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Home My WebLink AboutAPPENDIX R.1 - USACE-NationwidePermit_ApprovedDEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329 June 23, 2022 SUBJECT: 2021 Nationwide Permit Verification; Bridger Development Strategies LLC (Morrison-Maierle) 5400 Fowler Ln - Middle Creek Ditch (Gallatin County); File Number NWO-2021-01287-MT Derek Williams Buffalo Run Bozeman, LLC 5400 Fowler Lan Bozeman, Montana 59718 Dear Mr. Williams: This letter is in response to your Pre-construction Notification (PCN), requesting Department of the Army (DA) Nationwide Permit (NWP) verification for the above- referenced project. The project site is located at Latitude 45.644956°, Longitude -111.079812°, within Section 23, Township 2 S, Range 5 E, Gallatin County, Montana. For the above-referenced project you propose to permanently discharge 1,165 cubic yards of fill material into 0.48-acre of wetland, and temporarily impact 10,288 square feet of Middle Creek Ditch from relocation, in order to construct a residential neighborhood. Project-specific components: 1. Wetland Impact Area 1: Placement of 284 cubic yards of native fill impacting 4,972 square feet. 2. Wetland Impact Area 2: Placement of 128 cubic yards of native fill impacting 2,221 square feet. 3. Wetland Impact Area 3: Placement of 19 cubic yards of native fill impacting 321 square feet. 4. Wetland Impact Area 4: Placement of 103 cubic yards of native fill, 112 cubic yards of roadway gravel, 111 linear feet of curb and gutter material, and 15 cubic yards of asphalt, impacting 4,118 square feet. 5. Wetland Impact Area 5: Placement of 158 cubic yards of native fill, 338 cubic yards of roadway gravel, 236 linear feet of curb and gutter, and 45 cubic yards of asphalt, impacting 9,436 square feet. -2- 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/. 6. The work will be completed as detailed in the drawings entitled “Homestead Buffalo Ranch Wetland Exhibit” and submitted on behalf of the applicant by Morrison Maierle and dated 04/22. The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and fill material into waters of the United States under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) and structures or work in, over, and under navigable waters of the United States under Section 10 of the Rivers and Harbors Act (RHA) (33 U.S.C. 403). The Corps’ regulations are published in the Code of Federal Regulations at 33 CFR parts 320 through 332. NWPs are defined in the Federal Register published on December 27, 2021 (86 FR 73522) and January 13, 2021 (86 FR 2744). Based on a review of the information you furnished and available to us, we have determined the above referenced work requires DA authorization under Section 404 of the CWA. Based upon the information you provided, we hereby verify that the work described above, which would be performed in accordance with the plans you provided (referenced above), is authorized by NWP 29 Residential Developments. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. A fact sheet that fully describes each NWP and associated Regional and General Conditions are enclosed and can be accessed on our website at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Montana. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special condition of this authorization, may result in the suspension or revocation of your authorization, and you may be subject to appropriate enforcement action. You shall comply with all terms and conditions associated with this NWP, including the following special condition. Special Condition: 1. To compensate for the loss of 0.48 acres of wetland, you shall purchase 0.48 (1:1) credits of wetland credit at Upper Missouri Mitigation Bank. Evidence of this purchase shall be provided to this office prior to initiation of construction activities in waters of the U.S. authorized by this verification. 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. Unless this NWP is suspended, modified, or revoked, it is valid until March 14, 2026. It is incumbent upon you to remain informed of changes to this NWP. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions -3- 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/. of this NWP unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization as per 33 CFR 330.6(b). Any project specific conditions listed in this letter continue to remain in effect after the NWP verification expires unless the district engineer removes those conditions. To assist in your compliance with NWP General Condition 30, enclosed is a "Compliance Certification" form, which shall 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. 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. Authorizations under this NWP does not relieve permittees from obtaining permits or other authorizations from any required federal, state, or local agency. Please refer to identification number NWO-2021-01287-MT 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 3 Enclosures 1. Compliance Certification 2. NWP 29 Residential Developments Fact Sheet with Regional Conditions 3. CWA Section 401 Water Quality Certification cc Christine Pearcy (Morrison-Maierle) -4- 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/. COMPLIANCE CERTIFICATION USACE File Number: NWO-2021-01287-MT Permit Type: NWP 29 Residential Developments Name of Permittee: Derek Williams / Buffalo Run Bozeman, LLC County: Gallatin County, Montana Date of Issuance: June 23, 2022 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 100 Neill Ave, Suite 200 Helena, Montana 59601 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