Loading...
HomeMy WebLinkAbout011c Wetland City Regulations4840 Fowler Lane City of Bozeman Aquatic Resource Submittal Prepared BY Sundog Ecological Inc DATE 08/17/2023 Bozeman, Montana, Code of Ordinances    Created: 2022‐08‐19 11:30:20 [EST] (Supp. No. 11, Update 6) Page 1 of 4 DIVISION 38.610. WETLAND REGULATIONS Sec. 38.610.080. Review standards. A. The review authority may approve, conditionally approve or deny a regulated activity in a regulated wetland if: 1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or 2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the activity will result in minimal impact or impairment to any wetland function and the activity will not result in an adverse modification of habitats for, or jeopardize the continued existence of, the following: a. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or No TES species impacted by proposed project. b. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or species on review by the state department of fish, wildlife and parks and the state natural heritage program; or No SOC species impacted by proposed project. 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 activity; Impacted watercourses and wetlands require crossing due to city required street grid. b. The functions and values as determined by a state accepted method of functional assessment of the wetland that may be affected by the proposed regulated activity; Category 3 wetlands c. The extent and permanence of the adverse effects of the regulated activity on the wetland and any associated watercourse; Impacted watercourses require crossing due to city required street grid. d. The cumulative adverse effects of past activities on the wetland; and None known of within current project boundaries. e. The uniqueness or scarcity of the wetland that may be affected. Category 3 wetlands, not scarce. Sec. 38.610.090. Wetland permit conditions. A. The review authority may recommend conditions of approval for proposed regulated activities, and the city may conditionally approve proposed regulated activities, subject to the following conditions: 1. Requiring the provision of a wetland buffer of a size appropriate for the particular proposed activity and the particular regulated wetland area; Understood.. 2. Requiring that structures be appropriately supported and elevated and otherwise protected against natural hazards; Does Not Apply 3. Modifying waste disposal and water supply facilities; Does Not Apply    Created: 2022‐08‐19 11:30:20 [EST] (Supp. No. 11, Update 6) Page 2 of 4 4. Requiring deed restrictions or covenants regarding the future use and subdivision of lands, including but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation removal; 5. Restricting the use of an area, which may be greater than the regulated wetland area; Yes, see submitted materials 6. Requiring erosion control and stormwater management measures; Submitted 7. Clustering structures or development; Does Not Apply 8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland; See materials submitted 9. Modifying the project design to ensure continued water supply to the regulated wetland; High groundwater a main source to wetlands. 10. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland functions; Existing wetlands will be maintained within setback zone. 11. Requiring a yearly mitigation monitoring report to be submitted to the review authority on a yearly basis, with the due date to be determined on a case-by-case basis; Does Not Apply 12. Requiring a deed restriction to be filed with the county clerk stating the measures that will be taken to protect all water resources, mitigation, and buffer areas in perpetuity; Does not apply. 13. Requiring that all reasonable effort has been made to limit indirect impacts to vegetation, faunal interspersion and connectivity, and hydrological connectivity in the site design (e.g., any structures, boardwalks, viewing platforms, or bridges, which are constructed within wetlands will have at least a two-foot space between the bottom chord of the structure and the wetland surface elevation to limit shading impacts and allow wetland vegetation to persist); and Yes, see project plans. 14. Requiring conditions that mitigate locally-regulated (wetlands not connected to a water of the U.S.) infringement upon watercourses, buffers, or negative indirect or direct effects on the functionality of wetlands, watercourses or buffers. Does Not Apply- all wetlands currently are federally regulated. Sec. 38.610.070. - Application requirements and procedures for activities in wetland areas. C. Submittal materials. The information required in 38.41.130 shall be submitted for all regulated activities proposed for regulated wetland areas. Yes, all materials have been submitted. See Sec. 38.41.130 responses below. Sec. 38.220.130. - Submittal materials for regulated activities in wetlands. (Submitted or Not Submitted or Does Not Apply and Why) A. All parties applying for activity permits proposing action affecting federal, state or city regulated wetlands, watercourses and/or buffers within the city limits shall submit the following information to the water review board: 1. A wetland and watercourse delineation report must be submitted to the city for all projects, if aquatic resources are present. If no aquatic resources are present, a letter shall be submitted to the city stating that there are no water resources within the subject property. Submitted a. This wetland and watercourse delineation report shall include, but not be limited to, the following: Urban + Farm City of Bozeman Water Course Regulation Adherence Submittal 01_24_2023 _____________________________________________________________________________ 3 (1) Wetland and watercourse descriptions; Submitted (2) Functional assessment, as determined by a state-accepted functional assessment method, i.e., Montana Department of Transportation (Berglund and McEldowney 2008) or Montana Department of Environmental Quality (Apfelbeck and Farris 2005); Submitted (3) Wetland types, as determined by a state-accepted functional assessment method (i.e., Cowardin et al 1979); Submitted (4) Wetland acreages (by a licensed surveyor); Submitted (5) Maps with property boundaries, wetland and watercourse boundaries and acreages; and Submitted (6) Wetland data forms (U.S. Army Corps of Engineers data forms). Submitted Sec. 38.220.130. - Submittal materials for regulated activities in wetlands. 2. If activities are planned in and/or adjacent to aquatic resources the following information is required: a. A site plan which shows the property boundary; delineated wetland and watercourse boundaries; buffer boundaries; and all existing and proposed structures, roads, trails, and easements. The site plan will include a table of existing wetland functional ratings and acreage, required buffers and acreage, and linear feet of all watercourses and ditches. (1) All direct impacts to wetlands, watercourses, and buffers shall be highlighted and summarized in a table on the site plan. The water resource and buffer summary table shall include wetland/watercourse identification number; corresponding buffer width and acreage; total site, wetland, watercourse, ditch, and buffer acreages; jurisdictional status; impacts to all water resources and buffers; and, mitigation types and acreages. (2) All indirect impacts (e.g., shading from boardwalks or public utility well drawdown) shall be summarized in the document. b. Include a map with all proposed mitigation areas and their required buffers. The map will include a table of mitigation wetland type and acreage and required buffers and acreage. Describe the functional unit gain of the wetland mitigation (as determined by a state-accepted functional assessment method). c. The source, type and method of transport and disposal of any fill material to be used, and certification that the placement of fill material will not violate any applicable state or federal statutes and regulations as listed in section 38.41.020. d. The names and addresses of all property owners within 200 feet of the subject property. The names and addresses shall also be provided on self-adhesive mailing labels. e. Copies of the following: (1) Any Clean Water Act (CWA) section 404 and 401 permits; Pending submission (2) Any MT 310 permits; Pending submission (3) Any floodplain determinations for the proposed site known to the applicant; Does not Apply (4) Any other applications, state or federal, for wetlands permits regarding the proposed site; Does not Apply Urban + Farm City of Bozeman Water Course Regulation Adherence Submittal 01_24_2023 _____________________________________________________________________________ 4 (5) Any U.S. Army Corps of Engineers jurisdictional determinations regarding wetlands on the proposed and adjacent site; and Pending Submission (6) If relevant, any MT state joint applications for the proposed project site. Pending submission f. A completed wetland review checklist. Submitted 3. If in the preparation or review of the required submittal 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 information will be submitted to the city for all federal jurisdictional and city-regulated wetlands (see section 38.42.3240) in a compensatory mitigation report: Does not Apply a. The descriptive portion of the compensatory mitigation report shall include, at a minimum: (1) The name and contact information of the applicant; the name, qualifications, and contact information for the primary author of the compensatory mitigation report; a description of the proposal; summary of the direct and indirect impacts and proposed mitigation concept; identification of all the local, state, and federal wetland/stream-related permit required for the project; and, a vicinity map for the project. (2) Description of the existing wetland, watercourse and buffer areas that will be impacted including area based on professional surveys; dominant vegetation; and functional assessments and wetland ratings for the entire wetland and the portions proposed to be impacted. (3) An assessment of the potential 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. (4) A description of the proposed conceptual mitigation actions for wetland, watercourse and buffer areas. Provide specifications (including buffers) for all proposed mitigation for wetland/watercourse/buffer impacts. Include a map with all proposed mitigation areas and their required buffers. (5) An assessment of existing conditions in the zone of the proposed mitigation including vegetation community structure and composition, existing hydroperiod, existing soil conditions, and existing wetland functions. (6) Provide field data that was collected to document the existing conditions of the proposed mitigation sites and on which the future hydrologic and soil conditions of the mitigation wetlands are based (e.g., hydrologic conditions: piezometer data, staff/crest gage data, hydrologic modeling, visual observations; soil conditions: data from hand-dug or mechanical soil pits or boring results). Do not rely on soil survey data for establishing existing conditions. (7) A planting schedule by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, "typical" clustering patterns, total number of each species by community type, timing of installation, nutrient requirements, watering schedule, weed control, and where appropriate measures to protect plants from destruction. Native species shall comprise 80 percent of the plants installed or seeded within the mitigation site. (8) The mitigation monitoring plan should include a period of not less than three years, and establish the responsibility for long-term removal of invasive vegetation. (9) Wetland mitigation performance criteria (measurable standards reflective of expected development goals established for each year after the mitigation 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 mitigation wetlands and buffers, a monitoring schedule, reporting requirements to the city, and maintenance schedule and actions for each year of monitoring. (10) Contingency plans which clearly define course of action or corrective measures needed if performance criteria are not met. b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum: (1) Existing wetland and buffer surveyed edges; proposed areas of wetland and buffer impacts; and, location of proposed wetland and buffer compensation action. (2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed in the compensation area. Provide existing and proposed mitigation design cross section for the wetland and/or buffer compensation areas. (3) Required wetland buffers for existing wetlands and proposed mitigation areas; c. A discussion of ongoing management practices that will protect and maintain the nonimpacted and mitigation wetland, watercourse and buffer areas in perpetuity.