HomeMy WebLinkAbout016 NWO-2023-01707-MT_20240628_AJD-LetterDEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MT 59601-3329
June 28, 2024
SUBJECT: NWO-2023-01707-MT – 4840 Fowler Lane – Approved Jurisdictional Determination
Ms. Brianna Shultz Sundog Ecological, Inc. P.O. Box 1424 Bozeman, Montana 59771
Dear Ms. Schultz:
This letter is in response to the request received on October 16, 2023 for an approved jurisdictional determination for the proposed 4840 Fowler Lane project. The site is
located in Section 23 of Township 02 South, Range 5 East, City of Bozeman, Gallatin
County, Montana. Your request has been assigned the Corps Regulatory File Number referenced above. Please reference this file number on any correspondence to us or to other interested parties when referencing this project or concerning this request.
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 implementing regulations for these Acts are published in the Code of Federal
Regulations at 33 CFR parts 330-332.
Based on our evaluation of the information provided and other available information, we have determined the following resources are jurisdictional: W1, W2, and W3. The attached approved jurisdictional determination provides rationale for why these aquatic
resources meet the definition of waters of the United States. Based on this
determination, a Department of the Army permit is required for the discharge of dredged or fill material into these aquatic resources.
This determination does not eliminate requirements to obtain any other applicable
federal, state, tribal, or local permits.
Attached to this letter is the approved jurisdictional determination for your project site. This jurisdictional determination is valid for a 5-year period from the date of this letter, until June 28, 2029, unless new information warrants revision of the determination
before the expiration date. If you object to this determination, you may request an
administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find
-2-
a Notification of Administrative Appeal Options and Process and Request for Appeal (NAO-RFA) form. If you request to appeal this determination, you must submit a completed NAO-RFA form to the address listed on the form.
For an NAO-RFA to be accepted by the Corps, the Corps must determine that it is completed, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received by the Division Office within 60 days of the date of the NAO-RFA. Should you decide to submit an NAO-RFA form, it must be received at the Division Office by August
26, 2024. It is not necessary to submit an NAO-RFA form to the Division Office if you do
not object to the determination in this letter. In the event that you disagree with this approved jurisdictional determination and you have new information not considered in the original determination, you may request
reconsideration of this determination by contacting this office prior to initiating an appeal.
To request this reconsideration based upon new information, you must submit the new information to this office so that it is received within 60 days of the date of the NAO-RFA. The Corps’ 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/. If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return by mail. Additionally, further information regarding the Omaha
District Regulatory Program can be obtained by visiting our website at https://www.nwo.usace.army.mil/Missions/Regulatory-Program/. If you have any questions concerning this jurisdictional determination, please contact the Montana Regulatory Program at the above address, by phone at (406) 441-1375,
ext. 1375, or by email at Montana.Reg@usace.army.mil and reference file number NWO-2023-01707-MT. Sincerely,
Benjamin N. Soiseth
Chief, North Dakota Section
Enclosures