HomeMy WebLinkAbout310 Application Approval Letter 05-21-19 WnAtpkv Est. 1949
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May 21,2019 �� F. F
Steve Moore
3661 Jagar Lane
Bozeman, MT 59718
RE: 310 Application GD 22-19 PERENNIAL STREAM: Unnamed tributary of E. Catron Creek
Dear Mr. Moore:
The Gallatin Conservation District(GCD)received your 310 application on April 30,2019.The purpose of the 310
application is: The city is requiring that the road be relocated to conform to the current street grid and that 2 additional
pedestrian crossings be installed across the relocated creek. Requesting to remove the existing culvert and replace it
with a 30'culvert for pedestrian crossing,to install 123'of culvert for a road crossing,in still a second 30'crossing for a
pedestrian crossing,and to install a sewer line with temporary impacts. Representatives from the GCD 310-team
inspected the project site on May 8,2019.
After a discussion and a review of the 310-permit application on May 16,2019,the GCD Board of Supervisors
approved the project with modifications, Modification include: Embed pipe minimum 6".Import backfill of stream material
and/or 3"minus for all culverts. Use 42"arch size. Match grade upstream and down while considering embedment.
• Please require/include culvert plan and profile for each site/location,only wetland impacts were submitted with
application.
• No fish resting box necessary.
Enclosed are two copies of Form 273 (310 Permit).Keep one copy for your records.The District recommends that you retain all
information for current and future reference.The second copy is for the job site.The contractor must maintain a copy of Form
273 and any pertinent design information in his equipment while conducting all fieldwork to ensure your project is implemented
according to the permit.
REQUIREMENTS
Form 273(310 Permit):Please fill out and sign the bottom portion of one copy of the 310 Permit and return it to
this office within 15 days.If we have not received the permit within that time,you will be in violation of the 310
Law and your permit will not be valid.
• Please take pre-and post-photos of the project.
• Completion Form:At the completion of the project,fill out the enclosed form,attach photos,and return to this
office within 15 days of the completion of the project.
Other permits may be needed for your project.A 310 Permit does not give an individual permission to do a project,only to do a
project in a specific manner once all other permits are satisfied.This permit is only for the work specified above.If the scope of
the work changes,you must apply for a new permit.All individuals undertaking activities specified in a 310 Permit are
encouraged to obtain accurate cost estimates for projects and ensure water rights are in order before starting any work.
If you have any questions or concerns,please contact me at 406-282-4350.
Sincerely,
Becky Clements
District Administrator
Gallatin Conservation District
Enclosures
PO Box 569
Manhattan,MT 59741
406-282-4350
"ww gallalincd.org
310 Permit Work Completion Form
310 PERMIT INFORMATION
310 Permit#GD 22-19
Legal Description:Township: 2S, Range:5E,Section:23
Landowner:Greg and Susan Gianforte, David and Susan Barbisan
Applicant:Steve Moore
Agent: Barbara Vaughn
Stream: Unnamed Tributary of East Catron Creek
Approved Project:May 16, 2019
Permit Expiration Date:May 16,2020
REQUIREMENTS
• The Applicant/Landowner is required to return this form to the Gallatin Conservation District
when work is completed or the permit expires.
• Include pre-and post-Photos of the project.
Date work completed
Note:if work is not completed,provide explanation below
Explanation
Signature: Date:
Contact Information(Required for Follow-up Inspection)
Name:
Address:
Phone/Cell#: _
Email:
Gallatin Conservation District
120 S 5th Street, PO Box 569
Manhattan MT 59741
406-282-4350
Email:admin@gallatincd.org
_ 310 PERMIT Decision Date Application Number
STREAMBED AND LAND PRESERVATION ACE(310 Law)Sumviw. s'Decision 5116/2019 GD 22-19
Note: Landowner permission,easements or other federal,state,or local permits,licenses,special use permits,or authorizations may be required before construction
of the project, It is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project
Name of Applicant Business Name Address
Steve Moore 3661 Jaaar Lane
City Stale Ztp Name of Perennial Stream
rBozeman MT 59718 Unnamed tributary of E.Catron Creek
Section Township Ran e Supervisoft Decision
23 2S 5E AuprovaI with modifications
Proposed Activity _
The city is requiring that the road be relocated to conform to the current street grid and that 2 additional pedestrian crossings be installed
across the relocated creek.
Modillcations
Embed minimum 6", importlbackflll 6"of stream material and/or 3"for all culverts. Use arch,not 42". Match grade upstream and down,
while considering embedment. Please requirelinclude culvert plan and profile for each sitellocation,only wetland impacts were submitted
with application. No fish resting box necessary._
Work may not commence on a project for True Waiver of 15- False Recurrent Permit Expiration Date Permit Transmittal Date
15 days after receipt of this decision day Waiting Permit
unless district has checked the waiver x Period 0511612020 05121/2019
box.
SUPERVISORS'SIGNATURES:
--------------------------------------(cut here).......................................... ......... . .. . . . . .
The applicant must agree to abide by the conditions of this permit by checking the appropriate box,signing below,and returning this form
to the district office within 15 days.GD 06.19
❑ I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection.
❑ I understand the project as proposed has been denied,and I may resubmit my application with modifications.
❑ I hereby agree to proceed with the project in accordance with the modifications contained herein,and will allow follow-up inspection.
If the applicant disagrees with the supervisors'decision and wishes to formally resolve the dispute, the applicant must check the box below, sign,
and return this form to the district within 5 working days.
❑ I disagree with the supervisors'decision and hereby request arbitration.
Signature of Applicant: Date:
Decision Date lica&m Number
_ 310 PERMIT �p
STREAMBED AND LAND PRESERVATION ACE(310 Law)Supervisors'Decision 5/1612019 GD 22-19
Note: Landowner permission,easements or other federal,state,or local permits,licenses,special use permits,or authorizations may be required before construction
of the project. It is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project
Name of Applicant I Business Name Address
Steve Moore 1 . 3661 Jagar Lane j
Gb State Zi - - Name of Perennlal Stream
rBozeman MT [ 59718 Unnamed tributary of E.Catron Creek
Section Township Ranae is Decision _
23 S F-Approval with modifications
P%posed Hctivi - ---
The city is requiring that the road be relocated to conform to the current street grid and that 2 additional pedestrian crossings be installed
across the relocated creek.
Modifications
Embed minimum 6",importlbackfill 6"of stream material and/or 3"for all culverts. Use arch,not 42". Match grade upstream and down,
while considering embedment. Please requirelinclude culvert plan and profile for each sitellocation,only wetland impacts were submitted
with application. No fish resting box necessary.
Work may not commence on a project for True Waiver of 15- False Recurrent Permit Expiration Date Permit Transmittal Date
15 days after receipt of this decision day Wailing Permit
unless district has checked the waiver x Period 0511612020 0512112019
box.
SUPERVISORS'SIGNATURES: r�
r'
1< --------------------------------------(cut here)......... .. ................................................
The applicant must agree to abide by the conditions of this permit by checking the appropriate box,signing below,and returning this form
to the district office within 15 days.GD 06.19
❑ I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection.
❑ I understand the project as proposed has been denied,and I may resubmit my application with modifications.
❑ I hereby agree to proceed with the project in accordance with the modifications contained herein,and will allow follow-up inspection
If the applicant disagrees with the supervisors' decision and wishes to formally resolve the dispute, the applicant must check the box below, sign,
and return this form to the district within 5 working days.
❑ I disagree with the supervisors'decision and hereby request arbitration.
Signature of Applicant: - - Date
SHORT-TERM WATER QUALITY STANDARD
FOR TURBIDITY RELATED TO
yll, Montana I)eparlment of CONSTRUCTION ACTIVITY
4( L NVIRONMENTAL QUALITY (318Authorization)
Dear Applicant:
This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a
124 permit from Montana Fish,Wildlife and Parks.This authorization is valid for the time frame noted on your permit.
This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or
124 permit as well as any other permits that apply to this proposed construction activity.
This authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality
(DEQ),and Montana Fish,Wildlife and Parks(FWP).
The applicant agrees to the comply with the conditions stated below,as well as other conditions listed in the 310 or
124 permit issued for this project. Signatures of the applicant and FWP are required to validate this authorization.
1. Construction activity in or near the watercourse are to be limited to the minimum area necessary,and conducted
so as to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect
aquatic life outside the immediate area of operation.
2. The use of machinery in the watercourse shall-be avoided unless absolutely necessary.
3. All disturbed stream banks and adjacent areas created by the construction activity shall be protected with erosion
control measures during construction.These areas shall be reclaimed with appropriate erosion control measures
and revegetated to provide long-term erosion control.
4. Any excess material generated from this project must be disposed of above the ordinary high water mark, in an
area not classified as a wetland,and in a position not to cause pollution of State waters.
5. Clearing of vegetation will be limited to that which is absolutely necessary for construction of the project.
6. This authorization does not authorize a point source surface water discharge.
MPDES permit is required for said discharge.
7. Open cut creek crossings will not be allowed in flowing water. Stream water must be diverted around the open cut
area(pump, flume etc.)
8. The applicant must conduct all activities in full and complete compliance with all terms and conditions of all
permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act
(310 permit),the Stream Protection Act(I 24 permit)the Federal Clean Water Act(404 Permit),any MPDES
permits for dewatering or storm water control in the construction area and any valid Memorandum of Agreement
and Authorization(MAA)negotiated for this activity.
The FWP representative has determined that this project is within the scope of the programmatic Environmental
Assessment prepared by DEQ and FWP for the issuance of narrative turbidity standards.
Z- l'
Date: � iAlc l�l C t L.t x' ate'
FWP Representative's Signature Applicant's Signature
n `�/tom
Name and location of project: i� 1 �j D/� �45� ccrM r C�
61
2449987
r'49• �� 5 OS12i12V3 e3 eS 34 Pr. Fee $45.00
IIVI�t�IIICFiJIT11J I�rY�l4 llifitNI�kin Misc
DEED RESTRICTION
UNNAMED TRIBUTARY OF EAST CATRON
COVENANT OF DEDICATION
Greg Gianforte and Susan Barbisan.,(hereinafter referred to as the"Permittees")now stipulate to
the following statements of fact, and further agree to restrict the use and title of the realty described in
Attachments I and 2 to this document(hereinafter referred to as the"Land'I in accordance with the terms
and conditions set forth herein.
STIPULATIONS OF FACT
1. That the Permittees are the applicants for Department of the Army permit number NWO-2012-
02528-m,rB to place fill material in wetlands located in the NE'/4 SE'/4 of Section 23,Township 2S,Range
5 East,Gallatin County,Montana;and that the US Army Corps of Engineers has regulatory jurisdiction over
the discharge of dredged or fill material into said wetlands pursuant to Section 404 of the Clean Water Act.
(33 USC 1344).
2. That the Permittees are the owners in fee of the real estate described in Attachments I and 2.
3. That the Permittees and the Omaha District of the US Army Corps of Engineers have reached an
agreement whereby the Permittees will be permitted to discharge fill material in wetlands in accordance
with the terms and conditions of Department of the Army Permit number NWO-2012-02528-MTB;and that
in consideration for said discharge of fill material in the wetland,the Permittees will provide mitigation for
the adverse environmental effects resulting from the placement of fill material in the wetland by dedicating
the realty described in Attachments I and 2 for perpetual use as a conservancy area in accordance with the
terms and conditions of this document and the above mentioned permit.
4. That the above-mentioned dedication shall consist of the execution of this document by all
parties necessary to restrict the use and title of the Land;and that this document shall be recorded in the
Office of the Register of Deeds for Gallatin County,Montana.
5. That upon receipt of a certified copy of this document,as recorded in the Office of the County
Register of Deeds for Gallatin County, Montana, the District Engineer of the Omaha District of the US
Army Corps of Engineers will issue a validated permit number (NWO-2012-02528-MTB), to the
Permittees;and that said permit shall be issued in consideration for the execution ofthis Covenant.
6. That the terms and conditions of this Covenant of Dedication shall,as of the date of execution of
this document,bind the Permittees to the extent of their legal and or equitable interest in the Land;and that
this Covenant shall run with the Land and be binding on the Permittees and their successors and assigns
forever.
7. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in
any transfer, conveyance, or encumbrance of the Land or any part thereof, and that any instrument of
transfer,conveyance, or encumbrance affecting all or any part of the Land shall set forth the terms and
conditions of this document either by reference to this document or set forth in full text.
I
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DEED AND USE RESTRICTIONS
The Perm ittees hereby warrant that they are the owners in fee of the realty described in Attachments
1 and 2;and that the Land is hereby dedicated in perpetuity for use as a conservancy area.
The Permittees hereby agrees to restrict the use and title of the Land as follows:
I. There shall be no construction or placement of buildings or mobile homes, fences, signs,
billboards or other advertising material,or other structures,whether temporary or permanent,on the Land,
with the exception of benchmarks identifying the boundaries of the areas described in Attachments I and 2
and trail-related improvements such as benches and trail signage as described in Section 38.23.100
Watercourse setback(A)(2)(e)Exceptions(2)of the City of Bozeman Unified Development Code(UDC)..
2. There shall be no filling,draining,excavating,dredging,mining,drilling or removal of topsoil,
loam,peat,sand gravel,rock,minerals or other materials.
3. There shall be no building of roads within the stream corridor, adjacent wetland fringe, or
watercourse setback or any change in the topography of the Land with the exception of the development of
Lantern Road,which will provide the primary access from South 19d Avenue across the riparian condor to
the subdivision. The road will be constructed within a 60-foot right-of-way with 10 feet on either_side of the
ROW for a total width of 80 feet,as described in Attachments 1 and 2.
4. There shall be no building of trails within the stream corridor, adjacent wetland fringe, or
watercourse setback except as stipulated in Section 38.23.100 Watercourse setback(A)(2)(e)Exceptions
(2)of the City of Bozeman Unified Development Code(UDC). As specified in the UDC,the trail will be
constructed in Zone 2(outer 20 feet)of the 50-foot watercourse setback as described in Attachments 1 and
2.
5. There shall be no removal,destruction,or cutting of trees or plants,grazing of animals,farming,
tilling of soil,or other agricultural activity. Tree maintenance and weed management activities including
spraying of herbicides are acceptable. Mowing of the grass cover will be allowed on both sides of the
constructed trail for pedestrian safety.
6. There shall be no operation of snowmobiles, motorcycles,all-terrain vehicles (ATV)or any
other type of motorized vehicles on the Land except for the use of motorized vehicles for the purpose of twee
maintenance and weed management.
7. The Covenant of Dedication may be changed,modified or revoked only upon written approval
of the District Engineer of the Omaha District of the US Army Corps of Engineers. To be effective,such
approval must be witnessed,authenticated,and recorded pursuant to the law of the State of Montana.
8. This Covenant is made in perpetuity such that the present owners and their hens and assigns
forever shall be bound by the terms and conditions set forth herein.
2
BY:
Permittee-6rcg Manf e
BY: (I/A- // I Z(aQ/yl
Pcrnti.9ftrj-ljMdn artisan
Ft'J Suran
Executed before me this day of 4: 2013, by _PeRf1k mw who are
personally known to �
,u es C,Ia,- t.ti x
8*9/5V sPN
Commission expiration AJv� (
Notary ublic,Notary for the State of M-Oruna
I ° Chris dead
Corps P le No. pr m.OaTI9►1C j'� NyPub
—- G au�q(a oh E„41v4t�L :a �<. for the State of Montane
Pcmtittec's Name: — Residing at:
.
Deed Restriction/Covenant of Dedication ? SEAL L3ozerrnn,Montana
OF. ;'a My Commisaon Exoree
ATFAClll BENT 1 November 26,20is
The property to which this Deed Restriction applies is described as follows:
(Describe location as Section,Township,and Range,GPS survey coordinates,and other means necessary to
ensure location is documented and can be located by markers on the ground. The land that the deed
restriction applies to is usually the boundaries of the wetland including a 30-50 foot wide vegetated buffer
strip,not the entire property.)
Please refer to the accompanying map.
3
ATTACHMENT
LOT 1 OF MINOR SUBDIVISION NO.235
TRACT OF LAND LOCATED IN THE NE%SE'/,OF SECTION 23
TOWNSHIP 2 SOUTH,RANGE 5 EAST,
PMM,GALLATIN COUNTY,MONTANA
S89'18'13"E R S73'06'41"E (M)
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EXHIBIT BOMMAN,0f1'$9719 DATE: 05,02.13
PFIDNH(406)9960762 PAX(/06)59&5740
J.O.# 12-145