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Home My WebLink AboutNWO-2012-02528 Letter Verified signed DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15T"STREET,SUITE 2200 HELENA, MONTANA 59626 REPLY TO ATTENTION OF September 5, 2019 Regulatory Branch Montana State Program Corps No. NWO-2012-02528-MTB Subject: Gianforte G Force 1 LLC (Vaughn Environmental Services) Oracle Office Space Development - UT of East Catron Creek and adjacent wetlands Steve Moore 3661 Jagar Lane Bozeman, MT 59718 Dear Mr. Moore: We are responding to your request for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located at Latitude 45.65156332°, Longitude - 111.0639023°, on East Catron Creek, within Section 23, Township 2 S, Range 5 E, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.: Work Item Description A sewer line will be installed at latitude 45.6540, longitude -111.0644 and will a. temporarily impact approximately six (6) linear feet of stream and 99 square feet of wetlands. Two pedestrian culverts will be replaced with pedestrian bridges at latitude 45.6519, longitude -111.0644 and latitude 45.651, longitude -111.063, the bridges b. will clear span wetlands and stream. The bridges will be 30 feet long by 8 feet wide and will be constructed from rough sawn lumber and will be set on concrete abutments that will be placed entirely out of Waters of the US (WoUS). At Latitude 45.6519, Longitude -111.0633, the existing 76-foot culvert will be removed and the area will be reseeded and restored with wetland sod salvaged. C. The wetland sod will be salvaged from the area where the crossing will be relocated (Lat 45.6531, long. -111.0633). d At Latitude 45.6531, Longitude -111.0633, a 75-foot long culvert by 42-inch arch culvert will be installed The work will be completed as detailed in the drawings entitled "NEXUS.POINT e. Waters of the U.S. Impact Exhibit Bozeman, MT", and submitted on behalf of the applicant by Madison Engineering, and dated March 2019. Under the authority of Section 404 of the Clean Water Act (CWA), DA permits are required for the discharge of fill material into waters of the U.S. Waters of the U.S. include the area below the ordinary high water mark of stream channels and lakes or ponds connected to Printed on®Recycled Paper -2- the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man-made channels, may be waters of the U.S. in certain circumstances, which must be determined on a case-by-case basis. Based on the information you provided, the proposed activity, permanently impacting 75 linear feet, restoring 91 linear•feet and temporarily impacting 6 linear feet of East Catron Creek, is authorized by NWP 39, found in the January 6, 2017, Federal Register (82 FR 1860), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes this NWP and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. In addition to conditions referenced above, the following special conditions apply: Condition Description Compensatory mitigation will be provided as proposed in the final mitigation plan received by this office on August 12, 2019. The mitigation of wetlands and stream must be constructed concurrently with project construction and fully re-vegetated with the target wetland species within 4 years after validation of the permit. Success will be determined by the criteria described in the mitigation plan. 1. The permittee must submit yearly monitoring reports on the status of the mitigation site to the Corps. The first report is due on December 31 st after the first growing season following completion of the mitigation work. Subsequent reports shall be submitted no later than December 31 st for a period of 5 years, or until the Corps determines the mitigation site to be successful based on the criteria described in the mitigation plan. A finalized deed restriction reflecting the proposed changes as identified in the 2 complete application titled "NEXUS POINT Waters of the U.S. Impact Exhibit Bozeman, MT" and dated March 2019 must be submitted to this office prior to construction activity. You are responsible for ensuring that all work is performed in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action. The Montana Department of Environmental Quality has provided the enclosed CWA Section 401 water quality certification for this NWP which includes General Conditions, all of which must be complied with for that certification to remain valid. This does not eliminate the need to obtain other permits that may be required by that agency. This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to Printed on®Recycled Paper -3- commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Project specific special conditions listed in this letter continue to remain in effect after the NWP verification expires, unless the district engineer removes those conditions. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. In compliance with General Condition 30, we have enclosed a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the terms and conditions of the NWP. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. Please refer to identification number NWO-2012-02528-MTB in any correspondence concerning this project. If you have any questions, please contact Timothy McNees at Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626, by email at Timothy.M.McNew@usace.army.mil, or telephone at (406) 441-1375. Sincerely, Todd N. Tillinger, P.E. Montana Program Manager Enclosures: Compliance Certification NWP 39 Fact Sheet with Regional Conditions Montana DEQ CWA Section 401 Water Quality Certification CC without Enclosures: G Force 1 Limited, LLC Attn: Greg and Susan Gianforte 1320 Manly Road Bozeman, MT 59715 Printed on®Recycled Paper -4- David and Susan Barbisan 7067 S. Td Ave. Bozeman, MT 59715 Vaughn Environmental Services Attn: Barb Vaughn 8353 Saddle Mountain Road Bozeman, MT 59715 Printed on®Recycled Paper -5- COMPLIANCE CERTIFICATION Corps File Number: NWO-2012-02528-MTB Permit Type: NWP 39, Commercial and Institutional Developments . Name of Permittee: Gianforte G Force 1 LLC County: Gallatin County, Montana Date of Issuance: September 5, 2019 Corps Project Manager: Timothy McNew Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps of Engineers Omaha District Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the conditions of this permit, you are subject to permit suspension, modification, or revocation. - - - - - - - - - - - - - - - - - - - - - - - - - - - I hereby certify that the work authorized by the above referenced permit has been completed in'accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Printed on®Recycled Paper