HomeMy WebLinkAboutNWO-2021-00868-MTH_NWP29-2021_verifyDEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TH STREET, SUITE 2200 HELENA, MONTANA 59626-9705
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July 8, 2021
SUBJECT: 2021 Nationwide Permit Verification; Bridger Center, LLC (TerraQuatic) Bridger Meadows Section - Unnamed Wetlands (Gallatin County); USACE File No.
NWO-2021-00868-MTH
Tom Murphy Bridger Center, LLC 1450 Cherry Dr
Bozeman, Montana 59715
Dear Mr. Murphy: We are responding to your request for Nationwide Permit (NWP) verification for the
above-mentioned project. The project is located at Latitude 45.705711°,
Longitude -111.030686, within Section 31, Township 1 S, Range 6 E, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.:
1. [Wetland 1]: Placement of approximately - General Earthfill (subsoil) = 74 CY Topsoil (6-inch depth) = 35 CY impacting 0.044 acre of wetland to facilitate the construction of Bridger Meadows PUD.
2. [Wetland 3]: Placement of approximately - General Earthfill (subsoil) = 204 CY
Topsoil (6-inch depth) = 28 CY of material impacting approximately 0.035 acre to facilitate the construction of Bridger Meadows PUD. 3. [Wetland 4]: Placement of - 12-inch Polypropylene Culvert = 30 LF, General Earthfill
(subsoil) = 12 CY, Topsoil (6-inch depth) = 10 CY impacting 0.002 acre of a non-
wetland waterway and 0.01 acre of Wetland 4to facilitate the construction of Bridger Meadows PUD. Under the authority of Section 404 of the Clean Water Act (CWA), DA permits are
required for the discharge of fill material into waters of the U.S. Waters of the U.S.
include the area below the ordinary highwater mark of stream channels and lakes, or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man-made channels, may be waters of the U.S. in certain circumstances, which must be determined on a case-by-case basis.
Based on the information you provided, the proposed activity, permanently affecting approximately 0.091 acre of emergent wetlands, is authorized by NWP 29 Residential
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Developments, found in the January 13, 2021, Federal Register (86 FR 2744),
Reissuance and Modification 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.
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, 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 14, 2026, 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). 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 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: https://regulatory.ops.usace.army.mil/customer-service-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.
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Please refer to identification number NWO-2021-00868-MTH in any correspondence
concerning this project. If you have any questions, please contact Jade Metzler by email
at jade.m.metzler@usace.army.mil or telephone at (406) 441-1365. Sincerely,
Jade M. Metzler Regulatory Project Manager
Enclosures: 1. Compliance Certification 2. NWP 29 Residential Developments Fact Sheet with Regional Conditions 3. CWA Section 401 Water Quality Certification
Copy Furnished: Lynn Bacon (TerraQuatic LLC) via email at lbacon@terraquaticllc.com
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COMPLIANCE CERTIFICATION
USACE File Number: NWO-2021-00868-MTH Permit Type: NWP 29 Residential Developments
Name of Permittee: Tom Murphy / Bridger Center, LLC County: Gallatin County, Montana
Date of Issuance: July 7, 2021
Project Manager: Jade Metzler
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to Montana.Reg@usace.army.mil or the following address: US Army Corps of Engineers
Omaha District Helena Regulatory Office 10 W 15th 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