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Home My WebLink About08 - Agricultural Water Users - Letter mailed to Stock Development Morrison Maierle 1 ENGINEERING PLACE • P.O.BOX 6147 • HELENA,MT 59604 engineers surveyors planners scientists 406.442.3050 - www.m-m.net Stock Luxury Apartment Living October 20, 2022 Attn: Keith Gelder, President 2639 Professional Circle, Suite 101 Naples, FL 34119 Dear Mr. Gelder, Pursuant to Bozeman Municipal Code 38.360.280, the purpose of this letter is to provide notice to potentially affected agricultural water users of certain aspects of Northwest Crossing Phase II Subdivision, located generally in the NE of Section 4, Township 2S Range 5E, Gallatin County, Montana (hereinafter the "Project" or"NWX PH II"). The developer, WH Bozeman NWX 358 LLC, has determined that property owned by you (Parcel 1, C.O.S. 2553, Section 33, T1S R5E, Gallatin County) is a potentially affected agricultural water user because approval of the Project requires Baxter Lane to be expanded west of Cottonwood Road. Expansion of Baxter Lane will necessitate filling the open ditch that runs parallel to Baxter Lane and removing a culvert underneath Baxter Lane that historically may have conveyed water to your property into an existing farm ditch. A copy of the Project's proposed layout and the proposed expansion of Baxter Lane is attached hereto as Exhibit A. After discussions with individuals from Farmers Canal Company and the contract farmer who farms your property, it is our understanding that your property does not receive any water rights or Farmers Canal Company water shares via the stretch of open ditch along Baxter Lane that is proposed to be filled or through the existing culvert under Baxter Lane. For these reasons, WH Bozeman NWX 358 LLC does not anticipate the Project(including expansion of Baxter Lane west of Cottonwood Road)will adversely affect conveyance or delivery of your water rights. Nonetheless, Bozeman Municipal Code 38.360.280(1)(e) specifically provides that potentially impacted agricultural water users must receive notice of a proposed Project that could impact their agricultural water use facilities. The Code also states that you have forty-five (45) days from the date of this letter to submit written comments regarding the Project as it relates to modifications of agricultural water facilities. Those comments may be submitted to me via first class mail to P.O. Box 1113, Bozeman, MT 59771 or via email to mekstrom(o)m-m.net. Any comments received will be submitted to the City of Bozeman as part of the Project application. Should WH Bozeman NWX 358 LLC make any changes to the Project design that would result in impacts to the identified agricultural water user facilities, on behalf of WH Bozeman NWX 358 LLC, I will provide notice of those changes to you in accordance with Bozeman Municipal Code 36.360.280(4). Thank you for your time on this matter. Should you have questions, please feel free to contact me at 406-431-5819 or mekstrom(a)m-m.net. Sincerely, Matt E. Ekstrom, PE Senior Land Development Engineer Morrison-Maierle X40 We create solutions that build better communities. AN EMPLOYEE-OWNED COMPANY • AN EQUAL OPPORTUNITY EMPLOYER—MINORITIES/FEMALES/DISABLED/VETERANS I BAXTER CREEK EXISTING FARM DITCH • ! oo'-ROII> - 1I ------ — �� _ .`a • -�--.—�-- r <. NORTHWEST CROSSING PH41: - - 1 I CULVERT PROPOSED TO BE REMOVED- --- r ` y i • NO FARMERS SHARES OR PRIVATE RIGHTS - F -- CONVEYED(SOUTH TO NORTH) !" r 4 } 11 1 I II I i NORTHWEST CROSSING PH-11: 'NORTHWEST CROSSING PH-III: • t 1 « 1 THIS SECTION OF THE OPEN DITCH IS PROPOSED e AS PART OF THE BAXTER LANE I I I ii I TO BE FILLED WITH THE NORTHWEST CROSSING s , WIDENING FOR NORTHWEST ? II f I !! 1 PHASE II PROJECT TO ACCOMMODATE THE O CROSSING PHASE III,RE-ROUTE I S_ J �- L L- - EXPANSION OF BAXTER LANE. NO FARMERS BAXTER DITCH ALONG THE 'CANAL SHARES ARE CONVEYED VIA THIS OPEN BAXTER LANE RIGHT OF WAY. DITCH IN EITHER DIRECTION. NO KNOWN PRIVATE WATER RIGHTS CONVEYED VIA THIS OPEN DITCH. a °.` I 1 iI i 'R ' :C PH II I WA - 1 _ _ I - 11 Ir -BAXTER CREEK z I { 1 BARTER D ITCH FUTURE NORTHWEST ' CROSSING PH-111 ___�-_=--==NORTHWEST II !L-- r� I CROSSING PH-1 I d IF— • l --- _jI • 200 1a0 0 200 4(W) •r------?i==T I q SCALE IN FEET ------ ————————— - + ..�_ ------------------ �� Aft 4% i{E.SrT0IR.STREE7(12i'-ROIf'�— i Morrisono 2880Technobp Btvdwesl DRAWN BY: CJF NORTHWEST CROSSING SUBDIVISION PROJECT NO. - i �' ■■ Boze man.MT 59718 DSGN.BY: MEE PHASE II 6787.002 �. 408.587.0721 APPR.BY: EE BOZEMAN MONTANA Maierle M • � �� K^xw.m-m.net FIGURE NUMBER eng,neer% surveyors planners scientists 4 DATE: 10122 CONCEPT PLAN-BAXTER o°°"`"'"To"°e"°°"""�r�'"c,• DITCH RE-ALIGNMENT FIG.1 I ` • )F N+8787�002-NW Crossing Ph 11 Pre PbMCADIExhiblts%Saxter Ditch ModiBratbns H,P »� c-,Tic&ekslrom on Oct/19I2022 -_- PARCEL COS 2553 { I t, EXISTING FARM DITCH I ~ BAXTER CREEK i I � ' kTE,JR?L Off'- R009 _ _� I x ---- - - - --" �_ -�� - ----------- - ---- - - ---- - - _ I I I I NORTHWEST CROSSING PH41: C I I CULVERT PROPOSED TO BE REMOVED- 1NOFARMERS SHARES OR �� I —— I11 CONVEYED(SOUTH TOO NORTH)ATE RIGHTS I + I I III NORTHWEST CROSSING PH-II: I I I THIS SECTION OFTHE OPEN DITCH IS PROPOSED I 1—— ,TO BE FILLED WITH THE NORTHWEST CROSSING — PHASE II PROJECT TO ACCOMMODATE THE EXP SION OF R LANE. NO FARMERS it __ CANAL SHARES ACONVEYED IIA THIS OPEN NORTHWEST CROSSING PH III: T r— r , DITCH IN EITHER DIRECTION. NO KNOWN PRIVATE T— I —I AS PART OF THE BARTER LANE I f WATER RIGHTS CONVEYED VIA THIS OPEN DITCH. WIDENING FOR NORTHWEST CROSSING PHASE 111,RE-ROUTE BARTER DITCH ALONG THE I I I I I I I I I L--BAXTER LANE RIGHT OF WAY. ' L— JJ L— L--_j — —11-JJ ---------- L_J L_ I_I 73` r %CRTHWEST I _ 1• Q __ 1 ` L —— — —— —L CROSSING PH-11 I - _ Ago. 1 I I - BAXTER C ` ��i-- BAXTER DITCH I - - p ' I r- - -- - -- -n I � ` • �, II I I o FUTURE NORTHWEST j ' - J CROSSING PH-III Nor 100-� '� 2170 DRAWN BY: CJF NORTHWEST CROSSING SUBDIVISION PROJECT NO. Bozeman,n,M 5 Blvd Weal Bozemaan,MT 58718 OWN.BY: MEE PHASE II 8787.002 SCALE IN FEET _ M a i e r I e Y �5B7 0721 APPR.BY: MEE BOZEMAN MONTANA CONCEPT PLAN-BAXTER . .,..- - _-r_ N:N7871002•NW w m-m.n et DATE: tonz FIGURE NUMBER engineers•surveyors planners scientists Od Crwnp PeII PhPWACAOEiNpa+80ra Oton Mooncetlona Avgiolooed by mail a_ekatrornon DITCH RE-ALIGNMENT FIG.2 Oct/18@022