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HomeMy WebLinkAboutApp. E. - Wetland Review Required Materials 04-24-2020WETLAND 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 11x 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 245.6-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 tile 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 tile 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 property 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. The preservation wetland will be enhanced with trees and shrubs to develop structural diversity as illustrated in the Norton Ranch Landscape Plans, which were designed according to the City of Bozeman Municipal Code.