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Home My WebLink AboutPublic Agency SUB 156 E 6 Peregrine Estateat PUBLIC AGENCY SUBMITTED BYDATEITEN,I Dunire.4sqd$h -t lur Corrm*5 l)o.t-L Ltf,ra z'6taR Qn-t o7 /22/2009 14:1ft FAN 20845S,1,1S1 PIONEER IRRIGAT]ON + CALDWELL P Z @ oo1o Pioneer Irrigation District o JEFF SCOfi s!perintendenr P.O. Box 426 . CALDWELL, tDAHo 43606(208) 459.36r7 [,AR( ZIRSCHKY Asst, SuperintendEnt NAIDA KELLEHER Secreta ry-?reasu rer July 22, 2009 City of Celdwell Community Development Department Fax;455-3050 Attn: Anne Marie Skinner Re: Case No. SUB-I56E{6 (Peregrine Estates Subdivision) Time Extension TO WHOM IT MAY CONCERN: Please be advised there is a delivery point in place for the property being proposed for development. P,oneer Irrigation District's mein concern is that all water rights within the District be honored, and that access to irrigation weter be provided to every parcel of land. Oelivery poiht for said property is gate 73,75,78 and 7? - Phyllis Canal. All existing easements, right-of-ways, and othel means used to honor the water rights to downstream waterusers must be maintained and allowed to continue to exist. lt is imperative that no one disrupt the delivery of water to a down$tream weter USer. There are to be no Dathwavs within Pioneer lrriqation Dlstrict easements. Any discharge or run-off into a federal drain must meet the approval of Lupe Rodriguez of the Bureau of Reclamation. Pioneer lrrigation District does not assume any responsibility for such an approval, Her telephone number is 383-?221. Upper Embankment Draln - I 10 foot Federal Right of Way, 55 feet from cente.line of drain. There is to be no obstrucbons, fences, buildings, walk paths, etc. within right ofway. Please be advised that re change to or crossing of a District facility can take place unless a License Agreement or Crossing Agreement between the District and the owner/developer of the property has been signed and recorded, Plee$e contact the District's Attorney, Scott L. Campbell, in writing if you need to obtajn such an agreement, His contact information is: Soott L, Campbell, Moffatt Thomas Barrett Rock & Fields, Chtd,, 101 S. Capitol Blvcl., 10h Floor, Boise, ldaho 83702, phone: (208) 345-2000, fax: (208) 385-5384. A License Agreement or Crossing Agreement must be written up and recorded at the expense of the Developer and/or owner. All agreements must be reviewed by and approved by Mr. Campball. The least expensive way to have an agreement drawn up which meets the need of the Diskict is by having Mr Campbell himself draw it up. Otherwise there will be two attorney fees for said developer and/or owner to pay. A deposit of S1000.00 must be .tJr-J- ) I Any lateral, canal, drain or other means used to deliver water, along which there is a right-of-way or easement, musl heve the same kept clear of all obstrudtions at all times. No fences, structures, or other materials are allowed on any of the Districfs easements or right-of-ways AND they must be recorded on the final plat. Storm water discharge will not be accepted into Pioneer lrrigtion District's facilities. The Phyllis Canal has a 20 foot from top of bank prescriptive use easement along.botlr sides of the canat. 07 /22/2009 14:41 FAX 208,1591491 PIONEER IRRIG.{TIO\ lf you have anY questlons or comments, please do not hesitate to call Mark F. Zi oo oaid to Mofiatt, Thomas to cover the attomey fees before the work can begin' Any unexpended portion of the ffi#;i]1 #r"fr"o"J 'i,i".""i irrigrtion District witt recommend disapprovat of the final plat approval' until the aoreement has been e1ecuted and ieCorded. lf construction begins witnoUt the required agreemenl' Pioneer rriis.ti"" District will pursue judicial relief to stop the construction' ptans must be received by pioneer lrrigation Distrlct by -December 15n, 2009. All construction which mav imoact Distrtct facitities ,rr=;;;;;Et"a prioito tnd Mirch rs'h, 2o1o deadline' The Gonstruction time- frame which ptoneer trrigation-Oiit ilt allor,vs ls tlor"rnili'f ti oi lttt "t"'"nt year to March 15th of the following Year. Tenpercent(1oyo)ofthePlDproieclcosts,asdeterminedbyPioneerlrigationDistricl'Sengineer,shallbe lio.i""n.j',Jiiii,i,in"*i i" tn" ior"fr;i;;hl;|.b ;""i, puvuut" to Pioneer lrrisation Distnct' at the time of execution of the agreement by ;#'d;6;;,/L*O O*iAt. -pi"netr shall refunl thls deposit if the construotion is :;;i;:il;ffiriiifr, "*i tii'""""ra;a-n[" *itt' tt'" rerms of th€ asreement, otheruise the deposit shall b€ forfeited to Pioneer lnigation District. lf constructon iS not completed by March 1sth in a manner which allows for adequate delivery of water' Pioneer will intervene and perform whatever-*ior[ i, necessary to attow aiequate dellvery of water to patrons This work will be performed at the convenrenc" u"iti""r.i.n of Pioneer tnigatLil Oistrict The Developer/Land Owner shell pay the costs of this remedial work. Any proposed development which will have downstream waterusers using gravity flow irrigation must develop their irrioation svstem in a manner *t irn *in insure the downstreim wate'"6tJ tne ability to acquire at least as much lffiiill ;:i:?i;ifiil iio* *i;iil "" *har they receivedprior ro any devetopmenr or construction takins prace' The gravity flow irrigation s,stem"mrtst be totally separate from the proptseo pressuri2ed irrigation system within a subdivision. ptease be advised, the develcper shall submit detailed.drawings of any proposeg 1"l-9".-tl""t of Pioneer lrrigation District s facitities, prior to ;;i*i;;;-Pl.t a-pfroval- n"V"saio ietoiatibns are subject to approval from the I,ip"iini*no"nt "noior the Board of Direttors of Pioneer lrrigation District Anv construction that impacls waters of rhe united states may require obtajnmg a 404 permit from the cofp of 'eli6i^""it.- oil,g lvtartinlz ottne dorp of Engineers can be contacted ar 345'2154 ' Prior to finalization of any Agreements with Pioneer lnigation District, Pioneer lrrigation Distrid must receive a copy of a 404 permrt that nas oeen piopeiiy executeU. ft_it isietermineJ Uy the Corp of Engineers that a 4M permit is not required, Pioneer trrigatiorib-iitiiil ,r"t O" notified in writini'Ov ifit Co'-p of fngin6ers that said 404 permit is not required. NOTE: ThlS letter does not authorize any construction to commence until all the necessary agreements *iti -pl""iii r"G"tion oi"tri"t ttave been executed and recorded' -r CALDwELL P Z @oo2 Assistanl SuPerintendent O Case No. SUB- 156E-06 Peregrine Estates time extension 04/29/2009 Anne Marie, the CFD has no concerns regarding this time extension. Thank you, Dennis. o /