.a.Sung Describe the proposed activity. Provide I general desaiption of the proposed work including all discharges of fill malerial and any 51nICI\I.rcS such as piers, floats, boat lifts, bulkheads, and cofferdams. *Repair and replace approximately 200 lineal feet of the left bank of the north Channel of tile Boise ft;i.ver; install three deflection jetty's. See attached map and sketch. Approximately 600 cubic yards I consisd.Ilf òf 400 cu. yds. basalt rock; 200 cu. yds river cobble, from gravel b or air and reinforce appoximately 200 lineal feet of the left bank of the North C'nannel ReiIDve existing concrete debris lYing within the channel, adiacent to the subiect are~ Describe construction methods and cqu!'pmcnt: Rock and gravel will be placed by means of excavating equip¡œnt. Such equipaœnt will . -- . operate below the ordinary high vTater line of the subj ect waterway. Lisl all soil series loealed at project sile, and indicate if any are on the county's hydric soils list Sands. Gravel and River Cobble Length of project along the su-cam or extension into lake or reservoir: total of 400 lineal feet. Will material be placed wat.crv."ard of ordinary hip water mark? Yes If yes, volume: 600 cu. yds. & 300 cu. y~u'bic yards) (BOTH TEMPORARY AND PERMANEN1) Will material be placed in wetlands? tìo If yes, tolal area: (acres) Type and wmposition offill mat.crial:basalt rocl,-/river cobble (i.e. sand, elC.) Material Source: :imported; on-site respectively Will excavation or dredging be required? Yes If yes, volume: 200 (cubic yards) Composition river cobble 1 gravel bar Disposal silt for excavaled material: NI A Method of excavation: Stream gradient: 0.30% a9pðximately Melllod of controlling turbidity and/or sedimentation: rock will be placed by excavator S iu and flow capacity of proposed bridge or culvert and area of drainage served (sq. miles): (Idaho Depanment of Wat.cr Resources requiremenL) N/A NPW 304 lDWR Fonn 3&04.B B. Preparation of drawinp. One sel or original or g luality reproducible drawings musl be anachC4 10 Ihl$ L, ..catlon. NU I c: UKA \\ II'<LJ:I I'<U L/\K~,t:I'- ll-IAN 8.112 X II INCHES IN SIZE. See the in$\luction pamphlet for instructions and a checklist for completing the drawinp. Ineludt photographs of the ì' sile mounled on 8-1/2 ( I) sheets. 9. Purpose and intended use: Commercial Public X Private Other Describe: Necessity and justification for project subject bank eroded during spring ;Of 1996 10, Proposed Slatting Dale January 2, 1997 Estimated Duration 8 days II, If any ponion of the activit)' is complete. indicate month and year of completion Indicate the existing work on the drawings. N/A 12. Names, addresses, and telephone numbers ofadjoining property owners. lessees, ete.. whose propcny also adjoins the wate~'a>'. 0 Check here if the alleration is located on endowment lands administered brthc Idaho Department of Lands 13. LEGAL OWNER IF OTIŒR TIIAN APPLICANT Mailing Address N/A Phone Arca Work~ City, Slate, Zip Qlde 4. List other applications, approvals, or unifications fi'om other Federal, interstate, state, or Iocalageneles for any strUCtUrts, constrUctions, dischargts. def'osill, " other activites described in the application. Arca HomeL--) )~suing Agency None Type of Approval Identification No, Date of Application Date of Appro\'.11 IS. Has any agency denied approval for the activity described herein or for any activity directly related 10 the activity described herein? Yes - No 7~ (If .Yes. explain) 16, Remark¡ or additional infonnation: - 17. Application is hereby made for a pennit or permits 10 authorize the activities described herein. I cenify that I am familiar with the infonnalion cont.1ined in rhi., application. and that to the best of my knowledge and belief. such infonnation is trUe, complele, and accurate. I further certify thaI I possess !he authority 10 "",;,- take the proposed activities. 1 hereby grant to the agencies to which this application is made, the right to come upon the above-described location 10 insf'eci 1110 proposed or compleled work. ] 21O~/96 Dale Signature of Applicant (ORIGINAL SIGNA11JRE REQUIRED) 19, If an authorized agent is 10 be designated, Item -4 and the following infonnation should be completed. I hereby designate is issued, I must sign the pennil to act as my agent in matters related 10 this pennit application, I under3tand that if a Federal perm II Dale Original Signature of Authorized Agent Original Signature of Applicant 18 U.S.C. Section 1001 provides thac Whoever. in any manner within the jurisdiction of any department or agency of the United States knowingly faJsifics. conceals. or cover3 up by any uick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or represent.atjons or makes or uses on', false writing or document knowing same to conlain any false, fictitious, or fraudulent st.atement or entry, shall be fined not more than S 10.000 or imprisoned nOI more than S years or both. Do not sent a Federal pennit processing fee with this application. The appropriate fee will be assessed when a pennil is issued, DO NOT SEND FEDERAL PROCESSING FEE Wmf APPUCA nON ~PW Form 304 I¡ 94 (Rev) IDWR Form )&(. - , -. -- .. .. \ \1 r }- ,?.. ~ < ~ wt ( ~,o glT ".. U1 IT' ~ ~~ 1~ çL S fTt:tJ øO ~, E \)-; ;> 0 ~~ t Þ. ~ I" $ ~ ~Þ'. #. L~ ~ Ó\ ~õÍ 11 ot (:] \" -- - - r - \ \ , " ~ r~-/~ State of Idaho DEPARTMENT OF WATER RESOURCES Western Region. 2735 Airport Way, Boise, Idaho 83705-5082 - (208) 334-2190 FAX (208) 334-2348 January 2, 1997 PHILIP E. BATT GOVERNOR KARL J. DREHER DIRECTOR Dan Torfin % Island Woods Subdivision Homeowners Association P.o. Box 193 Eagle, Idaho 83616 RE: Application for Stream Channel Alteration Permit #63-S-1215 Repair of bank and placement of three bank barbs. Dear Mr. Torfin: This office has reviewed the above referenced application for a permit to alter a stream channel and has prepared a decision as provided for in Section 42-3805, Idaho Code. You may consider this letter as a permit for the placement of three bank barbs, repair of 200 feet of streambank as described on your application. However, conditions and construction procedures approved under this permit may not coincide with the proposal as submitted. MINIMUM STANDARDS (These standards are established in the stream Channel Alterations, Rules and Regulations dated November 1992, and are enclosed with this permit.) 056 - Construction Procedures 057 - Dumped Rock Riprap .' 059 - Drop Structures, sills and Barbs THIS PERMIT DOES NOT RELIEVE THE APPLICANT OF THE RESPONSIBILITY TO OBTAIN A SEPARATE PERMIT FROM THE U.S. ARMY CORPS OF ENGINEERS BEFORE STARTING THIS PROJECT. YOU SHOULD CONTACT THEIR OFFICE AT (208) 343-0671 TO OBTAIN ADDITIONAL INFORMATION ON PERMITTING REQUIREMENTS THAT MAY BE NEEDED FOR THIS PROJECT. A COpy OF THIS PERMIT HAS BEEN PROVIDED TO THE CORPS FOR THEIR REVIEW. THIS PERMIT CONSTITUTES A PERMIT FROM THE DEPARTMENT OF LANDS BUT DOES NOT AUTHORIZE REMOVAL OF STREAMBED MATERIAL FOR SALE. THIS AUTHORIZATION IS APPLICABLE ONLY TO DEPARTMENT OF WATER RESOURCE PERMITS ADMINISTERED BY THE STREAM CHANNEL PROTECTION PROGRAM. IT DOES NOT RELIEVE YOU OF THE RESPONSIBILITY TO OBTAIN OTHER LOCAL, STATE, AND/OR FEDERAL PERMITS WHICH MAY BE REQUIRED. - Ce/eJ,ralinq Our Centennial Year of Service to Idaho 1895-1995- Page 2 53-5-1215 " All construction shall be completed in accordance with descriptions and methods on the application and attachments submitted with the application or as addendums unless otherwise specified. Any changes must be approved by this Department prior to commencement of construction. The applicant shall have the responsibility for the maintenance of the structure(s) constructed under this permit for a period of 5 years from the date of this permit and shall assume all responsibility to either remove, repair or modify any structure that the IDWR determines unsuitable to the river system or that is not functioning properly within the river. Fill to be placed under this permit is located within the floodway of the Boise River, and within the limits of Ada County. The applicant shall meet all regulations governing floodway construction, as required by your community Flood Plain Management Ordinance, Federal Flood Insurance Program and FEMA requirements. Failure to do so shall be cause for the community to order removal of all or any part of fill placed in violation of any applicable ordinance. The use of construction equipment in the wetted channel shall be limited to rubber tired equipment andlor a track mounted backhoe with the provision that the track hoe shall be limited to forward and backward movement (no turning shall be allowed except with specific approval from the IDWR). To enhance the stability of the streambanks and to improve the aesthetics and fish and wildlife habitat live willow cuttings or other suitable shrub cuttings shall be placed in the keyway excavated in the bank in conjunction with the structure in such a manner that one end is in contact with permanent moisture and maximum of three or four leaf nodes are exposed. Rock used for bank barbs and riprap shall be sound, dense, well graded, angular rock of a sufficient size to withstand the expected velocities within the channel during ordinary high water and be free of fines to ensure erosion protection. Unauthorized placement of excavated material in the stream channel will not be permitted. This permit specifically prohibits the removal of streambed material from below the water surface in the flowing part of the channel and lor pushing or pulling streambed material across the wetted stream channel. . .' Page 3 63-8-1215 The gravel bar may be removed down to the existing water level in the channel. However, during removal a minimum five (5) foot buffer strip shall be left in its natural state along the stream edge of the gravel bar. After completion of the gravel bar removal, this buffer strip may be removed. " Upon completion of the gravel removal, the area should be graded level or sloped so that there are no depressions which will trap fish as river flows drop or gravel piles that will detract from the natural appearance of the area. All construction activities shall be conducted in such a manner as to minimize turbidity and other water quality impacts. Fuel, oil, and other hazardous materials shall be stored, and equipment refueled, away from the stream to ensure that a spill cannot enter the stream channel. This project must be conducted in accordance with the best management practices which are identified as "Rules and Regulations and Minimum Standards for stream Channel Alterations" as adopted by the Water Resource Board. Failure to do so, without specific approval, may result in a violation of state Water Quality Standards. THIS PERMIT SHALL EXPIRE ON DECEMBER 31, 1997. GENERAL CONDITIONS c. permit does not constitute any of the following: An easement or right-or-way to trespass across or work upon property belonging to others. Other approval that may be required by State or Federal Government, unless specifically stated in the special cònditions above. Responsibili ty of the Department of Water Resources for damage to adjacent properties due to work done. Compliance with the Federal Flood Insurance Program, FEMA regulations or approval of the local Planning and Zoning authority. Idaho Code, sections 55-2201 - 55-2210 requires the applicant and/or his contractors to contact Digline not less than three (3) working days prior to the start of any excavation for this project. The phone numbers for Digline are, Boise area 342-1585 and statewide 1-800-342-1585. This a. b. d. The permit holder or operator must have a copy of this permit at the alteration site, available for inspection at all times. Page 4 63-5-1215 FAILURE TO ADHERE TO CONDITIONS AS SET FORTH HEREIN CAN RESULT IN LEGAL ACTION AS PROVIDED FOR IN SECTION 42-3809, IDAHO CODE. If you object to the decision issuing this permit with the above conditions, you have fifteen days in which to notify this office in writing that you request a formal hearing on the matter. If an objection has not been received within fifteen days, the decision will be final. If you have any questions, please contact me at 334-2266 extension 109 or this office. 0' s i nc~fl~ !å-- Xe Gibson Stream Protection Specialist Western Regional Office MGG:g cc: IDOL, IDFG, IDHW-DEQ, C of E (Boise) . .' 056. CONSTRUCTION PROCEDURES (Rule 56). 01. Conformance to Procedures. Construction shall be done in accordance with the following procedures unless specific approval of other procedures has been given by the Director. When an applicant desires to proceed in a manner different from the following, such procedures should be described on the application. 02. Operation of Construction Equipment. No construction equipment shall be operated below the existing water surface without specific approval from the Director except as follows: Fording the stream at one location only will be permitted unless otherwise specified; however, vehicles and equipment will not be permitted to push or pull material along the streambed below the existing water level. Work below the water which is essential for preparation of culvert bedding or approved footing installa- tions shall be permitted to the extent that it does not create unnecessary turbidity or stream channel disturbance. Frequent fording will not be permitted in areas where extensive turbidity will be created. 03. Temporary structures. Any temporary crossings, bridge supports, cofferdams, or other structures that will be needed during the period of construction shall be designed to handle high flows that could be anticipated during the construction period. All structures shall be completely removed from the stream channel at the conclusion of construction and the area shall be restored to a natural appearance. 04. Minimizing Disturbance of Area. Care shall be taken to cause only the minimum necessary disturbance to the natural appearance of the area. streambank vegetation shall be protected except where its removal is absolutely necessary for completion of the work adjacent to the stream channel. 05. Disposal of Removed Materials. Any vegetation, debris, or other material removed during construction shall be disposed of at some location out of the stream channel where it cannot reenter the channel during high stream flows. 06. New Cut of Fill Slopes. All new cut or fill slopes that will not be protected with some form of riprap shall be seeded with grass and planted with native vegetation to prevent erosion. 07. Fill Material. All fill material shall be placed and compacted in horizontal lifts except as provided for in Rule 55.05.e. for uncompacted dike and levee construction. Areas to be filled shall be cleared of all vegetation, debris and other materials that would be objectionable in the fill. 08. Limitations on Construction Period. The Director may limit the period of construction as needed to minimize conflicts with fish migration and spawning, recreation use, and other uses. .,. 057. DUMPED ROCK RIPRAP (Rule 57). 01. Placement of Riprap. Riprap shall be placed on a granular bedding material or a compact and stable embankment. 02. Sideslopes of Riprap. Sideslopes of riprap shall not be steeper than 2:1 (2' horizontal to l' vertical) except at ends of culverts and at bridge approaches where a 1~:1 sideslope is standard. 03. Minimum Thickness of Riprap. The minimum thickness of the riprap layer shall equal the dimension of the largest size r iprap rock used or be 18 inches, whichever is greater. When riprap will be placed below high water level, the thickness of the layer shall be 50 percent greater than specified below. 04. Riprap Protection. Riprap protection must extend at least one foot above the anticipated high water surface elevation in the stream. 05. Rock Used for Riprap. Rock for riprap shall consist of sound, dense, durable, angular rock fragments, resistant to weathering and free from large quantities of soil, shale, and organic matter. The length of a rock shall not be more than three times its width or thickness. Rounded cobbles, boulders, and streambed gravels are not acceptable as dumped riprap. . .' 06. Size and Gradation of Riprap. Riprap size and gradation are commonly determined in terms of the weight of riprap rock. The average size of riprap rock shall be at least as large as the maximum size rock that the stream is capable of moving. The maximum size of riprap rock used shall be 2 to 5 times larger than the average size. 07. Methods Used for Determining Gradation of Riprap. There are many methods used for determining the gradation of riprap rock. One of these many acceptable methods is shown in Table 1 and Figure 1. A second method is the Far West States (FWS) method shown in Table 1A in Appendix II. " Max. Weight of Min. and Max. Range Weight Range 75 stone Required in Weight of stones percent of stones ( lbs. ) ( lbs . ) ( lbs . ) 150 25 - 150 50 - 150 200 25 - 200 50 - 200 250 25 - 250 50 - 250 400 25 - 400 100 - 400 600 25 - 600 150 - 600 800 25 - 800 200 - 800 1000 50 - 1000 250 - 1000 1300 50 - 1300 325 - 1300 1600 50 - 1600 400 - 1600 2000 75 - 2000 600 - 2000 2700 100 - 2700 800 - 2700 Table 1 Gradation of Riprap in Pounds 08. Use of Filler Material. A blanket of granular filter material or filter fabric shall be placed between the riprap layer and the bank in all cases where the bank is composed of erodible material that may be washed out from between the riprap rock. Filter material shall consist of a layer of well-graded gravel and coarse sand at least six inches thick. 09. Toe Protection. Some suitable form of toe protec- tion shall be provided for riprap located on erodible streambed material. a. various acceptable methods of providing toe protection are shown in Figure 2 in Appendix III. (Or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, Page 37-185). b. In addition to the approved methods of providing toe protection as shown in Figure 2 in Appendix III (Or see "Forms, Appendicies, Charts, Graphs, EtC..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, Page 37-185). any other reasonable method will be considered by the Director during review of a proposed project. 10. Extension of Riprap Area. Riprap shall extend far enough upstream and downstream to reach stable areas, unless protected against undermining at ends by the method shown in Figure 3 in Appendix IV (Or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, " Page 37-186). On extremely long riprap sections, it is recommended that similar cutoff sections be used at several intermediate points to reduce the hazard that would be created if failure of the riprap occurred at anyone location. 11. Finished Surfaces. Placement shall result in a smooth, even finished surface. Compaction is not necessary. 12. Placement of Riprap. The full course thickness of the riprap shall be placed in one operation. Dumping riprap long distances down the bank or pushing it over the top of the bank with a dozer shall be avoided if possible. Material should be placed with a backhoe, loader, or dragline. Dumping material near its final position on the slope or dumping rock at the toe and bulldozing it up the slope is a very satisfactory method of placement, if approval is obtained for the use of equipment in the channel. 13. Design Procedure. West States (FWS) method. Design procedure using the Far a. The FWS method uses a single equation to deal with variables for riprap. D75 = 3.5 CK WDS for Channel Banks where: D75 = Size of the rock at 75% gradation, in inches is finer in W = D = S = C = K = specific weight of water, usually 62.4 lbs./cu.ft. Depth of flow in stream, in feet in flood stage. Channel slope or gradient, in ft/ft. A coefficient relating to curvature in the stream. A coefficient relating to steepness of bank slopes. b. The coefficient, C, is based on the ratio of the radius of curvature of the stream, (CR), to the water surface width, (WSW), so it is necessary for the user to make field determination of these values. The coefficient varies from 0.6 for a curve ratio of 4 to 6, up to 1.0 for a straight channel. If the computed ratio for a particular proj ect is less than 4, the designer should consider some modification less than 4. CR/WSW 4 - 6 ç 0.60 6 - 9 0.75 0.90 9 - 12 Straight Channel 1. 00 c. The coefficient, K, ranges from 0.5 for a 1. 5: 1 sideslope to 0.87 for 3:1 sideslope. No values are given for steeper or flatter slopes. Slopes steeper than 1.5: 1 are not recommended. If slopes flatter than 3:1 are desired, it would be conservative to use the K-value for 3:1 slopes. Bankslope 1.5:1 K 0.50 1.75:1 2.0:1 0.63 0.72 2.5:1 3.0:1 0.80 0.87 Table 1A Riprap Gradation Using FWS Method % Finer by Weight Minimum Size Maximum Size (Lbs. ) (Lbs .) . (Lbs. ) D,nn 1. 33 X D7 c; 2.0 X D7c; D75 1.0 X D75 1. 67 X D75 Dc;n 0.67 X D7c; 1. 17 X D7~ D., E; 0.33 X D7E; 0.77 X D7~ Dn None 0.33 X D7E; " 059. DROP STRUCTURES, SILLS AND BARBS (Rule 59) 01. Drop structures. A drop structure shall be constructed of rocks, boulders and/or logs placed within a stream channel to act as a low level dam. Placement of a drop structure perpendicular to stream flow will decrease the stream gradient, dissipate stream energy and decrease stream velocity through an increase in water surface elevation immediately above the structure. Drop structures shall comply with the following criteria: a. Maximum water surface differential across (upstream water surface elevation minus downstream water surface elevation) a drop structure shall not exceed two (2) feet. The department shall approve the final elevation of any structure. b. Rock drop structures shall be constructed of clean, sound, dense, durable, angular rock fragments, and/or boulders of size and gradation, such that the stream is incapable of moving the material during peak flows. Rocks shall be keyed into the stream banks to minimize the likelihood of bank erosion, (See Figure 8 in Appendix IX or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, Page 37- 192) . ' c. Log drop structures are acceptable in four designs including the single log dam, the stacked log dam, the three log dam, and the pyramid log dam. Log ends shall be keyed into both banks at least 1/3 of the channel width or a distance sufficient to prevent end erosion. To prevent undercutting, the bottom log shall be imbedded in the stream bed or hardware cloth, cobbles or boulders shall be placed along the upper edge. Minimum log size for a single log structure shall be determined by on-site conditions and shall be placed to maintain flow over the entire log to prevent decay. Each log drop structure must be accompanied by downstream scour protection, such as a rock apron (See Figure 9 in Appendix X or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1,1993, Volume 93-1, Page 37- 193). d. All drop structures shall be constructed to facilitate fish passage and centralized scour pool development. 02. Sills. A sill shall be constructed of the same material and in the same manner as a drop structure. The top of the sill may not exceed the elevation of the bottom of the channel. The purpose of a sill is to halt the upstream movement of a headcut, thus precluding the widening or deepening of the existing channel. (See Figure 10 in Appendix XI or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, Page 37-194). 03. Barb or Partial Drop structure. A barb or partial drop structure shall be constructed in the same manner and of the same material as a drop structure and placed into the stream channel to act as a low level dam and grade control structure. The barb will decrease stream gradient, dissipate stream energy and redirect stream flow. a. Barbs shall be constructed of clean, sound, dense, angular rock fragments, of size and gradation such that the stream is incapable of moving the material during peak flows. b. Barbs shall be constructed with a downstream angle of no less than 100 degrees and no greater than 135 degrees unless otherwise specified. c. Barbs shall "extend" into the channel a distance of not more than 20% of the width of the channel unless otherwise specified by the Director. d. Barbs shall be keyed into the bank a distance equal to or greater than the width of the structure and down to bed level. Whenever moisture is encountered in the construction of the keyways, willow cuttings or clumps shall be placed before and during rock placement in such a manner that the base of the cutting is in permanent moisture and the top extends a minimum of 6 inches above grade (See Figure 11 in Appendix XII or see "Forms, Appendicies, Charts, Graphs, Etc..." Idaho Administrative Bulletin, July 1, 1993, Volume 93-1, Page 37-195). DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT. CORPS OF ENGINEERS LUCKY PEAK PROJECT OFFICE HC.33 BOX 1020 BOISE. IDAHO 83706.9302 REPlY TO ATTENTION OF: December 30, 1996 Operations Division SUBJECT: NPW No. 962102480 ' Mr. Dan Torfin Island Woods Subdivision Homeowners Association P.O. Box 193 Eagle, Idaho 83616 Dear Mr. Torfin: This is in regard to your proposal to discharge gravel and rock fill material into the Boise River at two locations associated with restoring the river bank which was severely eroded by high water the past two years. Reach #1 would be repaired using a combination of gravel base fill, covered with riprap rock. In addition, three rock bank barbs would be constructed to provide additional bank protection. Reach #2 would be reinforced using riprap rock only. Your project is located in Sec. 16, T.4N., R.1E., B.M., near Eagle, Ada County, Idaho, and was the subject of your Joint Application for Permit, Idaho state No. 63-S-1215 dated December 5, 1996. section 404 of the Clean Water Act (33 U.S.C. 1344) requires a Department of the Army permit be issued for the discharge of dredged or fill material into waters of the united States, including wetlands. This includes excavation activities which result in the discharge of dredged material and destroy or degrade waters of the United states. Based on the information provided in your application, your project complies with the terms and conditions of Nationwide Permit 13 (33 CFR 330, Appendix A) and is authorized, subject to the enclosed list of conditions and the following special condition: a. Gravel material used to restore the bank line is to be used only as base fill and must be covered with lava rock or heavy basalt rock. Under no circumstance is gravel material to be used solely as bank protection material. Please carefully review these conditions. If these required conditions cannot be met, the nationwide permit is not valid and an individual permit must be processed and issued prior to the Printed on * Recycled. Pep.... -2- start of construction. If you should change your project from the description provided in your application, the nationwide permit may not be valid and you should contact us prior to the start of construction. This notification is valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked by January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. with regard to your proposal to remove a portion of a downstream gravel bar as base fill material, I have determined that this work will not destroy or degrade waters of the united states. Therefore, a Department of the Army Permit is not required provided the work is accomplished in accordance with the following conditions: a. The gravel bar can be removed down to the existing surface water elevation at time of construction. Under no circumstances is the gravel bar to be removed lower than the existing water surface elevation. b. Transport of gravel from the gravel bar to the work area must be done with bucket type equipment. Under no circumstances can gravel be pushed across the wetted channel. c. Once the gravel removal activity is complete, the disturbed area must be graded flat or sloped towards the river so as not to leave any depressions that could trap fish as the river rises and falls between seasons. This determination is applicable only to Department of the Army permits administered by the Corps of Engineers. It does not relieve you of the responsibility to obtain other Federal, state, and local permits which may be required. Authorization is required from the Idaho Department of Water Resources for your project. You should contact them to obtain any necessary permits prior to the start of construction. -3- . " Your project may also be subject to a local floodplain management ordinance adopted pursuant to the National Flood Insurance Program. I recommend that you contact your city or county zoning office regarding any approvals required under their jurisdiction. Please contact me at 208-343-0671 with regard to any questions you may have in this matter. Sincerely, /J/; é / :" /1 1! - 9~iJfí;; .f7 J, I :4>C~ I;:~ Greifory' J. Mart1nez Regulatory project Manager Enclosure Copy Furnished: Mr. Gene Gibson Idaho Department of Water Resources Western Region 2735 Airport Way Boise, Idaho 83705-5082 NATIONWIDE PERMIT 13 Bank Stabilization Bank stabilization activities necessary for erosion prevention provided: a. No material is placed in excess of the minimum needed for erosion protection; b. length; The bank stabilization activity is less than 500 feet in c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type or is placed in any location or in any manner so as to impair surface water flow into or out of any wetland area; f. No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may used in low energy areas); and g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the district engineer in accordance with the "Notification" general condition and the district engineer determines the activity complies with the other terms and conditions of the nationwide permit and the adverse environmental impacts are minimal both individually and cumulatively. WATER QUALITY CERTIFICATION CONDITIONS 1. To the maximum extent possible, work must be performed at low flows. 2. Riprap material must be clean angular rock, free of fines. Filter fabric is to be placed under the riprap where the surface on which the riprap will be placed is such that it will otherwise leach or erode into the water. The use of other nonvegetative materials, such as tires, wire and steel posts are not authorized. 3. No equipment may be operated in the water. No bank stabilization activities in excess of 500 feet 4. in length or that average more than one cubic yard per running foot are authorized by this permit. 5. vertical retaining walls are not authorized by this NWP within the state of Idaho, unless they are faced with rock riprap. NATIONWIDE PERMIT CONDITIONS General Conditions: The following general conditions must be followed in order for any authorization by a nationwide permit to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and case-by-case conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e» and any case specific conditions added by the Corps. 7. wild and Scenic Rivers. An activity may occur in component of the National wild and Scenic River System; or river officially designated by congress as a "study river" possible inclusion in the system, while the river is in an official study status. Information on wild and Scenic Rivers may be obtained from the National Park Service and the u.S. Forest Service. a in a for 8. 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. 9. Water quality certification. In certain states, an individual state water quality certification must be obtained or waived (see 33 CFR 330.4(c». 10. Coastal zone management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR.4(d». 11. Endangered species. 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, or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the district engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the district engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species and their critical habitat can be obtained from the U.S. Fish and wildlife Service and National Marine Fisheries Service (see 33 CFR 330.4(f». 12. Historic properties. No activity which may affect Historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity as authorized. Information on the location and existence of historic resources can be obtained from the state Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g». section 404 On1v Conditions: If addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: 1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4. 3. suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 4. Mitigation. Discharges of dredged or fill material into waters of the united states must be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a compensation mitigation plan for the specific regulated activity. 5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 7. Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. Further Information: (1) District Engineers have authority to determine if an activity complies with the terms and conditions a Nationwide Permit (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. State of Idaho DEPARTMENT OF WATER RESOURCES Western Region, 2735 Airport Way, Boise, Idaho 83705-5082 - (208) 334-2190 FAX (208) 334-2348 PIIILlP E.IIATI (;IIV.:KNClK KARL J. DREHER DlRECfOR December 23, 1997 . 0' Daniel Torfin Island Woods Homeowners Association PO Box 193 Eagle ID 83616 RE: Request for Extension Application for stream Channel Alteration Permit #63-S-1215 Repair of bank and placement of three bank barbs. Dear Mr. Torfin, You may consider this letter as an extension to the above referenced permit as described in your request dated December 22, . 1997. ALL CONDITIONS OF THE ORIGINAL PERMIT SHALL REMAIN IN EFFECT, WITH THE EXCEPTION OF THE FOLLOWING CHANGE: THIS PERMIT SHALL EXPIRE ON DECEMBER 31, 1998. If you have any questions, please contact me at (208) 334-2266 (ext. 109) or this office. Sincerely, y~~ M. Gene Gibson stream Protection specialist MGG:kg cc: IDOL, IDFG, IDHW-DEQ, Corps of Engineers - Celebraling Our CenLenn;al Year of Se",;ce Lo Idaho lSQ5-1QQ5-