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HomeMy WebLinkAbout006_WR_MRLCulvertJointApp JOINT APPLICATION FOR PROPOSED WORK IN MONTANA’S STREAMS, WETLANDS, FLOODPLAINS & OTHER WATER BODIES This is a standardized application to apply for one or all local, state, or federal permits listed below. • Refer to instructions to determine which permits apply and submit a signed application to each applicable agency. • Incomplete applications will result in the delay of the application process. • The applicant is responsible for obtaining all necessary permits and landowner permission before beginning work. • Other laws may apply. PERMIT AGENCY FILL OUT SECTIONS FEE X 310 Permit Local Conservation District A - E and G Inquire locally SPA 124 Permit Department of Fish, Wildlife and Parks A - E and G No fee X 318 Authorization 401 Certification Department of Environmental Quality A - E and G $250 (318); $400 - $20,000 (401) Navigable Rivers Land Use License, Lease, or Easement Department of Natural Resources and Conservation, Trust Lands Management Division A - E and G $50, plus additional fee X Section 404 Permit, Section 10 Permit U. S. Army Corps of Engineers (USACE) A - G F1-8 Varies ($0 - $100) Floodplain Permit Local Floodplain Administrator A - G Varies by city/county ($25 - $500+) A. APPLICANT INFORMATION APPLICANT NAME (person responsible for project): Casey Tippens, Bozeman Trax Partners, LLC Has the landowner consented to this project? ☒ Yes ☐ No Mailing Address: 5148 US 89 S., Livingston, MT 59715 Physical Address: 5148 US 89 S., Livingston, MT 59715 Cellphone: 406-624-7815 Home Phone: N/A E-Mail: ctippens@gmail.com LANDOWNER NAME (if different from applicant): Montana Rail Link (MRL), Inc. Mailing Address: PO Box 16624, Missoula, MT 59808-6624 Physical Address: 101 International Way, Missoula, MT 59808-6624 Cellphone: N/A Home Phone:406-523-1500 E-Mail: N/A CONTRACTOR/COMPANY NAME (if applicable): N/A Revised: 5/12/2021 310 Form 270 and Instructions may be downloaded from: http://dnrc.mt.gov/licenses-and-permits/stream-permitting CD/AGENCY USE ONLY Application # Click to enter text. Date Received Date Date Accepted Date Initials Initials Date FW: to FWP Date This space is for all Department of Transportation and SPA 124 permits (government projects). Project Name Click to enter text. Control Number Click to enter text. Contract Letting Date Date MEPA/NEPA Compliance ☐Yes ☐No If yes, #C5 of this application does not apply. B. PROJECT SITE INFORMATION 1. NAME OF STREAM or WATER BODY at project location Mandeville Creek and associated wetlands Project Address/Location: At the MRL railroad crossing culvert on Mandeville Creek (north of Red Wing Dr.) on MRL right-of-way Nearest Town Bozeman County C Geocode: Adjacent to 06-0904-36-2-01-40-0000; MRL owned property with no parcel information available NE1/4 of the NW 1/4 of, Section 36 Township 01 S, Range 05 E Latitude 45.71232 Longitude -111.05543 Refer to section B1 in the instructions. 2. Is the proposed activity within SAGE GROUSE areas designated as general, connected, or core habitat? Yes ☐ No ☒ Attach consultation letter if required. Refer to section B2 in the instructions. 3. Is this a STATE NAVIGABLE WATERWAY? The state owns beds of certain navigable waterways. Yes ☐ No☒ If yes, send a copy of this application to the appropriate DNRC land office. Refer to section B3 in the instructions. 4. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition, bank slope, height, nearby structures, and wetlands. What vegetation is present? Refer to section B4 in the instructions. Mandeville Creek is a perennial stream that runs from the south to north, crossing Red Wing Drive and the MRL railroad tracks via culverts. The crossing at the MRL tracks is the project location where impacts will occur. The creek continues to flow north of the project intersection, eventually, reaching the East Gallatin River. The creek has a rock substrate and an herbaceous vegetation corridor and is approximately 6-8 feet wide with a bankfull depth of 2 feet. The stream slope is flat. Wetland 1 (WL-1) is located adjacent to Mandeville Creek from north of Redwing Drive in Bozeman to the culvert under the MRL railroad crossing (see the attached November 2021 Wetland and Waterbody Assessment Report for North Park Development). It is a 0.2-acre depressional emergent, riverine wetland that is dominated by Typha sp. and has a silt substrate. C. PROPOSED PROJECT OR ACTIVITY INFORMATION 1. TYPE OF PROJECT (check all that apply) Refer to section C1 in the instructions. ☐ Agricultural and Irrigation Projects: Diversions, Headgates, Flumes, Riparian fencing, Ditches, etc. ☐ Buildings/Structures: Accessory Structures, Manufactured Homes, Residential or Commercial Buildings, etc. ☒ Channel/Bank Projects: Stabilization, Restoration, Alteration, Dredging, Fish Habitat, Vegetation or Tree Removal, or any other work that modifies existing channels or banks. ☒ Crossings/Roads: Bridge, Culvert, Fords, Road Work, Temporary Access, or any project that crosses over or under a stream or channel. ☐ Mining Projects: All mining related activity, including; Placer Mining, Aggregate Mining, etc. ☐ Recreation related Projects: Boat Ramps, Docks, Marinas, etc. ☐ Other Projects: Cistern, Debris Removal, Excavation/Pit/Pond, Placement of Fill, drilling or directional boring, Utilities, Wetland Alteration. Other project type not listed here ___________________________ ______________________________________________________________________________________ 2. IS THIS APPLICATION FOR an annual maintenance permit? ☐ Yes ☒ No (If yes attach annual plan of operation to this application) – Refer to section C2 in the instructions. 3. WHY IS THIS PROJECT NECESSARY? STATE THE PURPOSE OR GOAL of the proposed project. Refer to section C3 in the instructions. This project is for a small phase associated with a larger development project, North Park Rail – Phase I Design project, by Bozeman Trax Partners, LLC. A Master Site Plan has been submitted to City of Bozeman for the overall development for the area, which will consist of a private rail spur and development of an industrial and mixed-use area on properties owned by the developer and portions of the land owned by the State of Montana that will be leased to the developer who will then be able to sub-lease the areas. The overall project site has been approved through the City of Bozeman Master Site Plan review process, and additional Master Site Plans and Site Plan applications will be required by the City of Bozeman Planning each time an individual development moves forward. Engineering review for public infrastructure (streets, water, sewer, etc.) is required after Planning has approved their portion of the project, and the development is currently finalizing engineering plans with the City of Bozeman to begin work on the public infrastructure. The activities associated with this joint application is for the Bozeman Trax – Culvert Extension project on MRL-owned property that is located on the north end of the project and will involve development of areas for industrial use with rail sidings. As part of the future development for the site to include a rail siding, improvements will need to be made to the current rail road under MRL. The improvements will involve widening the current single main line track to include a runaround and siding track. The expansion will provide three parallel tracks within the MRL right-of-way allowing for spur rail lines to provide access to the various development areas. Widening the track at the main line will require the culvert extension and the abandonment of Red Wing Drive which runs parallel to the tracks at the north end of the site and removal of a culvert. 4. PROVIDE A BRIEF DESCRIPTION of the proposed project plan and how it will be accomplished. Refer to section C4 in the instructions. As part of the broader project, a culvert extension is proposed for the Mandeville MRL railroad crossing to maintain Mandeville Creek flows. The project proposes to install a 34-feet long and 48-inch diameter corrugated metal pipe (CMP) that connects to a 6-feet long and 60-inch diameter CMP culvert, which will connect to an existing culvert, as shown in the attached Draft Bozeman Trax Culvert Extension plan sheets to maintain creek flows at the MRL rail road track crossing. The over-widened pipe is to accommodate a fish-resting structure as requested by MT FWP during the 02/08/22 site visit due to the culvert exceeding the 80-feet threshold requirement for providing a fish resting structure. An existing 44-foot long, 36” diameter corrugated metal pipe (CMP) culvert will be removed from under Red Wing Drive, and the existing road will be abandoned. All work will be performed within the 400-foot wide MRL right-of-way. 5. WHAT OTHER ALTERNATIVES were considered to accomplish the stated purpose of the project? Why was the proposed alternative selected? Refer to section C5 in the instructions. No other alternatives have been proposed as this alternative will minimize impacts to Mandeville Creek and associated wetlands will maintain existing flows and will result in a potential net gain in creek area with the abandonment of Red Wing Drive and culvert removal. 6. NATURAL RESOURCE BENEFITS OR POTENTIAL IMPACTS. Please complete the information below to the best of your ability. * Explain any temporary or permanent changes in erosion, sedimentation, turbidity, or increases of potential contaminants. What will be done to minimize those impacts? This proposed project will be constructed in accordance with general Best Management Practices (BMPs) to control erosion and sedimentation. Stream diversion will be necessary and is being coordinated through the engineer and potential contractor, who are considering the best method either a temporary pipe through the culvert or maybe a small “holding pool”. The construction activity will be very short in duration to limit potential downtown for the rail. • Will the project cause temporary or permanent impacts to fish and/or aquatic habitat? What will be done to protect the fisheries? The Montana Fish, Wildlife, and Parks FishMT database (accessed November 2021did not identify any areas of fish distribution within the project area, and according to the MT Natural Heritage Program Map Viewer, there are no fish species of concern that have been documented within the project area (accessed November 2021). No fish species were observed by the Weston Solutions biologist during the survey. Due to the short duration of the project to maintain railroad function, the proposed project will have temporary sediment impacts that may impact aquatic habitat and downstream fisheries. • What will be done to minimize temporary or permanent impacts to the floodplain, wetlands, or riparian habitat? The project design team has made all practicable efforts to avoid and minimize potential impacts to the wetlands and riparian habitat. However, to install the culvert, complete avoidance of the wetlands was not possible. The permanent impacts to the Likely Jurisdictional Wetlands are expected to be approximately 0.067 acres. Temporary wetland impacts will be 0.001 acres. • What efforts will be made to decrease flooding potential upstream and downstream of project? Because the construction activity will be performed in the winter during frozen conditions, there is no flooding potential expected. The proposed drainage design was developed by professional engineers to maintain appropriate flows and to avoid and/or minimize risks of flooding and erosion problems upstream and downstream of the project. • Explain potential temporary or permanent changes to the water flow or to the bed and banks of the waterbody. What will be done to minimize those changes? The proposed construction will only temporarily change the water flow during the excavation for the proposed culvert pipe and backfilling the trench. A small section of the creek channel under Red Wing Drive will be realigned and developed due to the removal of the culvert under Red Wing Drive and the abandonment of the road as shown in the attached plan sheets. As shown in the typical stream section on Sheet C4.1, the channel bottom will be 6.5 feet wide, with a 12-inch-deep gravel bottom with native undisturbed substrate. This channel realignment will create a bed and bank for the existing stream channel for that small section of stream that was previously directed through the culvert. • How will existing vegetation be protected and its removal minimized? Explain how the site will be revegetated. Include weed control plans. Clearing and grubbing will be limited to the area necessary for construction of the project. It is expected that the construction area will be a very small footprint, with minimal impacts to vegetation. Any impacted vegetation is expected to re-establish during the growing season. If not, a contractor will be hired to re-seed and revegetate as soon as practicable with desirable species as recommended by Gallatin County. D. CONSTRUCTION DETAILS 1. PROPOSED CONSTRUCTION DATES. Include a project timeline. Start date 2/1/2022 Finish date 2/2/2022 How long will it take to complete the project? One day Is any portion of the work already completed? ☐ Yes ☒ No (If yes, describe previously completed work.) Refer to section D1 in the instructions. Please note, the culvert extension and stream channel will not occur until the permits are in place and the dates will be weather-dependent, some grading adjacent to the project area and outside of the wetland and stream locations as weather permits. 2. PROJECT DIMENSIONS. Describe length and width of the project. Refer to section D2 in the instructions. The project proposes to install a CMP culvert extension, including a 34-feet long and 48-inch diameter CMP that connects to a 6-feet long and 60-inch diameter CMP at 1.88% as shown in the attached Plan Sheets for the Bozeman Trax – Culvert Extension project. The pipe will begin with a 48-inch diameter RCP FETS, and the length of FETS is not included. In addition, the project proposes to remove an existing 44-foot long, 36-inch diameter CMP culvert under Red Wing Drive. 3. EQUIPMENT. List all equipment that will be used for this project. How will the equipment be used on the bank and/or in the water? Note: All equipment used in the water must be clean, drained and dry. Refer to section D3 in the instructions. Standard construction equipment will be used. Equipment will likely include backhoes. The hired construction contractor will provide the equipment that will be used to construct the proposed project. Will equipment from out of state be used? YES ☒ NO ☐ UNKNOWN ☐ Will the equipment cross west over the continental divide to the project site? YES ☐ NO ☐ UNKNOWN ☒ Will equipment enter the Flathead Basin? YES ☐ NO ☒ UNKNOWN ☐ 4. MATERIALS. Provide the total quantity and source of materials proposed to be used or removed. Note: This may be modified during the permitting process therefore it is recommended you do not purchase materials until all permits are issued. List soil/fill type, cubic yards and source, culvert size, rip-rap size, any other materials to be used or removed on the project. Refer to section D4 in the instructions. Cubic yards/Linear feet Size and Type Source 1,292 cubic yards Native Native fill from cuts from adjacent development property (North Park Development, LLC) The CMP culverts that will be installed are 34-feet long and 48-inch diameter and 6-feet long and 60-inch diameter Most of the culvert will be under the railroad track bed and will begin with 48-inch diameter FETs as shown in Plan Sheet C2.1. E. REQUIRED ATTACHMENTS 1. PLANS AND/OR DRAWINGS of the proposed project. Include: • Plan/Aerial view • an elevation or cross section view • dimensions of the project (height, width, depth in feet) • location of storage or stockpile materials dimensions and location of fill or excavation sites • drainage facilities • location of existing/proposed structures, such as buildings, utilities, roads, or bridges • an arrow indicating north • Site photos 2. ATTACH A VICINITY MAP OR A SKETCH which includes: The water body where the project is located, roads, tributaries, other landmarks. Place an “X” on the project location. Provide written directions to the site. This is a plan view (looking at the project from above). 3. ATTACH ANNUAL PLAN OF OPERATION if requesting a Maintenance 310 Permit. N/A 4. ATTACH AQUATIC RESOURCE MAP. Document the location and boundary of all waters of the U.S. in the project vicinity, including wetlands and other special aquatic sites. Show the location of the ordinary high-water mark of streams or waterbodies. if requesting a Section 404 or Section 10 Permit. Ordinary high-water mark delineation included on plan or drawings and/or a separate wetland delineation. F. ADDITIONAL INFORMATION FOR U.S. ARMY CORPS OF ENGINEERS (USACE) SECTION 404, SECTION 10 AND FLOODPLAIN PERMITS. Section F should only be filled out by those needing Section 404, Section 10, and/or Floodplain permits. Applicants applying for Section 404 and/or Section 10 permits complete F 1- 8. Applicants applying for Floodplain permits, complete all of Section F. Refer to section F in the instructions. FOR QUESTIONS RELATING TO SECTION F, QUESTIONS 1-8 PLEASE CONTACT THE USACE BY TELEPHONE AT 406-441-1375 OR BY E-MAIL MONTANA.REG@USACE.ARMY.MIL. 1. Identify the specific Nationwide Permit(s) that you want to use to authorize the proposed activity. Refer to section F1 in the instructions. Nationwide Permit 14 – Linear Transportation 2. Provide the quantity of materials proposed to be used in waters of the United States. What is the length and width (or square footage or acreage) of impacts that are occurring within waters of the United States? How many cubic yards of fill material will be placed below the ordinary high-water mark, in a wetland, stream, or other waters of the United States? Note: Delineations are required of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Refer to section F2 in the instructions. As shown on plan sheet C2.1 of the attached plans, approximately 2,957 cubic yards of permanent fill will be placed in a wetland from the proposed siding track and culvert extension. The impacted wetlands are due to the installation of 34-feet long and 48-inch diameter CMP that connects to a 6-feet long and 60-inch diameter CMP with 48-inch diameter RCP FETS. An existing 44-foot long and 36-inch diameter CMP culvert that is under Red Wing Drive will be removed with abandonment of the road. 3. How will the proposed project avoid or minimize impacts to waters of the United States? Attach additional sheets if necessary. Refer to section F3 in the instructions. Complete avoidance of wetland impacts was unavoidable to meet the overall project purpose and operational characteristics of the railway. The proposed design incorporates minimization measures to the maximum extent practicable by incorporating the existing railroad bed into the design and by designing the side slopes to meet current standards and stay within the railroad right-of-way, while perpetuating Mandeville Creek connectivity. A shift in the rail siding design would not result in an appreciable difference in wetland impacts and would reduce the safety and operational characteristics of the railroad, and as such, were not considered practicable. The project will incorporate standard water quality BMP’s during construction. 4. Will the project impact greater than 0.10-acre of wetland and/or more than 300 linear feet of stream or other waters? If yes, describe how the applicant is going to compensate (mitigation bank, in-lieu fee program, or permittee responsible) for these unavoidable impacts to waters of the United States. Refer to section F4 in the instructions. No, this will permanently impact 0.067 acres of wetlands from a culvert extension under the proposed siding track and approximately 44 linear feet of stream will be realigned due to the removal of a 44-foot long CMP culvert under Red Wing Drive as shown on plan sheet C2.1 of the attached plans. 5. Is the activity proposed within any component of the National Wild and Scenic River System, or a river that has been officially designated by Congress as a “study river”? Refer to section F5 in the instructions. ☐ Yes ☒ No 6. Does this activity require permission from the USACE because it will alter or temporarily or permanently occupy or use a USACE authorized civil works project? (Examples include USACE owned levees, Fort Peck Dam, and others)? Refer to section F6 in the instructions. ☐ Yes ☒ No 7. List the ENDANGERED AND THREATENED SPECIES and CRITICAL HABITAT(s) that might be present in the project location. Refer to section F7 in the instructions. According to the MT Natural Heritage Program Map Viewer, there are no species listed as threatened, endangered, or candidate species that may occur within the project area, but the US Fish and Wildlife Service Information for Planning and Consultation identified two listed species that occur in Gallatin County. Because no suitable habitat occurs in the project area and lack of species observations in the project vicinity, the project will have No Effect on the Grizzly Bear, Canada Lynx or Monarch Butterfly. 8. List any HISTORIC PROPERTY(S) that are listed, determined to be eligible or are potentially eligible (over 50 years old) for listing on the National Register of Historic Places.” Refer to section F8 in the instructions. It is assumed that this project is exempt from SHPO requirements due to the nature of this project (i.e., culvert extension). 9. List all applicable local, state, and federal permits and indicate whether they were issued, waived, denied, or pending. Note: All required local, state, and federal permits, or proof of waiver must be issued prior to the issuance of a floodplain permit. Refer to section F9 in the instructions. 310 Permit 318 Authorization 10. List the NAMES AND ADDRESSES OF LANDOWNERS adjacent to the project site. This includes properties adjacent to and across from the project site. (Some floodplain communities require certified adjoining landowner lists). Below is the list of landowners that will be downstream of the planned culvert work (i.e., Mandeville Creek crosses through their property prior to discharging to the East Gallatin River. 11. NAME OF Adjacent Landowner: Woody Laurie Bates Rev Tr 27589 Frontage Rd Bozeman, MT 59715-8489 NAME OF Adjacent Landowner: Saunders Richard E & Anita L 27477 Frontage Rd Bozeman, MT 59715-8772 NAME OF Adjacent Landowner: Hall K Scott & Teresa C 27383 Frontage Rd Bozeman, MT 59715-8771 NAME OF Adjacent Landowner: Click here to enter name Click here to enter Address 12. Floodplain Map Number N/A Refer to section F11 in the instructions. 13. Does this project comply with local planning or zoning regulations? Refer to section F12 in the instructions. ☒ Yes ☐ No G. SIGNATURES/AUTHORIZATIONS Some agencies require original signatures. After completing the form, make the required number of copies and then sign each copy. Send the copies with original signatures and additional information required directly to each applicable agency. The statements contained in this application are true and correct. The applicant possess’ the authority to undertake the work described herein or is acting as the duly authorized agent of the landowner. The applicant understands that the granting of a permit does not include landowner permission to access land or construct a project. Inspections of the project site after notice by inspection authorities are hereby authorized. Refer to section G in the instructions. APPLICANT (Person responsible for project): LANDOWNER: Print Name: Click here to enter name. Print Name: Click here to enter name. ______________________________________ ______________________________________ Signature of Applicant Date Signature of Landowner Date *CONTRACTOR’S PRIMARY CONTACT (if applicable): Print Name: Click here to enter name. ________________________________________ Signature of Contractor/Agent Date *Contact agency to determine if contractor signature is required.