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HomeMy WebLinkAbout21 MDT Approach Approval Montana Department of Transportation Greg Gianforte. Governor Bozeman Area Office Malcolm"Mack"Long, Director 100 Nelson Road VISION ZERO PO Box 3028 Bozeman MT 59779772-3028 zero deaths zero serious injuries September 16, 2021 Rob Lateiner PO Box 1070 Bozeman, MT. 59771 Subject: East Frontage Road-X16565 Attached is an approved copy for the East Frontage Road Right In-Right Out Driveway Approach. Please read the application carefully. I ensure the approach is constructed according to the MDT approved plans including any special provisions. MDT permit conditions are attached. Please contact Bill Stecker at 406-556-4705 prior you commence work and confirm your schedule and traffic control plan. Upon completion of work, please contact MDT to arrange for final inspection. Upon approval the permit will be final. Your application will not become official permit until the final inspection has been signed by MDT for completion. You have until July 1, 2022, to complete the work to MDT's standards. After this date the application will be revoked if the approach has not been completed within the time frame or up to MDT standards. If you have any question, please contact me. Kyle DeMars Bozeman Maintenance Chief copies: Bozeman Share Drive Phone: (406)556-4700 An Equal Opportunity Employer TTY. (800)335-7592 Fax: (406)586-5202 Web Page: www.mdt.mt.gov 2701 Prospect Avenue State of Montana PO Box 201001 Helena,MT 59620-1001 Auyr* Montana Department of Transportation Phone:(406)444-7237 MDT-MAI-006 11/13 Fax(406)444-0807 Page of Driveway Approach Application and Permit M:(406)444-7696 To be filled in by Department of Transportation Personnel Print Form F.A.Route No: Milepost: Project: Approach Station: S 0. 3/ 1 District: County: Maint Section No: 7-tE I 4wlw #ZZo1 Drainage as determined by Department of Transportation Type: G,#/y;,1•tCAe' .t�cT Size: zyl' Length: Sight Distance (feet): Right: 1ppp T Left: /00" f' /r — ISO Date Approach AplIlication Approved by Date District Administrator or Designee Engineer or Traffic &Safety Bureau Access Control: Q Yes PNo If Access Control is Yes: Date Approach Recommended by Access Manager, R/W Bureau (PROPERTY Name Phone\Fax Number irga Capital,LLC 06-599-9419(Rob Lateiner) Address Cit State Zip Code E-mail P.O.Box 1070 Bozeman MT 59771 rob@virgacapital.com herein termed the applicant,requests permission to construct approach(es)described and shown on attached site plan or plan and profile and hereby made a part of this application Use of Property or Facility: Commercial(Specify Type->) Office space An environmental checklist must be filled out, signed and attached in order for this application to be considered complete. now—Wronme City or Town:(If rural,direction&approx. Bozeman Street Name,if any: East Frontage Road Roadway Surfacing Asphalt Width 33' Approach iiiijAdding TBD Side of Roadway S 30' Flare: 122' a new approach to an empty lot to provide access for future development. Montana Department of Transportation Greg Gianforte, Governor 2701 Prospect Malcolm"Mack"Long, Director PO Box 201001 VISIONZERO Helena MT 59620-1001 zero deaths zero serious injuries September 8, 2021 Brett Megaard, PE Senior Civil Engineer Hyalite Engineers, PLLC 2304 N. 7th Ave, Ste. L Bozeman, MT 59715 Subject: East Frontage Approach Permit - x16565. mp 0.31 Brett, MDT has completed review of the approach application packet submitted by the applicant proposing the East Frontage Subdivision access to X-16565 at mile post 0.31. Please note the following MDT guidance and comments: 1. Please contact Kyle Demars, Maintenance Chief, in the Bozeman Area Maintenance Office for final review instructions for the requested permit. Kyle can be reached at 406- 556-4704. 2. Please be prepared to submit a traffic control plan to the Maintenance Chief. 3. The response to Question 9a is correctly marked "Yes"to indicate that this project is within the Bozeman MS4. Please contact the City of Bozeman Public Works, PO Box 1230, 20 E Olive, Bozeman, MT, 59771, phone 406-582-2270 prior to construction to determine if additional storm water management requirements are applicable. 4. The response to question 11 a was incorrectly marked "No"; it has been changed to "Yes"to acknowledge that the threatened and endangered species grizzly bears and Canada lynx are in the area. 5. The applicant has modified the proposed "use" of the requested Right-In Right- out approach now limited to marketing of the property. This change will allow the developer to market the property and gain time to obtain other agency (likely DEQ and COE 404) permitting required to fill and fully develop the property once the lots are sold. MDT places a condition on the permit requiring the current owner or any future developers/owners of these lots to re-apply for an approach permit and complete the environmental review providing proof of all environmental clearances needed for State and Federal agencies. Any construction activity on site beyond construction of the right-in, right-out approach or marketing traffic will result in revocation of the enclosed permit. 6. The developer has not completed the land-use process with the City of Bozeman for the subject development. Issue of the enclosed approach permit, and future permits, is contingent upon the developer securing approvals needed from the City for development. Any construction the developer makes in advance of the City's approval process is at the Developer's risk of removal in the event the City does not approve the development. Planning&Policy Analysis Bureau Rail, Transit and Planning Division Phone: (406)444-3423 An Equal Opportunity Employer TTY: (800)335-7592 Fax: (406)444-7671 Web Page: www.mdt.mt.gov 7. The developer has secured an access easement with the adjacent landowner (Starry Nights Lodging, LLC.) which provides for a second and joint -use approach to x-16565. The developer must submit a separate application for the joint-use approach subject to MDT review process. A copy of the easement has been attached. 8. The applicant has been instructed to contact you for final review instructions for the requested permit. 9. MDT may require a traffic control plan. 10.The developer must adhere to the attached standard permit conditions included with the permit. 11.The applicant has provided copies of other State or Federal agency permits required for this action. However, the future applications will likely require other agency permits. Mike Tierney of my staff can be reached at 406-444-9416 for any questions you may have regarding the review of this permit. Sincerely, ��1� �i��ciutQiL Jim Skinner, Bureau Chief Policy, Program and Performance Analysis Bureau Rail, Transit and Planning Division Attachments: Standard Permit Conditions copies: William Fogarty, Butte District Administrator Duane Liebel, P.E., Butte District Engineering Services Supervisor Joe Walsh, Butte District Projects Engineer Jen Johnson, P.E., Butte District Hydraulics Engineer DJ Berg, P.E., MDT Pavement Analysis Joe Zody, P.E., Traffic Operations &Analysis Engineer John MacMillan, P.E., Project Management Specialist Kristin Kilts, P.E., Bozeman Area Traffic Engineer Jon Burnett, Access Management Coordinator Planning&Policy Analysis Bureau Rail, Transit and Planning Division Phone. (406)444-3423 An Equal Opportunity Employer TTY: (800)335-7592 Fax: (406)444-7671 Web Page: www.mdt.mt.gov Standard MDT Permit Conditions • Approval is contingent upon the applicant complying with all applicable environmental laws. The applicant is solely responsible for any environmental impacts incurred as a result of this project and is solely responsible for obtaining any necessary environmental permits, notifications, and/or any other necessary environmental clearances. • If any aquatic resources such as streams, wetlands, canals, irrigation ditches, springs, etc. will be impacted as a result of this project, the appropriate water quality permits will need to be obtained from state, federal and/or local agencies. • The applicant must obtain approvals from downstream landowners if their proposed actions impact downstream properties (easements, etc.) and provide documentation of appropriate coordination with affected landowners. • Any damage done to MDT facilities or adjacent landowners as a result of the applicant's design or construction is the sole responsibility of the applicant and MDT will not be liable for damages. • The permit, along with all conditions and restrictions, will be transferred to any subsequent parties. It is the responsibility of the applicant or their successor to notify MDT of any ownership changes within two weeks of the change. • If any deviation(s)from the MDT-approved plans is determined necessary at the time of construction due to unforeseen obstacles, the deviation(s) must be approved by MDT in writing before installation begins. • Any work performed before MDT review and approval that requires permitting is subject to removal by the applicant at their sole expense if MDT design standards and/or guidelines are not met. • The applicant will submit a traffic control plan to the District office for approval before entering MDT right of way for construction. • The applicant must coordinate their project with any MDT projects in the area. • MDT design reviews are meant to ensure compatibility with existing facilities and design standards and guidelines. The applicant is responsible for all survey and plan errors and/or omissions that impact the constructability or intended design function of the project. • The applicant must provide full time construction inspection and certification for any work done within MDT right-of-way. Upon completion of the project, or at any time upon request from MDT, the applicant must provide all construction inspection reports. The MDT District Office may assign staff to provide construction inspection oversight at their discretion. Planning 8 Policy Analysis Bureau Rail, Transit and Planning Division Phone: (406)444-3423 An Equal Opportunity Employer TTY: (800)335-7592 Fax: (406)444-7671 Web Page: www.mdt.mt.gov DocuSign Envelope ID:DA80EABA-FF9A-4IBA-8377-2F13932ED888 2701 Prospect Avenue State of Montana PO Box 201001 Afm* Helena,MT 59620-1001 Montana Department of Transportation Phone:(406)444-7237 MDT-MAI-006 11/13 Fax(406)444-0807 Page of Driveway Approach Application and Permit TTY:(406)444-7696 (INSTRUCTIONS CONCERNING USE OF THIS FORM) Applicant will complete and deliver this form in duplicate to the District Administrator serving the area in which the Approach Permit is requested. The District Administrator,in conjunction with the District Traffic Engineer,is delegated authority to approve curb cuts,public and private approaches serving businesses, residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas,usually urban situations, the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. If this is necessary,the approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena. - APPROACH PERMIT - Subject to the following terms and conditions,the permit applied for upon the reverse side hereof,is hereby granted: 1) TERM.This permit shall be in full force and effect from the date hereof until revoked as herein provided. 2) REVOCATION.This permit may be revoked by State upon giving thin 30 days notice to Permittee by ordinary mail,directed to the address shown in the application hereto attached,but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions or terms set forth herein. 3) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence. 4) CHANGES IN HIGHWAY. If the State changes the highway,or there are other changes to adjoining streets,alleys,etc.,which necessitate alterations in structures or installations installed under this permit,Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate agreement. 5) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee,its/his successors or assigns,agree to protect the State and save it harmless from all claims,actions or damage of every kind and description which may accrue to,or be suffered by,any person or persons,corporations or property by reason of the performance of any such work,character of materials used,or manner of installations,maintenance and operation,or by the improper occupancy of said highway right of way,and in case any suit or action is brought against the State and arising out of,or by reason of,any of the above causes,the Permittee,its/his successors or assigns,will upon notice to it/him of the commencement of such action,defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. 6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right-of-Way.Traffic control must meet current MUTCD and MDT standards and guidance.The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations assumed by acceptance of this permit,and especially those set forth under Section 6 thereof. 7) HIGHWAY DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State Highway affected,Permittee shall,at its/his own expense,make such provisions as the State may direct to take care of said drainage. 8) RUBBISH AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at permittee's expense. Upon completion of work contemplated under this permit,all rubbish and debris shall be immediately removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State. 9) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the State,and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this permit at any time,said changes or removal to be made at the sole expense of the permittee. 10) STATE'S RIGHT NOT TO BE INTERFERED WITH. All such changes,reconstructing or relocation shall be done by Permittee,in such a manner as will cause the least interference with any of the State's work,and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State,its agents, contractors or representatives,or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. 11) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State,upon termination of this permit,the Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit,reasonable and ordinary wear and tear and damage by the elements,or by circumstances over which the Permittee has no control,excepted. 12) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain,at its/his sole expense the installations and structures for which this permit is granted,in a condition satisfactory to the State. 13) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State,or by any State employee engaged in construction,alteration,repair,maintenance or improvement of the State Highway,shall be at the sole expense of the Permittee. 14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation,or for any other damage to roadway as a result of the work performed under this permit. 15) OTHER CONDITIONS AND/OR REMARKS. a. All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope,unless otherwise approved. b. No private signs or devices etc.,will be constructed or installed within the highway right-of-way limits. C. This permit is valid only if approach construction is completed within specified months from date of issue. d. Prior to Starting work,for construction inspection and approval of completed ap roach lontact 470 e. ��It' � ss4- /D Months IILI See attached addendum � r�'Z ' Dated at: 04/02/2020 Agreement Date The undersigned,the'Permiltee"mentioned in the aforegoing instrument,hereby accepts this permit,together with all of the terms To be filled in by Department of Transportation Personnel and conditions set forth therein. Completed Approach Inspection By: Date Signed by Permittee Title: 2701 Prospect Avenue PO Box 201001 pfm Montana Department of Transportation Helena,MT59620-1001 Phone:(406)444-7228 MDT-ENV-006 04/17 Environmental Checklist Fax(406)444-7245 Page of TTY:(406)444-7696 (I For MOT Use Only I Date Choose type of Environmental Checklist: 04/02/2020 11 Approach Permit i Applicant Highway or Route: Milepost(s): Name: Title East Frontage Road7777771 0-1 Rob Lateiner Owner Physical Address: City: Company/Utility: BD(Approx. 1100'East of 1-90) Bozeman irga Capital,LLC Legal Description: County: Mailing Address: Phone: Remaining Portion of Plat 7 Film 1072 Gallatin P.O.Box 1070 06-599-9419 Township: Range: Section(s): City: State: Zip: Business Phone: 2 S 06 E 08 Bozeman MT 59771 Montana Environmental Checklist Help Guide (click button to view) Guide Impact Questions Comment,Expl,and/or Actions that qualify for Categorical Exclusion under MEPA and/or NEPA(See ARM 18.2.261 and 23 CFR 771.117) Information Source(Attach j(See ARM 18.2.261 and 23 CFR 771.117) supporting information,as necessary.) 1 Will the proposed action impact any known historical or archaeological site(s)? O Yes e 0 2 Will the proposed action impact any publicly owned parkland(s),recreation area(s),wildlife or waterfowl O Yes Q N refuge(s)? 0 3 Will the proposed action impact prime farmlands?(If yes,attach a completed Farmland Conversion Impact 0 Yes Q N Rating Ad-1006.) 0 a.Will the proposed action have an impact on the human environment that may result from relocations of (j)Yes 0 N persons or businesses,changes in traffic patterns,changes in grade,or other types of changes? o See attached narrative b.Has the proposed action received any preliminary or final approval from the local land use authority? 0 Yes Q o City approval pending 5 For the proposed action,is there documented controversy on environmental grounds?(For example,has 0 Yes Q N the applicant received a letter of petition from an environmental organization?) 0 6 Will the proposed action require work in,across or adjacent to a listed or proposed Wild or Scenic River? Q Yes Q N 0 7 Will the proposed action require work in a Class I Air Shed or nonattainment area? 0 Yes Q 0 8 Will the proposed action impact air quality or increase noise,even temporarily? 0 Yes Q o See attached narrative 9 a.Is the proposed action located within an MS4 Area? 0 Yes Q o City of Bozeman b.Will the proposed action have potential to affect water quality,wetlands,streams or other water bodies? O Yes Q N Wetlands and dtiches appear to be prsent in p the area. 10 Are solid or hazardous wastes or petroleum products likely to be encountered? (For example,project O Yes Q 0 occurs in or adjacent to Superfund sites,known spill areas,understorage tanks,or abandoned mines.) 11 a. Are there any listed or candidate threatened or endangered species,or critical habitat in the vicinity of Yes e N IPa;lists gn-"bears and Canada lynx, the proposed action? 0 'a present in the larger area. No suitable habitat is present in the project area. b.Will the proposed action adversely affect listed or candidate threatened or endangered species,or O Yes e N adversely modify critical habitat? 0 12 Will the proposed action require an environmental-related permit or authorization? p Yes Q N If the answer is"yes,"please list the specific permits or authorizations. 0 1 Is the proposed action within designated sage grouse habitat(https://sagegrouse.mt.gov/projects).(If yes, O Yes Q 0 14 a. Is the proposed action on or within approximately 1 mile of an Indian Reservation? p Yes Q 0 b.If"Yes",will a Tribal Water Permit be required? Q Yes 0 o G)N/ Will the proposed action result in increased traffic volumes,increased wait or delays on state highways,or . Yes N 15 have adverse impacts on other forms of transportation(rail,transit or air movements)? 0 See attached narrative 2701 Prospect Avenue PO Box 201001 Montana Department of Transportation Helena,MT59620-1001 Phone:(406)444-7228 MDT-ENV-006 04/1 Environmental Checklist Fax(406)444-7245 TTY:(406)444-7696 Page of I Is the proposed action part of a project that may require other governmental permits,licenses or @ Yes ON 16 easements? If"Yes",describe the full extent of the project and any other permits,licenses or easements o See attached narrative that may be necessary for the applicant to acquire. 17 Attach a brief description of the work to be performed,including any subsurface work. ❑� Description Attached 18 Attach representative photos of the site(s)where the proposed action would be implemented. Photos ❑� Photos Attached are to include any structures,streams,irrigation canals,and/or potential wetlands in the project area. 19 Attach map(s)showing the location(s)of the proposed action(s);Section,Township,Range;highway or Maps Attached route number and approximate route post(s). Checklist preparer: Title: Date 4� ��� -Brett Megaard,PE(Hyalite Engine Project Engineer 04/02/2020 Signature Reviewed for completeness by: MDT District Representative Title Date Checklist Approved by: I&W,4"U4, Project Development Engineer Dec.29,2020 Environmental Services Bureau Title Date (When any of the items 1 through 16 are checked"Yes") Qery P3 Chief 9-9-2021 TridAportation Planning Title Date (When any of the items 15 or 16 are checked"Yes") Checklist Conditions and Required Approvals A.The applicant is not authorized to proceed with the proposed work until the checklist has been reviewed and approved,as necessary,and any requested conditions of approval have been incorporated. B. Complete the checklist items 1 through 16,indicating"Yes"or"No"for each item. Include comments,explanations,information sources,and a description of the magnitude/importance of potential impacts in the right hand column. Attach additional and supporting information as needed. Ensure that information required for items 17, 18,and 19,is attached. The checklist preparer,by signing,certifies the accuracy of the information provided. C. If"Yes"is indicated on any of the items,the Applicant must explain the impacts as applicable. Appropriate mitigation measures that will be taken to avoid, minimize,and/or mitigate adverse impacts must also be described. Any proposed mitigation measures will become a condition of approval. Use attachments if necessary. If the applicant checks"No"and the District concludes there may in fact be potential impacts,the Environmental Checklist must be forwarded to Transportation Planning for review and approval. D. If"Yes"is indicated in item 11 a.(threatened or endangered species),the Applicant should provide information naming the particular species and the expected location,distribution and habitat use in the proposed action area,i.e.within the immediate area of the proposed action;or,in the general area on occasion(seasonally passes through)but does not nest,den or occupy the area for more than a few days. E. If the applicant checks"Yes"for any item,the approach permit,occupancy agreement or permit,along with the checklist and supporting information,including the Applicant's mitigation proposal,documentation,evaluation and/or permits must be submitted to Transportation Planning. Electronic format is preferred. F. When the applicant checks"Yes"to any item,the Applicant cannot be authorized to proceed with the proposed work until the MDT Environmental Services Bureau and/or Transportation Planning,as appropriate,reviews the information and signs the checklist. G. Applicant must obtain all necessary permits or authorizations from other entities with jurisdiction prior to beginning the proposed action or activity.The Applicant is solely responsible for any environmental impacts incurred as a result of the project;obtaining any necessary environmental permits,notifications, and/or clearances;and ensuring compliance with environmental laws and regulations. EAST FRONTAGE ROAD COMMERCIAL DEVELOPMENT A P R I L 2 0 2 0 M D T - DR IV E W A Y PERM IT SUPPLEMENTAL INFORMATION SHEET 4. a. This project will create a change in local access and grading near the proposed approach, as this lot has yet to be developed. The proposed building will be used for office space. Impacts on the human environment will be mitigated by utilizing appropriate engineering/design. Relocation of persons or businesses are not anticipated. b. The project has not received approval from the City of Bozeman, however the application process has been started with the City. 8. The proposed project will temporarily increase noise due to the needed construction for the site and roadway. This will be mitigated by operating during normal business hours and not during early morning/night times. 9. The proposed project is within the City of Bozeman and therefore their MS4 area. All applicable permits and applications will be followed with the City. 15. The construction of the approach, as well as the addition of a new office building, will result in slightly increased traffic volumes for this area. Estimated ADT is to be determined as the exact use of the building is not yet known. The approach will be constructed to meet the demands of an office building. No increased delays are anticipated on Frontage Road. 16. The proposed action is part of a project that is dependent on the approval from the City of Bozeman for the site plan itself. 17. The site will need a new dedicated approach, as the lot is currently empty and the approach will give access to future development. Minimal subsurface utility work will be required as the water service is to be relocated and updated to current standards. This work will include trenching to the existing water main within MDT right-of-way, all disturbed areas to be returned to original conditions. An existing sewer main runs through the eastern side of the lot; therefore the sewer service will not be connected within MDT right-of-way. Road subsurface work will be minimal and confined to subgrade work. 18. Photos are attached with this submittal. 19. The project is located in Section 8, Township 2 South, Range 6 East, PMM, Gallatin County, Montana. East Frontage Road. See attached aerial photo included with intersection photos. SUPPLEM ENTAL IN FORMATI ON S H EET I EAST FRONTAGE ROAD COMM ERC I A L D E V E L O P M E N T A P R I L 2 0 2 0 M D T - D R I V E W A Y P E R M I T �f • Y Q� East Frontage Road, looking east at proposed Driveway Approach location (approx.) . . East Frontage 1Zoad, looking xvest at proposed Driveway Approach Location (approx.) SITE PHOTOS 1 EAST FRONTAGE ROAD COMMERCIAL DEVELOPMENT P R I L 2 0 2 o M D T - D R I V E W A Y P E R M I T E. FRONTAGE ROAD :0 r� PROJECT LOCATION SE;Si;6 t;CTIOIE TDNNSNID3 Sc/TM.SNhi 0 EAIT.P MY •, , L I CT'OE BD'mw. 53 KL .a / ti ► GAflN T•COUN .SIDWAM THE AID.CST Sr.F 6 ffIWPAUY LOCJATEO E.NT OF THE Cm fS BCZESVN&LO.`1 "M RIONTADE NOAD. LST.rx+1N D.Iso i''•�-ems•7 1 /'� •`�`','7 �'�+.•. � 7',�#' �'a� P lrcr sl / Vicinity Map SITE PHOTOS 2