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HomeMy WebLinkAbout024.04 Appendix P.3 Additional Wetland Materialsmemo Page 1 TO: City of Bozeman FROM: Christine Pearcy, Environmental Scientist DATE: December 16, 2022 JOB NO.: 10130.001 RE: West Park - Wetland Review Response #3 CC: James Nickelson, PE Urgent For Review Please Comment Please Reply For Your Use The purpose of this memo is to summarize the response to the third round of wetland-related comments outlined in the December 6, 2022 letter prepared by Bill Kleindl. In addition, at the end of the memo there are suggested conditions of approval for consideration to be included with the preliminary plat conditions. Information is being provided for each item that is in “red text” in the letter and in addition information is being provided for four items listed on the last page of the letter. A separate page is attached for each item and presented in the order of the “red text” in the letter. The following provides a summary of each attached page. 1. Ratings table; including information on ratings, wetland acreages, buffer acreages, linear feet of watercourses. This table has been modified to include additional notes that provide clarification on water course setbacks and buffers. (this information also addresses Item 1 on the last page of the letter) 2. Recommended Condition Section #8. A proposed statement is provided to replace what is in the letter which adds detail as requested. 3. Recommended Condition Section #10. A proposed statement is provided to replace the word “missing”. Clarification that the monitoring plan identifies required maintenance tasks. 4. Recommended Condition Section #11. A proposed statement is provided to replace the note “Partially provided see comment below.” 5. Recommended Condition Section #12. A proposed statement is provided to replace the sentence related to the deed restriction. 6. Item 2 – Page 4 – Specifics have been added as requested. 7. Item 3 – Page 4 – Additional information has been provided relative to hydroperiod. West Park - Wetland Review Response #3 Page 2 8. Item 4 – Page 4 – The performance criteria was expanded and the monitoring plan was updated. Suggested Conditions of Approval The proposed constructed wetland that is part of the application record and shown on the Park Plan shall be constructed as part of the park improvements required for the initial phase of the project. The monitoring plan submitted with the application materials shall be completed by a qualified environmental scientist. Monitoring data will be collected during the active growing season, and a monitoring report will be submitted to the City of Bozeman planning department by August 15 annually for 3 years. If the mitigation site is not performing as anticipated after 3 years, problems will be identified and solutions will be evaluated, identified, and implemented. 1) Table 1. Table of Ratings, Wetland Acreages, Buffer Acreages, Linear feet of watercourse Aquatic Feature Ratings Acres (Note 1) Linear feet Impact Water Course Setbacks (acres) (Note 2) Buffer (Note 3) Jurisdictional Determination Mitigation type and acreage Wetland 1 * 2.18 acres NA No 0 acres NA – 0 feet Did not request NA – No Impact Wetland 2 * 0.09 acres NA No 0 acres NA – 0 feet Did not request NA – No Impact Wetland 3 IV** 2.58 acres NA Yes 1.96 acres – this is the 50 feet water course setback extended past the wetland 50 feet extended past wetland due to water course setback requirement Non-jurisdictional On-site wetland creation, 2.6 acres Wetland 4 * 1.76 acres NA No 0 acres NA – 0 feet Did not request NA – No Impact Wetland 5 * 0.34 acres NA No 0 acres NA – 0 feet Did not request NA – No Impact Baxter Creek * NA 780 linear Feet No 1.96 acres 50 feet Did not request NA – No Impact * resource not being impacted, therefore rating not determined. **rating based on MDT Montana Wetland Assessment Form Note 1. The acreages listed in this column are the acreage of the wetland. Note 2. The acreage listed in this column is the area of the water course setback, not including any wetland, which applies to water courses and not wetlands. The area listed is that of the 50-foot set back. So, in the case of Baxter Creek the total acreage of the water course setback and the wetland that is adjacent to Baxter Creek is 3.72 acres. For clarification, this is graphically shown on the preliminary plat, the wetland area is shown in a yellow color while the two zones of the water course setback are shown in an aqua color and a green color. Note 3. The only buffer is that associated with the water course setback which is 50 feet. The only encroachments into this 50-foot setback are those required by the Bozeman Municipal Code (such as landscaping). There are no encroachments into the wetland adjacent to Baxter Creek. The only other encroachment in this area is the potential future improvements in the Cascade Street right of way which is not part of the project and not in control of the applicant as it would be a City of Bozeman action to require any improvements within this right of way. 2) Condition 8. Cuts and fills are shown on the grading plan for the park for the wetland that is being constructed. Wetland 3 it will be filled as required to be able to develop the adjacent lots. 3) Condition 10. The monitoring plan identifies the maintenance tasks to ensure the constructed wetland maintains wetland function. 4) Condition 11. The mitigation monitoring report requirements have been provided by the applicant. 5) Condition 12. The application materials include a copy of a document titled “Covenant of Dedication” that was filed with the Gallatin County Clerk and Recorder on May 14, 2008. This covenant placed restrictions on the property that that are running with the land to prohibit certain activities within the identified area. The provisions of the covenant can only be changed by the action of the District Engineer of the Omaha District of the US Army Corps of Engineers. The applicant is not proposing any improvements within the area identified within the covenant with the exception of City of Bozeman required watercourse setback plantings. The constructed wetland will be in a park parcel that will be deeded to the City of Bozeman at the time of filing of the final plat. Any change in use of this area would require the City of Bozeman to approve the action and as such the area is protected and no additional deed limitations are required. 6) Review Point 2. Recharge from the wetland area will be replaced in the parkland/open-space. 7) Review Point 3. Best available data was used to understand the local hydroperiod. Further alterations to the hydroperiod will occur as the borrow pit is filled in. The system is dynamic and will continue to experience changes. The monitoring plan will help to determine if the wetland mitigation approach is successful. 8) Review Point 4 and Monitoring Plan Performance Criteria: 1. Survival of container plantings (75%) 2. Absolute Vegetation Cover in Mitigation Area 3. Removal of invasive vegetation and noxious weeds 4. Lack of casual trails, dumping, animal impacts 5. Meets criteria (soils, hydrology, veg) in a wetlands delineation after 5 years 6. Detailed monitoring scheduled – Monitoring will occur during the active growing season, no later than August 15, for 3 years. See monitoring plan on next page. 7. Reporting requirements to the City and maintenance schedule and actions for each year of monitoring (a minimum of 3 years). The Monitoring Plan Criteria is outlined on the next page. The only maintenance proposed is invasive species removal. 8. Contingency plan – If the mitigation site is not performing as anticipated after 3 years, problems will be identified, and solutions will be evaluated and identified. Monitoring plan: 1. Monitor survival of all container plantings: Record: • Plant species • Survival • Native recruits established 2. Monitor absolute vegetative cover in the mitigation area • Select 3, 1-square meter plots. Record absolute vegetation cover. • Map areas with low plant survivorship. 3. Monitor noxious weed species • Record invasive species identified in the area. Develop control plan, if needed. • Remove invasive species 4. Report pertinent site conditions • Record ecological conditions that may disrupt mitigation success such as: animal impacts, “casual” trails, or illegal dumping. 5. Establish four photo points within the project area • Photo points shall be taken prior to mitigation and then once annually following restoration for each monitoring year. Monitoring data will be collected during the active growing season, and reports will be submitted to the City of Bozeman planning department by August 15 for 3 years.