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HomeMy WebLinkAbout009_WR_TrackCSimkinsAddJointApp 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): 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: On Parcels Tract 1-B and 2-B (south of MRL railroad tracks); Parcel Tract 1B legal description: S36, T01 S, R05 E, C.O.S. 2153A, PARCEL TRACT 1-B, ACRES 52.82; Parcel Tract 2B legal description: S36, T01 S, R05 E, C.O.S. 2153A, PARCEL TRACT 2-B, ACRES 14.63 Nearest Town Bozeman County C Geocode: 06-0904-36-2-01-10-0000 NE1/4 of the NW 1/4 of, Section 36 Township 01 S, Range 05 E Latitude 45.711639 Longitude -111.055417 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 through the proposed project area and continues to flow north, 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. A stream crossing for the Proposed Track C is the project location where impacts will occur. Wetland 2 (WL-2) is located adjacent to Mandeville Creek from south of the MRL railroad tracks and the former Redwing Drive in Bozeman (see the attached November 2021 Wetland and Waterbody Assessment Report for North Park Development). It is a 1.9-acre depressional emergent, riverine wetland that includes narrow wetland herbaceous fringe along Mandeville Creek with rocky bottom. Wetland boundary generally follows creeping foxtail, red canary grass, red top, and lesser poverty rush. 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 – Track C Rail Extension project on Bozeman Trax Partners, LLC-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, a crossing culvert will be required for the Track C rail extension where it will cross Mandeville Creek. The rail extension will be used as a future loading and unloading area that is not included as part of this project, but in future planning. 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 crossing culvert for a rail extension is proposed for the Mandeville Creek crossing to maintain flows. The project proposes to install a 66’ long and 12’x7’ concrete box culvert, as shown in the attached Draft Bozeman Trax – Track C Rail Extension plan sheets, to maintain creek flows at the track crossing. The culvert will match the existing stream bed elevation and an approximate 1’ thick natural steam bed will be established in the culvert (see profile view on plan sheet C2.3). 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. In order for the rail spur to function as designed within the larger project area footprint and accommodate the city engineering requirements for the larger project development, this alternative is proposed to minimize impacts to Mandeville Creek and associated wetlands and maintain existing flows. 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 a small “holding pool”. The construction activity will likely be during low flows and short in duration to limit potential impacts. Following completion of construction, temporary fill will be entirely removed to an area that has no waters of the United States, dredged material will be returned to its original location, and the affected areas will be restored to pre-construction elevations and revegetated, as appropriate. • Will the project cause temporary or permanent impacts to fish and/or aquatic habitat? What will be done to protect the fisheries? Although the Montana Fish, Wildlife, and Parks FishMT database (accessed November 2021) did not identify any areas of fish distribution within the project area, and according to the MT Natural Heritage Program Map Viewer (accessed November 2021), there are no fish species of concern that have been documented within the project area, a meeting with MTFWP in December 2021 indicated there are known fish species that use Mandeville Creek. Therefore, the proposed project will have temporary sediment impacts that may impact aquatic habitat and downstream fisheries. As part of the larger development, Bozeman Trax is coordinating a project with Trout Unlimited for an expanded wetland and stream project to further support salmonid species. • 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 is not possible. The permanent impacts to the Likely Jurisdictional Wetlands are expected to be approximately 0.040 acres. There will be 0.009 acres of temporary wetland impacts. • What efforts will be made to decrease flooding potential upstream and downstream of project? The proposed 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. Because the construction activity will be performed in the winter during low-flow conditions, no flooding potential during construction is expected. • 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 re-direct the water flow during the excavation for the proposed culvert and backfilling the trench. The creek channel will maintain alignment, as shown on Sheet C1.5, and the culvert bottom will incorporate 1’deep of streambed material (gravel bottom with native substrate). • 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 3/1/2023 Finish date 3/30/2023 How long will it take to complete the project? One month 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 installation dates are approximate and any work adjacent to and in the stream channel are weather and contractor dependent and work activities will not occur until all required permits are in place. Some grading adjacent to the project area and outside of the wetland and stream locations may occur independent of the permits associated with this joint application. 2. PROJECT DIMENSIONS. Describe length and width of the project. Refer to section D2 in the instructions. The project proposes to install a 66’ long and 12’x7’ concrete box culvert for a railroad track extension as shown in the attached Plan Sheets for the Bozeman Trax – Track C Rail Extension project. In addition, there will be 30’ precast wing walls on both of the north sides of the culvert ends and the southeastern side of the culvert end, and a 60’ precast wing wall on the southwestern side of the culvert end. 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 553 cubic yards Native Native fill from cuts from adjacent development property The concrete culvert that will be installed is 66’ long and 12’wide by 7’ in height. Wing walls will be installed on both ends of the culvert. Most of the culvert will be under the stream bed to maintain the existing stream bed elevation. In addition, there will be approximately 1’ of thick natural stream bed material (gravel bottom with native substrate) in the culvert. 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 39 –Commercial and Institutional Developments; this is part of a phased project, with the initial phase being permitted and construction activities completed under NWO-2022-00136. An additional phase is being submitted under a separate application (North Park – West). 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 C1.5 of the attached plans, approximately 553 cubic yards of permanent fill will be placed in a WL-2 for the proposed Track C rail extension. The impacted wetlands are due to the installation of 66’long and 12’x7’ concrete box culvert with 30’ and 60’ wing walls on the culvert ends. 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 is unavoidable to meet the overall project purpose and operational characteristics of the rail spur. The proposed design incorporates minimization measures to the maximum extent practicable by maintaining the creek alignment and by designing the side slopes and wing walls to meet current standards, while perpetuating Mandeville Creek connectivity. A shift in the rail siding design was not feasible to maintain the safety and operational characteristics of the railroad and support the function of the rail spurs within the larger industrial and commercial complex that is in the larger development design. The project will incorporate standard water quality BMPs 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 0.040 acres of wetlands and 66 linear feet of stream. However, there were additional impacts from a previous projects associated with this larger common plan of development, so cumulatively the total acres of impact are 0.097 acres. An additional phase of the project (North Loop-West) will have further wetland impacts, so wetland mitigation will be required for the cumulative impacts; however, they will not exceed 0.5 acres. Because this project is the 2nd phase, the total cumulative impacts aren’t included in this application since they don’t exceed 0.1 acres, but will be addressed in the application associated with North Loop-West project. 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 three 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. SHPO consultation has not occurred – it is assumed this is performed by the federal agency. 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 (Pending) 318 Authorization (Pending) 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: Casey Tippens Print Name: Bozeman Trax, LLC ______________________________________ ______________________________________ 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.