HomeMy WebLinkAboutTraverse Creek_Correspondence Bailey Engineering to Marten Law
April 10, 2023
Via Email: abarker@martenlaw.com
Albert Barker
1010 W. Jefferson Street, Ste. 102
Boise, ID 83702
RE: Response to Letter Received on March 20, 2023 Case No. ANN22-000025, PUD22-
000010, SUB22-000042 Traverse Creek Subdivision
Mr. Barker:
First, thank you for taking time to meet in person on April 5, 2023 to discuss some
of the concerns of this project. I am writing in response to our meeting and the
letter received from you on March 20, 2023 on behalf of the Mason Ditch
Company.
Mason Creek Ditch Company receives water from Mason Creek which runs
through the middle of the subdivision. Mason Creek has several irrigation ditches that
surround and run through property that provide irrigation water for Mason Creek Ditch
Company patrons whose land is located to the west of Midland Road and north of the
Creek. Mason Creek Ditch Company’s review of the Traverse Creek subdivision site plan
indicates that the laterals delivering water to Mason Creek landowners will be affected
by the proposed subdivision plan. These impacts to Mason Creek’s ditches and laterals
and how Traverse Creek plans to deal with these laterals and ditches are not adequately
described in the proposed plan.
The quantity and quality of water being delivered to downstream users will not be
affected. Preliminary irrigation work is shown on the plans and detailed in the preliminary
engineering report. Details such as pipe sizing and hydraulic grade lines will be finalized
with construction drawings for the appropriate phase.
There is a major check on Mason Creek in the vicinity of the proposed
subdivision that is used deliver Mason Creek’s water to property just to the north that is
owned by Mason Creek landowners. Mason Creek is very concerned about increased
public access to that check and the possibility of vandalism and damage as well as
danger to the residents from the flows in the Creek.
The check in the Mason Creek providing water to the Noble will be protected in place
and access will be provided for the ditch users. Developer & landscape architect will
coordinate fencing and gate plan to prevent unwanted access.
Under Idaho Code § 42-1207 “the written permission of the owner of a ditch, canal,
lateral, drain or buried irrigation conduit must first be obtained before it is changed or
placed in buried pope by the landowner.”
Construction drawings will be submitted to the Mason Creek Ditch Company for written
approval alongside other agency submittal. Bailey Engineering will also set up a meeting
with the Mason Creek Ditch Company at that time to ensure all requirements are being
met and deliveries are being correctly maintained.
The City must require the developer to meet with the Mason Creek and to execute an
agreement with Mason Creek adopting conditions that will protect the irrigation ditches,
laterals and delivery structures. These conditions must run with the land and be
enforceable by Mason Creek Ditch Company against the developer and subsequent
landowners.
The developer must grant a written easement to Mason Creek for the course of any ditches
or laterals placed in a pipeline, and the easement must remain free of all structures,
dwellings, trees, fences, and other encroachments. Costs associated with the maintenance
and repair of the pipeline shall be the responsibility of the developer and subsequent
landowners.
Comment noted. A meeting(s) will be set up once construction drawings are completed to
ensure all requirements are being met and deliveries are being correctly maintained.
Additional items discussed during the in-person meeting with Mason Creek Ditch
Company April 5, 2023 not addressed in the above responses:
1) Who owns and maintains the Mason Creek on the property.
We have received confirmation from Bureau of Reclamation that it is their and is
maintained by Pioneer Irrigation District.
2) The Mason Creek Ditch Company inquired about the Noble be piped through the
site.
I have spoken to the developer and the preference be that the Noble remain open
and not piped for maintenance reasons and concerns. Historically, any
improvements made within a drainage districts easement require a one year
developer warranty; after such time operations and maintenance becomes the
responsibly of the irrigation ditch company who owns the facility.
Please feel free to reach out with any additional questions or concerns.
Sincerely,
Katie Miller
Project Manager
208-412-3478
kmiller@baileyengineers.com