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HomeMy WebLinkAbout044 Environmental comment responsesmemo Page 1 TO: SRX-II Subdivision File FROM: Faith Doty, PWS; Christine Pearcy, Environmental Scientist DATE: April 22, 2025 JOB NO.: 5659.021 RE: SRX-II Subdivision, Pre-Plat Environmental Comment Response CC: Matt Ekstrom, PE; Celine Saucier, PE; Parker Lange Urgent For Review Please Comment Please Reply For Your Use Objective This memo summarizes responses submitted by the City of Bozeman’s reviewers regarding the pre-plat application for SRX-II. No. 26, Water Rights The reviewer (Griffin Nielson) requests a narrative description of all surface waters not identified and described in Drawing 002 “Preliminary Plat Sheet 2” which may affect or be affected by the proposed subdivision including name, approximate size, present use, and time of year when water is present. And to describe any existing or proposed alterations to these waters. Response ▪ Approximately 1,067.06 linear feet of Middle Creek Ditch, classified as a “stream/ditch” by the Gallatin Conservation District (GCD) on December 7, 2022 flows perennially, northwards on the west property edge, 627.3 feet of the ordinary high water mark (OHWM) is within the investigation area (see the 2024 Wetland Delineation Report, Section 2.2.4). A riparian, non-wetland, area borders the ditch on either side (see the 2024 Wetland Delineation Report, UDP7, Appendix B). The OHWM of this feature is displayed on Figure 7 in Appendix A of the 2024 Wetland Delineation Report. o The U.S. Army Corps of Engineers (USACE) determined that Middle Creek Ditch qualifies as a Water of the United States and therefore is within their jurisdiction. The Approved Jurisdictional Determination (AJD) dated April 4, 2025 is attached to the City of Bozeman (COB) Wetland Checklist. o A headgate diverts water from the stream/ditch at the northwest corner of the investigation area in a northeast direction, exiting the area after approximately 214.5 feet. This ditch does not contain perennial flow and is not considered jurisdictional by the Gallatin Conservation District. USACE considers this feature jurisdictional. The narrow ditch lateral is vegetated with upland and/or FAC plant species and is not a wetland (see the 2024 Wetland Delineation Report, UDP4 in Appendix B). The OHWM of this feature is displayed on Figure 7 in Appendix A of the 2024 Wetland Delineation Report. Page 2 ▪ Impacts to wetlands and waterways were defined in a Montana Joint Application, submitted to USACE, MT Fish, Wildlife & Parks (FWP), and the GCD on April 18, 2025. A copy of the permit(s) application is attached to the COB Wetland Checklist. No. 49, Planning The reviewer (Danielle Garber) requests response to a letter from the City’s wetland consultant assigned to evaluate submitted materials related to surface water. Letter is from Naiad, dated April 28, 2024. Response ▪ Please review the updated City of Bozeman (COB) Wetland Checklist for this project. ▪ At the time of the previous submittal, the applicant was in an ongoing jurisdictional determination process with the USACE regarding the wetlands and waterways on the subject property. ▪ An Approved Jurisdictional Determination (AJD) for the property was received from USACE on April 4, 2025. The AJD is attached to the COB Wetland Checklist. ▪ An updated delineation report was completed at the request of USACE in the summer of 2024 and submitted to USACE on October 10, 2024. The updated delineation report is attached. No. 50, Planning The reviewer (Danielle Garber) requests documentation of vegetation at the project site, specifically if the species and location of species represent critical plant communities and what protective measures, if applicable, will be employed. Response ▪ A vegetation map exhibit is included as document "038 - Fig 15 Vegetation Map". Most of the subject property is comprised of farmed cereal and/or hay crops, which have been left fallow as of the 2024 growing season. A narrow riparian area borders the west side of the property, following the Middle Creek Ditch. Wetland areas delineated in 2023 and updated in 2024 were dominated by meadow foxtail (Alopecurus pratensis), Nebraska sedge (Carex nebrascensis), and broadleaf cattail (Typha latifolia). See Figure 15. A detailed description of vegetation on the subject property is provided in the 2024 wetland delineation report. The subject property vegetation does not represent critical plant communities. ▪ There is no shoreline vegetation, or vegetation on soils highly susceptible to wind or water erosion on the property. ▪ Vegetation on steep, unstable slopes is exclusively confined to the overburden/soil stockpiles in the center of the property. The rest of the property is flat. This vegetation is dominated by weedy species and does not represent a critical plant community. ▪ Stream bank/riparian vegetation is present bordering Middle Creek Ditch on the western edge of the property. No critical plant communities were identified here. Subdivision design prioritized retaining this riparian zone intact with few alterations as practicable.