Public Notice: Application for Permit

Transcription

1 U.S. Army Corps Of Engineers Walla Walla District 201 North Third Avenue Walla Walla, WA Public Notice: Application for Permit APPLICATION NO.: NWW WATERWAY:, Veteran s Pond, Farmer s Union Canal Return Channel APPLICANT: City of Boise, Parks and Recreation 30-Day Notice DATE ISSUED: January 26, 2018 END DATE: February 26, 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 and in the attached documents: APPLICANT: Ms. Jennifer Tomlinson, City of Boise, Parks and Recreation AGENT: Mr. Greg Allington, McMillen Jacobs Associates U.S. ARMY CORPS OF ENGINEERS PROJECT MANAGER: Mr. Eric M. Gerke, , eric.m.gerke@usace.army.mil PURPOSE: Discharge fill and dredged material into the to construct Phase 2 of the Boise Whitewater Park. WATERWAY:, Veteran s Pond and Farmer s Union Canal Return Channel (old side channel to the ) LOCATION: The proposed project would be located adjacent to the Esther Simplot Park within Section 5, Township 3 North, Range 2 East, near latitude º N and longitude º W, in Ada County, in the City of Boise and City of Garden City, Idaho. DRIVING DIRECTIONS: From W. State Street in Boise, travel south on N. Whitewater Park Boulevard until you reach the Esther Simplot Park main entrance. Follow the roadway over the bridge to the western-most parking lot adjoining the.

2 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. WORK: The proposed project entails the following: discharge of 7,057 cubic yards of fill material into acres of open water discharge of 1,860 cubic yards of fill material into acres of forested wetlands and acres of scrub-shrub wetlands adjacent to the discharge of 36 cubic yards of fill material into acres of open water of Veteran s Pond discharge of 80 cubic yards of fill material into acres of forested wetlands adjacent to Farmer s Union Canal Return Channel (old side channel to the Boise River) In-channel structures include (fill amount listed above): construction of 3 drop structures in the construction of 2 river access ramps on the right descending riverbank construction of 1 access ramp in Veteran s Pond construction of 1 public rock terrace on the right, descending riverbank of the construction of 1 current deflector on the left, descending riverbank of the Boise River, associated with Drop Structure 1 construction of 2, multi-use bridge crossings on the Farmer s Union Canal Return Channel, which are associated with the Greenbelt realignment excavation of an old concrete abutment and the placement of dredged material on the left descending riverbank and channel of the minor re-shaping of the riverbed in select project reaches of the ; and, construction of a new side channel on the right descending riverbank of the Boise River, which will include the creation of 2, forested wetland islands (Refer to Drawing Attachment) The project would also include reshaping the river channel by way of dredging an estimated 2,323 cubic yards of dredged material by employing a combination of fixedblade and bucket-type heavy equipment in the, when the project area is dewatered. An estimated acres of open channel would be impacted by dredging and re-shaping activities

3 TABLE 1: Permanent Wetland (Special Aquatic Site) Impacts from Project Proposal Waterway Work Feature Wetland Type Impact (ac.) Excavation* Fill (c.y.) Fill Type (Reach 1) New Side Channel/Islands Forested ac. 1,064 c.y. 158 c.y. 24-inch dia. Riprap (Reach 2) Remove Old Concrete Abutment Scrub-Shrub ac. 82 c.y. (concrete) 41 c.y. Dredged Material from Boise River (Reach 2) Drop Structure 1 (Farmer s Union Diversion Dam) Forested ac. 194 c.y. 261 c.y. 30-inch dia. Riprap (Reach 2) Drop Structure 2 Forested ac. 350 c.y. 665 c.y. 30-inch dia. Riprap (Reach 2) Boulder Terrace Forested ac. 1,100 c.y. 612 c.y. 60-inch dia. Riprap (410 c.y.) / 27-inch dia. Riprap (202 c.y.) (Reach 2) Drop Structure 3 Forested ac. 115 c.y. 101 c.y. 30-inch dia. Riprap (Reach 3) (Reach 3) Farmer s Union Canal Return Channel (Reach 3) Farmer s Union Canal Return Channel (Reach 3) Access Ramp 1 Forested ac. 23 c.y. 18 c.y. 36-inch dia. Riprap (12 c.y.) / 1.5-inch dia. Crushed Rock (6 c.y.) Access Ramp 3 Forested ac. 67 c.y. 45 c.y. 36-inch riprap (35 c.y.) / 1.5- inch dia. Crushed Rock (10 c.y.) Greenbelt Bridge 1 Forested ac. 16 c.y. 40 c.y. Concrete (20 c.y. ) / 1.50-inch Crushed Rock (8 c.y.) / Native Dirt Fill (12 c.y.) Greenbelt Bridge 2 Forested ac. 17 c.y. 40 c.y. Concrete (20 c.y.) / 1.50-inch dia. Crushed Rock (8 c.y.) / Native Dirt Fill Material (12 c.y.) TOTAL PERMANENT IMPACTS TO WETLANDS (SPECIAL AQUATIC SITES) WITHIN TWO DECIMAL PLACES Forested/ Scrub Shrub Wetlands ac. 3,028 c.y.* 1,981 c.y *Excavation activities will likely be a combination of both fixed-blade and bucket-type equipment. An estimated 2,986 will be hauled to a permitted disposal site along the shoreline of Veteran s Pond. An estimated 41 cubic yards will be permanently discharged below the ordinary high water mark of the and wetlands adjacent to the

4 2: Permanent Open Water Impacts from Project Proposal Waterway Work Feature Area of Impact (ac.) Excavation (c.y.) Dredged Material Fill (c.y.) Fill Types (Reach 1) (Reach 1) Side Channel/Islands ac. 578 c.y. 303 c.y. 24-inch dia. Riprap Flow Deflector ac. 196 c.y. 74 c.y. 30-inch Riprap (Reach 2) Drop Structures 1 & 2 and Armoring ac. 6,342 c.y. 5,473 c.y. Drop 1-Concrete (837 c.y.); 1.5-inch Crushed Rock (268 c.y.); Armoring 60- inch Riprap (2,343 c.y.); Armoring 36- inch Riprap (1,710 c.y.). Drop 2- Riprap 285 c.y.); and 1.5 inch dia. Crushed Rock (30 c.y.) Drop Structure ac. 1,304 c.y. 1,126 c.y. 30-inch Dia. Riprap (733 c.y.) Riprap (356 c.y.) 1.50-inch crushed rock (37 c.y.) (Reach 2) Access Ramp ac. 67 c.y. 45 c.y. 36-inch dia. Riprap (35 c.y.) 1.5-inch dia. Crushed Rock (10 c.y.) (Reach 3) Access Ramp ac. 50 c.y. 36 c.y. 36-inch dia. Riprap (28 c.y.); and 1.5- inch dia. Crushed Rock (8 c.y.) Veteran s Pond Access Ramp ac. 50 c.y. 36 c.y. 36-inch dia. Riprap (28 c.y.); and 1.5- inch dia. Crushed Rock (8 c.y.) (Reaches 1, 2 and 3) Channel Reshaping ac. 2, TOTAL PERMANENT IMPACTS TO OPEN WATER WITHIN TWO DECIMAL PLACES ac. 10,910 c.y.* 7,093 c.y. --- *Excavation activities will likely be a combination of both fixed-blade and bucket-type equipment. An estimated 10,910 will be hauled to a permitted disposal site along the shoreline of Veteran s Pond

5 ADDITIONAL INFORMATION: General Information- The first in-water drop structure would serve to direct allocated irrigation water into the Farmer s Union Canal, create shape waves for kayakers and surfers on the, pass large debris during high flows; pass weak swimming fish, and provide water by way of a control structure and pipe to a natural side channel of the, associated with aquatic habitat restoration. The second and third drop structure would serve as training devices for beginner and intermediate kayakers and/or surfers. The 3 access ramps would provide recreation users ingress and egress into the or Veteran s Pond as well as, provide emergency responder s access to the and Veteran s Pond for public safety. The construction of abutments for two, clear-span bridges is associated with the realignment of the Boise Greenbelt. The Greenbelt realignment is intended to minimize conflicts between waterrelated recreationalists, and pedestrians and bicyclists. Other Proposal Information The Whitewater Park Phase II is a two-year, multi-phased construction project that is dependent on annual river flows. The Applicant has designed into the construction sequencing 2, Portadams which would be installed prior to in-water work commencing in the. This is to allow construction to occur in the dry and minimize sediment transport into the. Portadam 1 would be located about 250 linear feet upstream of proposed Drop Structure 1 (Farmer s Union Diversion) to redirect river flows into the Farmer s Union Canal. River flows would be re-directed back to the by way of the Farmer s Union Return Channel. Portadam 2 would be placed about 75 linear feet downstream of proposed Drop Structure 3. A possible pipe structure could be included to evacuate any groundwater in Portadam 2 within the work zone. In-water work activities are planned to occur during low flow conditions, only. The Applicant also stated that they intend to coordinate fish salvaging operations with the Idaho Department of Fish and Game, during the installation of the Portadams. An estimated acres would be temporarily impacted by the construction of the Portadams. Temporary impacts are not included in mitigation calculations. The Applicant has also prepared an erosion and sediment control plan to minimize erosion and sediment transport during construction in waters of the United States and uplands. (See attached.) An estimated total of 13,896 cubic yards of dredged material, associated with permanent and temporary impacts would be removed from the, Veteran s Pond and Farmer s Union Return Canal. This dredged material would be discharged along the shoreline of Veteran s Pond. The spoil site has been previously authorized by the United States Corps of Engineers Permit Standard Permit NWW , - 5 -

6 issued April 8, 2015 and July 15, 2015 for the construction of the Esther Simplot Park. The spoils site is part of a phased-realignment of the Greenbelt. In addition to in-water work activities, the project includes work in uplands, such as the construction of an overlook plaza; general landscaping, re-alignment of a portion of the Greenbelt, which includes the construction of bridge abutments, associated with a third clear-span bridge. These activities are not regulated under Section 404 of the Clean Water Act. The Applicant has stated that this project is anticipated to create short- and long-term economic opportunities for the community. CONSTRUCTION PERIOD: Applicant proposes to start construction August 1, 2018 and end on May 30, 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. To compensate for acres of wetlands the Applicant proposes to: Compensate for the permanent loss of a total of acres of forested wetlands by purchasing 0.30 acres of forested wetlands credits at the Three Rivers Ranch Mitigation Bank, managed by The Wetlands Group, LLC. Compensate for the loss of a total of acres of scrub shrub wetlands by purchasing acres of scrub shrub wetlands credits at the Three Rivers Ranch Mitigation Bank, managed by The Wetlands Group, LLC. In addition to compensating for wetlands impacts, the Applicant also proposes to compensate for an estimated total of acres of open water impacts, as follows: Incorporate a 600-foot long side channel in Reach 1, which would include two, palustrine forested wetland islands saddling the main channel of the and the right, descending riverbank of the. The new side channel would be excavated in an upland area between the existing Esther Simplot Park parking lot and the. Creation of the 600-foot long side channel alongside the right descending river side of the riverbank would create an - 6 -

7 additional 1.10-acres of open water habitat in the. The Applicant has stated that this channel would direct allocated water into the Farmer s Union Diversion; create a recreational wading area for the general public; and, shunt large woody debris during high flow events into a sluice channel located within Drop Structure 1. The Applicant has also stated that the side channel bottom would include simulated gravel substrate for fish spawning and the new riverbank would include native vegetation plantings. Enhance an existing side channel in Reach 2, by installing a gate structure and pipe west of the proposed fish ladder at Drop Structure 1. The pipe would be routed to discharge at the upstream end of the side channel, maintaining yearround flow to the natural side channel thus, improving aquatic organism habitat. Enhancement activities would improve an estimated acres of open water habitat in the. Contour the river channel bottom an estimated acres (550 linear feet) to remove sediment deposits, as well as remove any rebar, broken concrete, etc. that poses a public safety concern in select areas of Reaches 1, 2 and 3. OTHER ENVIRONMENTAL DOCUMENTS AND DA PERMITS ISSUED TO APPLICANT: Other environmental documents under this proposal: United States Army Corps of Engineers, 404 (b)(1) Alternative Analysis, J.A. and Kathryn Albertson Family Foundation, Boise Whitewater Park, Phase II, prepared by McMillen Jacobs Associates, November 22, (See attachment.) Previous DA permits to City of Boise Parks and Recreation associated within the parcel of land include: Regional General Emergency Permit issued on May 24, 2017 to discharge Supersacks to stabilize an estimated 800 linear feet of the right, descending riverbank alongside of Veteran s Pond in response to a high spring flow event. Regional General Emergency Permit issued on April 13, 2017 to discharge 4 cubic yards of riprap below the ordinary high water mark, associated with constructing an emergency spillway into Veteran s Pond in response to high spring flow event. Standard Permit issued on April 8, 2015 to discharge 71,666 cubic yards of fill material into Quinn s Pond, Pond 1 and Pond 2, Veteran s Pond and adjacent wetlands impacting an estimated total of acres of open water and acres of wetlands to develop the Esther Simplot Park. Permit modified on July 15, 2015 to include additional 27,000 cubic yards of fill into Pond 1 and

8 Nationwide Permit 46: issued on October 29, 2014 to install a 7-foot high by 16- foot wide by 400-foot long concrete box culvert in the Farmer s Union Canal, including water control box and trash rack. Nationwide Permit 42: issued on May 21, 2010 to construct a separated bike/pedestrian pathway and a dedicated kayak user pathway within the Ray Neef, MD Park (part of Esther Simplot Park). Project impacts were estimated at acres of open water and acres of wetlands. Nationwide Permit 13: issued on January 25, 2010 to construct rock/pre-cast concrete revetment the left and right descending riverbank, associated with the construction of a clear-span multi-use bridge over the. WATER QUALITY CERTIFICATION: This notice would 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 would not be issued until water quality certification has been issued or waived by the IDEQ, as appropriate, 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, entities 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 North Orchard Street Boise, Idaho AQUATIC RESOURCE DESCRIPTION: The Lower sub-basin is located in southwest Idaho. The lower itself is a 64-mile stretch that flows in a northwesterly direction through Ada and Canyon Counties and the cities of Boise and Caldwell. It originates at Lucky Peak Dam and flows into the Snake River near Parma. Idaho Department of Lands is the land management agency, which owns the river bottom landward to the state of Idaho definition of ordinary high water mark. The project reach of the river has been severely channelized and impacted by past development activities. Broken concrete and rebar are visibly present in the river channel itself, and along the riverbanks. This is considered a public safety issue

9 Veteran s Pond (formerly Veterans Park West Pond) is a acre water body, which is located between the and Farmer s Union Canal. The pond was created as the result of past gravel mining activities, associated with Consolidated Concrete Company. This land was eventually acquired by the City of Boise. Farmer s Union Canal is a man-made irrigation facility, which is an estimated 24 miles long. It terminates near the community of Star. It was built in the mid-1890s and today, continues to deliver water to shareholders. The return channel associated with the Farmer s Union Canal is a modified natural side channel of the. The irrigation facility is managed and maintained by Farmer s Union Ditch Company Limited. ANTICIPATED IMPACTS ON AQUATIC ENVIRONMENT: The project would impact and estimated permanent impact on acres of open water due to development and mitigation activities an acres of palustrine forested wetlands and acres of scrub-shrub wetlands. Wetland mitigation credits would be purchased at the Three Rivers Ranch Mitigation Bank, managed by The Wetlands Group, LLC. OTHER AUTHORIZATIONS: The proposed project requires a Section 401 Individual Water Quality Certification from the Idaho Department of Environmental Quality; Stream Protection Act Permit from the Idaho Department of Water Resources; Floodplain Permit from the City of Garden City; and a Floodplain Permit from the City of Boise. CULTURAL RESOURCES: Coordination is currently being conducted with the office of the Idaho State Historic Preservation Officer to determine if this activity would 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 and Shoshone Paiute 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 Bannock Tribe and Shoshone-Paiute 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

10 ENDANGERED SPECIES: The project is within the known or historic range of the Western yellow-billed cuckoo (Coccyzus americanus). 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). 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 would 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 would 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 would 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 would 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

11 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 Mr. Eric M. Gerke Boise Regulatory Office 720 Park Boulevard, Suite 245 Boise, Idaho eric.m.gerke@usace.army.mil Comments should be received no later than the comment due date of February 26, 2018, as indicated on this notice, to receive consideration. Kelly J. Urbanek Chief, Regulatory Division Walla Walla District

12 Enclosures: 1) PN_NWW _ WhitewaterParkPhaseII.pdf 2) PN_NWW _ WhitewaterParkPhaseII_Drawings.pdf 3) PN_NWW _ WhitewaterParkPhaseII_ATT01.pdf 4) PN_NWW _ WhitewaterParkPhaseII_ATT02.pdf