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Home My WebLink About024.04 - Appendix L.4 - 404 Approval ACOEDEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329 March 5, 2024 SUBJECT: Nationwide Permit Verification; Boardwalk Properties/Delaney - Ferguson Farm Development, Maynard Border Ditch (Gallatin County), File Number NWO-2004- 90431-MT Boardwalk Properties, Inc. Attn: Michael Delaney 101 East Main Street, Suite D Bozeman, MT 59715 Dear Mr. Delaney: This letter is in response to your September 5, 2023, Pre-construction Notification (PCN), requesting Department of the Army (DA) Nationwide Permit (NWP) verification for the above-referenced project. The project site is located at Latitude 45.673897°, Longitude -111.098897°, on Maynard-Border Ditch, within Section 10, Township 2 South, Range 5 East, Bozeman, Gallatin County, Montana. Description of activity requiring verification: 1. Street Crossing at Alley 1: Permanently impact 71 linear feet (LF) and 0.007 acre below the ordinary highwater mark (OHWM) and 0.03 acre of wetland for the installation of a 36-inch by 58.5-inch arched Reinforced Concrete Pipe (RCP) with 5 cubic yards of well graded angular stone riprap. 2. Street Crossing at Field Street: Permanently impact 28 LF and 40 square feet below the ordinary highwater mark (OHWM) and 219 square feet (SF) of wetland for the installation of a 10-foot by 3-foot open-bottom box culvert. 3. Street Crossing at Valley Commons Drive: Permanently impact 23 LF and 17 square feet below the ordinary highwater mark (OHWM) and 182 square feet (SF) of wetland for the installation of an 18-foot by 3-foot open-bottom box culvert. 4. Street Crossing at Alley 2: Permanently impact 38 LF and 48 square feet below the ordinary highwater mark (OHWM) and 168 square feet (SF) of wetland for the installation of a 15-foot by 3-foot open-bottom box culvert. 5. The work will be completed as detailed in the joint application received on September 5, 2023, and impact maps titled “Wetland Exhibit A, B, and C” dated November 2, 2023, received on February 28, 2024, submitted by TerraQuatic, LLC on behalf of the applicant. The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and fill material into waters of the United States under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) and structures or work in, over, and under navigable waters of the United States under Section 10 of the Rivers and Harbors Act (RHA) (33 U.S.C. 403). The Corps’ regulations are published in the Code of Federal Regulations at 33 CFR parts 320 through 332. NWPs are defined in the Federal Register published on December 27, 2021 (86 FR 73522) and January 13, 2021 (86 FR 2744). Based on a review of the information you furnished and available to us, we have determined the above referenced work requires DA authorization under Section 404 of the CWA. Based upon the information you provided, we hereby verify that the work described above, is authorized by NWP 39 Commercial and Institutional Developments. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. The NWP(s) and associated Regional and General Conditions are enclosed and can be accessed on our website at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Montana. 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 you may be subject to appropriate enforcement action. You shall comply with all terms and conditions associated with this NWP. 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. Unless this NWP is suspended, modified, or revoked, it is valid until March 14, 2026. It is incumbent upon you to remain informed of changes to this NWP. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization as per 33 CFR 330.6(b). Any project specific conditions listed in this letter continue to remain in effect after the NWP verification expires unless the district engineer removes those conditions. To assist in your compliance with NWP General Condition 30, enclosed is a "Compliance Certification" form, which shall be signed and returned within 30 days of completion of the 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. 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. -3- 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: https://regulatory.ops.usace.army.mil/customer-service-survey/. Authorizations under this NWP does not relieve permittees from obtaining permits or other authorizations from any required federal, state, or local agency. If you have any questions, please contact Jennifer Bergner via email at jennifer.l.bergner@usace.army.mil, by mail at the address above, or by phone at 406-441-1363 Sincerely, Jennifer Bergner Regulatory Project Manager 3 Enclosures 1. Compliance Certification 2. NWP 39 Commercial and Institutional Developments Fact Sheet with Regional Conditions 3. CWA Section 401 Water Quality Certification cc (via email): Lynn Bacon (tqbacon@gmail.com) COMPLIANCE CERTIFICATION USACE File Number: NWO-2004-90431-MT Permit Type: NWP 39 Commercial and Institutional Developments Name of Permittee: Michael Delaney County: Gallatin County, Montana Date of Issuance: March 5, 2024 Project Manager: Jennifer Bergner Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to Montana.Reg@usace.army.mil or the following address: CORPS OF ENGINEERS, OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329 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