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HomeMy WebLinkAboutApp. E. - Updated Wetland Status 07-22-2020 N Morrison ■■ MEE Maierle 2880 TECHNOLOGY BLVD.W • P.O.BOX 1113• BOZEMAN,MT 59771 engineers-surveyors,planners.scientists 406.587.0721 • www.rr m.net June 13, 2019 Kilday and Stratton, Inc. Attn: Greg Stratton 2880 Technology Boulevard West Bozeman, MT 59718 Subject: Norton Ranch East Subdivision Phase 5, Wetland Determination M M I#: 5418.002.046 Dear Greg: This letter outlines the next steps for the Norton East Ranch Subdivision Phase 5 wetland work. I've been in touch with Barb Vaughn, who has worked on the property for several years, for background on the project area. She let me know that she submitted a jurisdictional determination request to the US Army Corps of Engineers (USAGE) last year for the excavated overflow channel at the north end of the lot. USACE replied to let her know that data points needed to be collected within the channel during the growing season. Based on a preliminary review of the site data and a review of the National Wetland Inventory (NWI) map, the area does not appear to exhibit wetland characteristics. MMI will collect necessary data in the month of July to satisfy the USACE's request for additional information and follow-up with the USACE to complete the jurisdictional determination. Thanks for the opportunity to perform this work for Kilday and Stratton. If you have any questions regarding the information provided, please feel free to contact me at (406) 922-6846 or cpearcy@m-m.net. Sincerely, MORMSON-MMERLE,INC. Christine A. Pearcv Environmental Scientist We create solutions that build better communities AN EMPLOYEE-OWNED COMPANY • AN EQUAL OPPORTUNITY EMPLOYER-MINORITIES I FEMALES f DISABLED t VETERANS Environmental Services 406-586-6909*Cell:406-581-0655#bvaughn@montana.com 8353 Saddle Mountain Road •Bozeman,Montana W15 Attn: Timothy McNees US Army Corps of Engineers Helena Regulatory Office 10 West 15'Street,Suite 2200 Helena,Montana 59626-0014 Re: JD request for preservation wetland NWO-MTH-2007—01084,Norton East Ranch October 21,2019 Dear Tim, This is a request for a jurisdictional status determination for the preservation wetland protected under a Covenant of Dedication for the original 2007 Individual Permit NWO-2007-01084. Kevin Spencer, owner of Norton East Ranch, submitted the preliminary plat application for Phase 5 of Norton East Ranch in 2018. The City Planner required a new wetland delineation although the development was not going to impact the preservation wetland or any jurisdictional wetlands. A wetland delineation was completed on the Norton East Ranch land north of West Babcock Street between September 14 and October 5, 2018,using methodology developed by the USACE and other federal agencies for implementation of Section 404 of the Clean Water Act. The delineation results were not submitted to the City until 2019. The 2018 delineation result indicated that the preservation mitigation wetland had expanded since 2006. This was the result of several upgradient sources of water that have since been abandoned or diverted to a french drain installed at the south end of the property. The 2019 plat layout will not impact the preservation wetland but it will impact the non- jurisdictional wetland area that has developed since 2010 around the perimeter of the preservation wetland. There have been no changes to the area downgradient of the preservation wetland. There are no downgradient waters of the US north of the preservation wetland or connected to the preservation wetland. The data forms, USGS,NWI, aerial maps, and JD form are included with this submittal. The project history is also included with this submittal. Google Earth maps from 1995 to 2014 show the transition of the area prior to and during construction. 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 and the Regional Supplement to the Corps of Engineers Mountains, Valleys, and Coast Region. Vegetation indicator status for this investigation was derived from the Western Mountains, Valleys, and Coast 2016 Regional Wetland Plant List. Taxonomic references included Dorn 1984, Hitchcock 1971, Lackschewitz 1991, and Lesica and Husby 2001. Eleven test pits were excavated throughout Phase 5 to determine the wetland boundaries based on conformance with the USACE wetland criteria for plants, soil, and hydrology. The wetland data was entered on the eleven Wetland Determination Data Forms included with this submittal. Photographs taken during the 2018 wetland delineation field investigation are also included. The 2018 wetland delineation boundaries and test pit locations are shown on the enclosed Wetland Delineation Exhibit (EXI) provided by C&H Engineering. Included on the exhibit are the original 2006 wetland delineation boundaries showing the 8.64-acre preservation wetland,the 25-foot upland buffer, and the meets and bounds of the area protected by the Covenant of Dedication signed and recorded on April 11,2008. The preservation of the non jurisdictional wetland and upland buffer and the drafting of the Covenant of Dedication protecting the wetland in perpetuity were conditions of the original 2007 Individual permit for Norton East Ranch. The preservation wetland is still considered non jurisdictional based on the lack of a permanent downgradient surface water connection or significant nexus to a water of the US. There have been no unapproved impacts to the mitigation wetland since it was created in 2007. The easement for Laurel Glen Parkway across the mitigation wetland was shown in the Covenant of Dedication. The road crossing the preservation wetland has been constructed within the past five years. A temporary drain ditch was excavated in January 2015 at the north end of the preservation wetland parallel to the north property boundary to prevent surface water from inundating the Lakes Subdivision to the north (see enclosed Photo 8.0 from March 2015). Several permanent solutions have since been implemented sitewide to address the flooding issues. The temporary drainage ditch is no longer necessary and has been abandoned. A sub-surface draintile has been installed at the south property boundary, the temporary ditch excavated between the historic spring box and preservation wetland has been abandoned and filled, and the dewatering activities have ceased. The following paragraphs detail the flooding issues that have occurred sitewide since construction began in 2010. The wetland boundaries of the original preservation wetland expanded west of Laurel Parkway between 2010 and 2014, as shown on the 2018 wetland exhibit. The recent wetland expansion was the result of three temporary and artificial sources of surface water that occurred after Norton East Subdivision construction began in 2010. The historic landowner prior to Kevin Spencer of Norton E Ranch had installed two drain tiles within the parcel to reduce groundwater levels to facilitate hay cultivation. The underground drain tiles were broken during construction in 2010, which resulted in groundwater surfacing from the underground pipe to an historic spring box located near the south property boundary. The spring box had been abandoned and dry until the drain tile was broken. The outflow from the spring box coupled with dewatering activities created flooding sitewide. A ditch was excavated in upland by the contractors from the south boundary to the west edge of the preservation wetland,continuing north to the adjacent property. The excess surface water resulted in flooding on the property to the north,the Lakes at Valley West, which created a pond and channel in uplands that were slated for development. A temporary drainage trench was excavated in 2015 at the northwest edge of the preservation wetland to divert excess surface water on Norton East property to Aajker Creek before it crossed the boundary to Valley West. The drainage ditch excavation was completed after a meeting between the Lakes owner Greg Stratton, Barbara Vaughn, and Todd Tillinger, director of the USACE, in March 2014. The drainage ditch was intended to be a temporary solution to allow the Lakes development to proceed until the draintile system on the Norton property could be installed. The drainage ditch at the north property boundary was dry during July 2018 and has been abandoned permanently. The surface water sources that created the westward expansion of the wetland have been terminated. The draintile system was installed at Fallon Street near the south property boundary to collect groundwater and divert it offsite to Aajker Creek. The location of the 12-inch draintile installed by March 18, 2017, was shown on the Phase 4 plans. A groundwater model showing the zone of influence was completed by Michael Nicklin to obtain the 404 permit authorization. The October 18, 2016, Nationwide 29 permit authorization (NWO-2007-1084-MTH), for the offsite discharge of groundwater from the draintile to Aajker Creek was provided to the City. The non jurisdictional wetland area west of the west boundary of the preservation wetland developed between 2010 and 2014 as a result of temporary and artificial sources of surface water. The water sources have been terminated. The expanded wetland area exhibits marginal wetland conditions dominated by field meadow foxtail (Alopecurus pratensis — FAC), reed canary grass (Phalaris arundinacea—FACW), Canadian thistle (Cirsium arvense—FAQ, field sow thistle (Sonchus arvensis —FACU), and smooth brome(Bromus inermis—UPL). The soil in the wetland test pits was dominated by black silt clay with redox features, depleted matrix, or depleted dark surface. The wetland test pits generally displayed saturation to the ground surface, saturation at 18 inches below the ground surface, high ground water table, and geomorphic position. The supporting wetland hydrology for the expanded palustrine wetland no longer exists and the functional value of the newly developed wetland is low based on the lack of structural and plant diversity, lack of water, and prevalence of invasive species. There is no value to reusing the field meadow foxtail and reed canary grass sod, which are both aggressive dominant species. Trees and shrubs will be planted in the north half of the preservation wetland. Please contact my office if you require further information. Sincerely, Barbara Vaughn Environmental Engineer,MS Cc: Kevin Spencer,Norton East Ranch LLC Matt Hausauer,C&H Engineering Enclosures: Wetland Determination Data Forms 2018 Site Photos Wetland Delineation Exhibit—EX WETLAND REVIEW REQUIRED MATERIALS: NORTON EAST RANCH SUBDIVISION: Phase 5 KEVIN SPENCER,OWNER; March 17,2020 APPLICATION SETS: Plan sets that include all required items listed on the wetland checklist listed below. • See enclosed 11 x 17 Preliminary Plat Map of Norton East Ranch—Phase 5 STATUTE: Enclosed is information required for all activities proposed in or adjacent to regulated wetland areas as mandated in Section 38.30 of the Bozeman Municipal Code. The boundaries of waters of the US were originally identified within the Phase 5 Norton East Ranch parcel boundaries on October 13 and 14,2006 using methodology developed by the US Army Corps of Engineers(USACE)and other federal agencies for implementation of Section 404 of the Clean Water Act. An updated wetland delineation with the Phase 5 boundaries was completed in September and October 2018 as discussed in Number 7 of the checklist. The Individual Permit for impacts to Waters of the US associated with development of Norton East Subdivision was authorized on April 28,2008. The wetland identified in 2006 that is located within Phase 5,W-5-05,was classified by the USACE as a non jurisdictional wetland. Non jurisdictional Wetland-5-05,encompassing 8.68 acres of depression,palustrine wetland,was preserved as part of the compensatory mitigation plan. Covenant of Dedication Number 2299907 recorded on May 14, 2008, by Charlotte Mills of Gallatin County, protects in perpetuity the preservation wetland and the Baxter Creek corridor including 50-foot watercourse setbacks. The areas associated with the ROWS for Laurel Parkway and West Babcock streets were specifically excluded from protection under the Covenant. The Covenant of Dedication is included with this submittal. APPLICATION FEE: WETLAND REVIEW CHECKLIST: 1. The Pre-Application Plat of Phase 5 Norton East Subdivision shows the boundaries of the preservation wetland including the limits of the ROW associated with Laurel Parkway. The development of Phase 5 will not impact the preservation wetland except for the completion of Laurel Parkway,which was authorized in the April 18,2008,404 permit,and was shown on the Covenant of Dedication,and Master Plan. 2. Phase 5 development will avoid impacts to the preservation wetland. Trails will be constructed at the outside edge of the preservation wetland. Laurel Parkway has been partially constructed as a gravel road. The roadway will be completed as part of Phase 5 development. The ROW for the parkway crossing through the preservation wetland was authorized by the 404 permit and specifically mapped on the Covenant of Dedication. 3. A majority of the original wetland delineation information and boundaries defined for the non jurisdictional preservation wetland was obtained from the Norton East Ranch Property Wetland Delineation Report drafted by Morrison-Maierle, Inc. Environmental Services Group in October 2006.Morrison-Maierle,Inc.completed the delineation of waterways and wetlands on the 245.6-acre parcel owned by Norton Properties, LLC, on October 13 and 14, 2006. An amendment to the original 2006 permit approved on October 18,2016, authorized the installation of a drain tile at the south end of Norton East Ranch. The drain tile was intended to collect and discharge the groundwater released to the surface when an historic drain tile was broken during the onset of construction in 2010. A Waters of the US Delineation Report dated May 9, 2016, characterized the wetland boundaries at the discharge point of the drain tile that extends west then north from Norton Property to Aajker Creek. The May 2016 report is included with this submittal (see project history in No.7). The October 18, 2016,permit amendment letter from the USACE authorizing construction of the drain pipe and discharge point is included with this submittal. 4. The site plan shows the delineated wetland boundary for the preserved non- jurisdictional wetland W-5-05,the property boundary,existing and proposed structures, streets and hardscape including sidewalks and pathways, watercourses and drainageways on and within 100 feet of the property. The preserved non jurisdictional wetland(W-5-05)within the Phase 5 Norton Ranch boundaries will not be directly or indirectly impacted by the proposed activities. No 404 permit will be required for the Phase 5 development if the USACE concurs that the preservation wetland and the 2018 wetland fringe located southwest of the preservation wetland are non jurisdictional. If the area is determined to be jurisdictional,a 404 permit would likely be required unless the plat layout is revised to avoid wetland impacts. 5. If the Jurisdictional Status Determination classifies the preservation wetland as non- jurisdictional,the Phase 5 Norton East Ranch development will not impact any Waters of the US including wetlands and, consequently,will not require a 404 permit. If the preservation wetland is classified as jurisdictional,a 404 permit will likely be required unless wetland impacts can be avoided. Trails will be constructed outside the boundary of the preservation wetland,if the wetland is classified as non jurisdictional. The trail location may have to be revised and impacts associated with the trail may have to be permitted if the preservation wetland and wetland fringe area are classified as jurisdictional. 6. Copies of the original 2006,404 permit and subsequent amendments are enclosed with this submittal. The preserved non jurisdictional wetland (W-5-05) protected by a Covenant of Dedication within the Phase 5 Norton Ranch boundaries will not be directly or indirectly impacted by the proposed activities. No 404 permit will be required for the Phase 5 development if the USACE concurs that the preservation wetland and the 2018 wetland fringe located southwest of the preservation wetland are non jurisdictional. If the area is determined to be jurisdictional, a 404 permit would likely be required unless the plat layout is revised to avoid wetland impacts. 7. Norton East Ranch Subdivision was originally permitted by the USACE under Reference Number NWO-2007-1084-MTH,authorized on April 28,2008. Morrison- Maierle, Inc. Environmental Services Group completed the original delineation of waterways and wetlands on the 245.E-acre parcel owned by Norton Properties, LLC, on October 13 and 14,2006. The 2008 permit authorized 0.75 acres of impact located within the property boundaries of the Norton Ranch East Subdivision. An additional 0.25 acres of offsite impacts were necessary to provide access to the subdivision through the extension of West Babcock and Fallon streets across the 64-acre parcel owned by Joe Billion. Mitigation for 1.0 acre of wetland impacts was provided by the enhancement and preservation of 8.68 acres of a non jurisdictional wetland(W-5-05), maintenance of a 25-foot upland buffer(1.92 acres)around the perimeter of a majority of the preservation wetland, and the preservation of 4.0 acres of the Baxter Creek riparian corridor,which includes 50-foot watercourse setbacks. A permit amendment dated October 18,2016,authorized the installation of a new drain tile located south of Fallon Street. The drain tile was installed parallel to the south boundary in April 2017 to prevent groundwater from surfacing via a broken subsurface drain tile that had been installed in the 1970's for agricultural purposes. The historic drain tile located near the south boundary was broken at the beginning of construction activities on Norton East in 2010. The broken drain the resulted in groundwater surfacing at an abandoned spring box,which ultimately flooded Phase 5 of the Norton property and the adjacent Lakes property located at the north boundary where the preservation wetland W-5-05 previously terminated. Before the drain the was installed in 2017,surface water from the broken drain tile on Norton East was collected in a small ditch excavated in an area previously classified as upland that diverted water from the spring box to the preservation wetland. The excess surface water flooded the Lakes property accumulating in a pond located just north of the north property boundary with Norton. Todd Tillinger of the USACE stated during a March 2014 meeting in Helena that the Lakes could take measures to prevent the overflow from Norton from entering their property. A trench was excavated in upland at the northwest edge of the preservation wetland to divert surface water west on Norton East property to Aajker Creek,intercepting the surface water flow before it crossed the boundary to the Lakes. The trench excavated from the edge of the preservation wetland to Aajker Creek had the intended result of draining the excess surface water and pond on the Lakes property. The drain tile installed at Fallon Street in April 17, 2017,currently collects and diverts groundwater from the south property boundary to the discharge point on Aajker Creek, which is located west of the west property boundary for Norton.. The 2017 drain tile was installed to prevent groundwater from surfacing from the broken historic drain tiles. Because over five years had elapsed since the 2006 delineation,the City of Bozeman required a new wetland delineation of Phase 5 in 2018,which included the preservation wetland. A wetland delineation was completed on the Norton East Ranch land north of West Babcock Street between September 14 and October 5, 2018, using methodology developed by the USACE and other federal agencies for implementation of Section 404 of the Clean Water Act. The delineation results were submitted to the City in 2019. The 2018 delineation results indicated that the edges of the preservation mitigation wetland had expanded since 2006. This was the result of excess surface water from the broken drain tile that has since been diverted to Aajker Creek via a new drain tile and dewatering activities that have since been terminated. A request for a new jurisdictional status determination for the preservation wetland was submitted to Tim McNew with the USACE on October 21, 2019. The 2019 plat layout will not impact the preservation wetland but it will impact the wetland fringe identified in 2018 that has developed since 2010 around the perimeter of the preservation wetland. If the preservation wetland and adjacent wetland fringe is classified as non jurisdictional,impacts to the expanded wetland fringe will not require a 404 permit. If the preservation wetland and adjacent wetland fringe are determined to be jurisdictional, a 404 permit will be required unless wetland impacts to the expanded wetland fringe are avoided. The 2018 data forms,USGS,NWI,aerial maps, and JD form were included with the JD request. The project history was also included with this submittal. Google Earth maps from 1995 to 2014 showed the transition of the area prior to and during construction. The temporary drain ditch excavated in January 2015 at the northwest end of the preservation wetland and parallel to the north properly boundary was dug to prevent surface water from inundating the Lakes subdivision to the north. Several permanent solutions have since been implemented sitewide to address the flooding issues that started in 2010. The excess overland surface water flow on the Norton property has been eliminated. A subsurface drain tile has been installed at the south property boundary, the temporary ditch excavated between the historic spring box and preservation wetland has been abandoned and filled,and the dewatering activities have been terminated. The temporary drainage ditch between the preservation wetland and Aajker Creek at the north property boundary is no longer necessary and has been abandoned. Tim McNew has indicated that the temporary ditch channel and area surrounding the ditch must be reviewed during the growing season in 2020 to confirm that the ditch no longer exhibits wetland characteristics. The area was identified as wetland in the 2018 delineation although no test pits were excavated in the area. The drainage ditch was dry in October 2018. Potential wetland characteristics will be evaluated during the growing season 2020. If any one of the wetland criteria is not present,the ditch will be classified as a non-wetland,which will confirm that there are no WUS downgradient of the preservation wetland and expanded wetland fringe. The preservation wetland will then meet the criteria for a non jurisdictional wetland, and, consequently, the expanded wetland buffer zone. Non jurisdictional wetlands are regulated by the City of Bozeman. 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