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021 - Appendix S - Wetland Checklist and Submital
City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands Yes No NA 1 38.220.130. A.1 Does the proposed action affect federal, state, or city regulated wetlands, watercourses, and/or buffers within the city limits? Yes. An Approved Jurisdictional Determination (AJD) was received from USACE on April 4, 2025. The AJD identified Middle Creek Ditch, a lateral of Middle Creek Ditch, and Wetland A (as described in the wetland delineation report) as jurisdictional. A stormwater pond and an abandoned ditch lateral currently used to convey municipal stormwater were determined as non- jurisdictional. The proposed project impacts Wetland A and Middle Creek Ditch with a total of 0.49 acres of fill (culvert, road crossings, lot development). The stormwater pond and abandoned ditch lateral/stormwater swale will be relocated to accommodate road infrastructure (BMC 38.610.010). A Montana Joint Application was submitted to USACE, MT FWP, and the Gallatin Conservation District (GCD) on April 18, 2025. A copy of the application is attached. Note: If answer to item no. 1 is "no," then answer "NA" to the rest of this checklist Does the wetland and watercourse delineation report include the following: 2 38.220.130. A.1.a.1 Wetland and watercourse descriptions See Table 4 in SRX-II wetland delineation report. 3 38.220.130. A.1.a.2 MDT or DEQ Functional assessment See Appendix D of wetland delineation report. 4 38.220.130. A.1.a.3 Wetland types (e.g. Cowardin)See Table 4 in SRX-II Wetland delineation report. 5 38.220.130. A.1.a.4 Wetland acreages, by licensed surveyor See Table 4 SRX-II Wetland delineation report. 6 38.220.130. A.1.a.5 Maps with property boundaries, wetland and watercourse boundaries, and acreages See Appendix A in SRX-II Wetland delineation report. 7 38.220.130. A.1.a.6 USACE wetland data forms See Appendix B in SRX-II Wetland Delineation report. A summary of data is provided in Table 3 of the delineation report. Included in submittal? Checklist No. COB code reference Item Note(s) 2-2024 Created by Morrison-Maierle, Inc.V.1.0 City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands 8 38.220.130. A.2 Are activities planned in and/or adjacent to aquatic resources? Yes. The proposed project will provide access roads and utilities to three newly platted lots: Block 1 Lot 1, Block 2 Lot 1, and Block 2 Lot 2. Road alignments are driven by, and consistent with, the City of Bozeman's requirements. Construction will involve road and utility installation, as well as grading, with fill placement in jurisdictional wetlands and waterways, as determinied by the USACE's AJD of the property. Erosion and sediment control measures will be implemented to safeguard the preserved wetland and waterway areas. The complete project detail is described in the attached copy of the Montana Joint Application. Note: If answer to item no. 8 is "no" then answer "NA" to the remainder of this checklist 9 38.220.130. A.2.a Site plan including all boundaries, buffers, and infrastructure as defined in COB code See Wetland Impact exhibits (EX-1, EX-2, and EX-3). 10 38.220.130. A.2.a.1 Table of existing wetland functional ratings and acreage (in site plan) See EX-1. 11 38.220.130. A.2.a.1 Direct impacts to wetlands, waterways, and buffers highlighted in red in the site plan See Wetland Impact exhibits (EX-1, EX-2, and EX-3). 2-2024 Created by Morrison-Maierle, Inc.V.1.0 City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands 12 38.220.130. A.2.a.2 Indirect impacts to wetlands, waterways, and buffers summarized See copy of Montana Joint Application, submitted to USACE, MT FWP, and GCD. Indirect impacts may include changes in surface water flow patterns, slightly increased runoff volumes, and localized shifts in hydrology due to the addition of impervious surfaces. These changes could affect wetland function by reducing water retention or altering wetland boundaries over time if not properly managed. However, the project will manage stormwater in compliance with MTR100000 and is not expected to affect groundwater levels. Wetland-A is supported by a high water table and should remain hydrologically intact and unaffected by surface flow modifications following construction. Furthermore, the proposed work impacts only a portion of the wetland recently expanded due to municipal stormwater inputs. The majority of the wetland will be untouched by this subdivision. 13 38.220.130. A.2.b Mitigation map with table of mitigation wetland type, size, and functional unit gain Mitigation credits will be purchased through the Upper Missouri Mitigation Bank. The number of credits is to be determined by USACE as they process the 404 permit application. 14 38.220.130. A.2.c Source, type, transport and disposal method of any fill material to be used, including certification that placement of fill See attached copy of the Montana Joint Application for the project. Also on EX-1. 15 38.220.130. A.2.d.1 CWA 404 and/or 401 permit(s)A Montana Joint Application was submitted to USACE on April 18, 2025. See copy of the Montana Joint Application for the project. 16 38.220.130. A.2.d.2 MT 310 permit(s)A Montana Joint Application was submitted to the Gallatin Conservation District on April 18, 2025. See copy of the Montana Joint Application for the project. 17 38.220.130. A.2.d.3 Floodplain determination(s)The project is located outside of the 100-year floodplain. 2-2024 Created by Morrison-Maierle, Inc.V.1.0 City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands 18 38.220.130. A.2.d.4 Any other required state/federal wetland permit(s) (See Required Permits) A Montana Joint Application for a 318 Authorization was submitted to MT Fish, Wildlife & Parks on April 18, 2025. See attached copy of the Montana Joint Application for the project. The construction contractor shall be responsible to comply with the Montana stormwater Construction General Permit (CGP). 19 38.220.130. A.2.d.5 USACE jurisdictional determination(s)The AJD for the project area was received from USACE on April 4, 2025. See attached. 20 38.220.130. A.2.d.6 Joint application See attached copy of the Montana Joint Application for the project. 21 38.220.130. A.3 Will wetland(s) and/or waterway(s) be impacted?Yes. See attached copy of the Montana Joint Application for the project. 22 38.220.130. A.3 Is federal permitting required?Yes. A Montana Joint Application was submitted to USACE on April 18, 2025 after receipt of the AJD for the property on April 4, 2025. See attached copy of the Montana Joint Application for the project and the AJD. Note: If the answer to checklist no. 21 and 22 is "yes" then complete the remainder of this checklist Does the descriptive narrative* include the following: 23 38.220.130. A.3.a.1 Name and contact information of the applicant See attached copy of the Montana Joint Application for the project. 24 38.220.130. A.3.a.1 Name, qualifications, and contact information for the primary author of the compensatory mitigation report Mitigation credits will be purchased through the Upper Missouri Mitigation Bank. The number of credits is to be determined by USACE as they process the 404 permit application. 25 38.220.130. A.3.a.1 Description of the proposal See attached copy of the Montana Joint Application for the project. 26 38.220.130. A.3.a.1 Summary of the direct and indirect impacts See attached copy of the Montana Joint Application for the project. 2-2024 Created by Morrison-Maierle, Inc.V.1.0 City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands 27 38.220.130. A.3.a.1 Proposed mitigation concept See attached copy of the Montana Joint Application for the project. Mitigation credits will be purchased through the Upper Missouri Mitigation Bank. The number of credits is to be determined by USACE as they process the 404 permit application. The majority of the wetland will be untouched by this subdivision (see exhibit EX-1). 28 38.220.130. A.3.a.1 Identification of all the local, state, and federal wetland/stream-related permits required for the project 404 (USACE), 310 (GCD), 318 (FWP). See attached copy of the Montana Joint Application for the project. 29 38.220.130. A.3.a.1 A vicinity map of the project See Appendix A of the delineation report. 30 38.220.130. A.3.a.2 Description of the existing wetland and/or watercourse and/or buffer areas that will be impacted See the wetland delineation report and the attached copy of the Montana Joint Application for the project. 31 38.220.130. A.3.a.2 Dominant vegetation See the wetland delineation report (Section 4.3.2). 32 38.220.130. A.3.a.2 Functional assessment(s)See Appendix D of the wetland delineation report. 33 38.220.130. A.3.a.2 Wetland ratings for the entire wetland and the portions proposed to be impacted See the wetland delineation report, and Appendix D of the report. 2-2024 Created by Morrison-Maierle, Inc.V.1.0 City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands 34 38.220.130. A.3.a.3 Change to wetland hydroperiod assessment The proposed development will introduce new impervious surfaces that may alter surface water flow patterns and increase runoff volumes. These changes could result in minor shifts to the wetland’s hydroperiod, particularly in areas receiving redirected stormwater. However, Wetland-A is primarily supported by a high water table and is expected to remain hydrologically intact following construction. The area proposed for fill is located in a portion of the wetland that expanded in recent years due to artificial inputs from municipal stormwater routed to an adjacent detention pond. As such, while localized surface flow patterns may change, overall hydroperiod impacts are expected to be minimal and confined to the area of impact (the artificially influenced fringe of the wetland). The majority of the wetland will be untouched by this subdivision (EX-1). 35 38.220.130. A.3.a.4 Description of proposed conceptual mitigation, including specifications for/of impacts and map Mitigation credits will be purchased through the Upper Missouri Mitigation Bank. The number of credits is to be determined by USACE as they process the 404 permit application. The majority of the wetland will be untouched by this subdivision (see exhibit EX-1). 36 38.220.130. A.3.a.5 Assessment of existing conditions See the wetland delineation report. 37 38.220.130. A.3.a.6 Soil field data and discussion of future hydrology and soil conditions See the wetland delineation report, specifically Section 4.3.3. and Table 3. The future hydrology and soil conditions in the majority of the wetland are expected to be maintained at their current level as most of the wetland is untouched by this subdivision (EX-1). The area of the wetland scheduled for impact (0.49 acres) will be permanently converted to non-wetland in order to achieve project goals. 38 38.220.130. A.3.a.7 Planting schedule NA. No on-site mitigation is planned. 2-2024 Created by Morrison-Maierle, Inc.V.1.0 City of Bozeman Required Submittal Materials for Regulated Activitites in Wetlands 39 38.220.130. A.3.a.7 Do native species comprise ≥80% of planned species?NA. No on-site mitigation is planned. 40 38.220.130. A.3.a.8 Is mitigation monitoring required for ≥ three years?NA. No on-site mitigation is planned. 41 38.220.130. A.3.a.8 Does the mitigation plan specify responsibility for invasive vegetation control?NA. No on-site mitigation is planned. 42 38.220.130. A.3.a.9 Wetland mitigation performance criteria NA. No on-site mitigation is planned. 43 38.220.130. A.3.a.9 Monitoring schedule NA. No on-site mitigation is planned. 44 38.220.130. A.3.a.9 Reporting requirements to the COB NA. No on-site mitigation is planned. 45 38.220.130. A.3.a.9 Maintenance schedule and actions NA. No on-site mitigation is planned. 46 38.220.130. A.3.a.10 Contingency plans NA. No on-site mitigation is planned. 47 38.610.080. A.1 Meets review standard for avoidance/minimization of wetland impacts NA. No on-site mitigation is planned. 48 38.610.080. A.2 Meets review standard for no impact to T&E or MT species of concern NA. No on-site mitigation is planned. 49 38.610.080. A.3 Meets review standard for project benefitting public interest NA. No on-site mitigation is planned. 50 38.610.090. A.4 Discussion of proposed deed restrictions or covenants regarding open space and/or vegetation removal NA. No on-site mitigation is planned. 51 38.610.090. A.12 Disucssion of proposed deed restriction(s) to protect water resources, mitigation, and/or buffer area(s) in perpetuity NA. No on-site mitigation is planned. 52 38.610.090 Discussion of any other relevant wetland permit conditions in Section 38.610.090 NA Does the scaled plan sheet(s) for compensatory mitigation contain: 53 38.220.130. A.3.b.1 Boundaries of existing wetlands, proposed impacts, and proposed mitigation NA. No on-site mitigation is planned. 54 38.220.130. A.3.b.2 If grading is proposed, then surveyed topography at 1-2 foot contour intervals NA. No on-site mitigation is planned. 55 38.220.130. A.3.b.2 Cross sections of wetland(s) and/or buffer area(s) of existing conditions and proposed mitigation NA. No on-site mitigation is planned. 56 38.220.130. A.3.b.3 Required wetland buffer(s)NA. No on-site mitigation is planned. 57 38.220.130. A.3.c Discussion of ongoing management practices NA. No on-site mitigation is planned. Applicable? 1.NA 2.Yes 3.Yes 4.NA 5.Yes 6.NA 7.Yes 8.NA 9.NAMontana Water Use Act (water right permit and change authorization) Wetland Review Checklist Required Permits Federal Clean Water Act (404) Federal Rivers and Harbors Act (Section 10) Short-term Water Quality Standards for Turbidity (318 authorization) Montana Land-Use License or Easement on Navigable Waters Montana Stream Protection Act (SPA 124) Stormwater discharge general permit (DEQ) Montana Natural Streambed and Land Preservation Act (310) Montana Floodplain and Floodway Management Act (floodplain development permit) 2-2024 Created by Morrison-Maierle, Inc.V.1.0 Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 1 CD/Agency Use Only Application Number: Date Received: Stream or Waterbody: Date Accepted: Initials: Date Forwarded to FWP: This section is for all Department of Transportation and SPA 124 Permits (government projects) Project Name: Control Number: Contract Letting Date: MEPA/NEPA Compliance: ☐Yes ☐No If yes, #C5 of this application does not apply. Applicant Use This is a standardized application to apply for one or all local, state, or federal permits listed below. Check the box(s) for each permit being applied for. • Refer to the instructions to determine which permits apply to your project and submit an application to each applicable agency. • Incomplete applications will result in a delay of application processing. • The applicant is responsible for obtaining all necessary permits and landowner permission before beginning work. • Other laws may apply. Permit Agency Required Application Sections: Fee ☒ NSLPA 310 Permit Local Conservation District A-E and G No fee ☐ SPA 124 Permit Department of Fish, Wildlife & Parks (FWP) A-E and G No fee ☒ 318 Authorization 401 Certification Department of Environmental Quality (DEQ) A-E and G $250 (318); $400-$20,000 (401) ☐ Navigable Rivers Land Use License, Lease, or Easement Department of Natural Resources and Conservation (DNRC), Trust Lands Management Division A-E and G $50, plus additional fee ☒ Section 404 Permit, Section 10 Permit U.S. Army Corps of Engineers (USACE) A-G and F1-10 Varied ($0-$100) ☐ Floodplain Permit Local Floodplain Administrator A-G Varied ($25-$500+) Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 2 A. APPLICANT INFORMATION APPLICANT (party responsible for project) Providence Development, Parker Lange Has the landowner consented to the project? ☐ Yes ☐ No Mailing Address: 1450 Twin Lakes Ave., Ste. 201 City, State: Bozeman, MT Zip: 59718 Physical Address: Same as above City, State: Same as above Zip: Same as above Daytime Phone: 406-595-4560 Email: plange@providencedevco.com LANDOWNER NAME (if different from applicant) Landowner is applicant Mailing Address: NA City, State: NA Zip: NA Physical Address: NA City, State: NA Zip: NA Daytime Phone: NA Email: NA CONTRACTOR/COMPANY NAME (if applicable) Morrison-Maierle, Faith Doty Mailing Address: 2880 Technology Blvd. W City, State: Bozeman, MT Zip: 59718 Physical Address: Same as above City, State: Same as above Zip: Same as above Daytime Phone: 406-922-6772 Email: fdoty@m-m.net B. PROJECT SITE INFORMATION Refer to section B1 of the instructions 1. NAME OF STREAM OR WATERBODY at project location: Middle Creek stream/ditch Project Address/Location: Northeast of Graf and 19th Ave. Intersection Nearest Town: Bozeman County: Gallatin Geocode: 06-0798-24-2-01-04-0000, 06-0798-24-2-01-10-0000, 06-0798-24-2-01- 14-0000, and 06-0798-24-2-01-16-6500 Township: 2S Range: 5E Section: 24 ¼ Section: ¼ Section: Latitude: 45.65094607776338 Longitude: -111.05922011981143 Driving directions or other instructions needed for finding the site: From the intersection of Main Street and 19th, head south. Turn left onto W Graf street after approximately 2 miles. The project will be on your immediate left. Refer to section B2 of 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 B3 of the instructions 3. Is this a STATE NAVIGABLE WATERWAY? The state owns the beds of certain navigable waterways. ☐ Yes ☒ No If yes, send a copy of this application to the appropriate DNRC land office. Refer to section B4 of the instructions 4. WHAT IS THE CURRENT CONDITION of the proposed project site? What vegetation is present? Describe the existing bank condition, bank slope, height, nearby structures, and wetlands. Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 3 The 35-acre project site was formerly used for agriculture, including hay and cereal crop production. Currently, the property is left fallow as the surrounding area is developed for residential uses. Two large soil stockpiles are positioned in the middle of the property. Morrison-Maierle conducted a wetland delineation of the project area in 2023 and a re-delineation in 2024 to confirm findings, as requested by USACE. Morrison-Maierle also commissioned a third-party review of the delineation and project area due to the complex nature of the site. This review confirmed Morrison-Maierle’s findings. The property is bordered on the west by Middle Creek stream/ditch and on the east by an abandoned ditch lateral currently used for stormwater conveyance. A stormwater detention pond in the south-central portion of the property collects runoff from Graf Street and nearby developments. A large wetland that borders the headwaters of Mandeville Creek (which begins off the property, to the north) covers the northern-central area of the property. The following aquatic features received an Approved Jurisidctional Determination (AJD) from USACE in April 2025: - 4.94 acres PEM USACE jurisdictional wetlands - 0.16 acres PEM USACE non-jurisdictional wetlands - 627.2 linear feet of Middle Creek stream/ditch (OHWM) - 214.5 linear feet of a ditch lateral (OHWM) - 0.07 acre stormwater detention pond The wetland delineation report and Approved JD from USACE are attached to this application. Dominant vegetation within wetland areas include meadow foxtail, Nebraska sedge, broad leaved cattail, Kentucky bluegrass, Baltic rush, and slender sedge. Upland plant species include meadow foxtail, smooth brome, Kentucky bluegrass, Western wheatgrass, field Timothy, green bristlegrass, and scarlet pimpernel. Middle Creek stream/ditch borders the western edge of the property, flowing north. The Gallatin Conservation District classified this waterway as a “stream/ditch” in 2022. A riparian, non-wetland, area borders the ditch on either side. C. PROJECT ACTIVITY INFORMATION Refer to section C1 of the instructions 1. TYPE OF PROJECT (check all that apply) ☐ 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. Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 4 ☒ Crossing/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 activities including, Placer Mining, Aggregate Mining, etc. ☐ Recreation Related Projects: Boat Ramps, Docks, Marinas, etc. ☐ Other Projects: Cisterns, Debris Removal, Excavation/Pit/Pond, Placement of Fill, Drilling or Directional Boring, Utilities, Wetland Alteration. Any other project type not listed here. Refer to section C2 of the instructions 2. Is this application for an ANNUAL MAINTENANCE PERMIT? ☐ Yes ☒ No If yes, attach an annual plan of operations to this application Refer to section C3 of the instructions 3. Why is this project necessary? State the PURPOSE OR GOAL of the proposed project. The proposed project will provide access roads and utilities to three newly platted lots: Block 1 Lot 1, Block 2 Lot 1, and Block 2 Lot 2. Road alignments are consistent with the City of Bozeman's requirements. Construction will involve road and utility installation, as well as grading, with fill placement in wetlands and waterways, as determined by the USACE's AJD of the property. Erosion and sediment control measures will be implemented to safeguard the protected/non-impact wetland and waterway areas. Refer to section C4 of the Instructions 4. Provide a brief description of the PROPOSED PROJECT PLAN and how it will be accomplished. The SRX-II development will construct local roads and utilities to serve three newly platted lots: Block 1 Lot 1, Block 2 Lot 1, and Block 2 Lot 2. Block 1 Lot 1, zoned B2-M (Community Business), has no proposed development at this time. Block 2 Lots 1 and 2 are zoned REMU (Residential Mixed Use); Lot 1 is anticipated to support multifamily housing, and Lot 2 is planned for affordable housing. One of the local roads, Staudaher Street, will cross Middle Creek stream/ditch using a culvert designed to maintain unimpeded flow. The road crossing and culvert installation are scheduled for fall 2025, when flows are typically low or absent. If water is present at the time of construction, the project will temporarily divert flow to minimize sedimentation and turbidity within the channel. Development of Staudaher Street and Lot 1 requires impacting the southern part of the large wetland on the property. The northern half of the SRX-II property, which contains the majority of the delineated wetland area, lies within a restricted lot and will not be developed under current plans. Refer to section C5 of the instructions 5. What OTHER ALTERNATIVES were considered to accomplish the stated purpose of the objective? Why was the proposed alternative selected? A No Action Alternative was considered. Under this alternative, the applicant would not construct access roads or prepare Lot 1 for future development. As a result, no fill would be placed in wetlands and Middle Creek stream/ditch and no disturbance would occur within the Middle Creek stream/ditch corridor. However, this Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 5 alternative would prevent development of Lot 1, which is designated for residential use and planned to include an affordable housing apartment building. The City of Bozeman requires the proposed road alignment to serve this and surrounding parcels, consistent with the area's subdivision and transportation plans. Without road construction, Lot 1 would remain inaccessible and undeveloped. The No Action Alternative would limit the site's potential to contribute to local housing goals, particularly efforts to address Bozeman’s shortage of affordable housing. It would also conflict with the City’s infrastructure planning and broader land use objectives for this part of town. Refer to section C6 of the instructions 6. What are the NATURAL RESOURCE BENEFITS or POTENTIAL IMPACTS? Please complete the information requested below to the best of your ability: 6a. Explain any temporary or permanent changes in erosion, sedimentation, turbidity, or increases of potential contaminants. What will be done to minimize impacts? The construction of the road crossing of Middle Creek ditch/stream will likely temporarily increase the localized sedimentation and turbidity within the waterway. These impacts are driven by the necessary excavation and construction activities and are short-term by design. The required alignment of Staudaher Street requires the crossing of the waterway to provide access via S. 19th Ave. To reduce impacts, the project design minimizes work within the bed and banks of the stream/ditch to only that required for the road crossing. The road crossing and culvert installation are scheduled for fall 2025, when flows are typically low or absent. If water is present at the time of construction, the project will temporarily divert flow to minimize sedimentation and turbidity within the channel. The diversion will be removed when in-stream work is complete and the area is stabilized. To further minimize impacts, several BMPs will be employed during construction. These include the installation of temporary erosion and sediment controls such as silt fencing, sediment barriers, and stabilized stormwater outfalls to prevent sediment-laden runoff from reaching the ditch/stream. The construction contractor shall fence off wetland areas not to be impacted with high-visibility silt fence to prevent accidental disturbance. Contractors shall conduct their work in such a manner that all soil, fuels, oils, bituminous materials, chemicals, and other harmful materials are confined within the project limits and prevent waste from entering the waterway. The contractor will also be responsible to comply with the Construction Stormwater General Permit (MTR1000000). Upon completion, disturbed areas not planned for future development will be restored to pre-construction conditions. All disturbed areas will be seeded to stabilize the soil, promote long-term vegetative cover, and prevent the establishment of noxious weeds. 6b. Will the project cause temporary or permanent impacts to fish and/or aquatic habitat? What will be done to protect the fisheries and habitat? Construction activities may cause temporary, short-term impacts to fish and aquatic habitat within Middle Creek stream/ditch, primarily due to potential increased sedimentation from earth-disturbing activities. To minimize these impacts, the project incorporates sediment and erosion control BMPs, including silt fences and stabilized stormwater outfalls, to filter sediment and slow runoff. After construction, all disturbed areas will be seeded to stabilize soils and reduce long-term erosion. The culvert is designed with an appropriate length to ensure safe and effective fish passage, maintaining the integrity of aquatic habitat throughout the project area. Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 6 Work within the channel is scheduled for fall 2025, when flows are typically low or absent. If water is present at the time of construction, the project will temporarily divert flow to minimize sedimentation and turbidity within the channel. 6c. What will be done to minimize temporary or permanent impacts to the floodplain, wetlands, or riparian habitat? Disturbance to Middle Creek ditch/stream will be temporary with the exception of the culvert and road crossing. The project is not within a mapped floodplain (FEMA 2025); no permanent impacts to the floodplain will occur. After construction, all disturbed areas outside of the road area will be seeded to minimize impact to Middle Creek ditch/stream. The project will remove as few trees and shrubs as practicable while still ensuring project success. Wetland and riparian areas not to be disturbed will be flagged or fenced off with high-visibility silt fence to prevent accidental impacts. 6d. What efforts will be made to decrease flooding potential upstream and downstream of the project? The project is not within a FEMA designated floodplain. No permanent impacts to the local floodplain will occur. The proposed culvert and road crossing of Middle Creek ditch/stream will accommodate existing flow conditions and reduce obstruction, allowing for the existing flow of water through the channel. 6e. Explain any 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 project will result in minor, permanent changes to the bed and banks of Middle Creek stream/ditch at the proposed culvert crossing. These changes are limited to the installation of the culvert and associated bank grading. To minimize impacts, the culvert is designed to maintain existing flow patterns and convey anticipated stormwater volumes. Construction will follow best management practices to reduce erosion, stabilize disturbed banks, and protect downstream conditions. No other permanent or temporary changes to water flow are anticipated. 6f. How will existing vegetation be protected and its removal minimized? Explain how the site will be revegetated, including weed control plans. The project will minimize vegetation removal by limiting ground disturbance to the footprint necessary for road construction, utility installation, and grading. Construction fencing will clearly demarcate work limits to protect adjacent vegetation (e.g. high-vis silt fence), especially near the wetland and along Middle Creek stream/ditch. Where removal is unavoidable, disturbed areas not planned for future development will be restored to pre- construction conditions. All disturbed areas will be seeded to stabilize the soil, promote long-term vegetative cover, and prevent the establishment of noxious weeds D. CONSTRUCTION DETAILS Refer to section D1 of the instructions 1. Proposed CONSTRUCTION DATES: Start: Jun-2, 2025 End: Nov-26, 2025 Is any portion of the work already completed? ☐ Yes ☒ No If yes, please describe previously completed work: Refer to section D2 of the instructions 2. PROJECT DIMENSIONS. Describe the length and width of the project. Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 7 The proposed project will impact 0.48 acres of wetlands and 374 SF (0.01 acre) of Middle Creek stream/ditch. The dimensions of the road, lots, and utility lines are provided on the attached exhibits. Refer to section D3 of the instructions 3. 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 that you do not purchase materials until all permits are issued. List soil/fill type, cubic yards and source, culvert size, rip-rap size, and any other materials to be used or removed on the project. Cubic yards/ Linear Feet Size and Type Source Wetland a) +943.0 CY b) -782.3 CY c) +649.5 CY d) +43.8 CY e) +93.2 CY Middle Creek ditch/stream 1) +8.6 CY 2) -5.8 CY 3) +11.7 CY 4) +1.3 CY 5) 74 LF Wetland a) Native fill b) Native cut c) Roadway gravels d) Concrete e) Asphalt Middle Creek ditch/stream 1) Native fill 2) Native cut 3) Roadway gravels 4) Concrete 5) Asphalt 6) 51” x 31” RCP culvert Wetland a) Sourced on-site b) NA c) TMC gravel pit, or as determined by Contractor d-e) As determined by Contractor Middle Creek ditch/stream 1) Sourced on-site 2) NA 3) TMC gravel pit, or as determined by Contractor 4-6) As determined by Contractor Refer to section D4 of the Instructions 4. 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 CLEANED, DRAINED, AND DRY. Construction activities will use standard heavy equipment, including excavators, bulldozers, loaders, and dump trucks, to complete earthmoving, grading, and utility trenching. A compactor and motor grader may also be used to prepare roadbeds. 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 E. REQUIRED ATTACHMENTS 1. Plans and/or drawings of the proposed project should include: a. Plan/Aerial View Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 8 b. An elevation or cross-section view c. Dimensions of the project (height, width, depth in linear feet) d. Location of storage stockpile materials and location of fill or excavation sites e. Drainage facilities f. Location of existing/proposed structures, such as buildings, utilities, roads or, bridges g. An arrow indicating north h. Site photos 2. Attach a vicinity map or a sketch, which includes: The water body where the project is located, roads, tributaries, and other landmarks. Plan an "X" on the project location. Provide written directions to the site. This is a plan view (looking at the project from above). 3. If requesting a Maintenance 310 Permit, attach an Annual Plan of Operation. 4. Attach an Aquatic Resource Map, which documents the location and boundary of all waters of the U.S. in the project vicinity and includes 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. Include the ordinary high-water mark delineation on plans or drawings and/or a separate wetland delineation. F. ADDITIONAL INFORMATION FOR US ARMY CORPS OF ENGINEERS (USACE) SECTION 404, SECTION 10, AND FLOODPLAIN PERMITS Refer to section F of the instructions 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 must complete questions F1-10. For questions on Section 404 and/or Section 10 permits, contact the USACE by telephone at 406-441-1375 or by email at montana.reg@usace.army.mil. Applicants applying for Floodplain permits must complete all of Section F. Refer to section F1 of the instructions 1. Does the proposed activity and/or property have permitting history with USACE? If yes, and available, provide the USACE project number(s) associated with the previous permits, including no permit required letters and approved jurisdictional determinations. NWO-2023-00853-MT Refer to section F2 of the instructions 2. Identify the specific Nationwide Permit(s) that you want to use to authorize the proposed activity. No. 29 – Residential Developments. Refer to section F3 of the instructions 3. Provide the footprint of impacts and the quantity of materials proposed to be placed in wetlands and/or below the ordinary high-water mark in waters of the United States. Delineations are required of wetland and other special Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 9 aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. 3a. What is the length and width (or square footage/acreage) for each impact occurring within the waters of the United States, including wetlands? -0.48 acres (21,122 SF) of jurisdictional PEM wetland -0.01 acres (374 SF) of Middle creek ditch/stream 3b. 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? Refer to section F4 of the instructions Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 10 4. How will the proposed project avoid or minimize impacts to waters of the United States? Attach additional sheets if necessary. The construction of the road crossing of Middle Creek ditch/stream may temporarily increase the localized sedimentation and turbidity of the waterbody at the project site. These impacts are driven by the necessary excavation and construction activities and are short-term by design. The required alignment of Staudaher Street requires crossing at this proposed location. The road crossing and culvert installation are scheduled for fall 2025, when flows are typically low or absent. If water is present at the time of construction, the project will temporarily divert flow to minimize sedimentation and turbidity within the channel. The diversion will be removed when in-stream work is complete and the area is stabilized. To further minimize impacts, several BMPs will be employed during construction. These include the installation of temporary erosion and sediment controls such as silt fencing, sediment barriers, and stabilized stormwater outfalls to prevent sediment-laden runoff from reaching the creek. Contractors shall conduct their work in such a manner that all soil, fuels, oils, bituminous materials, chemicals, and other harmful materials are confined within the project limits and prevent waste from entering the waterway. The contractor will also be responsible to comply with the Construction Stormwater General Permit (MTR1000000). Upon completion, the site will be restored to pre-construction conditions. All disturbed areas will be seeded to stabilize the soil, promote long-term vegetative cover, and prevent the establishment of noxious weeds. Refer to section F5 of the instructions 5. Will the project impact(s) be equal to or greater than 0.10 acre of wetland and/or 0.03 acre 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. Yes. The applicate will purchase credits through the Upper Missouri Mitigation Bank, an authorized USACE stream and wetland mitigation bank. Initation of the transaction will occur pending receipt of this 404 permit from USACE. David Patrick, the primary contact with the mitigation bank, stated that credits were available for purchase in an April 2025 email. Refer to section F6 of the instructions 6. Is the proposed activity within any component of the National Wild and Scenic Rivers System, or a river that has been officially designated by Congress as a “study river?” ☐ Yes ☒ No Refer to section F7 of the instructions 7. 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). ☐ Yes ☒ No Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 11 Refer to section F8 of the instructions 8.List the ENDANGERED AND THREATENED SPECIES and CRITICAL HABITAT(S) that might be present in the project location. The U.S. Fish & Wildlife Service’s Information for Planning and Consulting (IPaC) tool lists the following species as potentially present at the project area: -Canda lynx (Threatened) -Grizzly bear (Threatened) -Monarch butterfly (Proposed Threatened) -Suckley’s Cuckoo Bumble Bee (Proposed Endangered) The project area does not contain critical habitat for any of these species. As the project is situated within the town of Bozeman (population ~57,000) it is extremely unlikely that Canda lynx and/or grizzly bear would pass through or near the project area. These species prefer remote and undisturbed landscapes far from human presence and are therefore unlikely to habituate the project area. The project footprint is small, previously disturbed, adjacent to residences, businesses, and transportation networks. Individuals of these species that may be in the area will likely avoid the town of Bozeman and the project area due to noise and human activity. Individual monarch butterflies may pass through the project area; however, no milkweed populations, the preferred habitat of the monarch butterfly, were documented within the project area. Suckley’s cuckoo bumblebee is unlikely to be present in the project area due to its proximity to urban infrastructure (MNHP 2025). There is possibility that individuals may pass through the project area on occasion, however there is more suitable and preferable habitat within 10 miles of the project area. The IPaC report is attached to this application. Refer to section F9 of the instructions 9. 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. SHPO request submitted on 4/15/2025 identified that the project will impact Middle Creek Ditch, which has been determined eligible for the National Register of Historic Places. See attached documentation. The applicant previously commissioned Hope Archaeology to assess Middle Creek Ditch at the property immediately south of this project site. The CU-R Form (10/2023) from that investigation is attached to this application. Refer to section F10 of the instructions 10. 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, or proof of waiver must be issued prior to the issuance of a floodplain permit. -404, USACE (pending) -310, Gallatin Conservation District (pending) Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and Other Waterbodies Version: 11/15/2024 https://dnrc.mt.gov/Licenses-and-Permits/Stream-Permitting/ Page 12 -318 FWP (pending) Refer to section F10 of the instructions 11. List the NAMES AND ADDRESS OF LANDOWNERS adjacent to the project site. This includes properties to and across from the project site. Note: Some floodplain communities require certified adjoining landowner lists. NAME/ADDRESS OF Adjacent Landowner: NA – no floodplain permit required NAME/ADDRESS OF Adjacent Landowner: NAME/ADDRESS OF Adjacent Landowner: NAME/ADDRESS OF Adjacent Landowner: Refer to section F11 of the instructions 12. Floodplain Map Number: 30031C0848E, effective April 21, 2021 Refer to section F11 of the instructions 13. Does this project comply with local planning or zoning regulations? ☒ Yes ☐ No SD SD SD SD SD SDDDD DDSDSDSDSDSDD SD SD SD SD SD SD SD SD SD SD SD SD SD DSDDSD SD DDDLOT 17.45 acs.LOT 16.84 acs.LOT 21.74 acs.BPBPBPBPBP BPBPBPBPBPFTV TVE I IIII SDSDSP P WCOTV TVII ISPP SDMW XXXXXXXXXXXXXXXXXXXXXX XXXXXX XXCOSS XX XXMW MW MW MW MW MWMW MWMWSDSDBPBPBPBPBPBPBPBPBPWSSSSSSSDSDSD NG NG NGNGNGNGNG SS4980497549754970497049654965496049654965497 0 4970497049704970496549704975498049854 9 8 0 49804975497049704975498049804970497549704970497549754975498049804980498049 8 04980 496549704975497549 80 4980497549708W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W 8W DYH DYHDYH DYH8W 8W 8W 8W 8W 8WWSFIREFIREWSWSFIREFIREWSWSWS DYH WSWSWS18S 18S 18S 18S 18S 18S 18S 18S 18S 18S 18S18S10S10S10S10S8S8S8S8S8S8S8SSSSSSSSS SSSS S 8S 8S 8S 8S 8S 8SS S10S10S10S10S10S10S10S10S10S10S10S10S10S10SSSS FIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, 2025Plotted by rosie nickelson on Jun/4/2025engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netN:\5659\021 - SWX North Pre-Plat\ACAD\Exhibits\5659.023_Wetland Impacts Exhibit.dwg 5659.023EX-1SOUTH RANGE CROSSING SUBDIVISION - NORTH BOZEMANMONTANAWETLAND IMPACTSRSNCMSMEE6/2025S 15TH AVE W ARNOLD ST (FUTURE)S 19TH AVE STAUDAHER STW GRAF STS 17TH AVE100200501000SCALE IN FEETSTREAM-DITCH IMPACTSSEE DETAIL WETLAND IMPACTSLOCATION 1SEE DETAIL1EX-2STORM POND(NON JURISDICTIONAL)SRX-NORTH WETLAND AREA IMPACTSLOCATIONAREALOCATION 121,122 SF (0.48 ac.)SRX-NORTH WETLAND VOLUME IMPACTSMATERIALLOCATION 1NATIVE FILL(SOURCED ON SITE)25,461 CUBIC FEETNATIVE CUT21,122 CUBIC FEETROADWAY GRAVELS(SOURCED FROM GRAVEL PIT)17,538 CUBIC FEETCONCRETE(SIDEWALK, CURB ANDGUTTER)1,185 CUBIC FEETASPHALT2,516 CUBIC FEETSRX-NORTH WATERWAY AREA IMPACTSLOCATIONAREAS 19TH STREAM DITCH374 SF (0.01 ac.)SRX-NORTH WATERWAY VOLUME IMPACTSMATERIALS 19THSTREAM-DITCHNATIVE FILL(SOURCED ON SITE)232 CUBIC FEETNATIVE CUT157 CUBIC FEETROADWAY GRAVELS(SOURCED FROM GRAVEL PIT)315 CUBIC FEETCONCRETE(SIDEWALK, CURB ANDGUTTER)45 CUBIC FEETASPHALT35 CUBIC FEET51" X 31" RCP ARCH CULVERT74 LINEAR FEET30' WETLAND OFFSET50' WETLAND OFFSETEASTERN CHANNEL(NON JURISDICTIONAL)RESTRICTED LOT1EX-3TEMPORARYSTORMWATERPONDTEMPORARYSTORMWATERPONDBUFFER 1 IMPACTS (N 17TH & STAUDAHER)MATERIAL30' BUFFER ZONE(0.148 ac.)50' BUFFER ZONE(0.141 ac.)NATIVE FILL (SOURCED ONSITE)9,878 CUBIC FEET6,328 CUBIC FEETNATIVE CUT15 CUBIC FEET5 CUBIC FEETROADWAY GRAVELS(SOURCED FROM GRAVEL PIT)146 CUBIC FEET5,012 CUBIC FEETCONCRETE(SIDEWALK, CURB ANDGUTTER)184 CUBIC FEET23 CUBIC FEETASPHALT24 CUBIC FEET835 CUBIC FEETMIDDLE CREEK DTICHWETLAND AFUTURE S 17TH AVE-ALIGNMENTTO BE DETERMINED WHENRESTRICTED LOT IS DEVELOPEDFEATUREFUNCTIONALRATINGACRESWETLAND ACATEGORY III WETLAND4..94BUFFER 2 IMPACTS (STAUDAHER)MATERIAL30' BUFFER ZONE(0.113 ac.)50' BUFFER ZONE(0.129 ac.)NATIVE FILL (SOURCED ONSITE)10,978 CUBIC FEET20,474 CUBIC FEETNATIVE CUT5 CUBIC FEET5 CUBIC FEETROADWAY GRAVELS(SOURCED FROM GRAVEL PIT)21 CUBIC FEET3,027 CUBIC FEETCONCRETE(SIDEWALK, CURB ANDGUTTER)8 CUBIC FEET255 CUBIC FEETASPHALT3 CUBIC FEET504 CUBIC FEETBUFFER AREA 2BUFFER AREA 150' SETBACK SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDDDDSDSDDSDSDSDSDSDSDSDSDSD SD SD SD SDDSD NG4975 497 0 4970 4980 4980 4975 0+001+001+070+00 1+00 2+00 3+00 4+00 5+00 5+2615SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD 12SD12SD18SD15SD 15SD 15SD 15SD SD SD SD SD-25.00%8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8WDYHDYH6WWSWSWSFIREFIREFIREFIREFIREFIREWSWSWSWS WSWSWSFIREFIREFIREFIREFIREFIRE8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8SSSSSSSSSSSSSSSS10S10S10S10S10S10S10S10S10S10S10S4960496549704975498049604965497049754980FG-4976.94EG-4976.290+00FG-4975.61 EG-4973.341+00FG-4974.29 EG-4972.342+00FG-4972.95 EG-4971.073+00FG-4970.09 EG-4969.164+00FG- EG-4967.115+00FG- EG-4966.725+26386.42 LF 15" @ 1.35%18.00 LF 18" @ 0.50%386.42 LF 15" @ 1.35%SDMH-2STA 2+84.08, 7.13' RTRIM=4973.3629.65 LF 15" @ 3.82%SDMH-3STA 3+13.73, 7.58' RTRIM=4972.5244.00 LF 18" @ 0.50%SDMH-5STA 3+57.72, 8.21' RTRIM=4971.781-LOCATION 1 WETLAND IMPACTSSCALE: 1" = 30'0VERT. SCALE IN FEET0HORIZ. SCALE IN FEET1.533615303060SOUTH 17TH AVENUE2-FT WIDE CURB AND GUTTER(TYP)PROPOSED 8" WATER MAIN6-FT SIDEWALKPROPOSED WATER SVC (TYP)PROPOSED SEWER SVC (TYP)PROPOSED GROUNDEXISTING GROUNDFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE,2025Plotted by rosie nickelson on Apr/15/2025engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netN:\5659\021 - SWX North Pre-Plat\ACAD\Exhibits\5659.023_Wetland Impacts Exhibit.dwg 5659.023EX-2SOUTH RANGE CROSSING SUBDIVISION - NORTH BOZEMANMONTANAWETLAND IMPACTSRSNCMSMEE4/2025STAUDAHER STREETPROPOSED FIRE SVC (TYP)PROPOSED STORM MAINPROPOSED 8" SEWER MAIN6-FT WIDE VALLEYGUTTER (TYP)EXISTINGWETLANDLOCATION 1 WETLAND IMPACTSAREA = 21,225 SF6-FT SIDEWALKPROPOSED 10" SEWER MAINPROPOSEDWTR XING (TYP.)5-FT SIDEWALK PROPOSED STORM POND5-FT SIDEWALKBLOCK 2 LOT 2BLOCK 2 LOT 1RESTR ICTED LOT30' WETLAND OFFSET50' WETLAND OFFSETPROPOSED SWRXING (TYP.)PROPOSED SVCXING (TYP.) XXXX0+00 1+00 1+06 PI: 0+62.17 PI: 0+75.418W8W8W8W8W8W18S18S18S18S18S18S18S 18S18S18S18S18S18S10S10S10S10S10S10SS496049704980496049704980FG- EG-4970.750+00FG- EG-4968.951+00FG- EG-4969.291+0574.43 LF OF 51"X31" ARCP @ -1.90%1-STREAM-DITCH IMPACTSSCALE: 1" = 30'0VERT. SCALE IN FEET0HORIZ. SCALE IN FEET1.533615303060SOUTH 19TH AVENUEPROPOSED GROUNDEXISTING GROUNDFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE,2025Plotted by rosie nickelson on Apr/15/2025engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netN:\5659\021 - SWX North Pre-Plat\ACAD\Exhibits\5659.023_Wetland Impacts Exhibit.dwg 5659.023EX-3SOUTH RANGE CROSSING SUBDIVISION - NORTH BOZEMANMONTANAWETLAND IMPACTSRSNCMSMEE4/2025PROPOSEDWTR XING (TYP.)PROPOSED SWRXING (TYP.)STAUDAHER STREET DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MT 59601-3329 April 4, 2025 SUBJECT: NWO-2023-00853-MT – SRX II Development – Approved Jurisdictional Determination Mr. Parker Lange Providence Development 1450 Twin Lakes Avenue, Suite 201 Bozeman, Montana 59718 Dear Mr. Lange: This letter is in response to the request received on January 18, 2024 submitted on your behalf by Morrison-Maierle for an approved jurisdictional determination for the proposed SRX II Development project. The site is located in Section 24 of Township 02 South, Range 05 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 jursidictional: Middle Creek Ditch, Lateral – Middle Creek Ditch, and W-A. 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. Also, based on our evaluation of the information provided and other available information, we have determined the following resources are non-jurisdictional: Eastern Channel – Middle Creek Ditch and Stormwater Pond. The attached approved jurisdictional determination provides rationale for why these aquatic resources do not meet the definition of waters of the United States. Based on this determination, a Department of the Army permit is not 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. -2- 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 April 4, 2030, 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 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 June 3, 2025. 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-2023-00853-MT. Sincerely, Benjamin N. Soiseth Chief, North Dakota Section Enclosures cc: Christine Pearcy, Morrison-Maierle DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329 May 28, 2025 SUBJECT: Nationwide Permit Verification; Providence Development North - South Range Crossing (SRX) SD, Middle Creek Ditch and Wetlands - Gallatin County, File Number NWO-2023-00853-MT Parker Lange Providence Development P.O. Box 4082 Bozeman, Montana 59772 Dear Mr. Lange: This letter is in response to your April 18, 2025, Pre-construction Notification (PCN), requesting Department of the Army (DA) Nationwide Permit (NWP) verification for the above-referenced project. The project site is located at the Northeast of Graf Street and 19th Avenue Intersection, on Middle Creek Ditch and wetlands, Latitude 45.6509460°, Longitude -111.05922011°, within Section 24, Township 2 S, Range 5 E, Bozeman, Gallatin County, Montana. Description of activity requiring verification: 1. Middle Creek Ditch: Permanently impact 74 linear feet (LF) of bank and 0.01 acre below the ordinary highwater mark to place a 51-inch x 31-in RCP culvert, 11.7 cubic yards (CY) of roadway gravels, 1.3 CY of asphalt, 1.67 CY of concrete, and 8.6 CY of native fill for the construction of a road crossing. 2. Wetlands: Permanently impact 0.48 acre of palustrine emergent wetlands to place 943 cubic yards (CY) of native fill, 93.2 CY of asphalt, 43.8 CY of concrete, and 649.5 CY of roadway gravels for the construction of roadways for residential development. 3. The work will be completed as detailed in the joint application and drawings titled “South Range Crossing Subdivision – North,” received on April 18, 2025, submitted by Morrison-Maierle on behalf of the applicant. 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 Corps’ regulations are published in the Code of Federal Regulations at 33 CFR parts 320 through 332. NWPs are defined in the Federal Register published on December 27, 2021 (86 FR 73522) and January 13, 2021 (86 FR 2744). Based on a review of the information you furnished and available to us, we have determined the above referenced work requires DA authorization under Section 404 of the CWA. Based upon the information you provided, we hereby verify that the work described above, is authorized by NWP 29 Residential Developments. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. The NWP(s) and associated Regional and General Conditions are enclosed and can be accessed on our website at: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Montana. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization, and you may be subject to appropriate enforcement action. You shall comply with all terms and conditions associated with this NWP, including the following project-specific special conditions. Special Condition: 1. To compensate for the loss of 0.48 acre of wetland, you shall purchase 0.23 of functional wetland credits at the Upper Missouri Mitigation Bank. Evidence of this purchase shall be provided to this office prior to initiation of construction activities in waters of the U.S. authorized by this permit/verification. The Montana Department of Environmental Quality has provided the enclosed CWA Section 401 water quality certification for this NWP which includes General Conditions, all of which must be complied with for that certification to remain valid. This does not eliminate the need to obtain other permits that may be required by that agency. Unless this NWP is suspended, modified, or revoked, it is valid until March 14, 2026. It is incumbent upon you to remain informed of changes to this NWP. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization as per 33 CFR 330.6(b). Any project specific conditions listed in this letter continue to remain in effect after the NWP verification expires unless the district engineer removes those conditions. To assist in your compliance with NWP General Condition 30, enclosed is a "Compliance Certification" form, which shall be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the terms and conditions of the NWP. Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. -3- The 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/. Authorizations under this NWP does not relieve permittees from obtaining permits or other authorizations from any required federal, state, or local agency. If you have any questions, please contact Jennifer Bergner via email at jennifer.l.bergner@usace.army.mil, by mail at the address above, or by phone at 406- 441-1363. Sincerely, Jennifer Bergner Regulatory Project Manager 3 Enclosures 1. NWP 29 Residential Developments Fact Sheet with Regional Conditions 2. CWA Section 401 Water Quality Certification 3. Compliance Certification Cc: Faith Doty (Morrison-Maierle) @ fdoty@m-m.net 318 Authorization Short Term Water Quality Standard Related to Construction Activity Dear Applicant: This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a 124 permit from Montana Fish, Wildlife and Parks. This authorization is valid for the time noted on your permit. This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or 124 permit as well as any other permits that apply to this proposed construction activity. This Authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality (DEQ) and Montana Fish, Wildlife and Parks (FWP). The applicant agrees to comply with the conditions stated below, as well as other conditions listed in the 310 or 124 permit issued for this project. Signatures of the applicant and FWP are Required to validate this authorization. 1. Construction activity in or near the watercourse is to be limited to the minimum area necessary, and conducted to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect aquatic life outside the immediate area of operation. 2. The use of machinery in the watercourse shall be avoided unless necessary. 3. All disturbed stream banks and adjacent areas created by the construction activity shall be protected with erosion control measures during construction. These areas shall be reclaimed with appropriate erosion control measures and revegetated to provide long-term erosion control. 4. Any excess materials generated from this project must be disposed of above the ordinary high water mark, in an area not classified as a wetland, and in a position not to cause pollution of State waters. 5. Clearing of vegetation will be limited to that which is necessary for construction of the project. . This authorization does not authorize a point source surface water discharge. MPDES permit is required for said discharge. 7. Open cut creek crossing will not be allowed in flowing water. Stream water must be diverted around the open cut area (pump, flume, etc.) . The applicant must conduct all activities in full and complete compliance with all terms and conditions of all permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act (310 permit), the Stream Protection Act (124 permit) the Federal Clean Water Act (404 Permit), any MPDES permits for dewatering or stormwater control in the construction area and any valid Memorandum of Agreement and Authorization (MMA) negotiated for this activity. The FWP representative has determined that this project is within the scope of the programmatic Environmental Assessment prepared by DEQ and FWP for the insurance of narrative turbidity standards. Name and Location of Project GD 20-25 middle creek ditch lateral FWP Representative Date Tuesday, May 6, 2025 Project Representative 1 I have reviewed the above project on behalf of the Montana Department of Environmental Quality (DEQ) Pursuant to the Montana Water Quality Short-term Water Quality Standards for Turbidity (75-5-318 MCA): Turbidity generated from this project is expected to be short- term and have only temporary and minor impacts on the physical and biological environment. Therefore, compliance with the conditions stated in DEQ's Short Term Water Quality Standard for Turbidity Related to Construction Activity, as well as other conditions listed in the 310 or 124 permit, are appropriate for this project. Date Tuesday, May 6, 2025 DFWP Representative's Signature: 2