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DEQ seeks comment on draft 401 water quality certification for Emery Sky Subdivision

Accepting comments from December 1, 2025, through December 22, 2025

The Idaho Department of Environmental Quality (DEQ) is seeking comment on a draft 401 water quality certification for the Emery Sky Subdivision.

The Emery Sky Subdivision project proposes construction of a residential development that will modify portions of existing irrigation features on site in Caldwell, Idaho. The application includes piping and filling 0.25 acres of wetland, including .05 acres of palustrine emergent wetland. The project also proposes piping approximately 0.02 acres of an unnamed ditch and filling several non-jurisdictional onsite ditches totaling about 0.18 acres.

Based upon review of the federal joint permit application, readily available water quality related materials, and certification request in accordance with 40 CFR §§ 121.5 (b) and (c) and 121.7 (c), DEQ, certifies that if the permittee complies with the terms and conditions imposed by the federal permit and the conditions set forth in this water quality certification, then it is reasonable for DEQ to conclude that the activity will comply with water quality requirements, including applicable requirements of the Clean Water Act §§ 301, 302, 303, 306, and 307, Idaho’s “Water Quality Standards” (IDAPA 58.01.02), and other appropriate water quality requirements of state law.

The draft certification is available for public review at DEQ’s State Office (1410 N. Hilton St. Boise, Idaho 83706), DEQ’s Boise Regional Office (1445 N. Orchard St. Boise, Idaho 83706), and on DEQ’s website. Written comments will be accepted through December 22, 2025, at 5 p.m. Mountain Time. Submit comments electronically using the form below or by mail or email to:  

Meghan Cline 
1445 N. Orchard St.
Boise, ID 83706
Meghan.Cline@deq.idaho.gov

Related Documents
Draft Certification

Accessibility Services:The Idaho Department of Environmental Quality will provide reasonable language access services and/or disability services for documents at no charge. To request an accommodation under Title VI of the Civil Rights Act of 1964 or Americans with Disabilities Act, contact DEQ’s nondiscrimination coordinator at (208) 373-0271 or accessibility@deq.idaho.gov. Para obtener información en español, visite https://www.deq.idaho.gov/about-us/accessibility/.

Public Comment Form

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