Loading...
HomeMy WebLinkAboutCottonwood INF Wetland Docs Combined SRI Missouri Headwaters, LLC c/o Swift River Investments, LLC 53 Williams Street Upton, MA 01568 NOTIFICATION OF ACCEPTANCE OF LIABILITY FOR MITIGATION REQUIREMENT US ARMY CORPS OF ENGINEERS FILE NUMBER NWO-2017-02234-MTH Casey Lynch / Cottonwood Subdivision – unavoidable impacts to 0.337 acres of wetlands associated with Farmer’s Canal in Gallatin County, MT To the US Army Corps of Engineers, Omaha District, Montana State Regulatory Office (the “Corps”): Casey Lynch / Cottonwood Subdivision (“Permittee”) has been issued a Section 404 Clean Water Act permit, with Permit No. NWO-2017-02234-MTH (the “Permit”). The Permit authorizes Permittee to purchase mitigation credits from a “third-party provider” as specified in 33 CFR 332, in this case the Upper Missouri Mitigation Bank, sponsored by SRI Missouri Headwaters, LLC (the “Bank”) to mitigate Permittee’s impacts to the following aquatic resources: Placement of native fill, uncrushed subbase, crushed gravel and asphalt in wetlands associated with Farmer’s Canal, impacting 0.337 acres in Gallatin County, Montana requiring 0.337 wetland credits as compensatory mitigation with such mitigation hereafter referred to as the “Mitigation Requirement”. Pursuant to the terms and conditions of a Mitigation Credit Purchase Agreement and Acknowledgment, executed by Permittee and the Bank, and following payment in full by Permittee for the specified mitigation credits, the Bank has agreed to accept responsibility for the Mitigation Requirement in perpetuity. The Bank, by acceptance of payment for the Mitigation Requirement, acknowledges that the Bank is responsible for the off-site compensatory mitigation activities as required in the Permit and agrees to complete the off-site compensatory mitigation in accordance with provisions specified in the Mitigation Bank Agreement dated October 12, 2012, executed by the Corps District Commander March 7, 2013. Dated this 15th day of April, 2019. FOR: SRI Missouri Headwaters, LLC, Sponsor By _____________________________, its Agent David D Patrick, Jr, Principal Eco-Asset Management, LLC DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TH STREET, SUITE 2200 HELENA, MONTANA 59626 REPLY TO ATTENTION OF Printed on Recycled Paper January 19, 2018 Regulatory Branch Montana State Program Corps No. NWO-2017-02234-MTH Subject: TKO Enterprises (Vaughn Environmental Services) - Cottonwood Subdivision - Farmer's Canal - (Gallatin County) Tyson Olsen TKO Enterprises Po Box 10303 Bozeman, Montana 59719 Dear Mr. Olsen: We are responding to your request for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located at Latitude 45.665522°, Longitude -111.101588°, on or near Farmers Canal, within Section 15, 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. Approximately 1,095 cubic yards (cy3) of native fill, 361 cy3 of 6-inch minus of uncrushed subbase course, 123 cy3 of 1.5-inch crushed gravel and 96 cy3 of asphalt will be used to fill 0.307 acre of jurisdictional wetland in preparation to develop are for a residential subdivision. In addition, a 30-inch reinforced concrete culvert will be placed across Cottonwood road and will be extended 22 linear feet. Based on the information you provided, the proposed activity, permanently affecting approximately 0.307 acre of jurisdictional Wetlands, is authorized by NWP 29, 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 1. Compensatory mitigation will be required for the 0.307 acre of unavoidable impacts to the wetlands adjacent to Farmers Canal. It has been determined that a practicable alternative to compensate for the aquatic resource functions that will be lost as a result of the permitted activity is mitigation by a third party provider. You have selected the Upper Missouri Mitigation Bank (SRI Missouri Headwaters, -2- Printed on Recycled Paper LLC and Eco-Asset Management, LLC) as the party or parties responsible for the implementation, performance, and long-term management of the compensatory mitigation project (332.3[l][1]) and so the following specific provisions apply: 1. Credits must be secured from a third party provider authorized by the U.S. Army Corps of Engineers to provide the mitigation; 2. Credits must come from the same service area as the permitted impacts, as specified in the authorized third party provider’s mitigation strategy or executed Banking Agreement; and The applicant must use the authorized third party provider’s credit multipliers in determining the amount of credits to be purchased (for Upper Missouri Mitigation Bank the multipliers are the same as for the Omaha District) namely (i) released credits are secured on a 1:1 ratio (1 impact debit to 1 mitigation credit), and (ii) after-the-fact credits are secured on a 1:1.5 ratio. In this case 0.307 acres of wetland mitigation credits will be required prior to working in Waters of the U.S., provide this office with documentation of completion of the transaction for securing credits. This can be a letter from the third party provider stating its acceptance of responsibility for the specified mitigation. 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 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 -3- Printed on Recycled Paper 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=regulatory_survey. 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-2017-02234-MTH in any correspondence concerning this project. If you have any questions, please contact Timothy McNew 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 29 Fact Sheet with Regional Conditions Montana DEQ CWA Section 401 Water Quality Certification cc: Barb Vaughn via e-mail: bvaughn@montana.com -4- Printed on Recycled Paper COMPLIANCE CERTIFICATION Corps File Number: NWO-2017-02234-MTH Permit Type: NWP 29 Name of Permittee: Tyson Olsen County: Gallatin County, Montana Date of Issuance: January 18, 2018 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 NJW-112,737 SFOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASX X X XXX X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXUGPUGPGASGASGASGASGASGASGASGASGASGASGASGASGAS4855' 4855' 48 5 5 '4855' 4870' 4860'4865' 4865' 4860' 4865'4870' 4865' 4860' 4865' 4860' 4865'4850'4845'4850' 485 0 ' 4850' 4870' 4870' 4865' 4860' 4855'4845'4850'4850'4855'4860'4865'COTTONWOOD ROADXXXOHP OHP OHP GAS GAS GASGASGASW-213,304 SFLOYAL GARDEN SUB PH 1A PARK AREAPLAT J-462RICHARD, FRANK, AND KRISTIEKOUNTZTRACT 1, COS 2229MAJOR BRANDS DISTRIBUTING CO INCLOT 2 MS 454BCRESENT CROSS LLPMS 454C, LOT 4ACOTTONWOOD ROAD1 inch =0SCALE80'1604080SHEETMADISON ENGINEERING 895 TECHNOLOGY BLVD. STE. 203 BOZEMAN, MT 59718 (406) 586-0262 (406) 586-5740 FAXWETLANDS COTTONWOOD SUBDIVISION WETLAND EXHIBIT BOZEMAN, MTCOTTONWOOD SUB.W1.0-EXISTING CONDITIONS-LEGENDCOTTONWOOD SUBDIVISIONEXISTING CONDITIONS PLAN CLUB HOUSE LANE LOYA L D R I V E MIDDLE STREETOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASUGPUGPGASGASGASGASGASGASGASGASGASGASGASGASGAS4855'4855' 48 5 5 '4855' 4870' 4860'4865' 4865' 4860' 4865'4870'4865'4860' 4865' 4860' 4865'4850'4845'4850'4850' 4850' 4870' 4870' 4865' 4860' 4855'4845'4850'4850'4855'4860'4865'COTTONWOOD ROADOHP OHP OHP GAS GAS GASGASGASLOYAL GARDEN SUB PH 1A PARK AREAPLAT J-462RICHARD, FRANK, AND KRISTIEKOUNTZTRACT 1, COS 2229MAJOR BRANDS DISTRIBUTING CO INCLOT 2 MS 454BCRESENT CROSS LLPMS 454C, LOT 4ACOTTONWOOD ROADIMPACTEDNJW-112,737 SFIMPACTEDW-213,382 SF1 inch =0SCALE80'1604080W1.1-PROPOSED CONDITIONS-LEGENDCOTTONWOOD SUBDIVISIONPROPOSED CONDITIONS PLANSHEETMADISON ENGINEERING 895 TECHNOLOGY BLVD. STE. 203 BOZEMAN, MT 59718 (406) 586-0262 (406) 586-5740 FAXWETLANDS COTTONWOOD SUBDIVISION WETLAND EXHIBIT BOZEMAN, MTCOTTONWOOD SUB.