HomeMy WebLinkAbout017 404 PermitDEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329
February 2, 2023
SUBJECT: Nationwide Permit Verification; Bozeman Trax Partners LLC (Weston Solutions, Inc.) - Railroad Culvert Crossing – Phase 2 - Mandeville Creek Wetlands (Gallatin County), File Number NWO-2022-00136-MT
Casey Tippens Bozeman Trax Partners, LLC
5148 US 89 S Livingston, Montana 59715
Dear Mr./Ms. Tippens: This letter is in response to your December 1, 2022, Pre-construction Notification (PCN),
received December 9, 2022, requesting Department of the Army (DA) Nationwide Permit (NWP) verification for the above-referenced project. The project site is located at Latitude 45.7117°, Longitude -111.0555°, within Section 36, Township 1 S, Range 5 E, Gallatin County, Montana.
Description of activity requiring verification: 1. A crossing culvert for a rail extension is proposed for Mandeville Creek. The project proposes to install a 66-foot long and 12-foot by 7-foot concrete box culvert with wingwalls. The culvert will match the existing stream bed elevation and an approximate 1-foot-thick natural steam bed will be established in the culvert. Approximately 553 cubic yards of permanent fill will be placed in Mandeville Creek and adjacent wetlands. The permanent impacts to jurisdictional wetlands are expected to be approximately 0.040 acres. There will be 0.009 acres of temporary wetland impacts.
2. The work will be completed as detailed in the joint application received on December 9,
2022, submitted on behalf of the applicant by Mindy McCarthy, Weston Solutions, Inc. 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 39 Commercial and Institutional 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,
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. 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 me via email at hildreth.l.cooper@usace.army.mil, by mail at the address above, or by phone at (406) 441-1375. Sincerely,
Hildreth L. Cooper Regulatory Project Manager
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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/.
3 Enclosures
1. Compliance Certification 2. NWP 39 Commercial and Institutional Developments Fact Sheet with Regional Conditions 3. CWA Section 401 Water Quality Certification
cc Mindy McCarthy, Weston Solutions, Inc. via email (Mindy.McCarthy@WestonSolutions.com)
COMPLIANCE CERTIFICATION
USACE File Number: NWO-2022-00136-MT Permit Type: NWP 39 Commercial and Institutional Developments
Name of Permittee: Casey Tippens County: Gallatin County, Montana
Date of Issuance: February 2, 2023
Project Manager: Hildreth Cooper
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to Montana.Reg@usace.army.mil or the following address: CORPS OF ENGINEERS, OMAHA DISTRICT
MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329 Please note that your permitted activity is subject to a compliance inspection by a U.S.
Army Corps of Engineers representative. If you fail to comply with the conditions of this permit, you are subject to permit suspension, modification, or revocation. - - - - - - - - - - - - - - - - - - - - - - - - - - -
I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions.
_____________________________________ Signature of Permittee
___________________ Date