HomeMy WebLinkAboutSCA PERMIT - 20-00926 - Barney Dairy Lift Station and Sewer Line Flood Plain State of Idaho
DEPARTMENT OF WATER RESOURCES
322 E Front Street, Suite 648 • PO Box 83720 • Boise ID 83720-0098
Phone: (208) 287-4800 • Fax: (208) 287-6700
Website: idwr.idaho.gov • Email: idwrinfo@idwr.idaho.gov
BRAD LITTLE GARY SPACKMAN
Governor Director
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July 21, 2021
Keith Davidson
City of Rexburg
35 N. 1st E.
Rexburg, ID 83440
RE: Joint Application for Permit No. S22-20295
South Fork of the Teton River – Pipe Crossing
Dear Mr. Davidson:
The Idaho Department of Water Resources (IDWR) has reviewed your above referenced
application for a permit to alter the South Fork of the Teton River. IDWR has prepared a decision as
provided for in Section 42-3805, Idaho Code. The conditions set forth in this permit are intended to
prevent degradation of water quality, protect fish and wildlife habitat, and protect the long-term
stability of the stream channel. If you cannot meet the conditions set forth in the permit, please
contact this office for further consideration.
Your project has been determined to meet the Stream Channel Alteration Rules, IDAPA
37.03.07 Minimum Standards (Rule 55). You may consider this letter a permit to construct your
project according to your amended application, received March 31, 2021, including diagrams. The
project location is within Section 20, Township 06 North, Range 40 East, Boise Meridian, Madison
County, Idaho.
Project activities include the installation of a 21-inch diameter pipe under the South Fork of
the Teton River. Approximately 120-cubic yards streambed and bank material will be excavated in
preparation for the pipe. Once the pipe has been placed approximately 120-cubic yards of native
material will be discharged into the creek to backfill over the pipe. The discharged material will be
compacted and graded to match existing upstream and downstream extents and the project area will
be replanted to match preexisting vegetation.
Failure to adhere to the conditions as set forth herein can result in legal action as provided
for in Section 42-3809, Idaho Code. This project is subject to the following Minimum Standards,
Special and General Conditions.
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MINIMUM STANDARDS:
These standards are established in the Administrative Rules of the Idaho Water Resources
Board; Stream Channel Alteration Rules, IDAPA 37.03.07 dated July 1, 1993, and are enclosed
with this permit.
Rule 56 – Construction Procedures
Rule 63 – Pipe Crossing
SPECIAL CONDITIONS:
[1] All construction shall be completed in accordance with the descriptions and methods on
the attached application and diagrams. This office must approve any changes prior to
construction.
[2] All construction activities shall take place during low flow and in the dry to minimize
turbidity, protect water quality, and comply with Idaho water quality standards.
[3] Silt fencing or other erosion/sediment control measures shall be installed between any area
of earth disturbance and the water. Erosion and sediment control measures must be installed
during construction, according to the manufacturer’s specifications, and must be maintained
until construction is completed and the disturbed ground is revegetated and stable.
[4] All temporary structures, excess excavated material, and vegetative or construction debris
shall be disposed of out of the stream channel where it cannot reenter the channel. All
construction debris shall be removed from the site and disposed of properly.
[5] All fuel, oil, and other hazardous materials shall be stored and equipment refueled away
from the stream channel to ensure that a spill will not enter the waterway. Equipment must be
free of fuel and lubricant leaks.
[6] Permittee is responsible for all work done by any contractor or sub-contractor and shall
ensure any contractor who performs the work is informed of and follows all the terms and
conditions of this authorization.
[7] This permit shall expire December 31, 2022.
GENERAL CONDITIONS:
1. This permit does not constitute any of the following:
a. An easement or right-of-way to trespass or work upon property belonging to others.
b. Other approval that may be required by Local, State or Federal Government, unless
specifically stated in the special conditions above.
c. Responsibility of IDWR for damage to any properties due to work done.
d. Compliance with the Federal Flood Insurance Program, FEMA regulations, or approval of
the local Planning and Zoning authority.
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2. In accordance with Sections 55-2201 - 55-2210, Idaho Code, the applicant and/or
contractors must contact Digline statewide phone number 1-800-342-1585 (Boise area 208-
342-1585) not less than three working days prior to the start of any excavation for this
project.
3. The permit holder or operator must have a copy of this permit at the alteration site, available
for inspection at all times.
4. IDWR may cancel this permit at any time that it determines such action is necessary to
minimize adverse impact on the stream channel.
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 15 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 15 days, the decision will be final under the provisions of
IDAPA 37.03.07 (Rule 70).
Please contact Cass Jones 208-287-4897 or cass.jones@idwr.idaho.gov if you have any
questions regarding this matter.
Sincerely,
Cass Jones
Stream Channel Protection
Idaho Department of Water Resources
cc: Bradley Peterson, Madison County
Matthew Schenk, Idaho Department of Environmental Quality, Idaho Falls
Becky Johnson, Idaho Department of Fish and Game, Pocatello
Pat Brown, Idaho Department of Lands, Idaho Falls
US Army Corps of Engineers, Idaho Falls
Aaron Golart, Idaho Department of Water Resources, Boise
IDAHO ADMINISTRATIVE CODE IDAPA 37.03.07
Department of Water Resources Stream Channel Alteration Rules
Section 056 Page 1
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. (7-1-93)
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 (1) 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
installations 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.
(7-1-93)
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.
(7-1-93)
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. (7-1-93)
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. (7-1-93)
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 (7-1-93)
07. Fill Material. All fill material shall be placed and compacted in horizontal lifts except as
provided for in Rule Subsection 060.05 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. (7-1-93)
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. (7-1-93)
IDAHO ADMINISTRATIVE CODE IDAPA 37.03.07
Department of Water Resources Stream Channel Alteration Rules
Section 63 page 1
063. PIPE CROSSINGS (RULE 63).
01. Standards for Pipe Crossings. The following standards apply to pipe crossings to be
installed below the bed of a stream or river such as utility crossings of a gas line, sewer line, electrical
line, communication line, water line or similar line. (7-1-93)
02. Depth of Line. The line shall be installed below the streambed to a depth which will
prevent erosion and exposure of the line to free flowing water. In areas of high stream velocity where
scouring may occur, the pipe shall be encased in concrete or covered with rock riprap to prevent the
pipeline from becoming exposed. (7-1-93)
03. Pipe Joints. The joints shall be welded, glued, cemented or fastened together in a manner
to provide a water tight connection. (7-1-93)
04. Construction Methods. Construction methods shall provide for eliminating or
minimizing discharges of turbidity, sediment, organic matter or toxic chemicals. A settling basin or
cofferdam may be required for this purpose. (7-1-93)
05. Cofferdam. If a cofferdam is used, it shall be completely removed from the stream
channel upon completion of the project. (7-1-93)
06. Revegetation of Disturbed Areas. Areas disturbed as a result of the alteration shall be
revegetated with plants and grasses native to these areas. (7-1-93)