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Home My WebLink About024 Army Corps Approval DraintileDEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TH STREET, SUITE 2200 HELENA, MONTANA 59626 REPLY TO ATTENTION OF Printed on Recycled Paper October 18, 2016 Regulatory Branch Montana State Program Corps No. NWO-2007-01084-MTH Subject: Norton Properties, LLC (Vaughn Environmental Services) Norton East Subdivision - Various Waterways (Gallatin County) Kevin Spencer Norton Properties, LLC 63026 Lower Meadow Drive, Suite 200 Bend, Oregon 97701-6984 Dear Mr. Spencer: We are responding to your request for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located near Aajker Creek, within Section 9, Township 2 S, Range 5 E, Principal Meridian, Latitude 45.67728°, Longitude -111.113743°, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.: Work Item Description a. A 12-inch diameter PVC drain tile will be installed to collect and divert groundwater flow from a sub-division to an outlet located on the East bank of Aajker Creek. The outlet pipe, will have a concrete flared end and rip rap swale. The pipe will be buried approximately 10-feet at the upstream end (Station 39+00) and will taper to approximately 2-feet below the surface at the outlet (station 0+00). The PVC drain tile will be a solid wall pipe from Stations 0+00 to station 12+50 and from station 12+50 to station 24+50 will be perforated and from station 24+50 to 39+00 will be a solid pipe. The flared end the concrete will extend to a swale lined with 2.3 cubic yards of Class I rip rap. Approximately 75 square feet of wetland will be impacted. Based on the information you provided, the proposed activity, permanently affecting approximately 75 square feet of wetlands adjacent to Aaijker Creek, is authorized by NWP 29, found in the February 21, 2012, Federal Register (76 FR 9174), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes this NWP and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. In addition to conditions referenced above, the following special conditions apply: Condition Description 1. In order to ensure that the installation of the approved drain pipe does not alter 03/03/23 22203 Norton East Ranch Ph. 5B FP -2- Printed on Recycled Paper hydrology at the 8.68-acre wetland enhancement site and the preservation of the 4 acre wetland site as compensatory mitigation for permit number NWO-2007- 01084, you shall delineate the wetland three years after construction of the drain. 2. You shall provide a monitoring report describing the effects of the drain project on the adjacent wetland. If the extent of the wetlands is reduced, as compared to the March 30, 2007, wetland delineation, your report will describe contingency measures ensuring the restoration of hydrology at the nearby wetland, a timeline for implementation of these measures, and a proposed monitoring plan to be approved by this office. You are responsible for ensuring that all work is performed in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action. The U.S. Army Corps of Engineers (Corps) prepared the enclosed preliminary jurisdictional determination (JD) for the project area. A preliminary JD is a written indication that waterways and wetlands within your project area may be waters of the U.S. These waters are treated as jurisdictional waters of the U.S. for the purposes of determining project impacts and compensatory mitigation requirements. Preliminary JDs may not be appealed. If you believe the preliminary JD is inaccurate, you may request this office complete an approved JD prior to your commencement of any work in a water of the U.S. An approved JD is an appealable official determination regarding the presence or absence of waters of the U.S. Completion of an approved JD may require coordination with the U.S. Environmental Protection Agency (EPA). If you believe the preliminary JD is accurate and do not want the Corps to complete an approved JD, please sign the preliminary JD and return it to the letterhead address within two weeks. 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. This verification is valid until March 18, 2017, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). 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. In compliance with General Condition 30, we have enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the -3- Printed on Recycled Paper 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. 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: http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. Please refer to identification number NWO-2007-01084-MTH in any correspondence concerning this project. If you have any questions, please contact Timothy McNew at Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626, by email at Timothy.M.McNew@usace.army.mil, or telephone at 406-441-1375. Sincerely, Timothy M. McNew Regulatory Project Manager Enclosures: Compliance Certification Preliminary Jurisdictional Determination NWP 29 Fact Sheet with Regional Conditions Montana DEQ CWA Section 401 Water Quality Certification Cc Via e-mail: Barbara Vaughn MCNEW.TIMOTHY.M.1 282229745 Digitally signed by MCNEW.TIMOTHY.M.1282229745 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MCNEW.TIMOTHY.M.1282229745 Date: 2016.10.19 13:35:04 -06'00' -4- Printed on Recycled Paper COMPLIANCE CERTIFICATION Corps File Number: NWO-2007-01084-MTH Name of Permittee: Norton Properties, LLC C/O Kevin Spencer County: Gallatin County, Montana Date of Issuance: October 18, 2016 Corps Project Manager: Timothy McNew Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US Army Corps of Engineers Omaha District Helena Regulatory Office 10 West 15 Street, Suite 2200 Helena, Montana 59626 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