Loading...
HomeMy WebLinkAbout022 - Appendix T - Agricultural Water User Memo1 | Page Technical Memo To: Matt Ekstrom, PE, Parker Lange, YTI Development, From: Faith Doty, Environmental Scientist and Christine Pearcy, Sr. Environmental Scientist Date: January 8, 2024 Job: 5659.021 Re: Agricultural Water User Facilities at North South Range Crossing (NSRX) This memo documents agricultural water user facilities on the North South Range Crossing (NSRX) property in Gallatin County, Montana. The memo summarizes research, and field visits conducted in May and August 2023, conducted by Morrison-Maierle Environmental Scientists. Table 1. Legal description and geocodes of the subject property Legal Description Geocode MINOR SUB 494, S24, T02 S, R05 E, BLOCK 1, Lot 4, ACRES 10.519 06-0798-24-2-01-04-0000 MINOR SUB 494, S24, T02 S, R05 E, BLOCK 1, Lot 1, ACRES 15.069 06-0798-24-2-01-10-0000 MINOR SUB 494, S24, T02 S, R05 E, BLOCK 1, Lot 3, ACRES 7.644 06-0798-24-2-01-14-0000 MINOR SUB 494, S24, T02 S, R05 E, BLOCK 1, Lot 2 COMMON OPEN SPACE, ACRES 1.826 06-0798-24-2-01-16-6500 Vicinity and topographic maps are attached to this memo. Type, Description, Ownership, and User Facilities The following three agricultural water facilities are present on the subject property: 1) A segment of Middle Creek Ditch/Mandeville Creek Approximately 1,430.9 linear feet of Middle Creek Ditch/Mandeville Creek, classified as a “stream/ditch” by the Gallatin Conservation District (GCD) on December 7, 2022 flows northwards on the west property edge. A riparian, non-wetland, area borders the ditch on either side. This agricultural water feature remains in active use. 2) Lateral from Middle Creek Ditch/Mandeville Creek A headgate diverts water from the ditch at the northwest corner of the investigation area in a northeast direction, exiting the area after approximately 212 feet. This narrow ditch lateral flows intermittently and services a property north of the investigation area. The GCD states on August 30, 2022 that a SPA124 permit is not required for work in/around this lateral (see attached email). This agricultural water feature remains in active use. 2 | Page 3) A man-made channel Approximately 1,043.1 linear feet of a man-made channel intermittently conveys municipal stormwater northwards along the eastern edge of the subject property. The channel follows a topographic change from the flat agricultural field to the man-made, vegetated, ditch. The channel formerly operated as private ditch lateral, labeled the “Woward-Esgar Ditch” by a 2015 delineation by Vaughn Environmental Services (available upon request). Presently the channel drains stormwater from the Blackwood Groves subdivision to the south. This feature no longer actively conveys agricultural water and currently conveys stormwater from properties to the south. A map of these features is attached to this memo (Figure 3). Water Resources Survey for Gallatin County The 1953 Water Resources Survey (WRS) of Gallatin County, Montana depicts the subject property within the Middle Creek Ditch Company irrigated area (see Figure 1). According to this survey, a segment of Middle Creek Ditch borders the western edge of the property. A private diversion lateral from Middle Creek Ditch bordered the eastern edge of the subject property at the time of publication in 1953. Figure 1. Water Resources Survey for Gallatin County, MT, 1953 3 | Page Gallatin Conservation District (GCD) determinations Morrison-Maierle Scientists and Engineers met with the Conservation District on December 7, 2022 at the property immediately south of the subject property and determined that the active channel on the western edge of the subject property is Middle Creek Ditch/Mandeville Creek, classified as a stream/ditch. This designation describes agricultural ditches that flow perennially due to stream inputs. An email from the GCD on August 30, 2022 states that Feature 2, a private diversion lateral from Middle Creek Ditch, is not jurisdictional. See Figure 3, attached for a map of water features on the subject property. Water Rights The Montana Department of Natural Resources & Conservation (DNRC) maintains the Water Rights Query System for the state. Morrison-Maierle executed two queries of water rights on the subject property according to the: 1) Geocode of each parcel section (4 total) 2) Section, Township, and Range of the subject property (S24, T2S, R5E) Morrison-Maierle discovered zero results from these search parameters. Proposed Changes There are no major changes to the ditch proposed with the NSRX development, and the development is not expected to change the volume or direction of water in (the presumed) Middle Creek Ditch segment on the western edge of the subject property. Several culverts are planned to be installed at road crossings, but the development does not propose changing the volume, flow, or quality of the water therein. The eastern remnant/abandoned irrigation channel is proposed to be maintained as a stormwater conveyance feature for the development; as the neighboring subdivision, Blackwood Groves, also uses it for this purpose. Stormwater detention ponds may also discharge to the eastern remnant channel at pre-development discharge rates. There are no current plans to utilize the remnant channel on the southern edge of the subject property for stormwater conveyance. The proposed SRX development would no longer require water from any existing surface water rights or shares from the Middle Creek Ditch Company (if present) since the formerly irrigated agricultural field will be eliminated (the field is not currently actively irrigated). If private water rights do exist, they may be used for irrigation of park spaces and/or transferred to the City of Bozeman as part of the entitlement process. The relic irrigation channel on the east edge of the subject property would be incorporated into the development plan as stormwater drainage, while the southern channel would be removed. 4 | Page References Montana Department of Natural Resources (DNRC). 2022. Water Right Query System. Accessed December 15, 2023. https://gis.dnrc.mt.gov/apps/WRQS/ Montana State Engineer Office (1953, reprinted in 1961). Water Resources Survey, Gallatin County, Montana. Accessed November 20, 2022. https://archive.org/details/waterresourcessu1953mont_0/page/n85/mode/2up. Attachments 1) Figures 2) GCD correspondence 3) WRS map Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)OpenStreetMap contributors, and the GIS User Community 0 1,500 3,000750Feet ± N:\5659\013 Aquatic\2023 Delineation - N SRX\GIS\Exhibits\Fig1_Vicinity.mxd; Plotted: 9/29/2023 COPYRIGHT © MORRISON-MAIERLE, INC., 2880 Technology Blvd. WBozeman, MT 59718 Phone: (406) 587-0721 NORTH SRX VICINITY MAPGALLATIN CO.MT FIGURE NO. PROJECT NO. 5659.018 FIG. 12023 DRAWN BY: FD CHK'D BY: FD APPR. BY: CP DATE: 09/2023 Legend Subject Property MONTANA PROJECT LOCATION Copyright:© 2013 National Geographic Society, i-cubed 0 650 1,300325Feet ± N:\5659\013 Aquatic\2023 Delineation - N SRX\GIS\Exhibits\Fig2_Topo.mxd; Plotted: 9/29/2023 COPYRIGHT © MORRISON-MAIERLE, INC., 2880 Technology Blvd. WBozeman, MT 59718 Phone: (406) 587-0721 NORTH SRX TOPOGRAPHICAL MAPGALLATIN CO.MT FIGURE NO. PROJECT NO. 5659.018 FIG. 22023 DRAWN BY: FD CHK'D BY: FD APPR. BY: CP DATE: 09/2023 Legend Subject Property PROJECT NO. 5659.021AGRICULTURAL WATER USER FACILITIES MAPDRAWN BY: FD CHK'D BY: CP APPR. BY: CP DATE:12/15/2023 N:\5659\013 Aquatic\2023 Delineation - N SRX\GIS - N SRX\ArcPro\N_SRX.aprx NORTH SRX FIG.3 Legend Subject Property Agricultural water use facilities Middle Creek Ditch/Mandeville Creek Ditch lateral Man-made channel ± COPYRIGHT MORRISON-MAIERLE, INC., 2023a 2880 Technology Blvd. WBozeman, MT 59718 Phone: (406) 587-0721 0 145 29072.5 Feet From:Duncan, Mike To:Zach Lowe Cc:Rich McEldowney; Jared Fabian Subject:RE: Mandeville Creek - SPA 124 Date:Tuesday, August 30, 2022 9:47:55 AM Attachments:image002.pngimage003.pngimage004.png image005.png image006.pngimage009.pngimage010.png Hi Zach, You’re correct. You do not need an SPA124 for the lateral off the stream along 19th or the channel in the SE corner of the property. However, a permit will be needed for anything that alters the bed or banks of the stream along 19th including a new or improved headgate or culvert. An SPA1245 will also be the case in the future should road or infrastructure improvements need to be made along the stream further south. Best, Mike Mike Duncan Madison-Gallatin Fisheries Biologist Fisheries Division Montana Fish, Wildlife & Parks, Region 3 1400 South 19th Ave Bozeman, MT 59718 Office - (406) 577-7871 Cell - (406) 224-2656 From: Zach Lowe <zlowe@seaeng.com> Sent: Monday, August 29, 2022 2:20 PM To: Duncan, Mike <Mike.Duncan@mt.gov> Cc: Rich McEldowney <rmceldowney@confluenceinc.com>; Jared Fabian <jfabian@seaeng.com> Subject: [EXTERNAL] RE: Mandeville Creek - SPA 124 Hey Mike, Thanks for meeting us on site this morning to look at the portion of Mandeville in question. It sounds as if the extents of our permitting with you would be to submit a 124 permit in the event that our intersection of Arnold Street with S 19th Ave affects the existing culvert on the Middle Creek Ditch inlet (that runs southerly along the 19th ROW). It is also our understanding that we will be allowed to pipe the Mandeville portion under Arnold as we originally proposed. The same is true of the portion of the Middle Creek Ditch lateral we are proposing to pipe—approximately 200 feet east of the Mandeville crossing. See attached Figure showing water courses and proposed development. Please let me know if these assumptions are not correct. Sincerely, Zach Lowe Zach Lowe, P.E. Bozeman Regional Manager Stahly Engineering & Associates, Inc 851 Bridger Dr, Ste #1 | Bozeman, MT 59715Phone: (406) 522-8594 | Cell: (406) 599-9151 Direct Line: (406) 602-4384 Email: zlowe@seaeng.com www.seaeng.com [na01.safelinks.protection.outlook.com] From: Duncan, Mike <Mike.Duncan@mt.gov> Sent: Friday, August 26, 2022 2:01 PM To: Zach Lowe <zlowe@seaeng.com> Cc: Rich McEldowney <rmceldowney@confluenceinc.com>; Jared Fabian <jfabian@seaeng.com> Subject: RE: Mandeville Creek - SPA 124 Sounds good, Zach. Have a good weekend! Mike Mike Duncan Madison-Gallatin Fisheries Biologist Fisheries Division Montana Fish, Wildlife & Parks, Region 3 1400 South 19th Ave Bozeman, MT 59718 Office - (406) 577-7871 Cell - (406) 224-2656 [facebook.com] [instagram.com] [twitter.com] [youtube.com] [pinterest.com] From: Zach Lowe <zlowe@seaeng.com> Sent: Friday, August 26, 2022 2:00 PM To: Duncan, Mike <Mike.Duncan@mt.gov> Cc: Rich McEldowney <rmceldowney@confluenceinc.com>; Jared Fabian <jfabian@seaeng.com> Subject: [EXTERNAL] RE: Mandeville Creek - SPA 124 Hey Mike, That sounds great. I might be on site checking out sidewalks that are getting poured. I usually park in the cone-off, far-east lane so you don’t have to take your life into your hands running across 19th. I’ll see you then! Thanks, Zach From: Duncan, Mike <Mike.Duncan@mt.gov> Sent: Friday, August 26, 2022 9:30 AM To: Zach Lowe <zlowe@seaeng.com> Cc: Rich McEldowney <rmceldowney@confluenceinc.com> Subject: RE: Mandeville Creek - SPA 124 Hi Zach, Let’s shoot for 10am Monday morning. Do you want to meet in the church parking lot across the street and wander out from there? Mike Mike Duncan Madison-Gallatin Fisheries Biologist Fisheries Division Montana Fish, Wildlife & Parks, Region 3 1400 South 19th Ave Bozeman, MT 59718 Office - (406) 577-7871 Cell - (406) 224-2656 [facebook.com] [instagram.com] [twitter.com] [youtube.com] [pinterest.com] From: Zach Lowe <zlowe@seaeng.com> Sent: Thursday, August 25, 2022 2:41 PM To: Duncan, Mike <Mike.Duncan@mt.gov> Cc: Rich McEldowney <rmceldowney@confluenceinc.com> Subject: [EXTERNAL] RE: Mandeville Creek - SPA 124 Hey Mike, I’m available any time after 10:00 on Monday, and wide open on Tuesday. Zach From: Duncan, Mike <Mike.Duncan@mt.gov> Sent: Tuesday, August 23, 2022 10:38 AM To: Zach Lowe <zlowe@seaeng.com> Cc: Rich McEldowney <rmceldowney@confluenceinc.com> Subject: RE: Mandeville Creek - SPA 124 Hi Zach, I’m available just about anytime Monday or Tuesday. Let me know what works best for you and I’ll get it on the calendar. Mike Mike Duncan Madison-Gallatin Fisheries Biologist Fisheries Division Montana Fish, Wildlife & Parks, Region 3 1400 South 19th Ave Bozeman, MT 59718 Office - (406) 577-7871 Cell - (406) 224-2656 [facebook.com] [instagram.com] [twitter.com] [youtube.com] [pinterest.com] From: Zach Lowe <zlowe@seaeng.com> Sent: Tuesday, August 23, 2022 9:46 AM To: Duncan, Mike <Mike.Duncan@mt.gov> Cc: Rich McEldowney <rmceldowney@confluenceinc.com> Subject: [EXTERNAL] RE: Mandeville Creek - SPA 124 Hey Mike, Let me know if you would like to meet in the field. It sounds like you’re out the rest of this week, but let me know what works for you next week. Thanks, Zach Zach Lowe, P.E. Bozeman Regional Manager Stahly Engineering & Associates, Inc 851 Bridger Dr, Ste #1 | Bozeman, MT 59715 Phone: (406) 522-8594 | Cell: (406) 599-9151 Direct Line: (406) 602-4384 Email: zlowe@seaeng.com www.seaeng.com [na01.safelinks.protection.outlook.com] From: Duncan, Mike <Mike.Duncan@mt.gov> Sent: Monday, August 22, 2022 11:37 AM To: Rich McEldowney <rmceldowney@confluenceinc.com> Cc: Zach Lowe <zlowe@seaeng.com> Subject: RE: Mandeville Creek - SPA 124 Hi Rich, The intent of the 310 and SPA124 processes relate to whom the proposed work is being completed on behalf of, not who submits the application, completes the actual work, or who owns the lands. Many times FWP or other government agencies, in this case the City of Bozeman, hire consultants and contractors to complete projects. However, the work is being completed for a government agency so an SPA124 should be pursued. The Gallatin CD recently processed a handful of 310 applications for dredging along the shoreline of Hebgen Reservoir. The applicants were individuals who have long- term leases for the structures that happen to fall on U.S. Forest Service property. In those cases, a 310 permit was appropriate because the work was being done on behalf of the cabin owners/lessees even though the projects were completed on federal lands. Pretty straightforward, right…? I’d be happy to meet on site to discuss potential options. I will say that a 600-foot culvert is probably not an option, so the folks on your end of things will need to come up with some alternatives that help protect the integrity of the stream and the downstream habitats it supports while allowing the City to meet its needs. I could make some time tomorrow to meet with Zach or others, but am in the field the rest of the week. I mistakenly left my calendar at the house (I’m one of the few people who still schedules things using a paper calendar…), but I’m confident we can find a time next week to meet if tomorrow doesn’t work. Best, Mike Mike Duncan Madison-Gallatin Fisheries Biologist Fisheries Division Montana Fish, Wildlife & Parks, Region 3 1400 South 19th Ave Bozeman, MT 59718 Office - (406) 577-7871 Cell - (406) 224-2656 [facebook.com] [instagram.com] [twitter.com] [youtube.com] [pinterest.com] From: Rich McEldowney <rmceldowney@confluenceinc.com> Sent: Monday, August 22, 2022 7:12 AM To: Duncan, Mike <Mike.Duncan@mt.gov> Cc: Zach Lowe <zlowe@seaeng.com> Subject: [EXTERNAL] Mandeville Creek - SPA 124 Hi Mike, I hope you are doing well. At the Gallatin CD meeting on Thursday Buddy Drake informed us that FWP would take jurisdiction of that segment of Mandeville Creek that we have been discussing and that since the City of Bozeman has been deeded the road ROW, and would therefore be considered the landowner, that we will need to submit a SPA 124. We are happy to do that, but would like to understand what FWP will or won’t allow for that segment. The current plan would be to place roughly 600 feet of the ditch into a culvert. Is that acceptable? If not, what would be acceptable? We are stuck with the requirements of the City, and their road development plan. Perhaps now is a good time to get the City involved in the conversation as well. Thanks for your guidance on this matter. I am in the field this week, but if you wanted to talk through the project more completely, I have Cc’d the Stahly project manager, Zach Lowe, so you guys can connect. Regards, Rich Richard McEldowney, PWS Sr. Wetland Scientist/Vice President Confluence Consulting Inc. P.O. Box 1133 Bozeman, MT 59771-1133 406-599-2138 cell 406-585-9500 main rmceldowney@confluenceinc.com