HomeMy WebLinkAboutNWO-2020-00394_letter_05142021DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TH STREET, SUITE 2200 HELENA, MONTANA 59626 REPLY TO ATTENTION OF
May 20, 2021 Regulatory Branch Montana State Program Corps No. NWO-2020-00394-MTH Subject: Bozeman Gateway Development Irrigation Ditch Work - West Gallatin Canal Ted Mitchell Mitchell Development Group PO Box 738
Great Falls, Montana 59403 Dear Mr. Mitchell:
We are responding to your request for an approved jurisdictional determination regarding the above-referenced project. The approximate 40-acre project site is located on Section Line
Ditch and the West Gallatin Canal, at Latitude 45.670214°, Longitude -111.083774°, in Section 15, Township 2 S, Range 5 E, Gallatin County, Montana. Based on available information, an approved jurisdictional determination has been completed for the areas identified in your request and is enclosed for your information. We concur with the estimate of waters of the United States, as depicted on the enclosed map, and reports dated October 2019, entitled “Bozeman Gateway Phase 5”, prepared by Morrison Maierle. Approximately 1.45 acres of palustrine and emergent wetlands and 2,258 linear feet of ditches are present within the survey area. The 3.14-acres of additional waters identified on the attached map as Tributary (2,258 linear
feet), PEM (0.44 acre), PFO (0.88 acre), PSS (0.13 acre) do not meet the definition of waters of United States because they meet the criteria of the following exclusions (b)(1) Water or water feature that is not identified in (a)(1)-(a)(4) and does not meet the other (b)(1) subcategories and
the ditches are considered as (b)(5) Ditch that is not an (a)(1) or (a)(2) water, and those portions of a ditch constructed in an (a)(4) water that do not satisfy the conditions of (c)(1) and are intrastate isolated waters with no apparent interstate or foreign commerce connection. As such,
these waters are not currently regulated by the Corps of Engineers. This disclaimer of jurisdiction is only for Section 404 of the Federal Clean Water Act. Other Federal, State, and local laws may apply to your activities. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. A Notification of Appeal Process (NAP) and Request for Appeal (RFA) form is enclosed. If you request to appeal this determination you must submit a completed RFA form to the Northwestern Division Office, Regulatory Appeals Review Officer, Melinda Larsen at Melinda.M.Larsen@usace.army.mil. For any questions you may contact her at (503) 808-
3888.Northwestern Division
-2-
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 C.F.R. part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by July 19, 2021. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination
in this letter. This determination has been conducted to identify the limits of Corps of Engineers' Clean Water Act jurisdiction for the particular site identified in this request. This determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are U.S. Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. This determination is valid for five (5) years from the date of this letter, unless new information warrants revision of the determination before the expiration date.
Please refer to identification number NWO-2020-00394-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 by telephone at (406) 441-1375.
Sincerely, Sage L. Joyce Montana Program Manager Enclosures: NAP/RFA Delineation Map