Loading...
HomeMy WebLinkAbout006 Wetland Delineation_Report_Original March 26, 2015 WESTLAKE VILLAGE SUBDIVISION WETLAND AND WATERWAY DELINEATION REPORT PROJECT NUMBER: 137861 PROJECT CONTACT: Erik Nyquist, PWS EMAIL: erik.nyquist@powereng.com PHONE: (208)-659-8403 POWER ENGINEERS, INC. Wetland and Waterway Delineation Report WETLAND AND WATERWAY DELINEATION REPORT PREPARED FOR: HAYSTACK DEVELOPMENT PREPARED BY: ERIK NYQUIST, PWS (208) 659-8403 ERIK.NYQUIST@POWERENG.COM POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE i TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................... 1 1.1 SITE DESCRIPTION .................................................................................................................. 1 1.2 JURISDICTIONAL AUTHORITY ................................................................................................. 1 2.0 METHODS ................................................................................................................................ 3 2.1 ANALYSIS OF EXISTING DATA ................................................................................................ 3 2.2 FIELD INVESTIGATIONS .......................................................................................................... 3 2.2.1 Soils ................................................................................................................................ 4 2.2.2 Vegetation....................................................................................................................... 4 2.2.2 Hydrology ....................................................................................................................... 4 3.0 RESULTS .................................................................................................................................. 6 3.1 DESKTOP ANALYSIS ............................................................................................................... 6 3.1.1 Topographic Map ........................................................................................................... 6 3.1.2 Aerial Map ...................................................................................................................... 6 3.1.3 Soils ................................................................................................................................ 6 3.1.4 Wetlands ......................................................................................................................... 6 3.1.5 Waterways ...................................................................................................................... 7 3.1.6 Floodplains ..................................................................................................................... 7 3.2 FIELD INVESTIGATIONS .......................................................................................................... 7 3.2.2 Results ............................................................................................................................ 7 4.0 SUMMARY ............................................................................................................................. 10 5.0 LITERATURE CITED .......................................................................................................... 11 APPENDICES: APPENDIX A WETLAND/WATERWAY PHOTOGRAPHS ................................................................. A-1 APPENDIX B USACE WETLAND DETERMINATION DATASHEETS ............................................... B-1 TABLES: TABLE 1 MAPPED SOIL UNITS ........................................................................................................... 6 TABLE 2 SUMMARY DATA FOR WETLANDS/WATERWAYS ............................................................... 8 TABLE 3 SUMMARY OF OBSERVED WETLAND CRITERIA ................................................................. 9 FIGURES: FIGURE 1 TOPOGRAPHIC/VICINITY MAP .......................................................................................... 15 FIGURE 2 AERIAL MAP ..................................................................................................................... 16 FIGURE 3 SOILS MAP ........................................................................................................................ 17 FIGURE 4 NWI/NHD MAP ................................................................................................................ 18 FIGURE 5 WETLAND/WATERWAY DELINEATION MAP .................................................................... 19 POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE ii ACRONYMS AND ABBREVIATIONS CFR Code of Federal Regulations CWA Clean Water Act EPA Environmental Protection Agency FAC Facultative FACW Facultative Wetland FEMA Federal Emergency Management Act FR Federal Register NAIP National Agriculture Imagery Program NHD National Hydrography Dataset NRCS Natural Resource Conservation Service NWI National Wetland Inventory OBL Obligate Wetland OHWM Ordinary High Water Mark PEM Palustrine Emergent POWER POWER Engineers, Inc. Project Westlake Village Subdivision Project RHA River and Harbors Act U.S.C. United States Code U.S. United States USACE United States Army Corps of Engineers USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service USGS United States Geological Survey WQC Water Quality Certification POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 1 1.0 INTRODUCTION POWER Engineers, Inc. (POWER) was retained by Haystack Development to complete a delineation of potentially regulated wetlands and waterways (i.e., identifying boundaries of wetlands and waterways potentially regulated by the federal government [waters of the United States (U.S.)] within an approximately 53.8-acre site identified as the proposed Westlake Village Subdivision (Project). The proposed Project includes a residential and commercial development located in Bozeman, Montana. The legal description of the Project area is the southwest quarter of Section 26, Township 1 South, Range 5 East, Bozeman, Gallatin County, Montana. This report presents the professional opinion of POWER regarding the presence/absence of potentially regulated wetlands and waterways. The final determination of the limits and jurisdictional status of on-site wetlands and waterways is under the purview of the U.S. Army Corps of Engineers (USACE) and may require an on-site inspection with the USACE. 1.1 Site Description The majority of the Project area consists of flat agricultural land currently in wheat production. A large barn is located in the northern portion of the Project area and a gravel access road bisects the western portion of the Project area. The southwestern boundary of the Project area extends along a riparian corridor associated with an unnamed perennial drainage and is located adjacent to a man-made pond. The Project area is bound by East Valley Center Road and Westlake Road to the north; North 27th Avenue to the east; undeveloped land and a school bus facility to the south; a riparian area/pond to the southwest; and a residence, riparian area/stream, and a pond to the west. A total of approximately 53.8 acres were investigated for the presence of wetlands and waterways associated with the Project area. A topographic map of the Project area is provided as Figure 1 and an aerial map as Figure 2. 1.2 Jurisdictional Authority The USACE has primacy over the regulation of navigable waters of the U.S. under Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA) and federal jurisdictional waters under Section 404 of the Clean Water Act (CWA). Navigable waters are defined as waters that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Federal jurisdictional waters include navigable waters and all other waters that are regulated by the USACE, which together are referred to as “waters of the U.S.” Impacts to waters of the U.S. are regulated by the USACE through Section 404 of the CWA (33 United States Code [U.S.C.] § 1344) and Section 10 of the RHA (33 U.S.C. § 403). In addition, prior to federal authorization for impacts to waters or wetlands, a water quality certification (WQC) must first be obtained from the applicable state as defined in Section 401 of the CWA (33 U.S.C. § 1341). Waters of the U.S. currently include traditional navigable waters and their adjacent wetlands; non- navigable tributaries of traditional navigable waters that are relatively permanent (tributaries that flow year round or have continuous flow at least seasonally [three months]); and wetlands that directly abut such tributaries (40 Code of Federal Regulations [CFR] 230.3(s)). The CWA jurisdiction also covers non-navigable tributaries and their adjacent wetlands that are not relatively permanent and wetlands adjacent to but not directly abutting a relatively permanent non-navigable tributary when a fact-specific analysis determines that those waters have a significant nexus with traditional navigable waters. A significant nexus determination must be completed in order to prove whether or not a water feature in question has more than an insubstantial or speculative hydrological or ecological effect on the chemical, physical, and/or biological integrity of a downstream traditional navigable water (EPA 2008; USACE and EPA 2014). POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 2 On April 21, 2014, the Environmental Protection Agency (EPA) and the USACE published for public comment in the Federal Register (FR; 79 FR 22188) a proposal to enhance protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the U.S.” protected under the CWA. The extended comment period was closed on November 14, 2014, and the final rule is expected to be published in April 2015 (Federal Register 2015). The objective of the proposed guidance is to reduce uncertainty, litigation risk, inconsistent application of the CWA, and to reduce the amount of waters in a jurisdictional gray area which require case-specific determinations. Under the proposed guidance, the EPA and USACE intend to define “waters of the U.S.” for all sections of the CWA to mean: traditional navigable waters; interstate waters, including interstate wetlands (e.g., waters or wetlands physically located on the border between two states or countries); the territorial seas; and impoundments, tributaries, adjacent waters, or adjacent wetlands of these features. Pending the final ruling, waters in these categories would be jurisdictional “waters of the U.S.” by rule and no additional analysis would be required. In addition, on a case-specific basis, upstream headwaters, wetlands, lakes, man-made channels with perennial flow, or other waters or wetlands may be considered waters of the U.S. where science supports an important and identifiable chemical, physical, or biological effect on downstream navigable waters. Prairie potholes, vernal pools, and playa lakes may act as a collective group of similar waters meeting the significant nexus test, and thus may also warrant protection (USACE and EPA 2014). Under current guidance, the USACE generally will not assert jurisdiction over swales or erosional features (e.g., gullies, small washes characterized by low volume, infrequent, or short duration flow), and ditches (including roadside ditches) excavated wholly in and draining only uplands that do not carry a relatively permanent flow of water (EPA 2008). The proposed guidance expands that ditches that are dug wholly in uplands must flow 365 days a year into a jurisdictional water to be considered a waters of the U.S. Other features excluded as waters of the U.S. under the proposed guidance include waste treatment systems; prior converted cropland; artificially irrigated areas; artificial lakes, ponds, reflecting pools, swimming pools, or small ornamental waters constructed on dry lands; water-filled depressions created incidental to construction activity; groundwater, including groundwater drained through subsurface drainage systems; and gullies, rills and non-wetland swales (USACE and EPA 2014). POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 3 2.0 METHODS 2.1 Analysis of Existing Data Prior to the commencement of the on-site field investigation, POWER reviewed available technical documents, databases, and maps to determine the potential extent of wetlands and waterways within the Project area. These data included: • United States Geological Survey (USGS) 7.5-minute Topographic Quadrangle Map: Bozeman, Montana (USGS 1998). • National Agriculture Imagery Program (NAIP) Aerial Photography (NAIP 2013). • United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS) Digital General Soil Map of the U.S. (NRCS 2006) and the NRCS Web Soil Survey (NRCS 2015). • U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) Wetlands Mapper (USFWS 2015). • U.S. Geological Survey (USGS) National Hydrography Dataset (NHD) mapper (USGS 2015). • Federal Emergency Management Agency (FEMA) 100-year Floodplain maps (FEMA 2015). 2.2 Field Investigations This review focused on determining the presence of potentially jurisdictional wetlands or waterways within the Project area. Field surveys were conducted in accordance with the “Routine Onsite Determination Method” described in the USACE Wetlands Delineation Manual (Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (USACE 2010). Wetlands are defined as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated conditions. Under normal circumstances, three parameters must be present for an area to be considered a wetland; hydrophytic vegetation, wetland hydrology, and hydric soils. The Project area was traversed evaluating vegetation, soils, and hydrology at sampling plots to determine the presence of wetland indicators for each parameter (hydric soils, hydrophytic vegetation, and hydrology) according to methodologies outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (USACE 2010). The boundaries of those areas determined to meet the three criteria were demarcated with pin flags by POWER and surveyed by Morrison-Maierle, Inc. land surveyors. Waterways within the survey area were examined for the presence/absence of an ordinary high water mark (OHWM) as defined in 33 CFR 328.3(e) and a defined bed and bank. Generally, if these characteristics were observed in a water body and a significant nexus was observed, it was determined to be a regulated waterway (i.e. water of the U.S.). If these characteristics were absent, a significant nexus to a water of the U.S. was not identified, or atypical circumstances existed, these areas were determined to be a swale, ditch, or other erosional feature, and likely not a CWA-regulated feature (i.e., not a water of the U.S.). Swales or erosional features (e.g., gullies, small washes characterized by low volume, infrequent, or short duration flow) and ditches excavated wholly in and POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 4 draining only uplands that do not carry a relatively permanent flow of water are generally non- jurisdictional features and not considered waters of the U.S. (EPA 2008). The field survey included the delineation of features considered to have, in POWER’s professional opinion, a significant nexus. Any waterways (OHWM and/or defined bed and bank) observed within the survey areas were classified based on the observed flow and channel characteristics at the time of field review. These features were also surveyed by Morrison-Maierle, Inc. land surveyors. The specific methods for characterizing and evaluating vegetation, hydrology, and soils for determining the presence of jurisdictional areas are identified below. 2.2.1 Soils At the center of each data plot, the wetland scientist completed borings with a hand-held auger to depths necessary to accurately determine a soil’s hydric status (typically 18 to 24 inches below ground surface). The information collected for each soil profile included soil horizons, depth, texture, color, and hydric soil characteristics including organic content, accumulation of sulfides, gley formation, redoximorphic concentrations and depletions, and the visually-detectable depletion of minerals such as iron and manganese. Colors of the soil matrix and concentrations/depletions were identified using Munsell Soil Color Charts (Munsell 2000). Hydric soil determinations were based on criteria established in the 1987 USACE Manual (Environmental Laboratory 1987), along with Field Indicators of Hydric Soils in the United States (NRCS 2010), and the Western Mountains, Valleys, and Coast regional supplement. 2.2.2 Vegetation Species abundance in both upland and wetland communities were visually estimated. Dominant trees and shrubs/saplings were recorded within a 30-foot and 15-foot radius, respectively, from the center of each documentation plot. Woody vines were recorded within a 30-foot radius of the plot. Dominant herbaceous vegetation was recorded within a 5-foot radius of the plot. The indicator status of each species was identified using the National Wetland Plant List for the Western Mountains, Valleys, and Coast Region (Lichvar et al. 2014). The presence of hydrophytic vegetation within a representative plant community was positively identified if more than 50 percent of the dominant species within the community had an indicator status of Obligate Wetland (OBL), Facultative Wetland (FACW), or Facultative (FAC). This determination method is referred to as the dominance test. Dominant plant species are determined using the “50/20 rule” defined in the 1987 Wetlands Delineation Manual (Environmental Laboratory 1987). If the plant community failed the dominance test, but indicators for hydric soils or wetland hydrology were present, the plant community was examined for additional hydrophytic vegetation indicators. These hydrophytic vegetation indicators are identified in the Regional Supplement and include the prevalence index, evidence of morphological adaptations for growth in a wetland, and problematic hydrophytic vegetation (USACE 2010). 2.2.2 Hydrology Site hydrology was evaluated during field surveys by initially observing whether the soil at the surface was inundated or saturated. If the ground surface was dry, the depth to freestanding groundwater or saturated soil was measured, and the presence or absence of other indicators of wetland hydrology (e.g., drift lines, water stained leaves) was noted. The wetland hydrology criterion was met if one or more primary or two or more secondary field indicators were present (Environmental Laboratory 1987). However, during the survey, those wetlands which lacked any hydrology indicators due to temporarily dry conditions, disturbance, or other factors and did not meet the 1987 USACE Manual criteria were evaluated using criteria from the Regional Supplement. POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 5 In the field, wetlands and waterways were classified according to the Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979). The Cowardin classification is a taxonomic system that divides wetlands and deepwater habitats into five systems based on hydrologic factors (Marine, Estuarine, Riverine, Lacustrine, and Palustrine). POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 6 3.0 RESULTS 3.1 Desktop Analysis The desktop analysis completed by POWER included soils, waterways, topographic, wetlands, and floodplain data to determine the potential presence of wetland/waterway features. The results of the desktop analysis are provided in the following sections. A topographic map (Figure 1), aerial map (Figure 2), soils map (Figures 3), and NWI/NHD map (Figure 4) were all reviewed as part of the desktop analysis. Additionally, FEMA data were evaluated to identify potential wetlands and waterways due to the presence of mapped 100-year floodplains. 3.1.1 Topographic Map According to the USGS topographic map (Figure 1), the project area is a relatively flat, undeveloped area located south of an interstate and railroad corridor. The USGS map identifies an unnamed perennial stream as extending along the southwestern boundary of the Project area flowing north and ultimately terminating into the East Gallatin River northwest of the Project area. 3.1.2 Aerial Map The aerial map (Figure 2) depicts the majority of the Project area as agricultural currently being utilized for crop production. A transportation corridor is located to the north (Westlake Road, East Valley Center Road, Interstate 90, and Frontage Road); North 27th Avenue is located to the east; an undeveloped area, school bus facility, and pond/riparian area are located to the south; and Davis Lane, a riparian area, stream, pond, and residence are located to the west. 3.1.3 Soils Soil map units and their associated hydric rating are identified for the Project area in Table 1 (Figure 3). Neither of the soil map units that correspond to the Project area (50B and 748A) are identified by NRCS as hydric or containing hydric soil components. Both of the on-site soil map units are classified as well drained soils. TABLE 1 MAPPED SOIL UNITS SOIL MAP UNIT NAME SOIL MAP UNIT CODE DRAINAGE CLASS HYDRIC RATING ACREAGE IN SURVEY AREA Blackdog silt loam, 0 to 4 percent slopes 50B Well drained Non-hydric 48.6 Hyalite-Beaverton complex 0 to 4 percent slopes 748A Well drained Non-hydric 5.2 3.1.4 Wetlands According to the NWI data, one palustrine emergent (PEM) wetland was identified within the Project area (Figure 4). This wetland area is located along the southwestern boundary of the Project area and corresponds to an unnamed perennial stream that extends along that area. Additionally, one palustrine, aquatic bed, intermittently exposed, excavated (PABGx) wetland (freshwater pond) is located immediately adjacent to and south of the southwestern boundary of the Project area. Palustrine wetlands are identified as all non-tidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens, and all such tidal wetlands where ocean-derived salinities are below 0.5 percent. This category also includes wetlands lacking such vegetation but with all of the POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 7 following characteristics: (1) area less than 20 acres (8.0 hectares); (2) lacking an active wave-formed or bedrock boundary; (3) water depth in the deepest part of the basin less than 6.6 feet (2.0 meters) at low water; and (4) ocean-derived salinities less than 0.5 percent (Cowardin et al. 1979). PEM includes palustrine wetlands with a dominance of erect rooted herbaceous (not woody) wetland plants. PABGx includes excavated man-made ponds with plants that grow on or below the surface of the water in non-tidal areas. 3.1.5 Waterways USGS topographical mapping and NHD data were evaluated to identify potential waterway features within the Project area (Figure 1 and Figure 4, respectively). According to the USGS and NHD data, an unnamed perennial stream extends along the southwestern portion of the Project area and then to the north/northwest along (and east of) Davis Lane towards the Interstate 90 corridor. 3.1.6 Floodplains FEMA data were evaluated to identify potential wetlands and waterways due to the presence of mapped 100-year floodplains. No FEMA-designated floodplain areas were identified within or immediately adjacent to the Project area. 3.2 Field Investigations POWER completed an on-site field investigation on March 18, 2015 to identify wetlands/waterways associated with the proposed residential/commercial development. The results of the investigation are discussed below. Photographs and associated field observations of the vegetation, hydrology, and soils of the delineated wetland/waterway features identified within the Project area are included as Appendix A. The extent of the wetland/waterway boundaries that were identified in the field are depicted on Figure 5. Completed USACE wetland determination data forms, for both upland and wetland areas, are provided in Appendix B. 3.2.2 Results Table 2 provides a summary of the wetland/waterway characteristics for the features that were delineated within the Project area. Figure 5 depicts the location of the delineated features within the Project area and location of associated sample points utilized to make the wetland/upland boundary determination. Appendix A contains representative photographs. Details regarding observed wetland criteria are provided on USACE wetland determination forms in Appendix B. Additionally, Table 3 provides a summary of the dominant vegetative species, hydric soil indicators, and hydrology indicators observed. One PEM wetland (W-1) and the OHWM of an unnamed perennial waterway (WW-1) were delineated within the Project area. Wetland W-1 was delineated as the wetland fringe of an unnamed perennial waterway (WW-1), and totaled 0.13 acre within the Project Area. Wetland W-1 extends to the south/upstream of the Project area and to the west then north/downstream from the Project area (Figure 5). The wetland hydrology indicators for W-1 included a high water table (8 inches), saturation in the upper 12 inches of the soil profile (6 inches), the presence of reduced iron, drainage patterns, saturation visible on aerial imagery, and a positive FAC-neutral test. In addition to the perennial waterway providing hydrology to W-1, a constructed drainage channel extending from the man-made pond located immediately south of the wetland/stream is providing supplemental hydrology to the western-most portion of these POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 8 features within the Project area. The dominant vegetation observed within the wetland included reed canarygrass (Phalaris arundinacea, FACW) with other vegetation observed including Canada thistle (Cirsium arvense, FACU), curly dock (Rumex crispus, FAC), and field sowthistle (Sonchus arvensis, FACU). The hydrophytic vegetation indicators included a positive dominance test and prevalence index within the range indicating the presence of hydrophytic vegetation. The hydric soil indicator is depleted below dark surface based on observations of a low chroma soil layer (10YR 2/1, 0 to 4 inches) underlain by a depleted soil layer (10YR 4/1, 4 to 24 inches) with 10 percent distinct redoximorphic concentrations (10YR 5/6). The wetland/upland boundary primarily follows a change in topography and vegetation from wetland- to upland-dominated species. The observed upland vegetation was dominated by smooth brome (Bromus inermis, FACU) with other upland vegetation including Canada thistle, slender wheatgrass (Elymus trachycaulus, FACU), tall tumble mustard (Sisymbrium altissimum, FACU), prickly lettuce (Lactuca serriola, FACU), and cheatgrass (Bromus tectorum, NS/UPL). W-1 was preliminarily determined to be jurisdictional based on an observed hydrologic connection to a waters of the U.S. (East Gallatin River). Waterway WW-1 is an unnamed perennial stream that totaled 451 linear feet and 0.02 acre within the Project area. The average OHWM width of WW-1 was determined to be 2.0 feet with stable/vegetated stream banks and predominantly silt substrate with some gravel/cobble. WW-1 also extends to the south/upstream of the Project area and to the west then north/downstream from the Project area (Figure 5). WW-1 was determined to be a riverine, lower perennial, unconsolidated bottom (R2UB) water according to the Cowardin system (Cowardin et al. 1979) through the on-site evaluation. Riverine systems include all wetlands and deepwater habitats contained within a channel except those wetlands: (1) dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens; and (2) which have habitats with ocean-derived salinities of 0.5 percent (Cowardin et al. 1979). R2UB includes wetlands/waters with perennial hydrology and at least 25 percent cover of the channel substrate particles smaller than stones, and a vegetative cover less than 30 percent (Cowardin et al. 1979). After reviewing aerial photographs and topographic maps, it was determined that WW-1 eventually terminates into the East Gallatin River to the north of the Project area and therefore, was preliminarily determined to be jurisdictional. TABLE 2 SUMMARY DATA FOR WETLANDS/WATERWAYS WETLAND/ WATERWAY ID WETLAND OR WATERWAY TYPE1 WETLAND TYPE (HGM)2 JURISDICTIONAL STATUS3 SIZE (ACRES) LENGTH (FEET) LOCATION (LAT/LONG) Wetland 1 (W-1) PEM Riverine Jurisdictional 0.13 NA 45043’7.43”, 1110.4’47.52” Waterway 1 (WW-1) R2UB NA Jurisdictional 0.02 451 45043’7.47”, 1110.4’47.90” TOTAL 0.15 451 Note: PEM = Palustrine, Emergent; R2UB = Riverine, Lower Perennial, Unconsolidated Bottom 1 Cowardin et al. 1979 2 Brinson 1993 3 The determination of each wetland’s jurisdictional or connected status represents POWER’s professional opinion; the final determination of jurisdictional status is under the purview of the USACE. POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 9 TABLE 3 SUMMARY OF OBSERVED WETLAND CRITERIA DOMINANT VEGETATION HYDROLOGY INDICATORS HYDRIC SOIL INDICATORS Phalaris arundinacea Drainage patterns Depleted below dark surface FAC-Neutral test Geomorphic position High water table Presence of reduced Iron Saturation Saturation visible on aerial imagery POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 10 4.0 SUMMARY Routine wetland and stream surveys were completed on the approximately 53.8-acre Project area located in Bozeman, Gallatin County, Montana. A total of one wetland (0.13 acre) and one waterway (unnamed perennial stream; 451 linear feet, 0.02 acre) were identified and delineated within the Project survey area. A preliminary determination that the delineated features contained in this report are jurisdictional is based on an observed connection to a waters of the U.S. The preliminary wetland/waterway boundaries identified within the Project survey area, and their assessments, are based on POWER’s professional opinion. Any impacts to jurisdictional waters within the survey area may require authorization under Sections 404 and 401 of the CWA. Current regulations require authorization of any impacts to these features from the USACE; Gallatin Conservation District, and the Montana Department of Environmental Quality. POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 11 5.0 LITERATURE CITED Brinson, M.M. 1993. A Hydrogeomorphic Classification for Wetlands. U.S. Army Corps of Engineers, Waterways Experiment Station, Vicksburg, MS, USA. Technical Report WRP-DE-4, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Cowardin, L.M., F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Office of Biological Services, US Fish and Wildlife Service, US Department of the Interior, Washington, DC. 103 p. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 100 p., plus appendices. Federal Emergency Management Agency (FEMA). 2015. FEMA Flood Map Service Center. Available online at: https://msc.fema.gov/portal. Accessed March 16, 2015. Federal Register. 2015. Definition of “Waters of the United States” Under the Clean Water Act Proposed Rule; Notice of Availability. https://federalregister.gov/a/2014-25138. Accessed March 18, 2015. Lichvar R.W. M. Butterwick, N.C. Melvin, and W.N. Kirchner. 2014. The National Wetland Plant List: 2014 Update of Wetland Ratings. Phytoneuron 2014-41: 1-42. Munsell. 2000. Munsell Soil Color Charts. Macbeth Division of Kollmorgan Instruments. New Windsor, NY. National Agriculture Imagery Program (NAIP). 2013. Orthographic Aerial Photography, Bozeman, Montana. Natural Resources Conservation Service (NRCS). 2006. Digital General Soil Map of the U.S. Available online at: http://pubs.er.usgs.gov/publication/70046648. Accessed March 16, 2015. _____. 2010. Field Indicators of Hydric Soils in the United States. A Guide for Identifying and Delineating Hydric Soils, Version 7.0, 2010. _____. 2015. Web Soil Survey. Available at http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. Accessed March 16, 2015. United States 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. U.S. Army Engineer Research and Development Center. Vicksburg, MS. _____. 2014. National Wetland Plant List, version 3.2. Available online at: http://wetland_plants.usace.army.mil/. Accessed March 16, 2015. United States Army Corps of Engineers (USACE) and United States Environmental Protection Agency (EPA). 2014. Definition of ‘‘Waters of the United States’’ Under the Clean Water Act. Federal Register 79(76): 22188-22274. http://www.gpo.gov/fdsys/pkg/FR-2014-04-21/pdf/2014-07142.pdf. Accessed March 18, 2015. POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 12 United States Environmental Protection Agency (EPA). 2008. Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States. http://water.epa.gov/lawsregs/guidance/wetlands/upload/2008_12_3_wetlands_CWA_Jurisdic tion_Following_Rapanos120208.pdf. Accessed March 18, 2015. United States Fish and Wildlife Service (USFWS). 2015. National Wetland Inventory (NWI) Mapper. Available online at: http://www.fws.gov/wetlands/Data/Mapper.html. Accessed March 16, 2015. United States Geologic Survey (USGS). 1998. 7.5-minute Topographic Quadrangle Map. Bozeman, Montana. _____. 2015. National Hydrography Dataset Mapper. Available online at http://nhd.usgs.gov/. Accessed March 16, 2015. POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 13 FIGURES POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 14 This page left blank intentionally WESTLAKE VILLAGE SUBDIVISION T1S, R5E, SECTION 26 BOZEMAN, GALLATIN COUNTY, MONTANA USGS 1:24,000 TOPOGRAPHIC QUADRANGLE MAPS: BOZEMAN (1998) PROJECT AREA ( IN FEET ) 0 5000 TOPOGRAPHIC / VICINITY MAP WESTLAKE VILLAGE SUBDIVISION . FIG. 1 BOZEMAN MONTANA PROJECT NO. FIGURE NUMBER K:\CIVIL 3D PROJECTS\Civil 3D Projects\15011\ACAD\EXHIBITS\FIG 1 - VIC MAP.dwg Plotted on Mar/23/2015 03/2015Date: AERIAL MAP 2013 NAIP ORTHOGRAPHIC AERIALPHOTOGRAPH PROJECT AREA ( IN FEET ) 0 1000 E V A L L E Y C E N T E R R D CATAMOUNT STDAVIS LNIN T E R S T A T E 9 0 F R O N T A G E R D N 27TH AVEN 19TH AVET O B E L G R A D E WESTLAKE RD WESTLAKE VILLAGE SUBDIVISION . FIG. 2 BOZEMAN MONTANA 03/2015 PROJECT NO. FIGURE NUMBER Date:K:\CIVIL 3D PROJECTS\Civil 3D Projects\15011\ACAD\EXHIBITS\FIG 2 - AERIAL MAP.dwg Plotted on Mar/23/2015 WEB SOIL SURVEY PROJECT AREA ( IN FEET ) 0 600 Gallatin County Area, Montana (MT622) 50B Blackdog silt loam, 0 to 4 percent slopes 748A Hyalite-Beaverton complex, 0 to 4 percent slopes United States Department of Agriculture Natural Resources Conservation Service SOILS MAP WESTLAKE VILLAGE SUBDIVISION . FIG. 3 BOZEMAN MONTANA 03/2015 PROJECT NO. FIGURE NUMBER Date:K:\CIVIL 3D PROJECTS\Civil 3D Projects\15011\ACAD\EXHIBITS\FIG 3 - SOILS MAP.dwg Plotted on Mar/23/2015 E V A L L E Y C E N T E R R D CATAMOUNT STDAVIS LNF R O N T A G E R D N 27TH AVEWESTLAKE RD IN T E R S T A T E 9 0 LEGEND 50B SOIL DESIGNATION SOIL BOUNDARY NWI-NHD MAP WESTLAKE VILLAGE SUBDIVISION U.S. FISH & WILDLIFE SERVICE - NATIONAL WETLANDS INVENTORY USGS NATIONAL DATASET HYDROGRAPHY . FIG. 4 BOZEMAN MONTANA JCH ESN 03/2015 PROJECT NO. FIGURE NUMBER DRAWN BY: CHK'D. BY: APPR. BY: DATE: K:\CIVIL 3D PROJECTS\Civil 3D Projects\15011\ACAD\EXHIBITS\FIG 4- NWI-NHD-FEMA.dwg Plotted by jh on Mar/23/2015 ESN ( IN FEET ) 0 500 E V A L L E Y C E N T E R R D CATAMOUNT STDAVIS LNIN T E R S T A T E 9 0 F R O N T A G E R D N 27TH AVET O B E L G R A D E WESTLAKE RD PEM: PALUSTINE, EMERGENT WETLAND PABGX: PALUSTRINE, AQUATIC BED, INTERMITTENTLY EXPOSED, EXCAVATED - FRESHWATER POND LEGEND WATER BODY PERENNIAL STREAM NHD DATASET NWI DATASET PABFh PEMPEM PE M PEM PEM PEM PROJECT AREA WETLAND / WATERWAY DELINEATION MAP ( IN FEET ) 0 300 E V A L L E Y C E N T E R R D IN T E R S T A T E 9 0 N 27TH AVEWESTLAKE RD WESTLAKE VILLAGE SUBDIVISION . FIG. 5 BOZEMAN MONTANA 03/2015 PROJECT NO. FIGURE NUMBER Date:K:\CIVIL 3D PROJECTS\Civil 3D Projects\15011\ACAD\EXHIBITS\FIG 5 WETLAND DELIN MAP.dwg Plotted on Mar/23/2015 WW-1 ORDINARY HIGH WATER WETLAND/WATERWAY SAMPLE POINT LEGEND S-1-1S-1-1 DELINEATED WETLAND INVESTIGATION AREA BOUNDARY WETLAND/WATERWAY CONTINUATION *NOTE: FINAL JURISDICTIONAL DETERMINATIONS WILL BE PROVIDED BY THE U.S. ARMY CORPS OF ENGINEERS. DESIGNATION S-1-1S-1-1 S-1-3S-1-3 S-1-4S-1-4 S-1-2S-1-2 WW-1 WETLAND DETAIL SCALE: 1"=100' S-1-1S-1-1 S-1-3S-1-3S-1-4S-1-4 S-1-2S-1-2 W-1 POWER ENGINEERS, INC. Wetland and Waterway Delineation Report HLY 032-037(PER 02 01) MSWR (3/26/15) 137861 EN PAGE 20 This page left blank intentionally POWER ENGINEERS, INC. Wetland and Waterway Delineation Report APPENDIX A WETLAND/WATERWAY PHOTOGRAPHS POWER ENGINEERS, INC. Wetland and Waterway Delineation Report This page left blank intentionally Photo 1. View southwest of S-1 1, wetland data point. Photo 2. View south of S-1 2, upland data point. Photo 3. View southwest of S-1 3, upland data point. Photo 4. View southwest of S-1 4, upland data point. Photo 5. View south of pond draining into the wetland/stream. Photo 6. View east of wetland W-1 and waterway WW-1. POWER ENGINEERS, INC. Wetland and Waterway Delineation Report This page left blank intentionally POWER ENGINEERS, INC. Wetland and Waterway Delineation Report APPENDIX B USACE WETLAND DETERMINATION DATASHEETS POWER ENGINEERS, INC. Wetland and Waterway Delineation Report This page left blank intentionally