HomeMy WebLinkAbout43.2_FWP email response memoC:\Users\AlexFox\Pond and Stream Dropbox\Company Data\PSC\Projects\Urban Farms\FWP email response memo 1-16-24.doc
P OND AND S TREAM C ONSULTING , I NC.
626 Ferguson Ave., Suite 1, Bozeman, MT 59718 Phone (406) 522-4056 info@pondandstream.com
Memorandum
To: Tom Berkley/Outlaw Real Estate Partners (Outlaw)
Cc: Jace Bovington/ Outlaw
From: Alex Fox/Pond and Stream Consulting, Inc.
Date: January 16, 2024
Re: Response to Montana Fish, Wildlife and Parks Email of September 5, 2023
As discussed, this memo provides direct responses to concerns raised by the Montana Department of Fish, Wildlife and
Parks (FWP) regarding the proposed Central Park Pond at Urban Farms via email correspondence from Mike Duncan to
Nicole Olmstead of Cushing Terrell Landscape Architects (CTA) on September 5, 2023. To facilitate review, FWP’s
individual concerns are listed below in the order provided in the email, along with the appropriate response.
We generally do not support the idea of ponds since we typically end up with a variety of illegally introduced species being
transferred to and from any new ponds, especially those open to the public.
• As required by FWP and utilizing the secured water right, the Owners will apply for a Non-Commercial Private
Fish Pond License (PPL) to allow stocking of approved fish species (rainbow or cutthroat trout). This application
will require that the pond is adequately screened to “prevent escape of stocked fish”. Based on the existing
groundwater certificate and the proposed outflow system (reinjection), securing the PPL will be a formality. The
Owner’s ability to provide a trout fishery in the proposed pond will dissuade the “public” from introducing
unwanted species, as a viable fishery will exist. Further, if in the case of introduction of unwanted species, the
pond’s lack of proximity to perennial surface water and its installed screening mechanism (overflow reinjection
system) will effectively make escape of any species (legally stocked, or illegally introduced) impossible.
Ponds also typically lead to water quality issues such as increased water temperatures and nutrients.
• The intermittent overflow of the pond will be withdrawn from a depth of approximately five feet below design
water surface elevation and reinjected to the alluvial aquifer utilizing an engineered infiltration basin. Withdrawal
of pond overflow from this depth will ensure discharge of cool overflow from near the pond’s “thermocline”. The
temperature of this outflow is anticipated to fluctuate between 48 and 52 degrees Fahrenheit and should be nearly
identical in temperature to the area’s groundwater. This combined with the lack of surface water connection
between the pond and area streams will eliminate the possibility of adverse impacts to instream flows and/or
adjacent fisheries.
Algae is often a problem that leads owners wanting to apply chemicals to the water to mitigate the issue.
• Pond construction will employ all techniques available (e.g. high average depth, limited shallow water, shoreline
development using appropriate wetland plants and aeration) to limit growth of nuisance vegetation (algae and
rooted aquatic macrophytes). As the proposed pond will be filled and maintained using exempt groundwater from
the nearby well, nutrients inherent in its inflow will be identical to the groundwater receiving the outflow of the
pond. Care will be taken to minimize intentional nutrient introduction to the pond and fertilizers, aquatic
herbicides and algaecides will be expressly prohibited for use in and/or on the pond or its adjacent landscape.
Additionally, aeration will be employed to both ensure overwintering of stocked trout, and to minimize growth of
nuisance aquatic by reducing anaerobic conditions in the pond via introduction of ambient air at depth during
certain times of the year. This aeration will be conducted using an installed time switch to provide for nighttime
aeration during warmer months (typically mid-May through late September) and consistent aeration the balance of
the year.
Central Park Pond at Urban Farm – Response to Fish, Wildlife and Parks January 16, 2024
C:\Users\AlexFox\Pond and Stream Dropbox\Company Data\PSC\Projects\Urban Farms\FWP email response memo 1-16-24.doc 2
Summary
To summarize, the proposed pond use (pond size and water use) at Urban Farm will adhere to the groundwater certificate as
approved by the DNRC (Water Right 41H 30158959) and the project will comply with all Federal, State and Local
permitting requirements, including those set forth by FWP via their PPL permitting process. Additionally, construction and
maintenance of the feature will be conducted in an effort to minimize long-term maintenance concerns and minimize
opportunities for deleterious effects to adjacent aquatic resources
Please feel free to contact me if you have any questions, or if I can provide clarifications or additional information. Thank
you and I look forward to speaking with you soon.
Sincerely,
Alex Fox
Principal/Resource Engineer