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HomeMy WebLinkAboutBridger 404 Package Wetlands Supplemental 05-14-2021________________________________________________________________________________________________ 1 Jade Metzler US Army Corps of Engineers Helena Regulatory Office 10 West 15th Street, Suite 2200 Helena, MT 59626 September 14, 2020 RE: Bridge meadows Section 404 Application ___________________________________________________________________________________ Dear Jade, Enclosed is the aquatic resources report for Bridger Meadows in Bozeman, Montana. Bridger Center is a vacant 12-acre property located west of Birdie Drive and Boylan Road and east of the East Gallatin River in Bozeman, Montana (SWNWSE Section 31, Township 1 South, Range 6 East, see Figure 1, delineation summary). You visited this site in 2019 to make a determination on jurisdictional status of wetland-3. I am not in possession of that determination, however that day you ‘unofficially’ stated that the feature was likely JD. I believe rulings may have changed since then, therefore we need another determination for this wetland. The project at this time, including the small impact for wetland-3, has been limited to 0.078 acre; no mitigation would be required. Please contact me for a site visit if an additional site visit is required. Please contact me with any questions: (406) 580-6993 or lbacon@terraquaticllc.com . Thank you, Jade. Sincerely, Lynn M. Bacon, PWS TerraQuatic, LLC 614 W. Lamme Street Bozeman, MT 59715 JOINT APPLICATION FOR PROPOSED WORK IN MONTANA’S STREAMS, WETLANDS, FLOODPLAINS, AND OTHER WATER BODIES Use this form to apply for one or all local, state, or federal permits listed below. “Information for Applicant” includes agency contacts and instructions for completing this application. To avoid delays, submit all required information, including a project site map and drawings. Incomplete applications will result in the delay of the application process. Other laws may apply. It is the applicant’s responsibility to obtain all permits and landowner permission, when applicable, before beginning work.  PERMIT AGENCY FEE 310 Permit Local Conservation District No fee SPA 124 Permit Department of Fish, Wildlife and Parks No fee Floodplain Permit Local Floodplain Administrator Varies by city/county ($25 - $500+) Section 404 Permit, Section 10 Permit U. S. Army Corps of Engineers Varies ($0 - $100) 318 Authorization 401 Certification Department of Environmental Quality $250 (318); $400 - $20,000 (401) Navigable Rivers Land Use License or Easement Department of Natural Resources and Conservation, Trust Lands Management Division License $25; Easement $50, plus annual fee A. APPLICANT INFORMATION NAME OF APPLICANT:___________________________________________________________________ Has the landowner consented to this project? • Yes • No Mailing Address: ________________________________________Day Phone: ________________________ Physical Address: _______________________________________ Evening phone: _____________________ City/State/Zip: _______________________________________ E-Mail: ______________________________ NAME OF LANDOWNER (if different from applicant):___________________________________________ Mailing Address: _______________________________________ Day Phone: _________________________ Physical Address: _______________________________________ Evening Phone: ______________________ City/State/Zip: _______________________________________ E-Mail: _______________________________ NAME OF CONTRACTOR/AGENT (if one is used):____________________________________________ Mailing Address: _______________________________________ Day Phone: _________________________ Physical Address: _______________________________________ Evening Phone: ______________________ City/State/Zip: _______________________________________ E-Mail: _______________________________ B. PROJECT SITE INFORMATION NAME OF STREAM or WATER BODY at project location _____________ Nearest Town ______________ Address/Location:_______________________________Geocode (if available): __________________________ ____1/4 ____1/4 ____1/4, Section ________, Township _________, Range _________ County ____________ Longitude _____________________, Latitude ________________________________ ATTACH A PROJECT SITE MAP OR A SKETCH that includes: 1) the water body where the project will take place, roads, tributaries, landmarks; 2) a circled “X” representing the exact project location. IF NOT CLEARLY STATED ON THE MAP OR SKETCH, PROVIDE WRITTEN DIRECTIONS TO THE SITE. The state owns the beds of certain state navigable waterways. Is this a state navigable waterway? Yes or No. If yes, send copy of this application to appropriate DNRC land office – see Information for Applicant. AGENCY USE ONLY: Application # ___________ Date Received ____________ Date Accepted ________________/ Initials _____ Date Forwarded to DFWP ____________ Revised: 2/16/10 (310 form 270) Form may be downloaded from: www.dnrc.mt.gov/permits/default.asp This space is for all Department of Transportation and SPA 124 permits (government projects). Project Name _________________________________________________ Control Number ________________________________ Contract letting date ________________________________________________ MEPA/NEPA Compliance  Yes  No If yes, #14 of this application does not apply. C. PROJECT INFORMATION 1. TYPE OF PROJECT (check all that apply)  Bridge/Culvert/Ford Construction  Fish Habitat  Mining  Bridge/Culvert/Ford Removal  Recreation (docks, marinas, etc.)  Dredging  Road Construction/Maintenance  New Residential Structure  Core Drill  Bank Stabilization/Alteration  Manufactured Home  Placement of Fill  Flood Protection  Improvement to Existing Structure  Diversion Dam  Channel Alteration  Commercial Structure  Utilities  Irrigation Structure  Wetland Alteration  Pond  Water Well/Cistern  Temporary Construction Access  Debris Removal  Excavation/Pit  Other _____________________________________________ 2. PLAN OR DRAWING of the proposed project MUST be attached. This plan or drawing must include: • a plan view (looking at the project from above) • a cross section or profile view • dimensions of the project (height, width, depth in feet) • an elevation view • location of storage or stockpile materials • dimensions and location of fill or excavation sites • drainage facilities • location of existing or proposed structures, such as • an arrow indicating north buildings, utilities, roads, or bridges 3. IS THIS APPLICATION FOR an annual maintenance permit?  Yes  No (If yes, an annual plan of operation must be attached to this application – see “Information for Applicant”) 4. PROPOSED CONSTRUCTION DATE. Include a project timeline. Start date _____/_____/_____ Finish date_____/_____/_____ Is any portion of the work already completed?  Yes  No (If yes, describe the completed work.) 5. WHAT IS THE PURPOSE of the proposed project? 6. WHAT IS THE CURRENT CONDITION of the proposed project site? Include a description of the existing vegetation, bank condition, bank slope, and height. What other structures are nearby? 7. PROVIDE A BRIEF DESCRIPTION of the proposed project. 8. PROJECT DIMENSIONS. How many linear feet of bank will be impacted? How far will the proposed project encroach into and extend away from the water body? 9. VEGETATION. What type and how much vegetation will be removed or covered with fill material? 10. MATERIALS. Describe the materials to be used and how much. Cubic yards/Linear feet Size and Type Source 11. EQUIPMENT. What equipment is proposed to be used for the work? Where and how will the equipment be used on the stream bank and/or the waterbody? 12. CONSIDER THE IMPACTS OF THE PROPOSED PROJECT, EVEN IF TEMPORARY. Describe planned efforts during and after construction to: • Minimize erosion, sedimentation, or turbidity? • Minimize stream channel alterations? • Minimize effects to stream flow or water quality caused by materials used or removal of ground cover? • Minimize effects on fish and aquatic habitat? • Minimize risks of flooding or erosion problems upstream and downstream? • Revegetate/protect existing vegetation and control weeds? 13. WHAT ARE THE NATURAL RESOURCE BENEFITS of the proposed project? 14. LIST ALTERNATIVES to the proposed project. Why was the proposed alternative selected? D. ADDITIONAL INFORMATION FOR SECTION 404, SECTION 10, AND FLOODPLAIN PERMITS. If applying for a Section 404 or Section 10 permit, fill out questions 1-3. If applying for a floodplain permit, fill out questions 3-6. (Additional information is required for floodplain permits – See “Information for Applicant.”) 1. Will the project involve placement of fill material in a wetland? If yes, describe. How much wetland area will be filled? Calculate the area impacted by fill activity or other disturbance. Note: A delineation of the wetland may be required. 2. If there is a plan for compensatory mitigation, describe the location, type, and amount of proposed mitigation. Attach additional sheet if necessary. 3. List the names and address of landowners adjacent to the project site. This includes properties adjacent to and across from the project site. (Some floodplain communities require certified adjoining landowner lists). _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 4. List all applicable local, state, and federal permits and indicate whether they were issued, waived, denied, or pending. Note: All required local, state, and federal permits, or proof of waiver must be issued prior to the issuance of a floodplain permit. 5. Floodplain Map Number _____________________________ 6. Does this project comply with local planning or zoning regulations?  Yes  No E. SIGNATURES/AUTHORIZATIONS Each agency must have original signatures signed in blue ink. After completing the form, make the required number of copies and then sign each copy. Send the copies with original signatures and additional information required directly to each applicable agency. The statements contained in this application are true and correct. I possess the authority to undertake the work described herein or I am acting as the duly authorized agent of the landowner. I authorize inspection of the project site after notice by inspection authorities. APPLICANT: LANDOWNER: Print Name: _____________________________ Print Name: _____________________________ ______________________________________ ________________________________________________ Signature of Applicant Date Signature of Landowner Date *CONTRACTOR/AGENT: Print Name: ______________________________ ________________________________________ Signature of Contractor/Agent Date *Contact agency to determine if contractor signature is required. FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE, INC.,2021 N:\5311\001.01 - PUD\ACAD\Exhibits\5311-001_WETLAND MSTR-Impacted.dwg Plotted by cody farley on May/11/2021 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net 5311.002 EX. B DS BOZEMAN MONTANA EXHIBIT B - AQUATIC RESOURCES IMPACT MGH BRIDGER MEADOWS SUBDIVISION MGH 05/2021 DELINEATED WETLAND BOUNDARY LEGEND ESTIMATED WETLAND BOUNDARY WETLAND - 1 (EST. 1.11 AC.) WETLAND - 2 (EST. 1.87 AC.) WETLAND - 3 (0.22 AC.) WETLAND - 4 (0.01 AC.) WETLAND - 4a (0.05 AC.) NWW-1 NWW-1a EXISTING STORM WATER BASIN 30' UTILITY EASEMENT UPLAND AREAS NWW-1 (EST. 30 L.F., 3' WIDE) NWW-1a (EST. 75 L.F., 3' WIDE) DP EST. = ESTIMATED AC. = ACRES NWW = NON-WETLAND WATERWAY L.F. = LINEAR FEET DP = USACE DATA POINT LOCATION DP-1w DP-1u DP-3u DP-2w DP-4w DP-4u DP-3u DP-3w DP-4A-w DP-4A-u AQUATIC RESOURCE IMPACTS SHEET FEATURE LENGTH (LF)AREA (ACRE) NONWETLAND WATER WAY (NWW) 1 NWW-1 30.00 0.002 1 NWW-1a ---- TOTAL 30.00 0.002 WETLAND (WL) 1 WL-1 0.044 1 WL-3 0.035 1 WL-4 0.010 TOTAL 0.089 GRAND TOTAL 30.00 0.091 NOTE: DELINEATION CONDUCTED 10/05/2018 AND 04/27/2019 BY TERRAQUATIC, LLC.1 - WETLAND 4 SCALE: 1" = 30'-0" PROPOSED GRADING LIMITS SEE DETAIL 1 - LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15SHADY GLEN LANE B O Y L A N R O A D LOT 16 ____________________________________________________________________________________ 1 Technical Memorandum To: Tom Murphy Bridger Center, LLC 1450 Cherry Drive Bozeman, MT 59718 From: Lynn Bacon, PWS TerraQuatic, LLC 614 West Lamme Street Bozeman, MT 59715 Date: June 24, 2019 Subject: Bridger Center Wetland and Nonwetland Waterway Delineation ________________________________________________________________________________ 1.0 INTRODUCTION Bridger Center is a vacant 12-acre property located west of Birdie Drive and Boylan Road and east of the East Gallatin River in Bozeman, Montana (SWNWSE Section 31, Township 1 South, Range 6 East; Figure1). The property is comprised of East Gallatin riparian forest and approximately six acres of hay meadow. The Village Green, Bridger Creek Subdivision and Bridger Creek Condominiums border the east and northeast side of the property, respectively. The Story Mill Spur Trail borders the east and north property boundaries. A man-made stormwater/groundwater drainage ditch is located east of the project boundary between the east segment of the spur trail and Boylan Road sidewalk. Groundwater is collected by French drain pipes under the east segment of the spur trail and outlets into the west-middle side of the ditch. Stormwater from the curb and gutters east of the project site empties into the south end of the ditch. The ditch outlets to a stormwater pond north of the subject property and north segment of the spur trail. The 2013, 2018 and 2019 delineations were conducted in various segments of the subject property. The large wetland/upland riparian forest in the southwest corner of the property will not be affected by the proposed work. Wetland/upland boundaries were estimated in this area to satisfy City of Bozeman requirements. The south edge of this riparian forest was officially delineated to define the outer limits of the wetland complex. Areas 50 feet west of the west boundary were included in the delineation investigation area to insure City of Bozeman wetland buffer regulations area incorporated into the proposed development design. The man-made stormwater pond north of the property and the stormwater/drainage ditch east of the property were not delineated given the City of Bozeman does not require 50-foot setbacks along stormwater facilities. However, a 60-foot reach of the ditch was delineated to facilitate permitting for a future utility crossing. Bridger Center Wetland and Nonwetland Waterway Delineation June 24, 2019 ____________________________________________________________________________________ 2 Figure 1. Bridger Center Property, Bozeman, Montana (estimated property boundary is indicated by the red polygon). 2.0 METHODS 2.1 Wetland Delineation Wetlands were originally delineated in late August/early September 2013 using the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys and Coast (Version 2.0) (U. S. Army Corps of Engineers [USACE] 2010). At that time the 2013 National Wetland Plant List was used to determine vegetation indicator status (Lichvar et al. 2013). Because the project site took several years to be annexed into the City of Bozeman, the wetland delineation data expired in September 2018. Therefore, on June 6, 2018 the site was revisited to verify wetland boundaries and all previously-collected vegetation data were updated according to the 2016 National Wetland Plant List (Lichvar 2018). Wetlands-1 and 2 remained stable and wetland-3 had increased in size. In October of 2018 wetland-3 was redelineated. The wetland has grown in size because the stormwater pond north of the property is malfunctioning: the pond has less than one foot of free-board because of excess sediment retention and is 80 percent vegetated with cattail (Typha latifolia) and willow (Salix spp.). In April 2019, areas within 50 feet of the west boundary and the south edge of the wetland/upland riparian forest complex were delineated. The neighboring stormwater pond outlet channel and its wetland fringe (wetland-4A) were also redelineated in April, 2019. Wetland/upland boundaries within N Bridger Center Wetland and Nonwetland Waterway Delineation June 24, 2019 ____________________________________________________________________________________ 3 the internal area of the forest complex were estimated in June 2019. Data points (DP) in all years were established within each wetland and adjacent nonwetland area. At each data point wetland indicator data were collected and analyzed using USACE wetland determination data forms. 2.2 Nonwetland Waterways Nonwetland waterways are those scoured portions of river, stream, or ditch-associated habitat that are not vegetated with emergent species (erect, rooted, herbaceous wetland plants). Waterways, whether ephemeral, intermittent, or perennial, typically exhibit scour or areas denuded of vegetation as a result of flowing water over the soil surface. Areas of ponded water with no emergent vegetation are also considered nonwetland areas. The perimeter of all waterbodies and the ordinary high water marks of all channels were surveyed and areas or linear feet quantified. 3.0 RESULTS A wetland (WL) and nonwetland waterway (NWW) delineations was conducted by TerraQuatic, LLC in August/September 2013, June/October 2018, and in April 2019. The aquatic resources delineation map is included in Exhibit A (Appendix A). All wetland features were photographed (Appendix B). The only aquatic feature illustrated on Montana Natural Heritage Program (MNHP 2019) wetland and riparian map is the shallow wetland pond (wetland -1) (Appendix C). Wetland determination data forms are included in Appendix D. 3.1 Wetlands The Bridger Center project site is comprised of 3.26 acres of wetlands within the investigation boundary. Four wetland systems and one nonwetland waterway were delineated. Identification number, wetland acreages, data point number, and general characteristics of these wetland features and nonwetland waterways are listed in Table 3.1. Wetland-1 is a diverse palustrine emergent (PEM) community with an aquatic bed (less than 2-foot deep shallow open water). The west edge of wetland-1 forms the east edge of the wetland-2 wetland/upland riparian complex. This east boundary line was “informally” delineated to satisfy City of Bozeman wetland regulation requirements. A formal delineation, i.e. creation of data points and conducting a formal line survey, of this interior area would be extremely difficult because of its jungle characteristics. Because no disturbance will occur in this area, the aerial delineation was deemed adequate to satisfy City regulations. The informal delineation was conducted by traversing wetland/upland boundary lines while scribing the limits of dominant hydrophytic vegetation communities on an aerial photograph. The west edge of wetland-1 will not be disturbed by the proposed development. Wetland-2 is a palustrine scrub-shrub (PSS) community within the southwest corner of the subject property. The east edge of this wetland/upland riparian complex is defined by the west edge of wetland-1. Internal wetland/upland boundaries were unofficially delineated; no impacts are proposed within the interior of this riparian complex. The interior riparian complex will be preserved for wildlife habitat and remain undisturbed. Bridger Center Wetland and Nonwetland Waterway Delineation June 24, 2019 ____________________________________________________________________________________ 4 Table 3.1. Bridger Center Aquatic Resources Delineation Summary Wetland (WL) Acreage Wetland Data Point Cowardin Type1 Likely JD Status2 Hydric Soil Indicators3 Hydrologic Source Description and/or Dominant Vegetation Species WL-1 1.11* DP-1w PEM Yes F3 groundwater (likely East Gallatin aquifer) reed canary grass (Phalaris arundinacea, FACW), beaked sedge (Carex utriculata, OBL), woolly sedge (C. pellita, OBL), wheat sedge (C. atherodes, OBL), round-fruit rush (Juncus compressus, OBL), Baltic rush (J. balticus, FACW), dagger-leaf rush (J. ensifolius, FACW), chairmaker’s club-rush (Schoenoplectus americanus, OBL), spreading bent (Agrostis stolinifera, FAC), broad-leaf cat-tail (Typha latifolia, OBL), common spike-rush (Eleocharis palustris, OBL), sandbar willow (Salix exigua, FACW), alder (Alnus sp.) WL-2 1.87* DP-2w PSS Yes F3 groundwater (likely East Gallatin aquifer) alder, red-osier dogwood (Cornus sericea, FACW), spreading bent, reed canary grass WL-3 0.22 DP-3w PEM Unknown Other groundwater (from malfunctioning off-property stormwater basin) spike-rush, Kentucky bluegrass, Nebraska sedge (C. nebrascensis, OBL), field meadow-foxtail (Alopecurus pratensis, FAC) WL-4 0.01 DP-4w PSS Yes off-property stormwater ditch (NWW-1) fringe Sandbar willow, quaking aspen (Populus tremuloides, FAC), knotweed (Persicaria maculosa, FACW), leafy tussock sedge (Carex aquatilis, OBL) WL-4a 0.05 DP-4w-1 PSS Yes F6 off-property stormwater pond outlet (fringe along NWW-1a: collects water from stormwater ditch NWW-1/WL-4 system) balsam popular (Populus balsamifera, FAC), red-osier dogwood (no emergent vegetation) TOTAL 3.26 Nonwetland Waterway Acreage6 Linear Feet6 - Likely JD Status2 - Hydrologic Source Notes NWW-1 0.0007 30 - Unknown - street and french drain stormwater OFF PROPERTY: connects to the East Gallatin River NWW-1a 0.0003 75 - Unknown - stormwater collection pond (from NWW-1 channel) connects to the East Gallatin River 1 PEM-Palustrine Emergent; PSS-Palustrine Scrub-Shrub (Cowardin et al. 1979; MNHP 2018) 2 USACE makes the final jurisdictional (JD) determination. 3 F3 – Depleted Matrix; F6-Redox Dark Surface; Other – see USACE Data Forms for reasoning. * Areas estimated based on “informal” wetland determination boundaries inside of the wetland/upland riparian complex. Bridger Center Wetland and Nonwetland Waterway Delineation June 24, 2019 ____________________________________________________________________________________ 5 Wetland-3 is an isolated PEM wetland. This wetland is surrounded by upland and has grown at least 100 percent in five years because of groundwater influences from the malfunctioning and unmaintained stormwater basin north of the property. The basin is choked with sediment and at least 80 percent vegetated with willows and cattail. Wetland-3 is in close proximity (50 feet) to the stormwater basin outflow that connects to the East Gallatin River. Wetland-4 is the PSS fringe along the stormwater/drain ditch located along the east side of the subject property. The ditch enters the malfunctioning stormwater basin north of the property. Wetland-4a is the fringe along the stormwater basin outflow. 3.2 Nonwetland Waterways NWW-1 is the stormwater/drain ditch west of Boylan Road and the property boundary and NWW-1a is the stormwater basin outlet channel. The stormwater conveyance system connects to the East Gallatin River. NWW-1 was delineated in the event a foot bridge is required at this location. 4.0 SUMMARY An estimated 3.26 acres of wetlands and 75 feet of stormwater channelbed occur within the subject property. Off property 30 feet of stormwater/drainage channelbed is located immediately east of the property. No MT310 would be required to impact either of the channelbed because they are not perennial or intermittent streams but arise from stormwater collection. A Section 404 Permit would be required to impact all jurisdictional features; it is unknown if the USACE/EPA would qualify wetland-3 or any of the stormwater features (wetlands-4/4a) as jurisdictional. A site visit will be scheduled during the summer of 2019 to make these determinations. Noxious Weed control has been conducted for the last several years and is ongoing. Bridger Center Wetland and Nonwetland Waterway Delineation June 24, 2019 ____________________________________________________________________________________ 6 5.0 REFERENCES Cowardin, L., V. Carter, F. Golet, and E. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. USDI Fish and Wildlife Service. Washington, D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station. Site accessed December 2012: http://el.erdc.usace.army.mil/wetlands/pdfs/wlman87.pdf. Lichvar, R. W. 2013. National Wetland Plant List: 2013 Wetland Ratings. Phytoneuron 2013-49:1- 241. July 17, 2013. ISSN 2153 733X. Lichvar, R.W., M. Banks, W.N., W.N. Kirchner, and N.C. Melvin. 2016. The National Wetland Plant List: 2016 Wetland Ratings. Phytoneuron 2016-30:1-17. Published 28 April 2016. ISSN 2153 733X. Montana Natural Heritage Program (MNHP). 2019. Wetland and Riparian Mapping http://mtnhp.org/mapviewer/?t=8 . U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), ed. J.S. Wakely, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Department of Agriculture (USDA). 2019. Natural Resources Conservation Service Soil Survey Geographic (SSURGO) Database for Gallatin County Area, Montana. Site accessed April 2019: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx .