HomeMy WebLinkAboutCottonwood_NWO_022819 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
February 21, 2019
Regulatory Branch
Montana State Program
Corps No. NWO-2017-02234-MTH
Subject: Casey Lynch (Vaughn Environmental Services) - Cottonwood Subdivision - Farmer's
Canal - (Gallatin County)
The Cottonwood Project, LLC
ATTN Casey Lynch
3112 Los Feliz Boulevard
Los Angeles, CA 90039
Dear Mr. Lynch:
We are responding to your request for Nationwide Permit (NWP)verification for the
above-mentioned project. The project is located at Latitude 45.6655220, 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 I Description
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 0.337 acre of jurisdictional wetland in preparation to
a. 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 0.337 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
Compensatory mitigation will be required for the 0.337 acre of unavoidable
impacts to the wetlands adjacent to Farmers Canal. It has been determined that a
1. 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,
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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[I][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 0.337 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
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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.miI/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,
MCNEW.TIMOTHY.M.12822 Digitally signed by MCNEW.TIMOTHY.M.1282229745
DN:c=US,o=U.S.Government,ou=DoD,ou=PKI,
29745 ou=USA,cn=MCNEW.TIMOTHY.M.1282229745
Date:2019.02.22 15:19:22-07'00'
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(cDmontana.com
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COMPLIANCE CERTIFICATION
Corps File Number: NWO-2017-02234-MTH
Permit Type: NWP 29
Name of Permittee: The Cottonwood Project, LLC, ATTN Casey Lynch
County: Gallatin County, Montana
Date of Issuance: February 21, 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.
aL
Signature of Permittee
I11011
Date
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