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Home My WebLink About011b WR Wetland Review Checklist4840 Fowler Lane City of Bozeman Aquatic Resource Submittal: Prepared By Sundog Ecological Inc. DATE 08/17/2023 GENERAL INFORMATION This handout is for all acƟviƟes proposed in or adjacent to regulated wetland areas. SecƟon 38.610 BMC includes the wetland regulaƟons for the City of Bozeman. The regulaƟons provide speciﬁc guidelines and methods to idenƟfy whether an area is a wetland and to determine the boundary between wetlands and uplands. The City’s wetland regulaƟons apply to both wetlands with direct hydrologic connecƟon to “waters of the U.S.” and to isolated wetlands with no direct connecƟon to a water of the U.S. and that exhibit posiƟve wetlands indicators for all three wetland parameters. DIGITAL SUBMITTALS & NAMING PROTOCOL 1. Create and submit a Planning applicaƟon using the ProjectDox portal; a. a. AŌer compleƟng your Development Review ApplicaƟon, you will receive a NoƟﬁcaƟon LeƩer (example) via email. Please download this document and obtain owner’s signature. Upload as a PDF to the “Documents” folder in ProjectDox. 2. The digital copies must be separated into two categories: Documents and Drawings. a. The documents folder should include items such as applicaƟons forms, narraƟves, response to city comments, supplemental documents, technical reports, easements, legal documents, etc. b. The drawing folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevaƟons, etc. All drawing ﬁles must be drawn and formaƩed for a 24” x 36” sheet ﬁle or 11” x 17” sheet ﬁle. Plan pages shall be properly oriented in landscape mode. Refer to our Quick Guide for addiƟonal informaƟon; 3. Naming protocol. All ﬁles should be numbered and named according to their order listed on your provided SubmiƩal Checklist. File names should start with a numeric value followed by the document name. The numeric value at the beginning of the ﬁle name ensures the order in which they are displayed. Refer to our Quick WETLAND REVIEW CHECKLIST All parƟes applying for acƟvity permits proposing acƟon affecƟng federal, state or city regulated wetlands, watercourses and/or buffers within the city limits must submit the following informaƟon in compliance with SecƟon 38.220.130 BMC: 1. 1. A wetland and watercourse delineaƟon report must be submiƩed to the city for all projects, if aquaƟc resources are present. When required to determine applicability and scope of wetland locaƟon and funcƟon the delineaƟon shall go beyond the boundary of the property. If no aquaƟc resources are present, a leƩer must be submiƩed to the city staƟng that there are no water resources within the subject property. Yes, submiƩed 4840 Fowler Lane City of Bozeman Aquatic Resource Submittal: Prepared By Sundog Ecological Inc. DATE 08/17/2023 a. This wetland and watercourse delineaƟon report must include, but not be limited to, the following and must in be prepared in accordance with SecƟon 38.610.030 BMC: i. Wetland and watercourse descripƟons; Yes, submiƩed ii. FuncƟonal assessment, as determined by a state-accepted funcƟonal assessment method, i.e., Montana Department of TransportaƟon (Berglund and McEldowney 2008 as amended) or Montana Department of Environmental Quality (Apfelbeck and Farris 2005 as amended); Yes, submiƩed iii. Wetland types, as determined by a state-accepted funcƟonal assessment method (i.e., Cowardin et al 1979 as amended); Yes, submiƩed iv. Wetland acreages (by a licensed surveyor); Yes, submiƩed v. Maps with property boundaries, wetland and watercourse boundaries and acreages; and Yes, submiƩed vi. Wetland data forms (U.S. Army Corps of Engineers data forms). Yes, submiƩed 2. If acƟviƟes are planned in and/or adjacent to aquaƟc resources the following informaƟon is required: a. A site plan which shows the property boundary; delineated wetland and watercourse boundaries; buffer boundaries; and all exisƟng and proposed structures, roads, trails, and easements. The site plan will include a table of exisƟng wetland funcƟonal raƟngs and acreage, required buffers and acreage, and linear feet of all watercourses and ditches. Yes, submiƩed. i. All direct impacts to wetlands, watercourses, and buffers must be highlighted and summarized in a table on the site plan. The water resource and buffer summary table must include wetland/watercourse idenƟﬁcaƟon number; corresponding buffer width and acreage; total site, wetland, watercourse, ditch, and buffer acreages; jurisdicƟonal status; impacts to all water resources and buffers; and, miƟgaƟon types and acreages. Yes, submiƩed ii. All indirect impacts (e.g., shading from boardwalks or public uƟlity well drawdown) must be summarized in the document. b. A map with all proposed miƟgaƟon areas and their required buffers. The map must include a table of miƟgaƟon wetland type and acreage and required buffers and acreage and a descripƟon of the funcƟonal unit gain of the wetland miƟgaƟon (as determined by a state-accepted funcƟonal assessment method). Does not currently apply. c. The source, type and method of transport and disposal of any ﬁll material to be used, and cerƟﬁcaƟon that the placement of ﬁll material will not violate any applicable state or federal statutes and regulaƟons as listed in secƟon 38.220.020. d. d. Copies of the following: i. Any ﬂoodplain determinaƟons for the proposed site known to the applicant; Does not apply. 4840 Fowler Lane City of Bozeman Aquatic Resource Submittal: Prepared By Sundog Ecological Inc. DATE 08/17/2023 ii. Any U.S. Army Corps of Engineers jurisdicƟonal determinaƟons regarding wetlands on the proposed and adjacent site; and 404 Permit ApplicaƟon Submission Pending iii. Any permits from the required permits secƟon below See below iv. e. A completed wetland review checklist. Yes, submiƩed 3. If in the preparaƟon or review of the required submiƩal materials it is determined that there are unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water Act permit, then the following informaƟon must be submiƩed to the city for all federal jurisdicƟonal and city-regulated wetlands (see secƟon 38.700.210 for deﬁniƟon) in a compensatory miƟgaƟon report: a. The descripƟve narraƟve must include, at a minimum: i. The name and contact informaƟon of the applicant; the name, qualiﬁcaƟons, and contact informaƟon for the primary author of the compensatory miƟgaƟon report; a descripƟon of the proposal; summary of the direct and indirect impacts and proposed miƟgaƟon concept; idenƟﬁcaƟon of all the local, state, and federal wetland/stream-related permit required for the project; and, a vicinity map for the project. Yes, submiƩed ii. A descripƟon of the exisƟng wetland, watercourse and buffer areas that will be impacted including area based on professional surveys; dominant vegetaƟon; and funcƟonal assessments and wetland raƟngs for the enƟre wetland and the porƟons proposed to be impacted. Yes, submiƩed iii. An assessment of the potenƟal changes in wetland hydroperiod for the proposed project and how the design has been modiﬁed to avoid, minimize or reduce impacts to the wetland hydroperiod. Yes, submiƩed iv. A descripƟon of the proposed conceptual miƟgaƟon acƟons for wetland, watercourse and buffer areas. Provide speciﬁcaƟons (including buffers) for all proposed miƟgaƟon for wetland/watercourse/buffer impacts. Include a map with all proposed miƟgaƟon areas and their required buffers. Yes, submiƩed v. An assessment of exisƟng condiƟons in the zone of the proposed miƟgaƟon including vegetaƟon community structure and composiƟon, exisƟng hydroperiod, exisƟng soil condiƟons, and exisƟng wetland funcƟons. Yes, submiƩed vi. Field data that was collected to document the exisƟng condiƟons of the proposed miƟgaƟon sites and on which the future hydrologic and soil condiƟons of the miƟgaƟon wetlands are based (e.g., hydrologic condiƟons: piezometer data, staff/crest gage data, hydrologic modeling, visual observaƟons; soil condiƟons: data from handdug or mechanical soil pits or boring results). The applicant may not rely on soil survey data for establishing exisƟng condiƟons. Yes, submiƩed vii. A planƟng schedule by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, “typical” clustering paƩerns, total number of each species by community type, Ɵming of installaƟon, nutrient requirements, watering schedule, weed control, and where appropriate measures to 4840 Fowler Lane City of Bozeman Aquatic Resource Submittal: Prepared By Sundog Ecological Inc. DATE 08/17/2023 protect plants from destrucƟon. NaƟve species must comprise 80 percent of the plants installed or seeded within the miƟgaƟon site. Yes, submiƩed. viii. viii. The miƟgaƟon monitoring plan must include a period of not less than three years, and establish the responsibility for long-term removal of invasive vegetaƟon. ix. Wetland miƟgaƟon performance criteria (measurable standards reﬂecƟve of expected development goals established for each year aŌer the miƟgaƟon site is established, i.e., “At the end of three years there will be an 80 percent survival of the planted shrubs and trees.”) for miƟgaƟon wetlands and buffers, a monitoring schedule, reporƟng requirements to the city, and maintenance schedule and acƟons for each year of monitoring. Does not currently apply x. x. ConƟngency plans which clearly deﬁne course of acƟon or correcƟve measures needed if performance criteria are not met. Does not currently apply xi. b. The scaled plan sheets for the compensatory miƟgaƟon must contain, at a minimum: Does not currently apply xii. i. ExisƟng wetland and buffer surveyed edges; proposed areas of wetland and buffer impacts; and, locaƟon of proposed wetland and buffer compensaƟon acƟon. Yes, submiƩed xiii. ii. Surveyed topography at one- to two-foot contour intervals in the zone of the proposed compensaƟon acƟons if any grading acƟvity is proposed in the compensaƟon area. Provide exisƟng and proposed miƟgaƟon design cross secƟon for the wetland and/or buffer compensaƟon areas. Does not currently apply xiv. iii. Required wetland buffers for exisƟng wetlands and proposed miƟgaƟon areas; Does not currently apply xv. c. A discussion of ongoing management pracƟces that will protect and maintain the non-impacted and miƟgaƟon wetland, watercourse and buffer areas in perpetuity. Yes, submiƩed NARRATIVE AND DISCUSSION All applicaƟons that propose changes to wetlands must provide a narraƟve response and discussion to the following: 1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or Yes, all necessary permits will be acquired prior to wetland impacts. 2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the acƟvity will result in minimal impact or impairment to any wetland funcƟon and the acƟvity will not result in an adverse modiﬁcaƟon of habitats for, or jeopardize the conƟnued existence of, the following: Yes, all necessary permits will be acquired prior to wetland impacts. a. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or Yes, submiƩed 4840 Fowler Lane City of Bozeman Aquatic Resource Submittal: Prepared By Sundog Ecological Inc. DATE 08/17/2023 b. Plant, animal or other wildlife species listed as a species of concern, species of potenƟal concern, or species on review by the state department of ﬁsh, wildlife and parks and the state natural heritage program; or Yes, submiƩed 3. The applicant has demonstrated that the project is in the public interest, having considered and documented: a. The extent of the public need for the proposed regulated acƟvity; Yes, the public is in need of obtainable housing. b. The funcƟons and values as determined by a state accepted method of funcƟonal assessment of the wetland that may be affected by the proposed regulated acƟvity; Yes, submiƩed c. The extent and permanence of the adverse effects of the regulated acƟvity on the wetland and any associated watercourse; Yes, all necessary permits will be acquired prior to wetland impacts. d. The cumulaƟve adverse effects of past acƟviƟes on the wetland; and Yes, the wetlands are associated with a man-made ditch, fully controlled by a headgate. e. The uniqueness or scarcity of the wetland that may be affected. Yes, submiƩed 4. The source, type of method of transport and disposal of any ﬁll materials to be used and cerƟﬁcaƟon that the placement of ﬁll material will not violate any applicable State or Federal Statutes and RegulaƟons. Yes, all necessary permits will be acquired prior to wetland impacts. 5. Are deed restricƟons or covenants regarding the future use and subdivision of land, including but not limited to the preservaƟon of undeveloped areas as open space, and restricƟons on vegetaƟon removal proposed? Deed restricƟons are not proposed – wetlands will be perpetually protected in a City Parkland. 6. Are deed restricƟons proposed to be ﬁled with the county clerk and recorder staƟng the measures that will be taken to protect all water resources, miƟgaƟon, and buffer areas in perpetuity? No, wetlands will be perpetually protected in a City Parkland. 7. Are any of the other relevant wetland permit condiƟons in SecƟon 38.610.090 BMC proposed with the applicaƟon? No. REQUIRED PERMITS Provide copies of any of the following permits submiƩed or already obtained for the site: 1. Montana Stream ProtecƟon Act (SPA 124 Permit). Administered by the Habitat ProtecƟon Bureau, Fisheries Division, Montana Fish, Wildlife and Parks. Does not apply 2. Stormwater discharge general permit. Administered by the water quality bureau, state department of environmental quality. No. 4840 Fowler Lane City of Bozeman Aquatic Resource Submittal: Prepared By Sundog Ecological Inc. DATE 08/17/2023 3. Montana Natural Streambed and Land PreservaƟon Act (310 Permit). Administered by the board of supervisors, county conservaƟon district. Pending Submission 4. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered by the city engineering department. No, there is no delineated ﬂoodplain on the property. 5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S. Environmental ProtecƟon Agency. Pending Submission 6. Federal Rivers and Harbors Act (SecƟon 10 Permit). Administered by the U.S. Army Corps of Engineers. 7. Short-term Water Quality Standard for Turbidity (318 AuthorizaƟon). Administered by state department of environmental quality. Does not apply 8. Montana Land-Use License or Easement on Navigable Waters. Administered by the state department of natural resources and conservaƟon. Does not apply 9. Montana Water Use Act (Water Right Permit and Change AuthorizaƟon). Administered by the water rights bureau, state department of natural resources and conservaƟon. Does not apply