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HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - A1. Norton East Ranch Phase 4 Major Sub Prelim PlatPage 1 of 23 17490, City Commission Staff Report for the Norton Ranch Ph. 4 Subdivision Public Hearing Date: Planning Board, June 19, 2018 at 7:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, July 16, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Plat application for a proposed 93 acres to create 23 lots as 9 attached residential single household lots, 4 residential multi-household lots, 5 residential-office lots, 2 open space lots, 1 city park, 2 restricted development lots, and the associated street right-of-way. Project Location: The subject parcel is located south and west of the intersection of Fallon Street and Water Lily Drive and legally described as South 1/2, Section 9, Township 2 S., Range 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code requirements Commission Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 17490 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: June 27, 2018 Staff Contact: Danielle Garber, Assistant Planner Shawn Kohtz, Interim Public Works Director Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues 1) None Project Summary The applicant, Norton Properties LLC is proposing to subdivide 93 acres to create 23 lots: 9 attached residential single household lots, 4 residential multi-household lots, 5 residential-office lots, 2 open space lots, 1 city park, 2 restricted development lots, and the associated street right- of-way. The buildable portion of the subdivision is 23 acres. A large central park and neighborhood center were constructed with phases 1 through 3. For phase 4, a pocket park is proposed in Block 15 that will border Fallon Street & Water Lily Drive and includes a type II 267 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 2 of 23 gravel fines trail that will continue south to Huffine Lane along the wetland boundary for the watercourse to the east. This phase of the subdivision is exempt from the affordable housing requirements since only 9 single-household residential lots are proposed. Affordable housing is required for subdivision with ten or more single household detached or townhome lots. The subdivision provides a mix of lot types to support a variety of housing alternatives within the subdivision with the R-4 zoned multi-household lots in Block 11, and the R-O zoned lots in Blocks 13 and 14. The City of Bozeman Department of Community Development received a preliminary plat application on October 10, 2017, requesting a major subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on March 2, 2018 and May 02, 2018. The application was deemed adequate on May 30, 2018 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by July 30, 2018. The City Commission is scheduled to review the preliminary plat and make a decision at their July 16, 2018 public hearing. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 268 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 3 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 13 SECTION 5 - STAFF ANALYSIS AND FINDINGS ................................................................. 13 Applicable Subdivision Review Criteria, Section 38.240.130, BMC............................... 14 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15 Preliminary Plat Supplements ........................................................................................... 18 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 21 APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................ 22 APPENDIX C - OWNER INFORMATION ................................................................................ 22 FISCAL EFFECTS ....................................................................................................................... 23 ATTACHMENTS ......................................................................................................................... 23 269 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 4 of 23 SECTION 1 - MAP SERIES 270 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 5 of 23 271 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 6 of 23 272 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 7 of 23 Preliminary Plat Page 1 – Includes 2 Restricted Lots: R2A and R4 (93 acres) Preliminary Plat Page 2 – Buildable Lots in Blocks 11-15 (23 acres) 273 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 8 of 23 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 5. Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 274 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 9 of 23 6. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 7. Documentation of compliance with the parkland dedication requirements of Section 38.420.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Any cost sharing agreements for maintenance shall be included with the final plat. 8. Any public access easement for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. 9. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of all common open space areas, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space are for the use and enjoyment by residents of the development. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat the subdivider shall transfer ownership of all common open space areas to the property owners’ association created by the subdivider to maintain all common open space areas within the Subdivision.” 10. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 11. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. 275 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 10 of 23 12. The property owners’ association documents created for this subdivision must include provisions describing the agreed upon method of contribution to the Norton Ranch Property Owners’ Association and binding property owners of future phases to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Norton Ranch Property Owners Association. The provisions in the property owners’ association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section 38.220.320.A.4, BMC. The City may release the Norton Ranch Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion. 13. The open space landscaping and sidewalks proposed through Blocks 12 and 13 must be installed or financially guaranteed prior to final plat approval. The pedestrian walk proposed through Block 11 must be installed or financially guaranteed prior to final plat approval. 14. The applicant must expand and obtain City Engineering Division approval for the drain tile maintenance plan to include long-term maintenance instructions to the property owners’ association and include the maintenance plan in the homeowner’s association documents prior to final plat approval. 15. The applicant must add a note to the conditions of approval sheet of the plat that the drain tile is owned and maintained by the property owners’ association. 16. No basements or crawl spaces may be constructed within the subdivision. An advisory note to this effect shall be added to the conditions of approval sheet. 17. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the infrastructure improvements per BMC Section 38.39.030.B. 18. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 19. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to W. Babcock Street including paving, curb/gutter, sidewalk, and storm drainage 276 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 11 of 23 b. Street improvements to S. Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to S. Laurel Parkway and W. Babcock Street d. Intersection improvements to S. Laurel Parkway and Huffine Lane e. Intersection improvements to Cottonwood Road and Huffine Lane f. Intersection improvements to Cottonwood Road and W. Babcock Street The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. 1. The final plat must contain updated references to the newest version of the Unified Development Code, Chapter 38 of the Bozeman Municipal Code, effective March 31, 2018. 2. Section 38.240.450 requires a certificate of completion of improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 3. Section 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. These will include landscaping and sidewalks in common open space D3, common open space G1, and the 5-foot standard pedestrian walkway through Block 11. 4. Section 38.240.530 requires a certificate of completion of water-related improvements. Add this certificate to the final plat sheet, specifically list all installed improvements, and financially guaranteed improvements including any irrigation wells located within the exterior boundaries of the development. Final plat submittal must include Montana DNRC certificates. Ownership of any well and associated water right within common open space owned by the property owners’ association shall be transferred to the property owners association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 5. Section 38.410.040 requires any block length exceeding 600-feet to intersect a street or pedestrian walk. Block 13 is proposed at a length of 624.89-feet, plus a 30-foot open space parcel, without an intersecting street or pedestrian walk. A 5-foot concrete sidewalk must be added to the proposed common open space D3. 277 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 12 of 23 6. 38.410.100 requires watercourse setbacks to be divided into 2 zones. Show zones 1 and 2 on the Block 15 park master plan and demonstrate code compliance with the landscaping, fixture, and trail restrictions for each zone. 7. Section 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips and adjacent to public parks or other open space areas is required prior to the final plat application of that phase. 8. Section 38.410.080.A states: The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site-specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. a. The applicant must provide groundwater-monitoring data for the seasonal high groundwater level with the infrastructure plans and specifications submittal and prior to final plat approval. The groundwater data must be used to adjust and verify that the capacity of the proposed stormwater system will be as proposed in the design. b. The maximum allowed stormwater pond depth is 2.5-feet per the City of Bozeman Design Standards and Specifications Policy (DSSP) II.C.2. The existing pond depth is greater than 2.5-feet. As this is an existing condition with storm sewer to the existing pond, and that pond is proposed to be expanded to accommodate Phase 4, the applicant must install a fence around the pond(s) that exceed the maximum allowable depth requirement (DSSP II.C.2). c. Stormwater basin slopes may not be steeper than 4:1 (DSSP II.C.4). 9. Section 38.410.060.A states: Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. a. The applicant must provide documentation of the proposed 10-foot utility easements prior to final plat approval. The 10-foot utility easements must be executed on City standard form, and the applicant must file the executed document with the County Clerk and Recorder. The applicant must provide a copy of the executed and filed easements to the City. b. The applicant must provide a draintile maintenance easement for access across lot lines executed and filed with the County Clerk and Recorder prior to final plat approval. The draintile easement may not overlap the utility easement. c. The applicant must provide the original, executed public access easements prior to final plat approval. The public access easements must be executed on City standard form and delivered to the City Engineering Department. 278 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 13 of 23 d. The applicant must provide temporary street easements for the proposed cul-de- sacs executed on City Standard form prior to final plat approval. 10. 38.400.010.A states: All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. a. The applicant must construct the proposed temporary cul-de-sacs or hammer- head turn-around per City Fire Department requirements and City Design Standards and Specifications Policy requirements. The temporary cul-de-sacs must be paved. b. Where Laurel Parkway will be constructed, it must be constructed to the full section defined in the City Transportation Master Plan prior to final plat approval. 11. Section 38.410.130 states: the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. The applicant must contact the City Engineering Department for an analysis of CIL of water rights and pay any CIL of water rights due prior to final plat approval. 12. Section 38.420.090 states: when required, the developer must sign, and file at the county clerk and recorder’s office, a waiver of right to protest the creation of a park maintenance district. The waiver must be filed with the final subdivision plat, or recorded at the time of other final approval. This waiver is required. SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and recommended approval with conditions on May 30, 2018. The Planning Board conducted a public hearing on June 19, 2018 to review the preliminary plat. At the Planning Board hearing, the Board deliberated on code requirements involving affordable housing. The Planning Board requested that more clarification on these requirements be discussed after the meeting with the Affordable Housing Coordinator. Video of the Planning Board meeting can be found here. The public hearing date for the City Commission is July 16, 2018. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during 279 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 14 of 23 the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition of Approval No. 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 2 and 3 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The City of Bozeman Department of Community Development received a preliminary plat application on October 10, 2017, requesting a major subdivision. The project was deemed inadequate for review and review halted until revised materials were provided. Revised materials were submitted on March 2, 2018 and May 02, 2018. The application was deemed adequate on May 30, 2018. Public hearings were scheduled on April 1, 2018. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.240.130.A.5.a(4), BMC, the City Commission shall approve, conditionally approve or deny the subdivision application by July 30, 2018, unless there is a written extension from the developer, not to exceed one year. 280 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 15 of 23 Public notice for this application was given as described in Appendix C. On June 27 2018, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the City Commission. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 2 and 3. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All city utilities will be located within dedicated street right of ways. Conditions 2, 3, and 6 require performance of these obligations, as does code requirement 9. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to proposed public streets required to be constructed to City standards per 38.400 and associated design standards. In addition, pursuant to Section 38.400.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential and business park mixed use area according to the City of Bozeman Community Plan. The area is zoned for residential and business park development and has been annexed but is vacant. The buildable portion of the proposed subdivision is entirely residential. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities exist on the property. The area is zoned for residential and commercial development, and has begun to develop in all directions despite the adjacent County properties immediately to the south and west. 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site. Adequate sewer and water capacity exists to serve the development. Internal water and sewer mains will be installed 281 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 16 of 23 prior to final plat approval. Water for irrigation of open spaces is required and proposed to be provided by a well. The applicant must provide transfer of ownership to the Property Owners’ Association (POA )so that the POA can legally have the water resources necessary to maintain the open space. Irrigation facilities to support the proposed parks must be transferred to the City. Code Requirement 4 requires DNRC certificates be included with the final plat submittal. Condition 8 and 17 and Code requirement 9 outline the required completion of easements and physical installation of water and sewer mains. Cash in lieu of water rights is required to provide long term water to the project. Code provision 11 applies to this issue. Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat layout extends Fallon Street, Laurel Parkway, and Pond Lily and Water Lily Drives to provide north to south and east to west connectivity. A recorded easement for Laurel Parkway through lot R4 shows eventual connectivity to Huffine Lane. The project is well connected and meets block length requirements with the proposed streets and pedestrian mid block crossings. Laurel Parkway, Pond Lily and Water Lily must be constructed with temporary cul-de-sacs or hammer-head turn-arounds per City Fire Department requirements as detailed in code requirement 10. Code requirement 9 requires provision of the necessary easements prior to approval of plans and specifications and any commencement of construction. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Condition 11 ensures that the SILD will be formed and effective before final plat. The requirement for a single SILD will simplify long term maintenance of the street lights and provide a cost that is more equitably shared. Maintenance and use of public streets is subject to the terms of the municipal code. The certificate of dedication for the final plat must specify responsibilities for maintenance of all streets, parks and open spaces. Code provisions apply to this issue. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the property owners’ association. This responsibility is addressed in the covenants proposed with the subdivision. The applicant is proposing an expansion to the stormwater ponds located in the central park to the north of Phase 4. Code requirement 8 addresses this expansion and the installation of drainage facilities in accordance with state DEQ and City standards. 282 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 17 of 23 Parklands - The proposal meets the required park dedication and improvement standards. The Recreation and Parks Advisory Board recommends approval of the park master plan and the location and scope of improvements with discussion comments related to the amount of wetlands being dedicated as parkland and the balance of passive park with active space. Comments from the Parks Department and Subdivision Review Committee for the RPAB are attached to this report. A final park plan will be completed and approved with the initial final plat. The proposed park plan is a combination of existing credits from phases 1-3, dedication in Block 15 with associated improvements, and cash-in-lieu for Block 11. Plans and specification review by the Parks Department will occur before installation of any work. Preliminary Plat supplement F contains the park plan and narrative. Sheet 3 of the preliminary plat contains the calculations. The proposed park in Block 15 contains 0.82 acres of dedicated parkland with a park design showing irrigated turf, a class II trail, wetlands, and watercourse setbacks. Code requirement 6 addresses the watercourse setbacks and requires a more thorough analysis of the landscaping, fixture, and trail restrictions for each watercourse setback zone. Additional park mitigation will be required as the multi-household parcels are developed. When this occurs, the Subdivision Review Committee encourages the developer to work with existing land and future residents of the park to determine what improvements and amenities should be installed. 4) The effect on the Natural environment Wetlands exist along the property boundary to the east, which are related to the adjacent creek. The watercourse setback for this wetland is contained entirely in the Block 15 park. The park plan proposes naturalization of this wetland within the park. Previous phases of Norton have obtained 404 permits for mitigation of the wetland to the east for infrastructure improvements, such as the extension of Fallon Street. No wetland disturbances are proposed in phase 4. Aajker Creek flows to the west of the development. The creek flows north from Farmers Canal and discharges to the Gallatin River. Due to the high groundwater table, the applicants have received permission to discharge excess groundwater into Aajker Creek via a drain tile system. A 404 Permit has been obtained from the US Army Corps of Engineers, a 310 Permit from Gallatin Conservation District, and an easement is in place for the discharge. The discharge is thought to be beneficial, as it will restore historic water levels in the creek. The City encourages use of wells or surface water rights to irrigate parks rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in order for the City to rely on these sources to meet the code requirement there must be the rights to the water. Code requirement 4 requires that necessary ownership and rights be transferred to the POA or City as appropriate. The site is in an area of high groundwater, which may negatively impact future homes or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 16 prohibits use of basements and crawlspaces. This requirement will protect both individual 283 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 18 of 23 home owners from future hazards of flooding and lessen burden on the public from illicit discharges. 5) The effect on Wildlife and wildlife habitat Comment from state FWP found no immediate negative effects. This comment is located in appendix C of the application. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Conditions deemed necessary to ensure compliance are noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on June 28, 2017. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. 38.220.060.A.1 Surface Water Surface waters on the property include a historic straightened channel (W-1) located on the east boundary of Phase 4. The wetland fringe for channel W-1 is located entirely within the Block 15 park for this phase. No impacts to surface waters are identified. 38.220.060.A.2 Floodplains Material Waived. There are no designated floodplains on or immediately adjacent to the site. No impacts to flood plains are identified. 38.220.060.A.3 Groundwater The groundwater monitoring well report is included at the end of the stormwater design report in Appendix B of the application submittal. Groundwater levels in the monitor wells were reported for 2/14/18, 3/13/18 and 4/13/18 and groundwater depths ranged from 3-6 feet. Code requirement 8 requires the applicant to provide further groundwater-monitoring data for the seasonal high groundwater level with the infrastructure plans and specifications submittal and prior to final plat approval. 284 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 19 of 23 The geotechnical investigation conducted in January 2018 is included in Appendix C. Groundwater was encountered in all test pit excavations. Condition 16 restricts basements and crawl spaces for this reason. Plat note 8 restricts crawl spaces and basements and prohibits discharging from sump pumps into the sanitary sewer, storm sewer or onto streets and gutters. A drain tile analysis is provided in Appendix G. This analysis was conducted in October 2016 to discuss a historic drain tile system that was partially truncated during infrastructure development that occurred in 2013. A replacement drain tile system was installed late 2016, early 2017 to restore the groundwater balance. The associated agency approvals for this system are located in appendix G. An easement has been granted to Norton Properties, LLC that allows a perpetual drainage pipeline to deliver discharge from the drain tile system to Aajker Creek located to the west of the proposed development. A waters of the US delineation report for Aajker creek is included in appendix G. Condition 15 and code requirement 9 address the drain tile system. Impacts to groundwater are mitigated by conditions of approval and code requirements. 38.220.060.A.4 Geology, Soils and Slopes No unusual geological features are present. The geotechnical investigation conducted in January 2018 is included with this application. The soil was deemed acceptable to carry the burden of infrastructure with foundation recommendations and bearing capacity detailed in the report. The three soil horizons primarily found in the test pits were organic soil, high plasticity clay, and poorly graded gravel with sand and cobles. 38.220.060.A.5 Vegetation The site has a history of agriculture with few native plants present except possibly in wetland fringe areas. Wetland mitigation located north of Phase 4 was conducted in 2007; this area of mitigation will not be impacted by the development of Phase 4. A watercourse setback bordering W-1 on the east side of the development in the Block 15 park will be revegetated with native grasses and shrubs as the proposed beginning of a trail corridor that will be continued south to Huffine Lane. 38.220.060.A.6 Wildlife Material waived. No critical wildlife species or habitat are known to be found on the property. 38.220.060.A.7 Historical Features Material waived. No notable features are on the site. 38.220.060.A.8 Agriculture Material waived. See discussion above under primary review criteria. 285 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 20 of 23 38.220.060.A.9 Agricultural Water User Facilities Material waived. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer New infrastructure will be installed on site to serve the development. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Cash in lieu of water rights is required to provide long term water to the project. Code provision 11 applies to this issue. 38.220.060.A.11 Stormwater Management See discussion above under primary review criteria. Permits from the state for stormwater control will be required prior to any onsite construction. 38.220.060.A.12 Streets, Roads and Alleys See discussion above under primary review criteria. 38.220.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities Required materials are provided. Adequate capacity is available. 38.220.060.A.15 Land Use The use proposed is exclusively residential for the buildable portion of phase 4, which conforms to the future land use designation and zoning purposes. The restricted lots labelled R2A and R4 contain a B-P (business park) district with a future land use designation of Business Park Mixed Use, as well as R-O (residential office) and R-3 (residential medium density) districts with a future land use designation of residential. The R2A and R4 restricted lots are subject to further subdivision review prior to development. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan The Norton neighborhood center has already been installed and is located on the southeast corner of Babcock and Laurel Parkway approximately ½ mile away from phase 4 in the subdivision’s central park. 286 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 21 of 23 38.220.060.A.18 Lighting Plan All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. 38.220.060.A.19 Miscellaneous Material waived. No additional impacts or hazards anticipated. 38.220060.A.20 Affordable Housing No affordable housing is required due to the creation of 9 single-household lots which are below the 10-unit exemption threshold. The multi-household and RO lots are subject to site development and will most likely be rentals or condominiums that are also exempt from the ordinance. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-3 (Residential Medium Density District), R-4 (Residential High Density District), R-O (Residential Office District), and BP (Business Park District). The Buildable portion of the subdivision, subject to immediate development, is located in the R-4 and R-O districts. The intent of the R-4 residential high- density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. Use of this zone is appropriate for areas characterized by office or multi-household development; and/or areas along arterial corridors or transitional areas between residential neighborhoods and commercial areas. 287 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 22 of 23 Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.220, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the notice contained all elements required by Article 38.220, BMC. No public comment has been received. APPENDIX C - OWNER INFORMATION Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701-5877 Applicant: Same as owner 288 17490, City Commission Staff Report – Norton Ranch Phase 4 Subdivision Page 23 of 23 Representative: C&H Engineering & Surveying (Matt Hausauer) 1091 Stoneridge Drive, Bozeman, MT 59718 FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Park and Recreation Comments Application materials – Available through the Laserfiche archive linked agenda materials. • 01…Form A1 • 02…Preliminary Plat Required Materials • 03…Wetland Review Checklists • 04…N1 Noticing Materials • 05…Adjoiners Table • 06…Pre-app review comments response • 07…Preliminary Plat Sheets 1-3 • 08…Preliminary Plat Supplements • 09…App B Groundwater Monitoring Data • 10…App C Geotechnical Investigation • 11…Service Provision Letters • 12…App D Wetland Report Wetland 1 • 13…App F Master Park Plan • 14…App F Master Park Plan Narrative • 15…Wetland Delineation Aajker Creek • 16…Drain Tile Analysis • 17…Drain Tile Maintenance Plan 289 A1 Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: 290 Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. 291 292 PP Preliminary Plat Required Materials PP Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISION PRELIMINARY PLAT REQUIRED MATERIALS APPLICATION SETS 3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets Complete and signed development review application form A1. Plan sets that include all required items listed on the subdivision preliminary plat checklist form PP1. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 1 set that include 11 x 17 inch plans 2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be provided at 5MB or less in size. Files shall be named according to naming protocol. Notes: All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3 -ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS Completed and signed property adjoiners certificate form N1 and materials. STATISTICS 1. Subdivision Type: First Minor Subdivision from a Tract of Record First Minor Subdivision from a Tract of Record with variance Second or Subsequent Minor Subdivision from a Tract of Record First Major Subdivision 2. Total Number or Lots: 3. Lots by Proposed Uses: Residential, single household City Park Residential, multi household Manufactured Home Space Planned Unit Development Recreational Vehicle Space Condominium Unit Commercial Townhouse Industrial Common Open Space Restricted Development Other: 293 Preliminary Plat Required Materials PP Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms: APPLICATION FEE Base fee $1,831 Minor or $ 2,914 Major Plus $74 per lot Plus $6.50 noticing fee per each physically contiguous (touching) property owner CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 294 PP1 Preliminary Plat Checklist PP1 Page 1 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: SUBDIVISON PRELIMINARY PLAT CHECKLIST GENERAL INFORMATION The preliminary plat submittal must include the following information. Please refer to Section 38.41.040, BMC for the specific requirements for each item. 1. All information required with the pre-application plan, as outlined in Section 38.41.030 (Subdivision Pre-application Plan), BMC. See checklist PA1. 2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if other than for single household. 3. All streets, roads, alleys, avenues, highways, and easements; the width of the right -of-way, grades, and curvature of each; existing and proposed road and street names; and proposed location of intersections for any subdivision requiring access to arterial or collector highways. 4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey. 5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. 6. The approximate location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. 7. If the improvements required are to be completed in phases after the final plat is filed, the approximate area of each phase shall be shown on the plat. 8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater. 9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision Preliminary Plat Supplements), BMC during the pre-application process. 10. Request for exemption from Montana Department of Environmental Quality Review as described in Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC. 11. All appropriate certificates (refer to Chapter 38.06, BMC). 12. All preliminary plat supplements required for all subdivisions: Preliminary Plat Supplements Required for All Subdivisions A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch sheet C. A written statement describing any requested subdivision variance(s) and the facts of hardship upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal Procedures), BMC. See checklist SVAR D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association E. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, rights-of way or driveways intersect State, County, or City highways, streets or roads F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is necessary 295 Preliminary Plat Checklist PP1 Page 2 of 2 Revision Date 1-05-16 Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms: G. A draft of such other appropriate certificates H. Provision for maintenance of all streets (including emergency access), parks, and other required improvements if not dedicated to the public, or if private I. Profile sheets for street grades greater than 5 percent J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization shall be provided K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for control of noxious weeds L. A preliminary platting certificate prepared by a Montana title company 13. All preliminary plat supplements not waived at pre-application review by the Development Review Committee. Please refer to Section 38.41.060, BMC for the specific requirements for each item. Additional Subdivision Preliminary Plat Supplements Waived A. Surface water B. Floodplains C. Groundwater D. Geology, soils and slope E. Vegetation F. Wildlife G. Historical features H. Agriculture I. Agriculture water user facilities J. Water and sewer K. Stormwater management L. Streets, roads and alleys M. Utilities N. Educational facilities O. Land use P Parks and recreation facilities Q. Neighborhood center plan R. Lighting plan S. Affordable Housing T. Miscellaneous CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 296 WR Wetland Review Application WR Page 1 of 1 Revision Date 4-20-17 Required Forms: A1 Recommended Forms: Required Forms: WETLAND REVIEW REQUIRED MATERIALS APPLICATION SETS One set is required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets if the wetland review is independent of another review. If the wetland review is part of another type of application, such as a subdivision or site plan review, provide the number of sets and copies required by the primary application checklist. Complete and signed development review application form A1. Only if independent of another review. Plan sets that include all required items listed on the wetland checklist listed below. Standard application sets required plan sizes: Plans may be 24 x 36 inch or 11 x 17 inch or 8 1/2 x 11 inch in size depending on project type. Larger, more complex projects may require larger plans. STATUTE The following information must be submitted for all activities proposed in or adjacent to regulated wetland areas. Section 38.30 BMC includes the wetlands regulations for the City of Bozeman. The regulations provide specific guidelines and methods to identify whether an area is a wetland and to determine the boundary between wetlands and uplands. The city’s wetlands regulations apply to both wetlands with a direct hydrologic connections to “waters of the U.S.” and to isolated wetlands with no direct connection to a water of the U.S. and that exhibit positive wetland indicators for all three wetland parameters. APPLICATION FEE No fee required WETLAND REVIEW CHECKLIST 1. A description of the proposed activity. 2. A description of why avoidance and less damaging alternatives have been rejected, if applicable. 3. Wetland delineation report complying with the requirements of Section 38.30 BMC. 3. A site plan which shows the delineated wetland boundary, the property boundary, all existing and proposed structures, streets and hardscape including sidewalks and pathways, watercourses and drainage ways on and within 100 feet of the property. Include the date of preparation and any revisions and north point indicator. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. The wetland boundary must be keyed to a wetland delineation report. 4. The exact locations and specifications for all proposed regulated activities and the direct and indirect impact of such activities. 5. The source, type and method of transport and disposal of any fill materials to be used, and certification that he placement of fill material will not violate any applicable state or federal statutes and regulations. 6. Copies of any Section 404 wetland permits submitted or already obtained for the site. 7. Any historical information regarding wetland permitting or mitigation on the site. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net 297 298 Page 1 of 3 Adjoining Property Owners: NORTON EAST RANCH SUB PH 3A NORTON EAST RANCH SUB PH 3A, S09, T02 S, R05 E, Lot R2, ACRES 17.4321, PLAT J-564 and S09, T02 S, R05 E, ACRES 75.68, SE4NW4, SW4NE4, NE4SW4, SE4SW4, NW4SE4, SW4SE4 & 41'X 1320' WS OF SE4SE4 LESS HWRW & LESS PLAT 503 & 509 & 519 & 564 NORTON PROPERTIES LLC 63026 NE LOWER MEADOW DR #200 BEND, OR 97701-5877 NORTON EAST RANCH SUB PH 3A, S09, T02 S, R05 E, Lot R3, ACRES 15.9452, PLAT J-564, NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, ACRES 7.253, PUBLIC PARK PLAT J-503, NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, ACRES 0.4, OPEN SPACE PLAT J-509, NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, ACRES 0.532, OPEN SPACE PLAT J-503, NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, OPEN SPACE PLAT J-519, S09, T02 S, R05 E, ACRES 75.68, SE4NW4, SW4NE4, NE4SW4, SE4SW4, NW4SE4, SW4SE4 & 41'X 1320' WS OF SE4SE4 LESS HWRW & LESS PLAT 503 & 509 & 519 & 564, CONTIGUOUS LIEN ALLAN G & CONNIE K TRUSTEES 8507 HUFFINE LN BOZEMAN, MT 59718-9005 S09, T02 S, R05 E, ACRES 68.553, W2SW4 LESS TRACTS, HWRW & COS 2664 CONTIGUOUS GCB LANDINGS LLC 2320 WATTS LN BOZEMAN, MT 59718-1413 NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, BLOCK 2, Lot 11, 6000 SQUARE FEET, J-509 NOT CONTIGUOUS ALVARADO LAWRENCE A III 3133 SUMMER VIEW LN BOZEMAN, MT 59715-8255 NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, BLOCK 2, Lot 12, 5500 SQUARE FEET, J-509 NOT CONTIGUOUS JOHNSON SCOTT 289 POND LILY DR BOZEMAN, MT 59718-8613 NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, BLOCK 2, Lot 10, 6000 SQUARE FEET, J-509 NOT CONTIGUOUS BOLTON NICOLE 205 W ARNOLD ST BOZEMAN, MT 59715-6130 NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, BLOCK 2, Lot 9, 5000 SQUARE FEET, J-509 NOT CONTIGUOUS PAEA KALANI 288 POND LILY DR BOZEMAN, MT 59718-8613 NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, BLOCK 1, Lot 10, 5005 SQUARE FEET, PLAT J-509 NOT CONTIGUOUS GARCIA LUCIANO J & JANIS 1610 ELMHURST DR LOS ALTOS, CA 94024-5808 NORTON EAST RANCH SUB PH 2, S09, T02 S, R05 E, BLOCK 1, Lot 9, 5000 SQUARE FEET, PLAT J-509 NOT CONTIGUOUS BLAKLEY LAURIE L & DOUGLAS W 1821 VIRGINIA DALE ST HELENA, MT 59601-5827 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 5, Lot 10, 5005 SQUARE FEET, PLAT J-503 NOT CONTIGUOUS BOWEN HEATHER L & BONNIE J 269 STONE FLY DR BOZEMAN, MT 59718-7779 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 5, Lot 9, 5005 SQUARE FEET, PLAT J-503 NOT CONTIGUOUS SCHULER JONATHAN & NINA 309 STONE FLY DR BOZEMAN, MT 59718 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 1, PLAT J-519 NOT CONTIGUOUS CEBULLA CINDI & MARK 321 STONE FLY DR BOZEMAN, MT 59718-7091 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 2, PLAT J-519 NOT CONTIGUOUS 299 Page 2 of 3 GREER NIKOLE R & NATHAN 335 STONE FLY DR BOZEMAN, MT 59718-7091 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 3, PLAT J-519 NOT CONTIGUOUS ZHANG TIANYU 3258 HILLCREST DR BOZEMAN, MT 59715-0688 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 4, PLAT J-519 and NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 3, PLAT J-519 NOT CONTIGUOUS MENGEL DOUGLAS 357 STONE FLY DR BOZEMAN, MT 59718-7091 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 5, PLAT J-519 NOT CONTIGUOUS PARSEGHIAN JULIA HORTON & NATHAN 361 STONE FLY DR BOZEMAN, MT 59718-7091 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 6, PLAT J-519 NOT CONTIGUOUS LAPP ROBERT W 15580 PASEO JENGHIZ SAN DIEGO, CA 92129-1124 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 7, PLAT J-519 NOT CONTIGUOUS SCAUZZO BEN 15 PINEVIEW CT PLEASANT HILL, CA 94523-3570 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 8, PLAT J-519 NOT CONTIGUOUS GUMMER SEAN FREDERICK 416 23RD AVE NE GREAT FALLS, MT 59404-1515 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 1, Lot 9, PLAT J-519 NOT CONTIGUOUS JOHNSON EDWARD M & JAMES 390 STONE FLY DR BOZEMAN, MT 59718-7091 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 9, PLAT J-519 NOT CONTIGUOUS ZUVICH TED J & EILIDH 33090 NE 43RD PL CARNATION, WA 98014-8702 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 8, PLAT J-519 NOT CONTIGUOUS GREEN ACRES PROPERTIES LLC 2080 CENTRAL PARK RD BELGRADE, MT 59714-7594 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 7, PLAT J-519 NOT CONTIGUOUS ANGRYK RAFAL 1632 FLYWAY DR MARIETTA, GA 30068-1622 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 6, PLAT J-519 and NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 4, PLAT J-519 NOT CONTIGUOUS KASTEN ELIZABETH M PO BOX 1253 VALLEY CENTER, CA 92082-1253 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 5, PLAT J-519 NOT CONTIGUOUS RAINEY NICK 318 STONE FLY DR BOZEMAN, MT 59718 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 2, PLAT J-519 NOT CONTIGUOUS BRUMWELL GAGE & ASHLEY 118 STONE FLY DR BOZEMAN, MT 59718-7778 NORTON EAST RANCH SUB PH 2A, S09, T02 S, R05 E, BLOCK 2, Lot 1, PLAT J-519 NOT CONTIGUOUS BAUMBERGER DAVID J 393 WATER LILY DR BOZEMAN, MT 59718-7777 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 6, Lot 9, 4080 SQUARE FEET, PLAT J-503 NOT CONTIGUOUS WILCOX NATHAN A & JANA 381 WATER LILY DR BOZEMAN, MT 59718-7777 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 6, Lot 8, 3061 SQUARE FEET, PLAT J-503 NOT CONTIGUOUS 300 Page 3 of 3 LYMAN CREEK PROPERTIES LLC 3185 BRIDGER CANYON RD BOZEMAN, MT 59715-8430 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 6, Lot 7, 3095 SQUARE FEET, PLAT J-503 NOT CONTIGUOUS AGOSTA CHRISTINE PO BOX 280585 LAKEWOOD, CO 80228-0585 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 6, Lot 6, 4167 SQUARE FEET, PLAT J-503 NOT CONTIGUOUS HAMPSHIRE HOLDINGS CORPORATION 2025 CARNOUSTIE CT FORT MILL, SC 29707-7763 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 3, Lot 1, ACRES 1.141, PLAT J-503 NOT CONTIGUOUS J & D FAMILY LIMITED PARTNERSHIP 270 AUTOMOTIVE AVE BOZEMAN, MT 59718 J & D FAMILY MAJOR SUB PH 1, S09, T02 S, R05 E, Lot R-1, ACRES 10.19, PLAT J-502 CONTIGUOUS FLOWERREE FAMILY LLC MUCKEL ANDERSON RENO, NV 89505-1869 S09, T02 S, R05 E, ACRES 18.24, W2SE4SE4 LESS HWRW PT OF COS 1005 CONTIGUOUS VISSER EDWARD O & SHIRLEY 80 DANA LN BELGRADE, MT 59714-8761 S16, T02 S, R05 E, TRACT 1 NW4NE4 10.00AC COS 1456 NOT CONTIGUOUS KAMP ENTERPRISES LIMITED PARTNERSHIP 6393 SHANNA ST MANHATTAN, MT 59741-8441 S16, T02 S, R05 E, W2NE4 LESS COS 1456 & HWRW E2NW4 LESS HW 146.18AC NOT CONTIGUOUS SENTRY STORAGE LLC 8510 HUFFINE LN BOZEMAN, MT 59718 S16, T02 S, R05 E, C.O.S. 1074B, PARCEL 1B, ACRES 4.753, LESS HWRW NOT CONTIGUOUS G:\c&h\16\161140\plat - preliminary\City Adjoiners - Norton Ranch.doc 301 INTRODUCTION The proposed Norton East Ranch Subdivision, Phase 4 is a 23-lot major subdivision located on Lot R2, Norton East Ranch Subdivision, Phase 3A and that part of the property described in document number 2240294, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in Section 9, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana. The subject property is zoned R-4 and R-O. The remainder parcels (subject to future subdivision review) are zoned R-3 and BP. This subdivision is intended to meet the goals and ideals outlined in the City’s adopted growth policy, the “2020 Community Plan” and the standards included in the City of Bozeman Unified Development Ordinance. RESPONSE TO PREAPPLICATION COMMENTS Please find below the responses to comments received from the City of Bozeman during the preapplication process. Original comments are in normal type. Responses are in italics. DEPARTMENT OF COMMUNITY DEVELOPMENT COMMENTS 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.  The applicant is aware of this requirement. 2. The proposed waivers are recommended to be granted: 1) surface water; 2) floodplains; 5) vegetation; 6) wildlife; 7) historical features; 8) agriculture 9) agricultural water user facilities; and 19) miscellaneous.  These waivers are noted. 3. All supplements in Section 38.41.060 other than those waived above must be addressed in the preliminary plat application.  A review of these supplements is included in Section 4 of this submittal. 4. The preliminary plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM).  This preliminary plat application conforms to these requirements. 5. Affordable housing relaxations apply individually per lot proposing an affordable unit. Relaxations do not apply collectively for a block when only one affordable housing unit is proposed. Each lot proposed for reductions in lot area and width must meet the affordable housing regulations.  No affordable housing is proposed with this subdivision. Please see the affordable housing discussion in the supplements (Section 4). 302 6. If you seek to use any incentives allowed through Article 43, Affordable Housing, you must demonstrate compliance with the program for all lots requesting reductions.  No affordable housing is proposed with this subdivision – no incentives will apply. 7. The voluntary affordable housing period ends July 12, 2017. As of the writing of this memorandum, mandatory affordable housing compliance will be required after July 12, 2017 for subdivisions and site plans proposing ten or more market‐rate homes. If the affordable housing threshold is met or affordable housing relaxations are requested for specific lots, then the following apply: a. The affordable housing plan obligating the subdivider to meet the requirements of Article 43 of the Unified Development Code must be approved by the Director of Community Development prior to preliminary plat approval and recorded with the Gallatin County Clerk and Recorder’s Office prior to final plat approval. b. The affordable housing plan and document number must be referenced on the final plat conditions of approval sheet. c. The affordable housing titling must be removed from the face of the plat. d. The affordable housing provisions do not allow for a reduction in minimum garage stall dimensions.  No affordable housing is proposed for this subdivision. 8. All notes, restrictions, and conditions of approval must be located on the final plat conditions of approval sheet.  The conditions of approval sheet is included with this application (sheet 3 of the plat maps). 9. The “Lot R2” and “unplatted remainder” are not appropriate titling pursuant to A.R.M. rules. The “Lot R2” and “unplatted (remainder)” must be platted as lots with an assigned block with the proper naming protocol in accordance with A.R.M. rules and Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot unit it is subdivided as a lot, which is not subject to this restriction. This language must be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot “” of Block “”, and Lot “” of Block “”, of the Norton East Ranch Subdivision, Phase 4, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. 303 THREREFORE, BE ADVISED, that Building Permits will not be issued for Lot “” of Block “”, and Lot “” of Block “”, of the Norton East Ranch Subdivision, Phase 4 , City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.”  This note is included on the plat and on the conditions of approval sheet in the notes section. 10. The applicant must demonstrate compliance with parkland regulations. If existing parkland is proposed to be credited for this subdivision, the final plat must provide a parkland tracking and accounting table. Given the residential future land use designation in the adopted growth policy, the subdivider must provide parkland for the maximum net residential density (12 dwelling units per acre) or demonstrate compliance in another allowable manner. A note regarding parkland dedication must be provided for each lot.  The parkland tracking table is included on the conditions of approval sheet. Parkland is provided using existing excess Norton Ranch Subdivision Parkland and the new Park in the southeast corner of the subdivision. Parkland is adequately provided for the single‐household lots and for the multi‐household and residential‐office lots for the maximum net residential density of 8 dwelling units per acre). Cash donation in‐lieu of additional land for net residential densities over 8 units per acre (but under 12 units per acre) will be provided during the future site plan review for the multi‐household and residential‐office lots per 38.27.020. Please see the parkland discussion in Section 4 (supplements). 11. The common open space lots must be deeded to the property owners’ association, which must assume maintenance responsibilities.  The common open space lots will be deeded to the existing property owner’s association and they will assume maintenance responsibilities. 12. The final plat must include the following certificate: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON PUBLC IMPROVEMENTS The following are hereby granted and donated to the property owners’ association noted below for their use and enjoyment: (insert description and designations, e.g. open space parcels, storm water, etc. with each parcel having its own description like “Open Space D3,” which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (insert subdivider), hereby further certify that the following non‐public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design 304 standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (list as appropriate ‐ STORM DRAINAGE, DETENTION PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW). Financially Guaranteed Improvements: (list as appropriate ‐ COMMON OPEN SPACE IRRIGATION & LAWN.) The subdivider hereby grants ownership of all non‐public infrastructure improvements to the property owners association created by Document Number____________________. (To be filled in when recorded) By: _________ , Subdivider Date: ________________  The Final Plat will contain this certificate. 13. The subdivider must construct the east to west pedestrian walk of Block 12 with a concrete sidewalk meeting City standards.  The east to west pedestrian walk will be constructed as a 5‐ft concrete sidewalk. 14. Block 11 must meet block length standards.  Block 11 satisfies block length standards with a pedestrian connection through the middle of the block. Please see the discussion in Section 4 (supplements) of this submittal. 15. The growth policy encourages subdivision designs that incorporate alleys.  The single‐household (townhome) lots in Block 12 incorporates an alley. 16. The growth policy encourages a diversity of lot types and sizes to accommodate a variety of housing types.  The proposed subdivision encourages a diversity of lot types and sizes as it includes single‐household dwellings (townhomes), multi‐family lots, and residential‐office lots. 17. The Unified Development Code encourages the consolidation and sharing of access points along public streets. The City advises the applicant to consider shared access locations for Blocks 11, 13, 14, 15, 16, 17, and 18 at time of preliminary plat or future site plans.  The configurations of these developments are unknown at this time. This item is noted and shared access points along public streets will be considered during the design of the lots. 18. The applicant is advised that 5‐foot side yard setbacks apply to the lots adjacent to 30‐foot wide pedestrian pathways.  This applicant is aware of this requirement. 305 19. A complete preliminary plat application must be submitted to the Department of Community Development within one calendar year of the date the Department dates, signs and places pre‐application comments in the outgoing mail.  The pre‐application comments are dated June 28, 2017. This application is being submitted on September 29, 2017 which is within one calendar year of the pre‐application comments. CODE PROVISIONS 1. Section 38.02.050 Disposition of Water Rights. Water rights, or cash‐in‐lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat.  Water rights will be transferred prior to the filling of the final plat. 2. Section 38.06.00, requires signature blocks under all plat certificates. Every certificate must have a signature block.  Each certificate will have a signature block on the final plat. 3. Section 38.08.040, sets minimum lot area and minimum lot width in residential zoning districts, with allowable reductions for lots conforming to Article 43, Affordable Housing. The application requests reductions for minimum lot area and width pursuant to the provisions of this section. Accordingly, the affordable housing plan must be approved to grant these reductions as part of the allowable affordable housing incentives. The affordable housing plan must be approved prior to final plat approval. The applicant is advised that if the affordable housing plan is not approved, the final plat may not be approved.  No affordable housing is proposed for this subdivision. 4. Section 38.08.080, the preliminary plat must confirm that the subdivision meets the minimum net residential density requirement of 5 dwelling units to the acre.  The net residential density for this subdivision is over 13 dwelling units per acre. Please see the parkland tracking table on the conditions of approval sheet. 5. Section 38.21.060.C.1, all buildings located on a corner lot shall provide a corner side yard. Please ensure that all corner lots are large enough to provide an adequate building envelope.  The corner lots are large enough to provide an adequate building envelope. 6. Section 38.23.040 Block size and orientation. The blocks are not designed to ensure a high level of multimodal connectivity.  The grid design allows for north/south/east/west connections for vehicles/pedestrians/bicycles. Roads, concrete sidewalks, and gravel trails will provide connections to existing and proposed road networks, parks, and neighborhood amenities. 7. Section 38.23.040.B Block length. Block length standard is not met for Block 11. The open space must bisect Block 11. 306  A pedestrian connection is provided through Block 11 to meet block length standards. Please see the Streets, Roads, and Alleys discussion in Section 4 (supplements). 8. Section 38.23.040.D Rights‐of‐way for pedestrians. Block 11 must be bisected with a concrete pedestrian connection meeting the standards of this section to comply with block length requirements  Block 11 will be bisected with a concrete pedestrian connection. Block 11 will be developed as an interconnected apartment complex and will include a concrete sidewalk through the middle of the Block within the easement shown on the plat. Please see the Streets, Roads, and Alleys discussion in Section 4 (supplements). 9. Section 38.23.080.D Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned and maintained by the property owner’s association and noted accordingly in the protective covenants.  The proposed subdivision will utilize and expand existing storm water facilities on parkland owned and maintained by the property owner’s association. 10. Section 38.23.120, if mail delivery will not be to each individual lot within the development, the developer shall provide an off‐street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right‐of‐way.  Please see the response from Mike Novotny of the United States Post Office in Section 7 of this submittal. Mr. Novotny recommends adding an additional cluster mail box to the cluster located on the east side of Stone Fly Drive just north of the 9‐proposed townhome lots. Mail delivery for the apartment and residential office lots will be determined once the site plans are developed. The mail boxes will most likely be located on site for these developments. 11. Section 38.23.130 Fences, Walls and Hedges. Fences located in the front, side or rear yard setback of properties adjacent to any park or common open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owner’s association documents.  Fences and Hedges are addressed in section 11.16 of the existing covenants, conditions, and restrictions for the Norton East Ranch Subdivision. 12. Section 38.25.020.A Parking Dimensions. The property owners’ association documents shall include language stating the minimum provisions for one‐stall and two‐stall vehicle garages as outlined by Section 38.25.020.A, BMC.  Garages are addressed in section 11.23 of the existing covenants, conditions, and restrictions for the Norton East Ranch Subdivision. 13. Section 38.27.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance 307 district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation.  These waivers will be filed with the final plat application. 14. Section 38.38.020 Property Owners’ Association. All areas reserved for open space and other common areas (i.e., storm water facilities to be owned and maintained by the property owner’s association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owners’ association documents.  The open space areas are referred to as common open space. 15. Section 38.38.030 Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations and “no basement restriction”, 9) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 10) noxious weed control, 11) parking within residential structures, and 12) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation.  This property will be annexed into the existing covenants, conditions, and restrictions of the established Norton East Ranch Subdivision Property Owner’s Association. 16. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. The 308 City may limit the items it allows to be deferred and made subject to an Improvements Agreement.  This applicant is aware of this requirement. 17. 38.39.030.B.2 Sidewalks. The final plat and property owners’ association documents shall include language stating that “upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot.”  This note will be included on the final plat. 18. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the preliminary plat.  The approved Noxious Weed Management Plan is included in Section 3.d. 19. Section 38.41.50A.5, BMC “Documents and Certificates” A draft copy of the covenants, restrictions, and articles of incorporation for the creation of or annexation into a property owners’ association must be submitted with the preliminary plat application for review and approval by the Department of Community Development and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, public parkland/open space corridors, mail delivery areas, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code.  The existing covenants, conditions, and articles of incorporation are included in section 3.f of this submittal. Engineering Department Comments (Shawn Kohtz, PE, 582‐2288, skohtz@bozeman.net) 1. High groundwater is a particular concern at this location resulting in several requirements: a. No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. b. Streets and curb and gutter must be constructed above the seasonal high groundwater such that groundwater does not seep out from the cracks in curb and gutter or from finished grades on site and into the drainage system.  This note will be included on the conditions of approval sheet. Groundwater levels will be accounted for in the infrastructure design. 309 2. The application materials indicate City standard sidewalks to be placed everywhere except immediately south of May Fly Street. Sidewalks are also required at May Fly Street.  Sidewalks will be constructed on May Fly Street. This section has been added to the preliminary plat. 3. The proposed water main in Laurel Parkway must be a 12‐inch main per the City’s 2017 Water Facility Plan. Additionally, the water main must be extended to the proposed southern termination of Laurel Parkway.  A 12‐in water main is included in Laurel Parkway. The main extends to the southern termination of Laurel Parkway. Please see the preliminary plat map. 4. The applicant must provide a capacity analysis of the Norton Ranch Lift Station to accommodate flows from the proposed project. That lift station is nearly at capacity per the City of Bozeman Wastewater Collection Facilities Plan Update (2015). The applicant must upgrade the lift station to accommodate the proposed project.  The existing lift station configuration has adequate capacity for Phase 4. Please see the Sanitary Sewer Design Report in Section 5. 5. The applicant must provide an analysis of peak‐hour sanitary sewer flows with the preliminary plat application. The City will use its hydraulic model to determine downstream sanitary sewer main capacity for the proposed project. The applicant is advised that an analysis of the regional Baxter Meadow Lift Station may indicate the need to upgrade the lift station. Any required upgrades must be completed prior to final plat approval.  The peak‐hour sanitary sewer flow is provided in the Sanitary Sewer Design Report in Section 5. 6. The City’s GIS mapping indicates possible wetlands immediately south of May Fly Street. The applicant must provide a current wetlands delineation as necessary.  This wetland was examined by Barbara Vaughn. The wetland is artificially created by irrigation overflow and is not a jurisdictional wetland. The Army Corps of Engineers has been contacted to confirm this determination. There is a wetland along the southeast property boundary as delineated on the plat. Please see Section 8 for the wetland report. 7. Section 38.23.180 states: the transfer of water rights or the payment of cash‐in‐lieu (CIL) of water rights shall be provided. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of CIL of water rights and pay any CIL of water rights due prior to final plat approval.  Water rights from the applicant will be transferred during the final plat process. 8. The applicant must prepare a traffic impact study and submit the study with the preliminary plat application. The applicant must indicate how recommendations and requirements from the traffic impact study are incorporated with the preliminary plat application. 310  The traffic impact study is included in Section 9 of this application. 9. Laurel Parkway must be constructed to a full collector street standard per the corridor plan defined in the Bozeman Transportation Master Plan (2017).  Laurel Parkway will be constructed to a collector street matching the existing cross section at the current southern terminus of the street. 10. The applicant will be required to provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: 1. Street improvements to South Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage 2. Street improvements to West Babcock Street including paving, curb/gutter, sidewalk, and storm drainage 3. Street improvements to South Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage 4. Street improvements to Fallon Street including paving, curb/gutter, sidewalk, and storm drainage 5. Intersection improvements to Laurel Parkway and West Babcock Street 6. Intersection improvements to Laurel Parkway and Huffine Lane 7. Intersection improvements to South Cottonwood Road and West Babcock Street 8. Intersection improvements to South Cottonwood Road and Huffine Lane 9. Intersection improvements to South Cottonwood Road and Fallon Street The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. This is a condition of final plat approval.  These waivers will be provided with the final plat application. 11. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant.  No wetland or streambank impacts are included with this subdivision. 12. A stormwater drainage/treatment grading plan and maintenance plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved with the preliminary plat application. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. 311  The stormwater management plan is included in Section 6 of this application. Note: The comments and advice contained in this DRC. memorandum are intended to assist the applicant in preparing the subdivision preliminary plat application. However, further comments and/or recommendations on matters not discussed during the informal view may arise based on the information and supplemental data provided with the formal applications and applicable comments provided by local and state agencies. PRELIMINARY PLAT SUBMITTAL REQUIREMENTS: Section 38.41.010, BMC – General. All applications and supplemental material, including all copies of plats and site development plans, shall be bound and folded into complete 8½‐ by 11‐inch or 8½‐ by 14‐inch sets ready for distribution. All plats shall be on one or more sheets either 18‐ by 24‐inches or 24‐ by 36‐inches in size, and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications, supplemental material, plat and plans) shall be provided as required. Four applications forms are required for all preliminary plat applications. These documents detail all submittal requirements and each form must be completely filled out and included with each digital copy of the submittal packet. The forms include the following: Required Applications 1. Form A1 ‐ Development Review Application 2. Form PP – Subdivision Preliminary Plat Required Materials 3. Form PP1 – Subdivision Preliminary Plat Checklist 4. Form N1 – Noticing Materials Future Impact Fees ‐ Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net.  These items are included in this application. Thank you. 312 ΔΔBLOCKPARKLAND (SF)OPEN SPACE(SF)LOTS (SF)TOTAL (SF)LOT R2A111213ROWTOTAL313 Δ314 315 Additional Subdivision Preliminary Plat Supplements Page1f6 Additional Subdivision Preliminary Plat Supplements Norton East Ranch Subdivision, Phase 4 1. Surface Water Please refer to the Waters of the US Delineation Report in Appendix D for detailed information regarding the existing wetland (W-1) along an historic straightened channel located on the east boundary of Phase 4. This existing wetland will not be disturbed and is included in the proposed Park. W-1 extends south to Huffine Lane. It is anticipated that future phases of Norton Ranch will keep this wetland within Park/Open Space with a parallel trail that will connect to Huffine Lane. There is a wet area within Block 11 that was caused by overflow from an abandoned irrigation spring box. This wet area was dry during the Summer and Fall of 2018 and was determined to be non-jurisdictional by the Army Corps of Engineers in January 2018. The non-jurisdictional determination letter from the Army Corps of Engineers is included in Appendix D of this submittal. This area will remain dry as the source of the flow (irrigation spring box) for this area has been terminated. 2. Floodplains (Waived) There are no designated floodplains on or immediately adjacent to this site. 3. Groundwater The Geotechnical Investigation Report (Appendix C) for Phase 4 encountered groundwater at depths varying from 5.5 to 8.5 feet below ground surface. The seasonally high groundwater is expected to rise between 3.0 to 3.5 feet above these levels during the peak season (May to June). Therefore, groundwater elevations are expected to range between 2.0 to 5.0 feet below ground surface. Shallow groundwater elevations have been encountered throughout the Norton East Ranch Subdivision. The developer is aware of these elevations and all structures are constructed as slab-on-grade. Dewatering for utility installations and foundation construction is expected and will be accounted for in any construction permits. Crawl space and basement foundations are not recommended within this subdivision – a note is included on the plat with this recommendation. 4. Geology, Soils and Slope No unusual geological features are present on the subdivision site. The geotechnical investigation report is included in Appendix C of this submittal. This report details the soils encountered on site and provides recommendations for infrastructure and foundation designs. 5. Vegetation The entire Norton East Ranch Subdivision went through a mitigation wetland permitting 316 Additional Subdivision Preliminary Plat Supplements Page2f6 process in 2007. The mitigation wetland is located to the north of Phase 4 and will not be impacted by the development of Phase 4. Wetland #1 (W-1) was originally delineated in 2007 as part of this permitting process. W-1 is located along the far east boundary of Phase 4. This wetland was delineated by Vaughn Environmental in September 2017 and is shown on the preliminary plat with the associated setbacks. The summary report is included in Appendix D. 6. Wildlife (Waived) No critical wildlife species or habitats are known to be found on this property. Julie Cunningham of Montana Fish, Wildlife, and Parks responded commented on the proposed subdivision – “Although I have seen mule deer in this vicinity, it is not in critical winter range and it is in an urban matrix surrounded by other developments. Therefore, I have no major concerns related to wildlife impact from this proposed development.” These comments are included in Appendix C of this submittal. 7. Historical Features (Waived) There are no known historical features located within the project. 8. Agriculture (Waived) The property is not a viable farm unit. 9. Agricultural Water User Facilities (Waived) No water user facilities exist within the proposed subdivision. 10. Water and Sewer Water Supply Water for domestic use and fire protection will be provided by connections to the City of Bozeman water system. The proposed water mains will connect to existing water mains in May Fly Street and Fallon Street. Please see the Water and Sewer Design Report in Appendix A for more information. Water rights or cash-in-lieu thereof, will be transferred with final plat. Sanitary Sewer Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. The sewer system will connect to the existing 10” main at the current southern terminus of South Reliance Avenue (Phase 3C). From there, sanitary sewage will be conveyed to and treated at the City of Bozeman’s Water Reclamation Facility. Please see the Water and Sewer Design Report in Appendix A for more information. 317 Additional Subdivision Preliminary Plat Supplements Page3f6 11. Storm Water Management Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then underground via storm drain piping to stormwater retention ponds located in Park 1. Please see the Stormwater Design Report in Appendix B for more information. 12. Streets, Roads, and Alleys A Traffic Impact Study has been completed for this project and is included in Appendix E of this submittal. The proposed Subdivision has legal access to Laurel Parkway, Fallon Street, and May Fly Street. The proposed roads will match the established (existing) street grid structure and be within dedicated 60-ft wide right-of-way. Sidewalks will provide pedestrian circulation within the subdivision. Lots 1-4 of Block 11 are planned to be one cohesive apartment complex project. The detailed design of this complex has not been completed but will include a pedestrian connection with a minimum 5-ft concrete sidewalk to maintain an east/west block length not to exceed 400 ft. A public access easement and a plat note will ensure the installation of this connection. An open space parcel across this block is not practical as it would prevent drive aisle connections between the lots and would prevent an interconnected development on the block. Road maintenance for all streets will be provided by the City of Bozeman after the improvements have been accepted by the City. Erosion and siltation control will be exercised during construction by using the appropriate best management practices as outlined in “Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water Quality Bureau. 13. Utilities Standard 10-ft front yard utility easements are provided across all lots. Letters requesting comments on their ability to service this subdivision have been sent to the following service providers: Republic Services of Montana, American Medical Response, Bozeman Deaconess Hospital, Bozeman Public School District, Charter Communications, NorthWestern Energy, CenturyLink, Streamline Transit, and the United States Postal Service. Response letters from all of those who chose to comment are enclosed in Appendix C. As recommended by Michael Novotny of the United States Postal Service, an additional cluster box will be provided next to the existing cluster boxes on Stone Fly Drive adjacent to the Park. The cluster box locations for the large multi-family and residential-office lots will be located within the sites once the individual site plans are developed for these lots. 14. Educational Facilities A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. A 318 Additional Subdivision Preliminary Plat Supplements Page4f6 copy of the letter and the response are enclosed in Appendix C. 15. Land Use Norton East Ranch Subdivision, Phase 4 is proposed as a 23-lot subdivision which includes 9 residential single household (townhome) lots, 4 residential multi-household lots, 6 residential-office lots, 2 common open space lots, and 2 restricted development lots. The 4 residential multi-household lots are intended to be developed as one cohesive apartment complex. The use of the residential-office lots is currently unknown, but must have over 50% residential use. 16. Parks and Recreation Facilities The proposed development will use existing parkland dedications from Norton East Ranch Subdivision, Phases 1-3. as well as the proposed Park in the southeast corner of the subdivision to satisfy Parkland requirements. The master Parkland Tracking Table is included on the conditions of approval sheet of the preliminary plat application. The table applies the maximum residential density (8 dwelling units per acre) required for parkland dedication to all the lots in Block 11 (R-4), Block 13 (R-O), and Block 14 (R-O). A total of 96 residential units are assumed for the four residential multi-household lots in Block 11. Additional cash and/or improvements-in-lieu of parkland dedication will be provided during the site plan review process for these lots for densities over the 8 dwelling units/acre density cap for required parkland dedications. The 7.78-acre master park for the Norton East Ranch Subdivision is located north of May Fly Street directly north of the multi-household lots and directly northwest of the townhome lots. These residential lots will have direct pedestrian access to the Park through existing and proposed sidewalks and trails. The 0.47-acre Phase 1 pocket park with playground equipment is also located approximately 300 ft northeast of the north end of the townhome lots. There will be an excess of 0.78 acres of parkland after the 96-unit apartment complex and 9 townhome lots are developed. The residential-office lots in Blocks 13 and 14 will also have direct access to the master park and the Phase 1 pocket park through the use of existing and proposed sidewalks and trails. The proposed Park in the southeast corner of Phase 4 will provide an additional recreational area. A trail segment is included in this park that is planned to run along the existing wetland along the eastern boundary of Norton East Ranch and eventually connect to Huffine Road. The park will be graded, irrigated, and sodded/seeded to standard park requirements. Additional park amenities can be installed in the park as the residential-office lots are developed (through the improvements-in-lieu requirements during the site plan review process). Please see the enclosed Master Park Plan in Appendix F for details on the proposed Park. The Park will be developed as a linear trail corridor that will eventually connect to Huffine Lane. This is consistent with the linear park/trail that runs along the west side of the Norton Ranch Subdivision (this corridor will span from Huffine to Durston). Street frontage is 319 Additional Subdivision Preliminary Plat Supplements Page5f6 provided along 50% of the Park as the other 50% of the frontage runs along the wetlands along the east property line of the development. It is anticipated that future development on the current vacant land east of Phase 4 will develop this wetland corridor similarly as a linear park and will provide additional street front along the east side of the corridor. 17. Neighborhood Center Plan The Norton East Ranch Subdivision Neighborhood Center has already been installed and is located at the southeast corner of Babcock and Laurel Parkway. The entirety of Phase 4 is within one-half mile of this existing neighborhood center, satisfying Section 38.23.020 of the Bozeman Municipal Code. Pedestrian infrastructure is already installed to connect the neighborhood center to Phase 4 via: a meandering 5’ gravel trail that runs along the east side of the Phase 1 Park and connects to the Neighborhood Center over a bridge, a meandering 5’ gravel trail that runs along the west side of the Phase 1 Park and connects to south end of the Neighborhood Center, or the 10’ and 5’ concrete sidewalks that run along the north side of May Fly Street and the east side of Laurel Parkway that connect to the south side of the Neighborhood Center. The Neighborhood Center Plan is shown below. The Center includes a pavilion with a BBQ area, picnic tables, benches, dog waste stations, and lawn areas for active recreation. 320 Additional Subdivision Preliminary Plat Supplements Page6f6 18. Lighting Plan The street lights on Laurel Parkway are considered to have a low pedestrian conflict and will continue with 250-300 ft spacing (or at intersections) and a lumen output range of 8,300-8,600 (25-30 ft mounting height). One street light with a lumen output range of 10,000-10,3000 (25-30 ft mounting height) will be included at the intersection of Pond Lily Drive and Fallon Street and at the intersection of Water Lily Drive and Fallon Street. A Special Improvement Lighting District will be created after preliminary plat approval and before the final plat application. 19. Affordable Housing No affordable housing is required with this subdivision. The 9 single-household lots (townhouses) do not meet the 10-unit threshold required for affordable housing. The multi-household and residential-office lots will be rentals and are exempt from the affordable housing requirements. 20. Miscellaneous (Waived) No additional impacts or hazards are anticipated. 321 Project Engineer: Matt HProject:Well Information:bgs = below ground surface ags = above ground surfaceMW-1 MW-2 MW-3 MW-410' 10'10' 10'0.58 1.710.71 0.92Groundwater Information: MW-1 MW-2 MW-3 MW-402/14/18 6.81 6.29 4.20 4.3803/13/18 6.94 6.39 4.20 4.34 04/13/18 6.10 5.10 3.12 3.30Monitor Well DataProject Number: 161140Norton East Ranch Subdivision, Phase 4Project Location: BozemanWell IDWell Depth (feet-bgs)Top of Well (feet-ags)DateDepth to Ground Water (feet-bgs)322 323 1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768 www.chengineers.com • E-Mail: info@chengineers.com January 29, 2018 Norton Ranch Homes. Attn: Doug Lee 63026 Lower Meadow Drive Suite 230 Bend, OR 97701 RE: Soils Investigation – Norton East Ranch Subdivision Phase 4; Bozeman, Montana (161140) Dear Doug, Per your request, C&H Engineering and Surveying Inc. (C&H Engineering) has conducted a subsurface soils investigation on the above referenced property. The subject property is found in the South Half of Section 9, Township 2 South, Range 5 East in Gallatin County, Montana. The scope of services was to conduct a subsurface investigation and provide a soils investigation report. The report documents the sites’ soil and groundwater conditions, subsurface soil properties, and provides foundation design and general earthwork recommendations. Proposed Construction The Norton East Ranch Subdivision Phase 4 will consist of 10 Multi-family and 9 single family lots. Site development for each lot has been assumed to consist of the excavation for the foundation elements, installation of exterior concrete slabs, and also the installation of either rigid or flexible driveway pavements. It has been assumed that each residence will be constructed with a slab-on-grade with stem walls foundation. It is also assumed that the single family lots will have an attached garage that will be constructed with a slab-on-grade with stem wall foundation. Basement and crawl space foundations are not recommended due to the potential for seasonally high groundwater elevations across the project site. It has been assumed that each structure will be constructed utilizing typical wood framing. It has also been assumed that the foundation footings will not be subjected to unusual loading conditions such as eccentric loads. A footing is eccentrically loaded if the load transferred to the footing is not directed through the center of the footing. This creates a bending moment in the footing and results in a non-uniform load transfer to the underlying soil. If any of the foundation footings will be eccentrically loaded please contact this office so we can appropriately revise our allowable bearing capacity and settlement estimates if necessary Subsurface Soil and Conditions On December 11, 2017 Noah J. Schaible, E.I., of C&H Engineering visited the site to conduct a subsurface soils investigation. The subsurface soils investigation consisted of examining six 324 SOILS INVESTIGATION REPORT #161140 – NORTON EAST RANCH SUBDIVISION PHASE 4, BOZEMAN, MONTANA 2 exploratory test pit excavations. The exploratory test pits were excavated with a Hitachi Zaxis 160 LC Tracked Excavator provided by RLC Construction. The soil profiles revealed by the excavations were logged and visually classified according to ASTM D 2488, which utilizes the nomenclature of the Unified Soil Classification System (USCS). Representative samples of each soil layer were collected from the trench sidewalls at varying depths for further classification in the lab. The relative density of each soil layer was estimated based on probing of the excavation sidewalls with a rock hammer and the overall stability of the excavation. Any evidence of seepage or other groundwater conditions were also noted. The locations of the test pits are shown on the included Test Pit Location Map. The six test pits (TP) excavated for the field investigation exhibited nearly identical soil profiles. The following paragraphs briefly summarize the subsurface soils and conditions observed in the test pits excavated for the field investigation. The soil horizons are described as they were encountered in the test pit excavations, starting with the horizon nearest the surface and proceeding with each additional horizon encountered with depth. Please refer to the attached test pit logs for more detailed information. The first soil horizon encountered in each exploratory test pit was a Silty Clay Organic Soil of low plasticity (OL). This material was dark brown to black in color, moist, and soft. This material was encountered to a depths varying from approximately 2.0 to 2.5 feet below grounds surface (bgs). Organic soils are highly compressible and are not suitable for foundation support. This material must also be removed from beneath all interior and exterior slabs as well as beneath all asphalt and/or concrete paving improvements. This material may be stockpiled onsite and used for final site grading purposes. The second soil horizon encountered in each exploratory excavation was High Plasticity Clay (Fat Clay) (CH). This material was dark gray to gray in color, medium stiff, and estimated to contain approximately 90 percent fines with high plasticity and no dilatancy, approximately 10 percent coarse to fine grained sand. Trace gravels were encountered with depth. This material was encountered to depths varying from 4.0 to 6.0 feet bgs. The third soil horizon encountered in each exploratory excavations was a Poorly Graded Gravel with Sand and Cobbles (GP). This material was grayish brown in color, loose to medium dense, and estimated to contain approximately 25 percent coarse to fine grained sand, and approximately 75 percent gravels and cobbles. Trace boulders were encountered with depth. This material was present to the end of each excavation, varying in depth from approximately 6.5 to 9 feet bgs. Based on the subsurface investigation it is expected that High Plasticity Clay (CH) or Poorly Graded Gravel with Sand and Cobbles (GP) will be present at the desired bottom of footing elevations for the structure. The High Plasticity Clay is not suitable for foundation support. It is recommended that the excavation for each structure continue down to the Poorly Graded Gravel with Sand and Cobbles and structural fill be used to achieve the desired bottom of footing elevations. 325 SOILS INVESTIGATION REPORT #161140 – NORTON EAST RANCH SUBDIVISION PHASE 4, BOZEMAN, MONTANA 3 Groundwater Groundwater or seepage was observed in all six exploratory test pits excavated during the site visit. Groundwater was encounter at depths varying from 5.5 to 8.5 feet bgs. In our experience seasonally high groundwater can be expected to rise 3.0 to 3.5 feet above existing levels during peak season (May to June). Groundwater is anticipated to be encountered within the excavations for the structures. Dewatering will likely be required to be able to properly place and compact the required structural fill. Groundwater monitoring wells have been installed across the subject property to obtain the actual seasonally high groundwater elevation. The monitoring wells will be checked on a regular basis until the peak groundwater elevation is determined. Foundation Recommendations Based on the subsurface soils and conditions encountered in the six exploratory excavations, it will be acceptable to utilize a slab-on-grade with stem wall foundation. Please find the following as general recommendations for all foundation elements:  In order to keep the footing out of the active frost zone it is recommended that the bottom of footing elevation be located a minimum of 4 feet below finished grade.  It is recommended that typical strip footings for these structures have a minimum width of 16 inches and column footings should have a minimum width of 24 inches, provided the soils allowable bearing capacity is not exceeded.  The subgrade must remain in a dry condition throughout construction of the foundation elements.  If groundwater is encountered, the excavation will need to be dewatered to allow for the proper placement and compaction of the structural fill. Allowable Bearing Capacity & Settlement The bearing capacity of a soil is defined as the ultimate pressure per unit area by the foundation load that can be supported by the soil in excess of the pressure caused by the surrounding soil at the footing level. Bearing capacity is determined by the physical and chemical properties of the soil located beneath the proposed structures footings. It is recommended that all foundation footings bear on the Poorly Graded Gravel with Sand and Cobbles, or on structural fill overlying this material. For this scenario it is recommended that an allowable bearing capacity of 2,500 pounds per square foot be used to dimension all foundation footings. Settlement and differential settlement were estimated using conservative soil parameters. Based on conservative soil parameter estimates, the recommended bearing capacity, and the assumption that all recommendations made in this report will be properly implemented, it is expected that total and differential settlement will be ½-inch or less. Typical wood framed structures with 326 SOILS INVESTIGATION REPORT #161140 – NORTON EAST RANCH SUBDIVISION PHASE 4, BOZEMAN, MONTANA 4 reinforced concrete foundations can generally tolerate settlements of this magnitude, however, this should be checked by a structural engineer to determine if it is acceptable. The allowable bearing capacity may be increased by one third for short term loading conditions such as those from wind or seismic forces. Subgrade Preparation and Structural Fill In general, the excavation for the foundation footings must be level and uniform and continue down to the Poorly Grade Gravel with Sand and Cobbles or to the bottom of footing elevation, whichever is deeper. If any soft spots, or boulders are encountered, they will need to be removed and backfilled with structural fill. The excavation width must extend a minimum of one footing width from the outer edges of the footings, or to a distance equal to ½ the height of the required structural fill, whichever is greater. Once the excavation is completed the native soil shall be proof rolled with a large vibrating roller to an unyielding condition. Any areas that are found to be pumping or rutting shall be sub-excavated and replaced with structural fill. Structural fill is defined as all fill that will ultimately be subjected to structural loadings, such as those imposed by footings, floor slabs, pavements, etc. None of the soils encountered in the six exploratory excavations are suitable for use as structural fill. Structural fill will need to be imported for this project. Imported structural fill is recommended to be a well graded gravel with sand that contains less than 20 percent of material that will pass a No. 200 sieve and that has a maximum particle size of 3 inches. Also, the fraction of material passing the No. 40 sieve shall have a liquid limit not exceeding 25 and a plasticity index not exceeding 6. The gravel and sand particles also need to be made up of durable rock materials that will not degrade when compacted; no shale or mudstone fragments should be present. Structural fill must be placed in lifts no greater than 12 inches (uncompacted thickness) and be uniformly compacted to a minimum of 97 percent of its maximum dry density, as determined by ASTM D698. Typically the structural fill must be moisture conditioned to within + 2 percent of the materials optimum moisture content to achieve the required density. It is recommended that the structural fill be compacted with a large vibrating smooth drum roller. Please note that if a moisture-density relationship test (commonly referred to as a proctor) needs to be performed for a proposed structural fill material to determine its maximum dry density in accordance with ASTM D698, a sample of the material must be delivered to this office a minimum of three full working days prior to beginning placement of the structural fill. At no time should surface water runoff be allowed to flow into and accumulate within the excavation for the foundation elements. If necessary, a swale or berm should be temporarily constructed to reroute all surface water runoff away from the excavation. Excavation should not proceed during large precipitation events. If any of the foundation footings are found to be located on a test pit, the area will need to be excavated down to the full depth of the test pit and structural fill be placed and compacted in lifts 327 SOILS INVESTIGATION REPORT #161140 – NORTON EAST RANCH SUBDIVISION PHASE 4, BOZEMAN, MONTANA 5 to bring the area back up to the desired grade. Foundation Wall Backfill Approved backfill material should be placed and compacted between the foundation wall and the edge of the excavation. The native soils, with the exception of the organic soils, may be used as backfill along the exterior of the foundation. Foundation wall backfill may also be imported for this project. It is recommended that structural fill be used as backfill along the interior of the foundation wall in all areas that will be supporting the interior slab-on-grade. Backfill material shall not be overly moist or saturated when placed. The foundation wall backfill will need to be compacted with either walk behind compaction equipment or hand operated compaction equipment in order to avoid damaging the foundation walls. If walk behind compaction equipment is used lifts should not exceed 8-inches (loose thickness) and if hand operated compaction equipment is used lifts should not exceed 4-inches (loose thickness). Site Grading Surface water should not be allowed to accumulate and infiltrate the soil near the foundation. Proper site grading will ensure surface water runoff is directed away from the foundation elements and will aid in the mitigation of excessive settlement. Please find the following as general site grading recommendations:  Finished grade must slope away from the building a minimum of 5 percent within the first 10 feet, in order to quickly drain ground surface and roof runoff away from the foundation walls. Please note that in order to maintain this slope; it is imperative that any backfill placed against the foundation walls be compacted properly. If the backfill is not compacted properly, it will settle and positive drainage away from the structure will not be maintained.  Permanent sprinkler heads for lawn care should be located a sufficient distance from the structure to prevent water from draining toward the foundation or saturating the soils adjacent to the foundation.  Rain gutter down spouts are to be placed in such a manner that surface water runoff drains away from the structure.  All roads, walkways, and architectural land features must properly drain away from all structures. Interior Slabs-on-Grade In preparation for any interior slabs-on-grade, the excavation must continue down through any overlying organic soil and High Plasticity Clay or to a minimum of 6 inches below the proposed bottom of slab elevation whichever is greater. If required, structural fill can then be placed and compacted to 6 inches below the bottom of slab elevation. 328 SOILS INVESTIGATION REPORT #161140 – NORTON EAST RANCH SUBDIVISION PHASE 4, BOZEMAN, MONTANA 6 For all interior concrete slabs-on-grade, preventative measures must be taken to stop moisture from migrating upwards through the slab. Moisture that migrates upwards through the concrete slab can damage floor coverings such as carpet, hardwood and vinyl, in addition to causing musty odors and mildew growth. Moisture barriers will need to be installed to prevent water vapor migration and capillary rise through the concrete slab. In order to prevent capillary rise through the concrete slab-on-grade it is recommended that 6 inches of ¾-inch washed rock (containing less than 10 percent fines) be placed and compacted once the excavation for the slab is complete. The washed rock has large pore spaces between soil particles and will act as a capillary break, preventing groundwater from migrating upwards towards the bottom of the slab. In order to prevent the upward migration of water vapor through the slab, it is recommended that a vapor barrier (such as a 15-mil visqueen moisture barrier) be installed. The vapor barrier should be pulled up at the sides and secured to the foundation wall or footing. Care must be taken during and after the installation of the vapor barrier to avoid puncturing the material, and all joints are to be sealed per the manufactures recommendations. Once the excavation for the interior slab-on-grade is completed as described in the first paragraph of this section, and the ¾ inch washed rock and moisture barriers have been properly installed, it will be acceptable to form and cast the steel reinforced concrete slab. It is recommended that interior concrete slabs-on-grade have a minimum thickness of 4 inches, unless the slab will be supporting vehicles, in which case the slab shall have a minimum thickness of 6 inches. Exterior Slabs-on-Grade For exterior areas to be paved with concrete slabs, it is recommended that, at a minimum, the topsoil and any organics be removed. The subgrade soils then need to be compacted to an unyielding condition. Then for non-vehicular traffic areas, a minimum of 6 inches of ¾-inch minus rock needs to be placed, and 4 inches of 4000 pounds per square inch (psi) concrete placed over the ¾-inch minus rock. For areas with vehicular traffic, a minimum of 9 inches of ¾-inch minus rock should be placed, followed by 6 inches of 4000 psi concrete. Exterior slabs that will be located adjacent to the foundation walls need to slope away from the structure at a minimum grade of 2 percent and should not be physically connected to the foundation walls. If they are connected, any movement of the exterior slab will be transmitted to the foundation wall, which may result in damage to the structure. Asphalt Paving Improvements For areas to be paved with asphalt, it is recommended that, as a minimum, the topsoil and any organics be removed. The native subgrade then needs to be rolled at ± 2 percent of its optimum moisture content to a minimum of 95 percent of its maximum dry density. Following compaction of the native subgrade a layer of woven geotextile (Mirafi 500X) shall be installed. Next a 12-inch layer of compacted 6-inch minus gravel needs to be placed, followed by a 3-inch layer of 329 SOILS INVESTIGATION REPORT #161140 – NORTON EAST RANCH SUBDIVISION PHASE 4, BOZEMAN, MONTANA 7 compacted 1-inch minus road mix. Both gravel courses must be compacted at ± 2 percent of their optimum moisture content to a minimum of 95 percent of their maximum dry density. A 3-inch thick layer of asphalt pavement can then be placed and compacted over this cross-section. If asphalt paving is to be placed on foundation wall backfill, the backfill must be compacted to a minimum of 95 percent of its maximum dry density, as determined by ASTM D698. It is recommended the backfill be placed in uniform lifts and be compacted to an unyielding condition as described in the section “Foundation Wall Backfill”. Construction Administration The foundation is a vital element of a structure; it transfers all of the structures dead and live loads to the native soil. It is imperative that the recommendations made in this report are properly adhered to. A representative from C&H Engineering should observe the construction of any foundation or drainage elements recommended in this report. The recommendations made in this report are contingent upon our involvement. If the soils encountered during the excavation differ than those described in this report or any unusual conditions are encountered, our office should be contacted immediately to examine the conditions and re-evaluate our recommendations. If construction and site grading take place during cold weather, it is recommended that approved winter construction practices be observed. All snow and ice shall be removed from cut and fill areas prior to site grading taking place. No fill should be placed on soils that are frozen or contain frozen material. No frozen soils can be used as fill under any circumstances. Additionally, Concrete should not be placed on frozen soils and should meet the temperature requirements of ASTM C 94. Any concrete placed during cold weather conditions shall be protected from freezing until the necessary compressive strength has been attained. Once the footings are placed, frost shall not be permitted to extend below the foundation footings, as this could heave and crack the foundation footings and/or foundation walls. It is the responsibility of the contractor to provide a safe working environment with regards to excavations on the site. All excavations should be sloped or shored in the interest of safety and in accordance with local and federal regulations, including the excavation and trench safety standards provided by the Occupational Safety and Health Administration (OSHA). Report Limitations The recommendations made in this report are based on information obtained from the test pits excavated at the locations shown on the included Test Pit Location Map. It is not uncommon for variations to occur between these points, the nature and extend of which do not become evident until additional exploration or construction is conducted. The variations may result in additional construction costs, and it is suggested that a contingency be provided for this purpose. This report is for the exclusive use of Norton Ranch Homes, and their authorized agents. In the absence of our written approval, we make no representation and assume no responsibility to 330 331 1-1 1-2 MC = 21% Fines = 90% MC = 21% Fines = 56% OL CH GP 2.0 4.0 6.5 0 TO 2 FEET: ORGANIC SOIL; (OL); dark brown to black; moist. 2 TO 4 FEET: FAT CLAY; (CH); dark gray to gray; moist; high plasticity; no diltancy; approximately 10 percent fine to medium grain sand; approximately 90 percent clayey fines; increase in sand and trace gravels with depth. 4 TO 6.5 FEET: POORLY GRADED GRAVEL WITH SAND AND COBBLES; (GP); dark brown to brown; moist; approximately 75 percent subrounded gravels; approximately 25 percent fine to medium grain sand; trace boulders with depth. Bottom of test pit at 6.5 feet. NOTES GROUND ELEVATION LOGGED BY NJS EXCAVATION METHOD Hitachi Zaxis 160 LC EXCAVATION CONTRACTOR RLS Construction GROUND WATER LEVELS: DATE STARTED 12/11/17 COMPLETED 12/11/17 AT TIME OF EXCAVATION 6.00 ft AFTER EXCAVATION --- AT END OF EXCAVATION ---DEPTH(ft)0.0 2.5 5.0 SAMPLE TYPENUMBERPAGE 1 OF 1 TEST PIT NUMBER TP 1 PROJECT NUMBER 161140 CLIENT Norton Ranch Homes, LLC PROJECT LOCATION Bozeman, Montana PROJECT NAME Norton East Ranch Subdivision GENERAL BH / TP / WELL - GINT STD US.GDT - 2/22/18 15:38 - G:\C&H\16\161140\GEOTECH\TP LOGS\161140.GPJTESTS U.S.C.S.GRAPHICLOGMATERIAL DESCRIPTION 332 OL CH GP 2.5 5.5 8.0 0 TO 2.5 FEET: ORGANIC SOIL; (OL); dark brown to black; moist. 2.5 TO 5.5 FEET: FAT CLAY; (CH); dark gray to gray; moist; high plasticity; no diltancy; approximately 10 percent fine to medium grain sand; approximately 90 percent clayey fines; increase in sand and trace gravels with depth. 5.5 TO 8 FEET: POORLY GRADED GRAVEL WITH SAND AND COBBLES; (GP); dark brown to brown; moist; approximately 75 percent subrounded gravels; approximately 25 percent fine to medium grain sand; trace boulders with depth. Bottom of test pit at 8.0 feet. NOTES GROUND ELEVATION LOGGED BY NJS EXCAVATION METHOD Hitachi Zaxis 160 LC EXCAVATION CONTRACTOR RLS Construction GROUND WATER LEVELS: DATE STARTED 12/11/17 COMPLETED 12/11/17 AT TIME OF EXCAVATION 7.00 ft AFTER EXCAVATION --- AT END OF EXCAVATION ---DEPTH(ft)0.0 2.5 5.0 7.5 SAMPLE TYPENUMBERPAGE 1 OF 1 TEST PIT NUMBER TP 2 PROJECT NUMBER 161140 CLIENT Norton Ranch Homes, LLC PROJECT LOCATION Bozeman, Montana PROJECT NAME Norton East Ranch Subdivision GENERAL BH / TP / WELL - GINT STD US.GDT - 2/22/18 15:38 - G:\C&H\16\161140\GEOTECH\TP LOGS\161140.GPJU.S.C.S.GRAPHICLOGMATERIAL DESCRIPTION 333 OL CH GP 2.0 6.0 9.5 0 TO 2 FEET: ORGANIC SOIL; (OL); dark brown to black; moist. 2 TO 6 FEET: FAT CLAY; (CH); dark gray to gray; moist; high plasticity; no diltancy; approximately 10 percent fine to medium grain sand; approximately 90 percent clayey fines; increase in sand and trace gravels with depth. 6 TO 9.5 FEET: POORLY GRADED GRAVEL WITH SAND AND COBBLES; (GP); dark brown to brown; moist; approximately 75 percent subrounded gravels; approximately 25 percent fine to medium grain sand; trace boulders with depth. Bottom of test pit at 9.5 feet. NOTES Monitoring Well 1 GROUND ELEVATION LOGGED BY NJS EXCAVATION METHOD Hitachi Zaxis 160 LC EXCAVATION CONTRACTOR RLS Construction GROUND WATER LEVELS: DATE STARTED 12/11/17 COMPLETED 12/11/17 AT TIME OF EXCAVATION 7.50 ft AFTER EXCAVATION --- AT END OF EXCAVATION ---DEPTH(ft)0.0 2.5 5.0 7.5 SAMPLE TYPENUMBERPAGE 1 OF 1 TEST PIT NUMBER TP 3 PROJECT NUMBER 161140 CLIENT Norton Ranch Homes, LLC PROJECT LOCATION Bozeman, Montana PROJECT NAME Norton East Ranch Subdivision GENERAL BH / TP / WELL - GINT STD US.GDT - 2/22/18 15:38 - G:\C&H\16\161140\GEOTECH\TP LOGS\161140.GPJU.S.C.S.GRAPHICLOGMATERIAL DESCRIPTION 334 OL CH GP 2.0 4.0 9.0 0 TO 2 FEET: ORGANIC SOIL; (OL); dark brown to black; moist. 2 TO 4 FEET: FAT CLAY; (CH); dark gray to gray; moist; high plasticity; no diltancy; approximately 10 percent fine to medium grain sand; approximately 90 percent clayey fines; increase in sand and trace gravels with depth. 4 TO 9 FEET: POORLY GRADED GRAVEL WITH SAND AND COBBLES; (GP); dark brown to brown; moist; approximately 75 percent subrounded gravels; approximately 25 percent fine to medium grain sand; trace boulders with depth. Bottom of test pit at 9.0 feet. NOTES Monitoring Well 2 GROUND ELEVATION LOGGED BY NJS EXCAVATION METHOD Hitachi Zaxis 160 LC EXCAVATION CONTRACTOR RLS Construction GROUND WATER LEVELS: DATE STARTED 12/11/17 COMPLETED 12/11/17 AT TIME OF EXCAVATION 7.00 ft AFTER EXCAVATION --- AT END OF EXCAVATION ---DEPTH(ft)0.0 2.5 5.0 7.5 SAMPLE TYPENUMBERPAGE 1 OF 1 TEST PIT NUMBER TP 4 PROJECT NUMBER 161140 CLIENT Norton Ranch Homes, LLC PROJECT LOCATION Bozeman, Montana PROJECT NAME Norton East Ranch Subdivision GENERAL BH / TP / WELL - GINT STD US.GDT - 2/22/18 15:38 - G:\C&H\16\161140\GEOTECH\TP LOGS\161140.GPJU.S.C.S.GRAPHICLOGMATERIAL DESCRIPTION 335 OL CH GP 2.0 5.5 9.0 0 TO 2 FEET: ORGANIC SOIL; (OL); dark brown to black; moist. 2 TO 5.5 FEET: FAT CLAY; (CH); dark gray to gray; moist; high plasticity; no diltancy; approximately 10 percent fine to medium grain sand; approximately 90 percent clayey fines; increase in sand and trace gravels with depth. 5.5 TO 9 FEET: POORLY GRADED GRAVEL WITH SAND AND COBBLES; (GP); dark brown to brown; moist; approximately 75 percent subrounded gravels; approximately 25 percent fine to medium grain sand; trace boulders with depth. Bottom of test pit at 9.0 feet. NOTES Monitoring Well 3 GROUND ELEVATION LOGGED BY NJS EXCAVATION METHOD Hitachi Zaxis 160 LC EXCAVATION CONTRACTOR RLS Construction GROUND WATER LEVELS: DATE STARTED 12/11/17 COMPLETED 12/11/17 AT TIME OF EXCAVATION 8.50 ft AFTER EXCAVATION --- AT END OF EXCAVATION ---DEPTH(ft)0.0 2.5 5.0 7.5 SAMPLE TYPENUMBERPAGE 1 OF 1 TEST PIT NUMBER TP 5 PROJECT NUMBER 161140 CLIENT Norton Ranch Homes, LLC PROJECT LOCATION Bozeman, Montana PROJECT NAME Norton East Ranch Subdivision GENERAL BH / TP / WELL - GINT STD US.GDT - 2/22/18 15:38 - G:\C&H\16\161140\GEOTECH\TP LOGS\161140.GPJU.S.C.S.GRAPHICLOGMATERIAL DESCRIPTION 336 OL CH GP 2.0 5.0 9.0 0 TO 2 FEET: ORGANIC SOIL; (OL); dark brown to black; moist. 2 TO 5 FEET: FAT CLAY; (CH); dark gray to gray; moist; high plasticity; no diltancy; approximately 10 percent fine to medium grain sand; approximately 90 percent clayey fines; increase in sand and trace gravels with depth. 5 TO 9 FEET: POORLY GRADED GRAVEL WITH SAND AND COBBLES; (GP); dark brown to brown; moist; approximately 75 percent subrounded gravels; approximately 25 percent fine to medium grain sand; trace boulders with depth. Bottom of test pit at 9.0 feet. NOTES Monitoring Well 4 GROUND ELEVATION LOGGED BY NJS EXCAVATION METHOD Hitachi Zaxis 160 LC EXCAVATION CONTRACTOR RLS Construction GROUND WATER LEVELS: DATE STARTED 12/11/17 COMPLETED 12/11/17 AT TIME OF EXCAVATION 5.50 ft AFTER EXCAVATION --- AT END OF EXCAVATION ---DEPTH(ft)0.0 2.5 5.0 7.5 SAMPLE TYPENUMBERPAGE 1 OF 1 TEST PIT NUMBER TP 6 PROJECT NUMBER 161140 CLIENT Norton Ranch Homes, LLC PROJECT LOCATION Bozeman, Montana PROJECT NAME Norton East Ranch Subdivision GENERAL BH / TP / WELL - GINT STD US.GDT - 2/22/18 15:38 - G:\C&H\16\161140\GEOTECH\TP LOGS\161140.GPJU.S.C.S.GRAPHICLOGMATERIAL DESCRIPTION 337 338 1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768 www.chengineers.com • E-Mail: info@chengineers.com Civil/Structural Engineering and Surveying August 24, 2017 Bozeman Public School District Attn: Todd Swinehart, PE, Director of Facilities P.O. Box 520 Bozeman, MT 59771-0520 RE: Proposed Norton East Ranch Subdivision, Phase 4; Laurel Parkway and Fallon Street, Bozeman, MT (161004) Dear Mr. Swinehart, Enclosed please find a copy of the preliminary layout of the Norton East Ranch Subdivision, Phase 4. The subdivision proposes to subdivide two existing parcels to create 9 affordable residential single-family lots, 4 large multi-family lots, and 6 residential-office lots. The subdivision will be accessed from Fallon Street and Laurel Parkway within the existing Norton East Ranch Subdivision. The subdivision is currently zoned R-4 (high density residential) and R-O (residential office). At minimum required zoning densities, the 4 multi-family lots would have 44 dwelling units, and the 6 residential-office lots would have 35 dwelling units. This results in a total of 88 dwelling units within the proposed subdivision. We are presently preparing an Environmental Assessment/Community Impact Statement for inclusion in the preliminary plat submittal, and are requesting your help. Please review the proposed layout and provide your written comments addressing the effects this project may have on the community and your ability to provide services to the area. The State of Montana Subdivision Regulations require written comments on the services which will be affected by new development. We appreciate your assistance and prompt reply. Please contact our office if you have any questions. Thank you. Sincerely, Matt Hausauer, P.E. Enc. Norton East Ranch Subdivision, Phase 4 Preliminary Layout G:\C&H\16\161140\PLAT - PRELIMINARY\IMPACT LETTERS\161004_RESPONSE LETTER.DOC 339 ∆∆BLOCKOPEN SPACE(SF)LOTS (SF) TOTAL (SF)LOT R2(REMAINDER)111213ROWTOTAL340 ∆341 _______________________________________________________________________________________________________ August 31, 2017 Matt Hausauer, P.E. C&H Engineering and Surveying Inc. 1091 Stoneridge Drive Bozeman, MT 59718 Via email: mhausauer@chengineers.com Subject: Norton Ranch Subdivision, Phase 4 Dear Mr. Hausauer, Referencing your letter received August 29, 2017 concerning the evaluation of the subject development. Bozeman Public Schools would expect that the 88 dwelling units calculated for this development would generate the following students: ♦ Pre-K to 5th 20 Students ♦ 6th to 8th 10 Students ♦ 9th to 12th 14 Students As of this date, the proposed development will be in the Meadowlark Elementary School, Chief Joseph Middle School and Bozeman High School attendance areas. Our elementary schools are nearing capacity, and the added enrolment for the proposed development could likely necessitate the need for Elementary #9. This need would be dependent on the successful passage of a future bond initiative for the design and construction for the school. The recent addition and expansion at Sacajawea Middle School will accommodate the proposed enrolment increase at the middle school level, as will the development of the second high school, which is currently underway. Population growth and demographic shifts in the future may necessitate boundary realignments to existing schools, which could modify the designated attending schools. Similarly, if a designated school attendance area’s student population exceeds the school’s capacity, attendance at an alternate school may be required. Infrastructure, such as sidewalks, should be constructed for the entire project irrespective of when actual homes are developed to provide a Safe Route to School pathway for students to safely traverse the developed and existing roadways. Our existing bus system can accommodate the estimated number of additional students. Please let us know if there are any changes to the proposed development as this could modify the above student projections. Sincerely, Todd Swinehart, PE cc: Steve Johnson, Deputy Superintendent of Operations – Bozeman Public Schools Vance Ruff, Transportation Coordinator – Bozeman Public Schools Todd Swinehart, PE Director of Facilities (406) 522-6009 todd.swinehart@bsd7.org Bozeman Public Schools 404 West Main, PO Box 520 Bozeman, MT 59771-0520 www.bsd7.org 342 343 1 Matt Hausauer From:Cunningham, Julie <juliecunningham@mt.gov> Sent:Wednesday, September 6, 2017 7:50 AM To:Matt Hausauer; Moser, David Subject:RE: Norton East Ranch Subdivision, Phase 4 Hi Matt –   Although I have seen mule deer in this vicinity, it is not in critical winter range and it is in an urban matrix surrounded by  other developments.  Therefore, I have no major concerns related to wildlife impact from this proposed development.  Julie    Julie Cunningham  Bozeman Area Wildlife Biologist   Montana Fish, Wildlife and Parks  1400 S. 19th Ave  Bozeman, MT 59718  (406) 994‐6341  (406) 994‐4090 (fax)    From: Matt Hausauer [mailto:mhausauer@chengineers.com]   Sent: Tuesday, August 29, 2017 11:04 AM  To: Cunningham, Julie <juliecunningham@mt.gov>; Moser, David <davemoser@mt.gov>  Subject: Norton East Ranch Subdivision, Phase 4    Hi Julie and Dave,    Could you please review and comment on the attached letter and preliminary plat for the proposed Norton East Ranch  Subdivision, Phase 4? Please let me know if you have any questions.    Thanks!  Matt Hausauer, P.E.  Civil Engineer    www.chengineers.com   "This message and/or attachment contains confidential information. Distribution of this information must be only to those of C&H Engineering and Surveying, Inc employees or individuals contractually approved to receive this information. If you are not the addressee and/or are not authorized to receive this for the addressee, you must not use, copy, disclose,forward, print or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message."   344 WATERS OF THE US DELINEATION REPORT NORTON EAST RANCH – WETLAND 1 BOZEMAN, MONTANA September 8, 2017 Prepared for: Kevin Spencer Norton East Ranch Bozeman, MT Prepared by: 345 TABLE OF CONTENTS SECTION PAGE 1.0 PROJECT DESCRIPTION ......................................................................................... 1 1.1 Site Waterways ...................................................................................................... 2 1.2 Climate ................................................................................................................... 2 2.0 WETLAND DELINEATION METHODS ..................................................................... 6 2.1 Methods .................................................................................................................. 6 2.2 Technical Criteria .................................................................................................... 6 3.0 WETLAND DELINEATION RESULTS ...................................................................... 9 3.1 NRCS Soil Survey Results ...................................................................................... 9 3.2 W-1 – Lower Perennial Riverine ............................................................................. 9 4.0 SUMMARY ............................................................................................................... 11 5.0 REFERENCES ......................................................................................................... 12 FIGURE 1.0 - Aerial Photograph showing location of pipe outlet on Aajker Creek .............. 3 FIGURE 2.0 - USGS 7.5’ Bozeman Quadrangle Topographic Map ..................................... 4 FIGURE 2.0 - National Wetland Inventory Map .................................................................... 5 TABLE 1.0 - Summary of Attributes for W-1 delineated on Phase 4 property ................ 11 APPENDIX A - Routine Wetland Determination Data Forms APPENDIX B - Natural Resource Conservation Service Soil Survey APPENDIX C - Photo Log APPENDIX D - Preliminary Plat of Norton East Ranch Subdivision, Phase 4 346 Waters of the US Delineation Report – Norton East Ranch – W-1 1 1.0 PROJECT BACKGROUND A Waters of the US delineation was completed on September 7, 2017, on an historic straightened channel (W-1) located on the east boundary of Phase 4 of Norton East Ranch Subdivision. The Bozeman platting process for Phase 4 requires the identification of watercourses and wetlands within the parcel boundaries. The W-1 channel and wetland fringe will not be impacted by development and will be protected within 50-foot watercourse setbacks. The wetland delineation extended from Fallon Street to Huffine Lane (Sheet 1 of 3) of the enclosed Preliminary Plat of Norton East Ranch Subdivision, Phase 4. The Phase 4 preliminary plat boundary extends just 200 feet south of Fallon Street. The Phase 4 wetland and plat boundaries are highlighted on Sheet 2 of 3 of the Preliminary Plat map included in Appendix D. Wetland 1 (W-1) was originally delineated in 2006 as part of the 404 permit for Norton East Ranch Corps File No. NWO-2007-01084-MTH. The wetland was delineated again in 2009 to permit impacts associated with the construction of Fallon Street and West Babcock Streets. The Norton property is located north of Huffine Lane and south of Durston Road in Bozeman, legally described as the Southeast ¼ of Section 7, Township 1 South, Range 5 East, PMM, Gallatin County, Montana. The project location is shown on the aerial photograph in Figure 1 and the USGS map in Figure 2. Prior to 2010, surface water flowed north in the W-1 channel to the Fallon Street ROW, where it was diverted east to Baxter Creek. The channel segment that connected the W-1 channel to Baxter Creek was permitted to be completely filled but was only partially filled in 2010 for the construction of Fallon Street. The water source for the channel was an historic depression wetland located south of Huffine Lane. The development of Loyal Garden Subdivision located south of Huffine has eliminated most of the wetland except for a 25 square foot wetland in the borrow ditch at the culvert inlet. The September 2017 investigation of the area south of Huffine Lane did not identify a water source for W-1, although surface water was apparent at the culvert outlet north of Huffine at the head of the W-1 channel. Groundwater provides a majority of the wetland hydrology. Morrison-Maierle, Inc. Environmental Services Group completed the original delineation of waterways and wetlands on the 245.6-acre parcel owned by Norton Properties, LLC, on October 13 and 14, 2006. This channel was identified as W-1 on the original delineation map. A second delineation of the area was completed by Vaughn Environmental Services for JC Billion on May 26 and 27, 2009. The impact acreage associated with the Billion 404 permit was later transferred to the Norton 404 Permit. The 404 permit application form for Norton Ranch addressing 1.0 acre of wetland impact located onsite and offsite, was sent to the Helena US Army Corps of Engineers (USACE) office on April 3, 2007. The original permit was authorized on April 28, 2008. The north-south segment of W-1 was to remain un-impacted. The discharge of fill material in the west-east segment of the channel located within the Fallon Street ROW was authorized to allow for construction of Fallon Street. The road was constructed in 2010. The channel and associated wetland fringe were only partially eliminated in the Fallon Street ROW. Surface water currently accumulates on the south side of the road. A 50-foot segment of the channel still exists west of Baxter Creek. This segment was dry during the September 2017 investigation. Compensatory mitigation was completed within the Norton East Ranch property boundaries consisting of enhancement of 8.68 acres of a palustrine wetland, maintenance of an upland buffer of 25 feet around the perimeter of the enhanced wetland, and preservation of 4.0 acres of the Baxter Creek riparian corridor. This Waters of the US Delineation Report documents the project background, methodology used to identify the boundaries of W-1, and findings of the field investigation. Three Wetland Determination Data Forms recording data collected on one paired wetland and 347 Waters of the US Delineation Report – Norton East Ranch – W-1 2 upland data point and an additional upland data point are included in Appendix A. Soil mapping information for the project is included in Appendix B and photos of the site are included in Appendix C. The Preliminary Plat Map of Norton East Ranch Subdivision, Phase 4, included in Appendix D shows the location of the soil test pits and boundaries of the W-1 channel and wetland fringe. The Wetland Delineation Report will be submitted to the City of Bozeman as part of the Bozeman Wetland Review and City plat approval process. Wetland one W-1 will not be impacted by the Phase 4 development. A 50-foot watercourse setback has been established from the edge of the W-1 wetland fringe. The land was historically flood irrigated and a majority of the undeveloped acreage is currently used for grass hay cultivation. The land north of the subdivision has been developed into single and multi-family residential housing. The land west will be subdivided into residential lots. Huffine Lane parallels the south boundary and Fallon Street parallels the north boundary of this parcel. Wetland 1 (W-1) is mapped within the Meadowcreek loam (510B) found on floodplains, flood plain steps, drainageways, and stream terraces with 0 to 4 percent slopes (Appendix B - USDA/NRCS 2015). 1.1 SITE WATERWAYS The W-1 channel is not identified on the National Wetland Inventory map on Figure 3 or the Gallatin Conservation District (GCCD) 310 jurisdictional map. It was determined to be a water of the US as verified in a letter written by Allan Steinle of the Army Corps to Norton East Ranch (Corps File No. 2007-1084-MTH) dated November 28, 2006. The historic channel was diverted east at the Fallon Street ROW, discharging to Baxter Creek located 300 feet east of the channel. The channel segment that connected W-1 to Baxter Creek was partially filled for the construction of Fallon Street. There was no continuous channel or surface water connection from W-1 to Baxter Creek during the September 2017 investigation 1.2 CLIMATE The Bozeman area climate generally resembles that of a middle latitude steppe, with relatively long cold winters and short cool summers (Pac 1991). The region comprises a mountain complex within the steppe region, resulting in orographic effects that produce a local, cooler and wetter climate. Peak runoff generally occurs during the spring from snowmelt and combined snowmelt/rainfall events. These events produce relatively long periods of runoff. Summer thunderstorms also contribute to peak runoff although they are generally short in duration. The annual pattern of precipitation typically results in increasing precipitation from March to a peak in June, a decline through mid summer, another increase in late August to a second, smaller peak in September, followed by a general decline to the yearly low in February (Pac et al 1993). The annual temperature regime of the study area is generally characterized by significant seasonal variations. Winters are typically long and cold with subfreezing average temperatures from November to March. Average annual precipitation ranges from 13 inches per year at the lower elevations to 50 inches per year at the higher elevations in the Bridger Range north of Bozeman (NRCS 1972). Although the average annual precipitation is low enough to classify most of the area as semi-arid, about 70 percent of the annual total precipitation normally falls during the April to September growing season. Elevations in the study area range from 4,838 to 4,821 feet above mean sea level (amsl). The closest meteorological station to the study area is Montana State University located approximately 3.4 miles southeast of the project at 4,860 feet amsl. Records from 1961 to 1990 indicate that the average annual precipitation is 19.25 inches with an average total snowfall of 92.1 inches. The average temperature for the predominant soil series, the Meadowcreek loam (510B), is 42.8 degrees Fahrenheit (USDA 1990) and the mean annual precipitation rate is 12 inches. 348 Waters of the US Delineation Report – Norton East Ranch – W-1 3 Figure 1.0 Aerial photograph showing the location of W-1 channel. Baxter Creek is shown east of W-1. 349 Waters of the US Delineation Report – Norton East Ranch –W-1 4 Figure 2.0 USGS 7.5 minute Bozeman Quadrangle Topographic Map showing general location of W-1, located west of Baxter Creek and north of Huffine Lane. 350 Waters of the US Delineation Report – Norton East Ranch – W-1 5 Figure 3. National Wetland Inventory map showing aerial of W-1 channel. Baxter Creek is identified as a PEM east of W-1. 351 Waters of the US Delineation Report – Norton East Ranch – W-1 6 2.0 WETLAND DELINEATION METHODS 2.1 METHODS The boundaries of the channel associated with W-1 were identified on September 7, 2017, using methodology developed by the USACE and other federal agencies for implementation of Section 404 of the Clean Water Act. Delineation procedures involved a review of existing site-specific information and completion of an onsite field investigation based on guidelines for the Routine Determination Method presented in the Field Guide for Wetland Delineation (Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE 2010). The field investigation was completed for the landowner to identify the location, extent, and characteristics of jurisdictional WUS associated with W-1 for compliance with United States Army Corps of Engineers (USACE) regulations. The USACE requires a permit for the discharge of fill material into WUS in accordance with Section 404 of the Clean Water Act (CWA 1986). A Supreme Court 2001 decision in the case of the Solid Waste Agency of Northern Cook County versus US Army Corps of Engineers (SWANCC) limited the federal authority under the Clean Water act to regulate certain isolated wetlands. In light of the Court’s decision, WUS as it applies to the jurisdictional limits of the authority of the USACE include the area below the ordinary high water mark (OHWM) of stream channels and lakes or ponds connected to the tributary system, and wetlands adjacent to these waters. The jurisdictional status of wetlands depends on the presence or absence of a connection and/or proximity (meaning bordering, contiguous, or neighboring) to waters of the US. The Routine Level-2 Onsite Determination Method employs primarily qualitative procedures. Sample plots (approximately a 15-foot radius) are established within potential wetlands based on changes in plant communities, plant diversity, topography, and soil type. Data points are generally located parallel to watercourses, perpendicular to the apparent groundwater hydraulic gradient, and/or along topographical breaks. Vegetation composition, hydrology, and soil characteristics are assessed at each data collection point. If all three parameters exhibit positive wetland indictors, the area represented by the sample plot is classified as wetland. If any one of the parameters does not display a positive indicator, the area is classified as a non-wetland or upland unless the wetland is atypical or problematic. The jurisdictional authority of the USACE over wetlands identified in the field depends on the presence or absence of a surface water connection and/or proximity to waters of the US. Three Wetland Determination Data Forms recording data from paired upland and wetland (SP-1 and SP-2) collection points and an additional upland data point are included in Appendix A. 2.2 TECHNICAL CRITERIA A wetland must meet three technical criteria for it to be categorized as jurisdictional. The USACE (259 Federal Register 853532) and the Environmental Protection Agency (47 FR 31810) jointly define wetlands as “areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” The following conditions must be present for an area to be considered a jurisdictional wetland. 1. Hydrophytic Vegetation: Defined as plant species normally or commonly adapted to saturation of sufficient duration to cause anaerobic conditions in the root zone. 2. Wetland Hydrology: Defined as hydrology supported by sources of water that result in saturated, flooded, or ponded soil conditions. 352 Waters of the US Delineation Report – Norton East Ranch – W-1 7 3. Hydric Soils: Defined as soil that forms under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (59 Fed. Reg. 35680, 7/13/94). Hydrophytic Vegetation Plants must be physiologically or morphologically adapted to saturated or anaerobic soil conditions to grow in wetlands. The USACE and the US Fish and Wildlife Service (USFWS) have determined the estimated probability of finding representative wetland species within specified areas under natural conditions. Accordingly, plants may be categorized as obligate (OBL), facultative wetland (FACW), facultative (FAC), facultative upland (FACU), or upland (UPL) in decreasing order of moisture dependence or tolerance. Obligate species occur greater than 99 percent of the time in a wetland. Facultative wetland species have a 67 to 99 percent probability of occurring in a wetland. Facultative species exhibit a 34 to 67 percent probability of occurring in a wetland. Facultative upland species have a 67 to 99 percent probability of occurring in a non-wetland and upland species have a greater than 99 percent probability of occurring in a non-wetland. Species with an indicator status of OBL, FACW, or FAC are considered hydrophytic. Vegetation indicator status for this investigation was derived from the Western Mountains, Valleys, and Coast 2016 Regional Wetland Plant List (Lichvar et al 2016). Taxonomic references included Dorn 1984, Hitchcock 1971, Lackschewitz 1991, and Lesica and Husby 2001. The name and indicator status of individual species within each vegetation stratum was recorded on the data form in descending order of abundance (Appendix A). Under the dominance test introduced in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE 2010), a sample plot is classified as having wetland vegetation if the cumulative total of the estimated percent cover for the dominant hydrophytic species exceeds 50 percent and 50 percent or greater of the dominant species have a hydrophytic indicator status. The Regional Supplement also introduced the Prevalence Index, Morphological Adaptations, and Wetland Non-Vascular plants as indicators of hydrophytic vegetation only when indicators of hydric soil and wetland hydrology are also present. Wetland Hydrology Technical criteria for wetland hydrology guidelines have been established as “permanent or periodic inundation, or soil saturation within 12 inches of the ground surface for a significant period (usually 14 days or more or 12.5 percent of the growing season) during the growing season” (Environmental Laboratory 1987). The minimum duration required for soil saturation is five percent of the growing season in consecutive days. Inundation or saturation for periods less than 5 percent of the growing season is evidence of non-wetland conditions. Systems with continuous inundation or saturation between 5 and 12.5 percent of the growing season may or may not be jurisdictional wetlands based on other criteria. The growing season is defined for purposes of this report as the number of days where there is a 50 percent probability that the minimum daily temperature is greater than or equal to 28° Fahrenheit (Environmental Laboratory 1987). The Bozeman growing season extends from May 5 to October 1 according to the WETS Bozeman Climate data. Approximately 19 days of saturation would meet the wetland hydrology criterion for a specific wetland. Either direct observations of inundation or well data showing a free water surface at depths less than 12 inches continuously for more than 5 percent of the growing season have been used nationally to distinguish active wetland hydrology. Surface water, groundwater, direct precipitation, and/or snowmelt may contribute to wetland hydrology. Field observations were used to determine existing wetland hydrology. A positive indication of wetland hydrology requires either one primary indicator or two or more secondary indicators. The Regional 353 Waters of the US Delineation Report – Norton East Ranch – W-1 8 Supplement for the Western Mountains area lists the primary indicators as surface water, high water table, saturation, water marks, sediment deposits, drift deposits, algal mat or crust, iron deposits, surface soil cracks, inundation visible on aerial imagery, sparsely vegetated concave surface, water stained leaves, salt crust, aquatic invertebrates, hydrogen sulfide odor, oxidized rhizospheres along living roots, presence of reduced iron, recent iron reduction in tilled soils, and stunted or stressed plants. Secondary indicators include water-stained leaves, drainage patterns, dry-season water table, saturation visible on aerial imagery, geomorphic position, shallow aquitard, FAC-neutral test, raised ant mounds, and frost-heave hummocks. Hydric Soils Soil is considered saturated when the capillary fringe occurs within a major portion of the root zone (within 12 inches of the surface). The Natural Resource Conservation Service (NRCS), formerly the Soil Conservation Service (SCS), in cooperation with the National Technical Committee for Hydric Soils (NTCHS), has compiled a list of hydric soils in the United States. The list identifies soil series mapped by the NRCS that meet the hydric criteria. Upland (non- wetland) soils may have inclusions of hydric soils that may not be demarcated on NRCS maps. Field examination of site-specific soil characteristics is necessary to confirm the presence of hydric soils. The profile description presented on the data form reflects site soil conditions as determined from soil pits, not the NRCS designation. The NRCS soil survey information reviewed for the project area is included in Appendix B. Hydric soils exhibit certain physical characteristics that can be observed visually. These characteristics, or indicators, include high organic matter content (histic epipedons), accumulation of sulfidic material, gley formation (greenish or bluish gray color), redoximorphic features (mottling), and low soil chromas (dark soil colors – soil chroma). Organic matter content is estimated visually and texturally; redoximorphic features are identified visually; sulfidic material is identified by the odor of sulfide gases; and soil colors are determined using a Munsell soil color chart (Munsell 1988). The colorimetric determination is to be made immediately below the “A” horizon or 10 inches whichever is less. The Regional Supplement for Western Mountains introduced new classifications for hydric soil indicators based on the soil type (organic, muck or mineral), soil matrix, and type of redoximorphic features such as concentrations, depletions, reduced matrix, or covered or coated sand grains. The full description of each category is included in Chapter Three of the Regional Supplement for the Western Mountains area. Wetland soils can be assumed to be present in any plant community where all the dominant species have an indicator status of OBL or FACW, and the wetland boundary is abrupt (Environmental Laboratory 1987). 354 Waters of the US Delineation Report – Norton East Ranch – W-1 9 3.0 WETLAND DELINEATION RESULTS A site investigation to determine the boundaries of waters of the US (WUS) associated with W-1 was completed by VES on September 7, 2017. C&H Engineering and Surveying, LLC, surveyed the demarcated boundaries and soil test pit locations using a global positioning system (GPS). Site-specific wetland parameters are described on the Wetland Determination Data Forms included in Appendix A. The Preliminary Plat Map for Phase 4 included in Appendix D shows the soil test pit locations and WUS boundaries. Wetland 1 (W-1) was excavated as a straight irrigation ditch and was classified in 2009 as a riverine, lower perennial, wetland under the Hydrogeomorphic system (Smith et al 1995) and a riverine, lower perennial, rock bottom wetland under the Cowardin system (Cowardin et al 1979). Surface water was observed on the ground surface of a reed canary grass dominated meadow that extends west from the channel near Huffine. The original source of water for W-1, a depression wetland south of Huffine Lane, has been eliminated except for a less than 25 square foot depression at the culvert inlet. Surface water was observed from the culvert outlet north of Huffine to Fallon Street. The upgradient surface water source south of Huffine was not evident. Groundwater likely provides a majority of the current source of water for W-1. Surface water was evident in the channel until it reaches Fallon where the water diffuses and the channel is poorly defined. There was not a visible surface water connection from W-1 to Baxter Creek during the September 7 investigation. Section 3.1 discusses the Natural Resource Conservation Service (NRCS) soil survey results for the project site. The wetland characteristics of W-1 are described in Section 3.2. The Wetland Determination Data forms are included in Appendix A and the NRCS soil map and soil descriptions are included in Appendix B. Photographs of the site WUS are included in Appendix C. The map in Appendix D shows the W-1 boundaries and soil test pit locations. 3.1 NRCS SOIL SURVEY RESULTS The web soil survey for Gallatin County (USDA/NRCS 2015) maps W-1 within the Meadowcreek loam (510B) map unit found on 0 to 4 percent slopes (Appendix B). The soil map unit consists of very deep, somewhat poorly drained soils, formed in alluvium. The soils are found on stream terraces, drainageways, flood plains, and flood plain steps. The soil series is taxonomically classified as a fine-loamy over sandy or sandy-skeletal, mixed, superactive, frigid Fluvaquentic Haplustolls. The soil is hydric by virtue of the aquic suborder. 3.2 W-1 – LOWER PERENNIAL RIVERINE The Preliminary Plat Map of Norton Ranch, Phase 4 demarcates the limits of the W-1 channel and wetland fringe within the Phase 4 boundaries. The channel parallel to the fence boundary is 2 to 3 feet wide and 0.5 foot deep. The wetland extends south outside the Phase 4 mapped boundaries to Huffine Lane. Test pit SP-1 was located in upland at the north edge of the mowed hay field and south of W-1 near Fallon Street where surface water accumulates at the road’s edge. Test pit SP-2 was located within the wetland approximately 30 feet east of SP-1. Test pit SP-3 was located in upland north of the reed canary grass dominated meadow at the south end of W-1. Vegetation Upland test pit SP-1 located in the mowed hay field was dominated by reed canary grass (Phalaris arundinacea – FACW) and smooth brome (Bromus inermis – FAC). Lamb’s quarters (Chenopodium album – FACU) and Canadian thistle (Cirsium arvense – FAC) were present at lower cover percentages. The vegetation did not meet the dominance or prevalence tests. Reed canary grass dominated the cover at SP-2, the wetland pit located within a bare area near the 355 Waters of the US Delineation Report – Norton East Ranch – W-1 10 center of the broader wetland at the north end of the channel. One hundred percent of the dominant species were hydrophytic. Reed canary grass and smooth brome dominated the cover at SP-3. The cover did not meet the dominance and prevalence tests. Soil Upland test pit SP-1 exhibited a dark grayish brown silt loam (10 YR 4/2) from 0 to 12 inches below the ground surface (bgs). No redoximorphic features were observed. The soil was very dry and hard packed precluding deeper excavation. Upland test pit SP-3 exhibited a very dark grayish brown silt loam (10YR 3/2) without redox features from 0 to 12 inches. The soil in the upland test pits did not meet the hydric soil criteria. Wetland test pit SP-2 revealed a brownish black silt loam (10 YR 2/2) from 0 to 12 inches bgs with 5 percent yellowish brown (10 YR 5/6) redoximorphic concentrations. The soil met the criteria for a redox dark surface hydric soil. Hydrology No indicators of wetland hydrology were observed at either upland test pit, SP-1 and SP- 3. Surface soil cracks and sparsely vegetated concave surface were observed at the SP-2 wetland test pit. Ponded surface water was observed in the lower elevations of the wetland that broadens out at Fallon Street, in the north/south channel, and in the reed canary grass dominated wetland fringe at the south end of W-1. 356 Waters of the US Delineation Report – Norton East Ranch – W-1 11 4.0 SUMMARY The surface water source, a depression wetland on the Visser property, for the W-1 channel located south of Huffine Lane has been eliminated. Nonetheless, surface water was visible at the culvert outlet north of Huffine and at the beginning of the W-1 channel. The W-1 channel and surface water connection to Baxter Creek was partially filled in 2010 during the construction of Fallon Street. The W-1 channel will remain in place and will be protected within 50-foot setbacks as part of the development of Phase 4 of Norton Ranch. Table 1.0 Summary of Attributes for W-1 delineated on Norton East Ranch property. Wetland Designation Hydrogeomorphic Class (Smith) Jurisdictional Status W-1 Historic Channel and Wetland Fringe Lower Perennial Riverine Jurisdictional 357 Waters of the US Delineation Report – Norton East Ranch – W-1 12 5.0 REFERENCES Clean Water Act, Section 404. 1986. Federal Register - Regulatory Programs of the Corps of Engineers. Cowardin, Lewis M., Virginia Carter, Francis C. Golet, and Edward T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. Office of Biological Services, Fish and Wildlife Services, USDI, Washington, DC. Dorn, R.D. 1984. Vascular Plants of Montana. Mountain West Publishing, Wyoming. Environmental Laboratory 1987. “Corps of Engineers Wetland Delineation Manual,” Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksbrug, Miss. Hitchcock, A.S. 1971. Manual of the Grasses of the United States, Volume One and Two. Dover Publications, New York. Lackschewitz, K. 1991. Vascular Plants of West-Central Montana – Identification Guidebook. General Technical Report –277. Intermountain Research Station. USDA, Forest Service. Missoula, MT. Lichvar et al, 2016, R. W., D. L.Banks, W.N. Kirchner and N.C. Melvin 2016. The National Wetland Plant List 2016 wetland ratings. Phytoneuron 2016-30: 1-17. Published 28 April 2016. ISSN 2153 733X. Lesica, P., P. Husby. 2001. Field Guide to Montana’s Wetland Vascular Plants. USDA Natural Resources Conservation Service, Bozeman, MT Munsell. 1988. Soil Color Charts. New Windsor, New York. Smith, R.D., A. Ammann, C. Bartoldus, and M.M. Brinson. 1995. An approach for assessing wetland functions using hydrogeomorphic classification, reference wetlands, and functional indices. Wetland Research Program Technical Report WRP-DE-9. US Army Corps of Engineers Waterways Experiment Station. Vicksburg, MS. US Department of Agriculture, Natural Resource Conservation Service 1990, WETS Climate Summary Data US Department of Agriculture Soil Conservation Service 1987. Hydric Soils of the US. In cooperation with the National Technical Committee for Hydric Soils. Washington DC. U.S. Army Corps of Engineers. 2010. Regional Supplement to theCorps of Engineers Wetland Delineation Manual: WesternMountains, Valleys, and Coast Region (Version 2.0), ed. J. S.Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3.Vicksburg, MS: U.S. Army Engineer Research and DevelopmentCenter. WEBSITES: USDA/NRCS Web Soil Survey, Gallatin County, accessed August 2017: http://websoilsurvey.nrcs.usda.gov/app/ 358 APPENDIX A WETLAND DETERMINATION DATA FORMS Waters of the US Delineation Report – Norton East Ranch – W-1 359 360 361 362 363 364 365 APPENDIX B NRCS SOIL SURVEY Waters of the US Delineation Report – Norton East Ranch – W-1 366 367 LOCATION MEADOWCREEK MT Established Series Rev. DES-WDB-JCK 05/2013 MEADOWCREEK SERIES The Meadowcreek series consists of very deep, somewhat poorly drained soils that formed in alluvium. They are on flood plains, flood-plain steps, drainageways, and stream terraces. Slopes are 0 to 4 percent. Mean annual precipitation is about 305 mm, and mean annual air temperature is about 6 degrees C. TAXONOMIC CLASS: Fine-loamy over sandy or sandy-skeletal, mixed, superactive, frigid Fluvaquentic Haplustolls TYPICAL PEDON: Meadowcreek loam, cultivated (colors are for dry soil unless otherwise noted). Ap--0 to 13 cm; grayish brown (10YR 5/2) loam, very dark grayish brown (10YR 3/2) moist; weak fine and medium subangular blocky structure; slightly hard, friable, moderately sticky and slightly plastic; many very fine roots; strongly effervescent; moderately alkaline (pH 8.0); abrupt smooth boundary. (10 to 18 cm thick) A1--13 to 25 cm; grayish brown (10YR 5/2) loam, very dark grayish brown (10YR 3/2) moist; weak medium prismatic structure parting to weak fine and medium subangular blocky; slightly hard, friable, moderately sticky and slightly plastic; common very fine roots; many fine tubular and interstitial pores; strongly effervescent; moderately alkaline (pH 8.0); clear smooth boundary. (8 to 20 cm thick) A2--25 to 38 cm; gray (10YR 5/1) silt loam, very dark gray (10YR 3/1) moist; weak medium prismatic structure; slightly hard, friable, moderately sticky and slightly plastic; common very fine roots; many very fine tubular and interstitial pores; slightly alkaline (pH 7.4); clear smooth boundary. (0 to 15 cm thick) Bg1--38 to 69 cm; light brownish gray (10YR 6/2) loam, dark grayish brown (10YR 4/2) moist; few fine distinct brown (7.5YR 5/3) moist redox concentrations; weak coarse prismatic structure; few thin very dark grayish brown (10YR 3/2) moist, layers of soil; slightly hard, friable, moderately sticky and slightly plastic; common very fine roots; many very fine tubular and interstitial pores; neutral (pH 7.0); gradual smooth boundary. (13 to 38 cm thick) Bg2--69 to 79 cm; gray (10YR 6/1) sandy loam, dark grayish brown (10YR 4/2) moist; common fine distinct brown (7.5YR 5/4) moist redox concentrations; weak coarse prismatic structure; slightly hard, friable, nonsticky and moderately plastic; common very fine roots; many very fine tubular and interstitial pores; 5 percent gravel; neutral (pH 7.2); clear smooth boundary. (0 to 12 cm thick) 2C--79 to 152 cm; varigated colors, very gravelly sand; single grain; loose, nonsticky and nonplastic; few very fine roots; 55 percent gravel; neutral (pH 7.2). TYPE LOCATION: Lewis and Clark County, Montana; 396 meters south and 610 meters east of the NW corner of sec. 8, T. 10 N., R. 3 W. Latitude is 46 degrees, 30 minutes, 35 seconds; longitude is 112 degrees, 00 minutes, 47 seconds. RANGE IN CHARACTERISTICS: Soil temperature - 5.5 to 8.3 degrees C Mollic epipedon thickness - 25 to 38 cm Depth to lithologic discontinuity - 50 to 100 cm Depth to seasonal high water table - 60 to 100 cm A horizons Hue: 10YR or 2.5Y Value: 4 or 5 dry; 2 or 3 moist Chroma: 1 or 2 368 Texture: loam, silt loam, clay loam, or silty clay loam with thin strata of sandy loam or sandy clay loam Clay content: 18 to 35 percent Rock fragments: 0 to 15 percent--0 to 10 percent gravel; 0 to 5 percent cobbles Electrical conductivity: 0 to 8 mmhos/cm Calcium carbonate equivalent: 0 to 10 percent Reaction: pH 6.6 to 8.4 Bg horizons Hue: 10YR, 2.5Y or 5Y Value: 5 or 6 dry; 3 or 4 moist Chroma: 1, 2, or 3 Texture: loam, sandy loam, sandy clay loam, or silt loam, with some thin strata of fine sandy loam Clay content: 18 to 25 percent Rock fragments: 0 to 5 percent gravel Electrical conductivity: 0 to 4 mmhos/cm Calcium carbonate equivalent: 0 to 10 percent Reaction: pH 6.1 to 8.4 2C horizon Texture: sand, coarse sand or loamy sand Clay content: 0 to 10 percent Rock fragments: 35 to 75 percent--35 to 70 percent gravel; 0 to 15 percent cobbles and stones Reaction: pH 6.1 to 8.4 COMPETING SERIES: There are no competing series. GEOGRAPHIC SETTING: Landform - flood plains, flood-plain steps, drainageways, and stream terraces Elevation - 1,067 to 1,890 meters Slope - 0 to 4 percent Parent material - alluvium Climate - long, cold winters; moist springs; warm, dry summers Mean annual precipitation - 254 to 483 mm Mean annual air temperature - 3.9 to 7.2 degrees C Frost-free period - 70 to 130 days GEOGRAPHICALLY ASSOCIATED SOILS: None listed. DRAINAGE AND PERMEABILITY: Somewhat poorly drained; moderate over very rapid permeability. USE AND VEGETATION: Meadowcreek soils are used mainly for irrigated crops. Some small areas are used for rangeland. Potential native vegetation is mainly western wheatgrass, slender wheatgrass, tall reedgrass, basin wildrye, prairie cordgrass, tufted hairgrass, sedges, and forbs. DISTRIBUTION AND EXTENT: Meadowcreek soils are of moderate extent in western Montana. MLRAs - 43B, 44B, 46, 58A. MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Bozeman, Montana SERIES ESTABLISHED: Choteau-Conrad Area, parts of Teton and Pondera Counties, Montana, 1991; proposed in Lewis and Clark County, Montana, 1979. REMARKS: Diagnostic horizons and features recognized in this pedon are: Mollic epipedon - from 0 to 38 cm (Ap, A1, and A2 horizons) Redox concentrations - 38 to 79 cm (Bg1 and Bg2 horizons) Lithologic discontinuity - at 79 cm (2C horizon) Particle-size control section - from 25 to 100 cm (A2, Bg1, Bg2, and part of the 2C horizons) Meadowcreek soils have a frigid temperature regime, an ustic moisture regime and an aquic moisture 369 subclass. Redox depletions were not recorded at the type location in 1979. The need for documentation in support of the Fluvaquentic subgroup is recognized and should be investigated. ADDITIONAL DATA: Soil interpretation record - MT0407 National Cooperative Soil Survey U.S.A. 370 APPENDIX C PHOTO LOG Waters of the US Delineation Report – Norton East Ranch – W-1 371 Photo 1. The photo is looking northeast at SP-1 located in upland south of W-1 and Fallon Street. Photo 2. The view is of SP-2, within the base of W-1 where water from the channel disperses at Fallon Street. 372 Photo 3. The view is looking southeast at the W-1 channel where Canada thistle dominates. Photo 4. The view is looking south at the W-1 channel. Fence line is obscured by reed canary grass. 373 Photo 5. The view is looking east from Fallon Street toward W-1. Baxter Creek is located approximately 300 feet east of the flag. 374 Photo 6. The view is looking north at head of channel W-1 from Huffine. 375 Photo 7. View is looking north at culvert inlet south of Huffine Lane 376 Appendix D PRELIMINARY PLAT OF NORTON EAST RANCH PHASE 4 Waters of the US Delineation Report – Norton East Ranch – W-1 377 ΔΔBLOCKOPEN SPACE(SF)LOTS (SF)TOTAL (SF)LOT R2111213ROWTOTAL378 Δ379 380 AeccDbCogoPoint (AeccLand120) PLANT SCHEDULE Norton Ranch Phase 4 Park3084 Thorpe Road Belgrade, Montana 59714 ph 406.924.8038 e-mail:chad@redbarnmontana.com pg 1 of 1Date: 30 Jan 2018Revised: Master park planProject for: N Bozeman, MontanaChad Rempfer, Landscape Designer Scale 1"=20'-0" 381 Norton Ranch Phase 4 Park Master Plan January 31, 2018 Project Location Phase III of Norton Ranch subdivisions pocket park is located south of Fallon Street and is on the Southeast corner of the intersection of Fallon St and Waterlilly Drive. This is the first phase of the Norton ranch parks along this eastern edge. It will eventually continue south all the way to Huffine Lane. The east edge of this park has designated wetlands that will remain undisturbed Trail Type This trail will be constructed like most other class 2 trails within the city of Bozeman. A compacted gravel fines trail that is not constructed with a ridged edge. This trail will start just south of the intersection of Fallon St and Waterlilly Dr with the intent to eventually end along Huffine lane once complete. This trail will be used by the local residence and un-maintained during the winter season. 382 Norton Ranch Phase 4 Park Master Plan January 31, 2018 Fixtures Exposed benches are planned for this linear trail corridor. The benches will be similar to those shown that would be set in concrete and constructed of steel and recycled plastic to make an extremely durable and low maintenance bench. The plan also includes a dog waste station at the start of the trail for the pet owner community that will be using this trail. Landscaping This park is designed with active use in mind. Due to the existing grade of this park area it could be utilized as an informal sports field area. The trail is offset to the east to enjoy views of the Bridger Mountains. Large canopy trees will be placed along the trail to provide shade along with a Colorado spruce to provide a buffer from the traffic noise coming from Huffine lane while the park users sit on the park bench. Naturized type shrubs will be planted along the edge of the wetland area to create habitat for birds and visual interest in the park. The main section of the park will be irrigated turf with the eastern edge seeded back to a native mix to create the transition from maintained park area to natural park. 383 Norton Ranch Phase 4 Park Master Plan January 31, 2018 Irrigation The irrigation system for this park will be connected to the existing system in the park just to the north across Fallon St. A main line connection will be put under the road to connect the two parks together on one irrigation system. The lawn irrigation will be professionally installed with MPR nozzles and high efficiency drip irrigation will be installed to all plant material outside the irrigated turf area. A rain sensor shall also be installed to minimize water waste on site if not already installed on site. Maintenance A minimal amount of long term maintenance will be required for this park area. The developer shall develop a weed maintenance plan for the first year until the native seeding becomes established. As part of this weed management plan care shall be taken due to the proximity to the native wetland area. No fertilization plan shall be implemented due to the close proximity to the wetlands and potential effects fertilizer applications would have on the native landscape. The native grass areas do not need routine mowing but may be mowed once or twice a season to maintain a healthy grass habitat. The trees shall be staked and fenced for the first 2 years to help prevent wildlife damage, after 2 years stakes and fencing must be removed to allow natural growth habit. The trail will not be maintained during winter months, however the trail may need to be bladed and re compacted to ensure a safe surface for pedestrians and cyclists. 384 WATERS OF THE US DELINEATION REPORT AAJKER CREEK NORTON EAST RANCH BOZEMAN, MONTANA May 9, 2016 Prepared for: Kevin Spencer Norton East Ranch Bozeman, MT Prepared by: 385 TABLE OF CONTENTS SECTION PAGE 1.0 PROJECT DESCRIPTION ....................................................................................... 1 1.1 Site Waterways .................................................................................................... 1 1.2 Climate ................................................................................................................. 2 2.0 WETLAND DELINEATION METHODS .................................................................... 5 2.1 Methods ................................................................................................................ 5 2.2 Technical Criteria .................................................................................................. 5 3.0 WETLAND DELINEATION RESULTS ..................................................................... 8 3.1 NRCS Soil Survey Results ..................................................................................... 8 3.2 W-1 – Aajker Creek: Riverine, Lower Perennial, Rock Bottom Wetland ................ 8 4.0 SUMMARY ............................................................................................................. 10 5.0 REFERENCES ....................................................................................................... 11 FIGURE 1.0 - Aerial Photograph showing location of pipe outlet on Aajker Creek ............. 3 FIGURE 2.0 - USGS 7.5’ Bozeman Quadrangle Topographic Map .................................... 4 TABLE 1.0 - Summary of Attributes for Aajker Creek delineated on adjacent property . 10 APPENDIX A - Routine Wetland Determination Data Forms APPENDIX B - Natural Resource Conservation Service Soil Survey APPENDIX C - Photo Log APPENDIX D - Aajker Creek Wetland Delineation and Impact Exhibits 386 Waters of the US Delineation Report – Norton East Ranch 1 1.0 PROJECT BACKGROUND A Waters of the US delineation was completed on a short reach of Aajker Creek located west of the property boundary for Norton East Ranch subdivision. The investigation encompassed approximately 265-foot feet of the stream starting south of the fence and existing concrete culvert on the adjacent property (Figure 1.0 – Aerial Photograph). Two drain tiles installed historically on the Norton Ranch property in the 1970’s are no longer functional. The high groundwater table is limiting construction on the remainder of the subdivision. Kevin Spencer proposes to collect the groundwater in a buried 12-inch perforated PVC pipe located at the south end of the subdivision. The water will be piped offsite and discharged to Aajker Creek. The adjacent landowners have granted permission for the groundwater discharge to the creek. A delineation of the discharge area located on the east side of Aajker Creek was completed on May 4, 2016. Morrison-Maierle, Inc. Environmental Services Group completed the delineation of waterways and wetlands on the 245.6-acre parcel owned by Norton Properties, LLC, on October 13 and 14, 2006. Morrison-Maierle, Inc. drafted the original Norton East Ranch Property Wetland Delineation Report in October 2006. The property is located north of Huffine Lane and south of Durston Road in Bozeman, legally described as the Southeast ¼ of Section 7, Township 1 South, Range 5 East, PMM, Gallatin County, Montana. The project location is shown on the USGS map on Figure 2. The 404-permit application form for Corps File No. NWO-2007-01084-MTH addressing 0.75 acres of wetland impact located within the property boundaries of the Norton Ranch East Subdivision was sent to the Helena US Army Corps of Engineers (USACE) office on April 3, 2007. The original permit was authorized on April 28, 2008. Compensatory mitigation was completed within the Norton East Ranch property boundaries consisting of enhancement of 8.68 acres of a palustrine wetland, maintenance of an upland buffer of 25 feet around the perimeter of the enhanced wetland, and preservation of 4.0 acres of the Baxter Creek riparian corridor. This Waters of the US Delineation Report documents the project background, methodology used to identify the boundaries of Aajker Creek on the adjacent property, and the findings of the field investigation. Two Wetland Determination Data Forms recording data collected on paired wetland and upland data points are included in Appendix A. Soil mapping information for the project is included in Appendix B and photos of the site are included in Appendix C. The Aajker Creek Wetland Delineation and Impact Exhibits included in Appendix D show the location of the soil test pits, boundaries of the wetland fringe associated with Aajker Creek, and the general location of the pipe outlet. The Wetland Delineation Report will be submitted to the USACE, Gallatin Conservation District (GCD), and the City of Bozeman as supporting documentation for the 404 and 310 Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Water Bodies and City plat approval process. The land was historically flood irrigated and a majority of the undeveloped acreage is currently used for grass hay cultivation. The land west and south of the subdivision has been placed in an agricultural conservation easement. The land north and east of the subdivision has been developed into single and multi-family residential subdivisions. Aajker Creek is mapped within the Enbar silt loam (509B) classified as stream terraces, drainage ways, and floodplains formed in alluvium on 0 to 15 percent slopes (Appendix B - USDA/NRCS 2015). 387 Waters of the US Delineation Report – Norton East Ranch 2 1.1 SITE WATERWAYS Aajker Creek flows north from the Farmer’s Canal located approximately 1.18 miles south of the property boundary. The creek is classified by the GCD as a perennial stream. Based on the aerial photograph, Aajker Creek ultimately discharges to the Gallatin River approximately 8 miles north of the project site. The National Wetland Inventory Map shows Aajker Creek as a riverine system. NOTE: The NWI website print function was not working preventing the inclusion of the map in this report. 1.2 CLIMATE The Bozeman area climate generally resembles that of a middle latitude steppe, with relatively long cold winters and short cool summers (Pac 1991). The region comprises a mountain complex within the steppe region, resulting in orographic effects that produce a local, cooler and wetter climate. Peak runoff generally occurs during the spring from snowmelt and combined snowmelt/rainfall events. These events produce relatively long periods of runoff. Summer thunderstorms also contribute to peak runoff although they are generally short in duration. The annual pattern of precipitation typically results in increasing precipitation from March to a peak in June, a decline through mid summer, another increase in late August to a second, smaller peak in September, followed by a general decline to the yearly low in February (Pac et al 1993). The annual temperature regime of the study area is generally characterized by significant seasonal variations. Winters are typically long and cold with subfreezing average temperatures from November to March. Average annual precipitation ranges from 13 inches per year at the lower elevations to 50 inches per year at the higher elevations in the Bridger Range north of Bozeman (NRCS 1972). Although the average annual precipitation is low enough to classify most of the area as semi-arid, about 70 percent of the annual total precipitation normally falls during the April to September growing season. Elevations in the study area range from 4,805 to 4,812 feet above mean sea level (amsl). The closest meteorological station to the study area is Montana State University located approximately 3.4 miles southeast of the project at 4,860 feet amsl. Records from 1961 to 1990 indicate that the average annual precipitation is 19.25 inches with an average total snowfall of 92.1 inches. The average temperature for the predominant soil series, the Enbar loam (509B), is 43 degrees Fahrenheit (USDA 1990) and the mean annual precipitation rate is 16 inches. 388 Waters of the US Delineation Report – Norton East Ranch 3 Figure 1.0 Aerial photograph showing the approximate location of the pipe outlet on Aajker Creek. 389 Waters of the US Delineation Report – Norton East Ranch 4 Figure 2.0 USGS 7.5 minute Bozeman Quadrangle Topographic Map showing Aajker Creek near the pipe outlet location. Aajker Creek 390 Waters of the US Delineation Report – Norton East Ranch 5 2.0 WETLAND DELINEATION METHODS 2.1 METHODS The boundaries of the wetland fringe associated with Aajker Creek were identified on May 4, 2016, using methodology developed by the USACE and other federal agencies for implementation of Section 404 of the Clean Water Act. Delineation procedures involved a review of existing site-specific information and completion of an onsite field investigation based on guidelines for the Routine Determination Method presented in the Field Guide for Wetland Delineation (Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE 2010). The field investigation was completed for the landowner to identify the location, extent, and characteristics of jurisdictional WUS associated with Aajker Creek for compliance with United States Army Corps of Engineers (USACE) regulations. The USACE requires a permit for the discharge of fill material into WUS in accordance with Section 404 of the Clean Water Act (CWA 1986). A Supreme Court 2001 decision in the case of the Solid Waste Agency of Northern Cook County versus US Army Corps of Engineers (SWANCC) limited the federal authority under the Clean Water act to regulate certain isolated wetlands. In light of the Court’s decision, WUS as it applies to the jurisdictional limits of the authority of the USACE include the area below the ordinary high water mark (OHWM) of stream channels and lakes or ponds connected to the tributary system, and wetlands adjacent to these waters. The jurisdictional status of wetlands depends on the presence or absence of a connection and/or proximity (meaning bordering, contiguous, or neighboring) to waters of the US. The Routine Level-2 Onsite Determination Method employs primarily qualitative procedures. Sample plots (approximately a 15-foot radius) are established within potential wetlands based on changes in plant communities, plant diversity, topography, and soil type. Data points are generally located parallel to watercourses, perpendicular to the apparent groundwater hydraulic gradient, and/or along topographical breaks. Vegetation composition, hydrology, and soil characteristics are assessed at each data collection point. If all three parameters exhibit positive wetland indictors, the area represented by the sample plot is classified as wetland. If any one of the parameters does not display a positive indicator, the area is classified as a non-wetland or upland unless the wetland is atypical or problematic. The jurisdictional authority of the USACE over wetlands identified in the field depends on the presence or absence of a surface water connection and/or proximity to waters of the US. Two Wetland Determination Data Forms recording paired upland and wetland data collected on Aajker Creek are included in Appendix A. 2.2 TECHNICAL CRITERIA A wetland must meet three technical criteria for it to be categorized as jurisdictional. The USACE (259 Federal Register 853532) and the Environmental Protection Agency (47 FR 31810) jointly define wetlands as “areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” The following conditions must be present for an area to be considered a jurisdictional wetland. 1. Hydrophytic Vegetation: Defined as plant species normally or commonly adapted to saturation of sufficient duration to cause anaerobic conditions in the root zone. 2. Wetland Hydrology: Defined as hydrology supported by sources of water that result in 391 Waters of the US Delineation Report – Norton East Ranch 6 saturated, flooded, or ponded soil conditions. 3. Hydric Soils: Defined as soil that forms under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (59 Fed. Reg. 35680, 7/13/94). Hydrophytic Vegetation Plants must be physiologically or morphologically adapted to saturated or anaerobic soil conditions to grow in wetlands. The USACE and the US Fish and Wildlife Service (USFWS) have determined the estimated probability of finding representative wetland species within specified areas under natural conditions. Accordingly, plants may be categorized as obligate (OBL), facultative wetland (FACW), facultative (FAC), facultative upland (FACU), or upland (UPL) in decreasing order of moisture dependence or tolerance. Obligate species occur greater than 99 percent of the time in a wetland. Facultative wetland species have a 67 to 99 percent probability of occurring in a wetland. Facultative species exhibit a 34 to 67 percent probability of occurring in a wetland. Facultative upland species have a 67 to 99 percent probability of occurring in a non-wetland and upland species have a greater than 99 percent probability of occurring in a non-wetland. Species with an indicator status of OBL, FACW, or FAC are considered hydrophytic. Vegetation indicator status for this investigation was derived from the National Wetland Plant List for the Western Mountains, Valleys, and Coast Region (Lichvar and Kartesz 2014). Taxonomic references included Dorn 1984, Hitchcock 1971, Lackschewitz 1991, and Lesica and Husby 2001. The name and indicator status of individual species within each vegetation stratum was recorded on the data form in descending order of abundance (Appendix A). Under the dominance test introduced in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE 2010), a sample plot is classified as having wetland vegetation if the cumulative total of the estimated percent cover for the dominant hydrophytic species exceeds 50 percent and 50 percent or greater of the dominant species have a hydrophytic indicator status. The Regional Supplement also introduced the Prevalence Index, Morphological Adaptations, and Wetland Non-Vascular plants as indicators of hydrophytic vegetation only when indicators of hydric soil and wetland hydrology are also present. Wetland Hydrology Technical criteria for wetland hydrology guidelines have been established as “permanent or periodic inundation, or soil saturation within 12 inches of the ground surface for a significant period (usually 14 days or more or 12.5 percent of the growing season) during the growing season” (Environmental Laboratory 1987). The minimum duration required for soil saturation is five percent of the growing season in consecutive days. Inundation or saturation for periods less than 5 percent of the growing season is evidence of non-wetland conditions. Systems with continuous inundation or saturation between 5 and 12.5 percent of the growing season may or may not be jurisdictional wetlands based on other criteria. The growing season is defined for purposes of this report as the number of days where there is a 50 percent probability that the minimum daily temperature is greater than or equal to 28° Fahrenheit (Environmental Laboratory 1987). The Bozeman growing season extends from May 5 to October 1 according to the WETS Bozeman Climate data. Approximately 19 days of saturation would meet the wetland hydrology criterion for a specific wetland. Either direct observations of inundation or well data showing a free water surface at 392 Waters of the US Delineation Report – Norton East Ranch 7 depths less than 12 inches continuously for more than 5 percent of the growing season have been used nationally to distinguish active wetland hydrology. Surface water, groundwater, direct precipitation, and/or snowmelt may contribute to wetland hydrology. Field observations were used to determine existing wetland hydrology. A positive indication of wetland hydrology requires either one primary indicator or two or more secondary indicators. The Regional Supplement for the Western Mountains area lists the primary indicators as surface water, high water table, saturation, water marks, sediment deposits, drift deposits, algal mat or crust, iron deposits, surface soil cracks, inundation visible on aerial imagery, sparsely vegetated concave surface, water stained leaves, salt crust, aquatic invertebrates, hydrogen sulfide odor, oxidized rhizospheres along living roots, presence of reduced iron, recent iron reduction in tilled soils, and stunted or stressed plants. Secondary indicators include water-stained leaves, drainage patterns, dry-season water table, saturation visible on aerial imagery, geomorphic position, shallow aquitard, FAC-neutral test, raised ant mounds, and frost-heave hummocks. Hydric Soils Soil is considered saturated when the capillary fringe occurs within a major portion of the root zone (within 12 inches of the surface). The Natural Resource Conservation Service (NRCS), formerly the Soil Conservation Service (SCS), in cooperation with the National Technical Committee for Hydric Soils (NTCHS), has compiled a list of hydric soils in the United States. The list identifies soil series mapped by the NRCS that meet the hydric criteria. Upland (non-wetland) soils may have inclusions of hydric soils that may not be demarcated on NRCS maps. Field examination of site-specific soil characteristics is necessary to confirm the presence of hydric soils. The profile description presented on the data form reflects site soil conditions as determined from soil pits, not the NRCS designation. The NRCS soil survey information reviewed for the project area is included in Appendix B. Hydric soils exhibit certain physical characteristics that can be observed visually. These characteristics, or indicators, include high organic matter content (histic epipedons), accumulation of sulfidic material, gley formation (greenish or bluish gray color), redoximorphic features (mottling), and low soil chromas (dark soil colors – soil chroma). Organic matter content is estimated visually and texturally; redoximorphic features are identified visually; sulfidic material is identified by the odor of sulfide gases; and soil colors are determined using a Munsell soil color chart (Munsell 1988). The colorimetric determination is to be made immediately below the “A” horizon or 10 inches whichever is less. The Regional Supplement for Western Mountains introduced new classifications for hydric soil indicators based on the soil type (organic, muck or mineral), soil matrix, and type of redoximorphic features such as concentrations, depletions, reduced matrix, or covered or coated sand grains. The full description of each category is included in Chapter Three of the Regional Supplement for the Western Mountains area. Wetland soils can be assumed to be present in any plant community where all the dominant species have an indicator status of OBL or FACW, and the wetland boundary is abrupt (Environmental Laboratory 1987). 393 Waters of the US Delineation Report – Norton East Ranch 8 3.0 WETLAND DELINEATION RESULTS A site investigation to determine the boundaries of waters of the US associated with Aajker Creek was completed by VES on May 4, 2016. C&H Engineering and Surveying, LLC, surveyed the demarcated boundaries and soil test pit locations using a global positioning system (GPS). Site-specific wetland parameters are described on the Wetland Determination Data Forms included in Appendix A. The Aajker Creek Wetland Delineation Exhibits included in Appendix D shows the test pit locations, wetland boundaries, and pipe discharge location. Aajker Creek is a perennial stream classified as a riverine, lower perennial, wetland under the Hydrogeomorphic system (Smith et al 1995) and a riverine, lower perennial, rock bottom wetland under the Cowardin system (Cowardin et al 1979). Emergent wetland plants dominate the adjacent riverine wetland fringe in the open channel areas. The water regime of the stream channel is permanently flooded. Riverine systems are associated with flowing water from stream channels, old oxbows, or abandoned meanders, and creek margins. Stream channels must exhibit an ordinary high water mark (OHWM) to be considered a WUS. The term OHWM means the line established by the fluctuations of water as indicated by physical characteristics such as a clear, and natural line impressed on the bank shelving, changes in the character of soil, destruction of terrestrial vegetation, and the presence of litter and debris, (33 CFR 2003). Aajker Creek exhibits an OHWM. Section 3.1 discusses the Natural Resource Conservation Service (NRCS) soil survey results for the project site. The wetland characteristics of Aajker Creek are described in Section 3.2. The Wetland Determination Data forms are included in Appendix A and the NRCS soil map and soil descriptions are included in Appendix B. Photographs of the site WUS are included in Appendix C. Appendix D maps the Aajker Creek Wetland Delineation results and soil test pit locations. 3.1 NRCS SOIL SURVEY RESULTS The web soil survey for Gallatin County (USDA/NRCS 2015) maps Aajker Creek within the Enbar loam (509B) map unit found on 0 to 15 percent slopes (Appendix B). The soil map unit consists of very deep, somewhat poorly drained soils, formed in alluvium from mixed rock sources. The soils are found on stream terraces, drainageways, and flood plains. The soil series is taxonomically classified as a non-hydric, fine-loamy, mixed, superactive, frigid Cumulic Halustolls. 3.2 W-1 – AAJKER CREEK: RIVERINE, LOWER PERENNIAL, ROCK BOTTOM; EMERGENT VEGETATION The Aajker Creek Wetland Delineation Exhibits demarcate the limits of the stream (below OHWM) and riverine fringe (above OHWM) associated with Aajker Creek in the area designated for the pipe outlet. The creek was flowing during the May 2016 investigation. The channel was 2.0 feet wide, 0.33 feet deep, with 2.0-foot high banks near the test pit location. Test pit WET-1 was located on a low, shallow bench approximately 0.67 feet from the water’s edge. Test pit UPL-1 was located approximately 5.83 feet from the stream and east of WET-1 and 2.33 feet above the water surface within the edge of a cultivated field. The wetland test pit met the wetland criteria for wetland vegetation, soil, and hydrology. The upland test pit met the wetland criteria for vegetation. It did not meet the criteria for wetland soil and hydrology. Photos 1 through 4 show the test pits and channel. 394 Waters of the US Delineation Report – Norton East Ranch 9 Vegetation Field meadow foxtail (Alopecurus pratensis - FAC), smooth brome (Bromus inermis – FAC), and Northwest territory sedge (Carex utriculata – OBL) dominate the Aajker Creek wetland fringe at test pit WET-1. One hundred percent of the dominant species are hydrophytic. The vegetation cover at test pit UPL-1 is dominated by field meadow foxtail and smooth brome. The data collection point met the criteria for dominance with 100 percent hydrophytic vegetation cover. Soil The channel is located within the Enbar loam (509B) map unit, which is classified as a frigid Cumulic Haplustolls. The wetland test pit WET-1 revealed a black silt loam (10 YR 2/1) from 0 to 10 inches below the ground surface (bgs) without redoximorphic features. The horizon from 10 to 16 inches bgs exhibited a very dark, grayish brown (10 YR 3/2) silt clay loam with at least 20 percent grayish brown (10 YR 5/2) redoximorphic depletions. The depleted dark surface (F7) provided an indication of a hydric soil. The upland test pit UPL-1 exhibited a very dark grayish brown silt loam (10 YR 3/2) from 0 to 12 inches bgs. No redoximorphic features were observed. The upland soil pit did not meet the hydric soil criteria. Hydrology The channel contained flowing surface water 0.33 feet deep. The presence of saturation at 8 inches bgs within the wetland test pit provided a positive indication of wetland hydrology. There were no indicators of wetland hydrology at UPL-1. 395 Waters of the US Delineation Report – Norton East Ranch 10 4.0 SUMMARY The Gallatin Conservation District (GCD) classifies Aajker Creek as a perennial stream. The creek ultimately discharges to the East Gallatin River, a water of the US, downgradient of the study area. The proposed groundwater drain-pipe outlet will daylight on the east bank of Aajker Creek. The activity will require 310 and 404 permits obtained from the GCD and USACE, respectively. Table 1.0 Summary of Attributes for Aajker Creek delineated on adjacent property. Wetland Designation Hydrogeomorphic Class (Smith) Jurisdictional Status W-1 Aajker Creek Riverine, Lower Perennial, Rock Bottom, Emergent Vegetation Jurisdictional 396 Waters of the US Delineation Report – Norton East Ranch 11 5.0 REFERENCES Clean Water Act, Section 404. 1986. Federal Register - Regulatory Programs of the Corps of Engineers. Cowardin, Lewis M., Virginia Carter, Francis C. Golet, and Edward T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. Office of Biological Services, Fish and Wildlife Services, USDI, Washington, DC. Dorn, R.D. 1984. Vascular Plants of Montana. Mountain West Publishing, Wyoming. Environmental Laboratory 1987. “Corps of Engineers Wetland Delineation Manual,” Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksbrug, Miss. Hitchcock, A.S. 1971. Manual of the Grasses of the United States, Volume One and Two. Dover Publications, New York. Lackschewitz, K. 1991. Vascular Plants of West-Central Montana – Identification Guidebook. General Technical Report –277. Intermountain Research Station. USDA, Forest Service. Missoula, MT. Lichvar , Robert W. and John T. Kartesz. 2012. North American Digital Flora. National Wetland Plant List, version 3.0. USACE. Engineer Research and Development Center. Cold Regions Research and Engineering Laboratory, Hanover NH and BONAP, Chapel Hill. NC. Lesica, P., P. Husby. 2001. Field Guide to Montana’s Wetland Vascular Plants. USDA Natural Resources Conservation Service, Bozeman, MT Munsell. 1988. Soil Color Charts. New Windsor, New York. Smith, R.D., A. Ammann, C. Bartoldus, and M.M. Brinson. 1995. An approach for assessing wetland functions using hydrogeomorphic classification, reference wetlands, and functional indices. Wetland Research Program Technical Report WRP-DE-9. US Army Corps of Engineers Waterways Experiment Station. Vicksburg, MS. US Department of Agriculture, Natural Resource Conservation Service 1990, WETS Climate Summary Data US Department of Agriculture Soil Conservation Service 1987. Hydric Soils of the US. In cooperation with the National Technical Committee for Hydric Soils. Washington DC. U.S. Army Corps of Engineers. 2010. Regional Supplement to theCorps of Engineers Wetland Delineation Manual: WesternMountains, Valleys, and Coast Region (Version 2.0), ed. J. S.Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3.Vicksburg, MS: U.S. Army Engineer Research and DevelopmentCenter. WEBSITES: USDA/NRCS Web Soil Survey, Gallatin County, accessed July 2015: http://websoilsurvey.nrcs.usda.gov/app/ Gallatin County GIS Map Launcher accessed in July 2015 http://webapps.gallatin.mt.gov/mapengine/ 397 APPENDIX A WETLAND DETERMINATION DATA FORMS Waters of the US Delineation Report – Norton East Ranch 398 APPENDIX B NRCS SOIL SURVEY Waters of the US Delineation Report – Norton East Ranch 399 400 Established Series Rev. NRS-CNG-EMM 10/2014 ENBAR SERIES The Enbar series consists of very deep, somewhat poorly drained soils that formed in alluvium from mixed rock sources. These soils are on stream terraces, drainageways, and flood plains. Slopes are 0 to 15 percent. Mean annual precipitation is about 16 inches, and mean annual temperature is about 43 degrees F. TAXONOMIC CLASS: Fine-loamy, mixed, superactive, frigid Cumulic Haplustolls TYPICAL PEDON: Enbar loam, grassland (colors are for dry soil unless otherwise noted). A1--0 to 3 inches; dark gray (10YR 4/1) loam, very dark brown (10YR 2/2) moist; moderate fine and very fine granular structure; hard, very friable, slightly sticky and moderately plastic; many medium, fine, and very fine roots and few coarse roots; slightly effervescent; slightly alkaline (pH 7.6); clear wavy boundary. A2--3 to 16 inches; grayish brown (10YR 5/2) loam; very dark brown (10YR 2/2) moist; moderate fine and very fine subangular blocky structure; hard, friable, moderately sticky and moderately plastic; many fine and very fine roots and common medium roots; many fine and very fine pores; disseminated lime; strongly effervescent; slightly alkaline (pH 7.8); gradual wavy boundary. A3--16 to 22 inches; grayish brown (10YR 5/2) loam, very dark grayish brown (10YR 3/2) moist; few fine faint dark yellowish brown (10YR 4/4) redox concentrations; weak medium and fine subangular blocky structure; hard, friable, slightly sticky and slightly plastic; common fine and very fine roots and few medium roots; many fine and very fine pores; disseminated lime; strongly effervescent; moderately alkaline (pH 8.2); clear smooth boundary. (Combined A horizons are 16 to 28 inches thick) C--22 to 30 inches; light brownish gray (2.5Y 6/2) loam, dark grayish brown (2.5Y 4/2) moist; common fine faint dark yellowish brown (10YR 3/4) redox concentrations; weak fine and very fine blocky structure; hard, friable, slightly sticky and moderately plastic; common fine and very fine roots and few medium roots; many fine and very fine pores and few medium pores; few fine irregular masses of lime; disseminated lime; strongly effervescent; moderately alkaline (pH 8.2); diffuse wavy boundary. (7 to 15 inches thick) Cg1--30 to 43 inches; gray (5Y 6/1) loam with thin stratifications of fine sandy loam and clay loam, dark gray (5Y 4/1) moist; many fine distinct dark yellowish brown (10YR 3/4) redox concentrations; weak fine subangular blocky structure; hard, friable, slightly sticky and slightly plastic; common fine and very fine roots; many fine and very fine pores; 5 percent gravel; disseminated lime; strongly effervescent; moderately alkaline (pH 8.4); abrupt irregular boundary. (10 to 22 inches thick) Cg2--43 to 51 inches; gray (5Y 6/1) loam, dark gray (5Y 4/1) moist; many fine prominent yellowish brown (10YR 5/6) redox concentrations; massive; hard, friable, slightly sticky and slightly plastic; common very fine roots; many fine and very fine pores; 10 percent gravel; disseminated lime; strongly effervescent; moderately alkaline (pH 8.4); abrupt smooth boundary. (7 to 20 inches thick) 2C--51 to 61 inches; light brownish gray (10YR 6/2) extremely gravelly coarse sandy loam, brown (10YR 4/3) moist; common fine distinct brownish yellow (10YR 6/6) redox concentrations; massive; soft, friable, nonsticky and nonplastic; 75 percent gravel; disseminated lime; strongly effervescent; moderately alkaline (pH 8.4). (0 to 10 inches thick) TYPE LOCATION: Fergus County, Montana; 756 feet east and 10 feet north of the SW corner of sec. 21, T. 15 N., R. 17 E. RANGE IN CHARACTERISTICS: Soil temperature - 41 to 47 degrees F. Moisture control section - between 4 and 12 inches; not dry in all parts for 45 consecutive days. Mollic epipedon thickness - 16 to 28 inches. 401 Depth to discontinuity - 40 to 60 inches. Depth to seasonal water table - 24 to 42 inches. A1 and A2 horizons Hue: 5YR, 7.5YR, or 10YR Value: 3, 4 or 5 dry; 2 or 3 moist Chroma: 1, 2, 4, or 6 dry or moist Texture: Loam or clay loam Clay content: 18 to 35 percent Rock fragments: 0 to 15 percent gravel Calcium carbonate equivalent: 0 to 5 percent Effervescence: none to strongly Reaction: pH 6.6 to 8.4 A3 horizon Value: 4 or 5 dry; 2 or 3 moist Chroma: 2 or 3 dry or moist Redox concentrations: none to few 10YR 5/4 or 10YR 4/4 Texture: loam or clay loam Clay content: 20 to 30 percent Rock fragments: 0 to 15 percent gravel Calcium carbonate equivalent: 1 to 10 percent Effervescence: slightly to strongly Reaction: pH 6.6 to 8.4 C horizon Hue: 10YR, 2.5Y, or 5Y Value: 4, 5, or 6 dry; 4 or 5 moist Chroma: 1 or 2 dry or moist Redox concentrations: few to common, 10YR 5/4, 10YR 4/4 or 10YR 4/6 Texture: loam or clay loam Clay content: 18 to 30 percent Rock fragments: 0 to 15 percent gravel Calcium carbonate equivalent: 5 to 10 percent Effervescence: strongly or violently Reaction: pH 7.9 to 8.4 Cg horizons Hue: 10YR, 2.5Y, or 5Y Value: 4, 5, or 6 dry; 4 or 5 moist Chroma: 0, 1, or 2 dry or moist Redox concentrations: few to common, 10YR 3/4, 10YR 5/6, 10YR 6/6 Texture: loam or silty clay loam consisting of layers of sandy loam, silty clay loam, and clay loam Clay content: 18 to 30 percent Rock fragments: 0 to 15 percent gravel Calcium carbonate equivalent: 5 to 10 percent Effervescence: strongly or violently Reaction: pH 7.4 to 8.4 2C horizon Hue: 10YR, 2.5Y, or 5Y Value: 4 to 6 dry; 4 or 5 moist Chroma: 1, 2, or 3 dry or moist Redox concentrations: few to common, 10YR 6/6 or 10YR 5/6 Texture: sandy loam or loamy sand Clay content: 5 to 18 percent Rock fragments: 35 to 75 percent--0 to 5 percent cobbles; 35 to 70 percent gravel Calcium carbonate equivalent: 5 to 10 percent Effervescence: strongly or violently Reaction: pH 7.4 to 8.4 402 COMPETING SERIES: Breezebasin (CO) - do not have a lithologic discontinuity Brycan (UT) - does not have redox concentrations Dalmation (CO) - does not have a lithologic discontinuity Jode (CO) - does not have a lithologic discontinuity Jodero (CO) - does not have redox features above a depth of 40 inches McGaffey (NM) - does not have redox features and has hues of 7.5YR and redder in the lower part of the control section Nutrioso (AZ) - does not have redox features Pinridge (CO) - does not have redox features Polich (NM) - does not have a gleyed horizon Staad (MT) - does not have a redox features or a lithologic discontinuity Straw (MT) - does not have redox features GEOGRAPHIC SETTING: Landform - flood plains; drainageways; stream terraces Elevation - 3,500 to 6,000 feet Slope - 0 to 15 percent Parent material - alluvium derived from mixed rock sources Climate - long, cold winters; moist springs; warm summers Mean annual precipitation - 14 to 22 inches Mean annual air temperature - 37 to 45 degrees F. Frost-free period - 70 to 125 days GEOGRAPHICALLY ASSOCIATED SOILS: None listed. DRAINAGE AND PERMEABILITY: Somewhat poorly drained; moderate permeability. USE AND VEGETATION: Enbar soils are used mainly for pasture, hay, and rangeland and to a lesser degree for cropland. Potential native vegetation is mainly slender wheatgrass, western wheatgrass, reed canarygrass, prairie cordgrass, American mannagrass, tall sedges, forbs, and shrubs. DISTRIBUTION AND EXTENT: Enbar soils are moderately extensive in central Montana and adjacent areas. MLRAs 43B, 44B, 46, and 58A. MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Bozeman, Montana SERIES ESTABLISHED: Fergus County, Montana, 1979. REMARKS: Diagnostic horizons and features recognized in this pedon are: Mollic epipedon - the zone from the soil surface to 22 inches (A1, A2, A3 horizons) Gleying - the zone from 30 to 51 inches (Cg1, Cg2 horizons) Discontinuity - the zone from 51 to 61 inches (2C horizon) Particle-size control section - the zone from 10 to 40 inches (A2, A3, C, Cg1 horizons). Enbar soils have a frigid temperature regime and an ustic moisture regime. Soil interpretation record: MT0357, MT0821. 403 C and Cg1 horizon should be investigated in the future to determine if they would be better described as Bw and Bg1 horizons. National Cooperative Soil Survey U.S.A.U.S.A. 404 APPENDIX C PHOTO LOG Waters of the US Delineation Report – Norton East Ranch 405 Photo 1. The photo is looking at UPL-1 located in upland approximately 2 feet above the surface water level in Aajker Creek. 406 Photo 2. The view is looking at the soil profile from WET-1 located at the edge of Aajker Creek. 407 Photo 3. The view is looking at WET-1 on Aajker Creek in May 2016. 408 Photo 4. The view is looking south at Aajker Creek in May 2016. The pipe outlet will be located where the rebar is pictured near the center of the line of flags. 409 Appendix D AAJKER CREEK WETLAND DELINEATION EXHIBITS Waters of the US Delineation Report – Norton East Ranch 410 411 412 413 414 Note that units shown are in feet. Figure 1. Simulated potentiometric surface for the historic drain system (prior to site construction activity).Simulated discharge from drains is 540 gallons per minute. Former drain ditch 415 Note that units shown are in feet. Figure 2. Simulated potentiometric surface for the proposed drain system. Simulated discharge is 540 gallons per minute. Pipe solidPipe perforated Pipe perforated 416 Areas where simulated drawdown from historic drain tile is greater Areas where simulated drawdown from proposed replacement drain is greater Areas where simulated drawdown from proposed replacement drain is greater Note that units shown are in feet. Figure 3. A comparison between the historic drain system and the proposed drain system. 417 INSPECTION AND MAINTENANCE FOR NORTON EAST RANCH DRAIN TILE The Norton East Ranch Subdivision Property Owners Association shall be responsible for the maintenance of the drain tile pipeline in the Norton East Ranch Subdivision. The drain tile is generally located 15 ft south of the south right-of-way boundary of Fallon Street. The drain tile is a perforated 12” PVC pipe that is fully buried. The drain tile discharges to Aajker Creek on an unplatted parcel to the west of Norton East Ranch Subdivision within a drainage easement described in document number 2565013. The drain tile requires minimal maintenance as the system is fully buried. QUARTERLY MAINTENANCE ITEMS  The outlet for the drain tile into Aajker Creek shall be inspected on a quarterly basis to ensure that the outlet pipe maintains unobstructed flow.  Remove any leaves and debris located at the pipe outlet, within the outlet rip-rap pad, or surrounding the flared end treatment section of the outlet pipe.  Monitor for any erosion surrounding the outlet pipe. If areas of erosion begin to form surrounding the outlet, armor the areas with angular rock 6” – 12” in size. 418