HomeMy WebLinkAbout21-RMF-Joint Permit ApplicationJoint 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 Certiflcation
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) Rocky Mountain Flats, LLLP (Maddy Mason)
Has the landowner consented to the project? ☒ Yes ☐ No
Mailing Address: 2432 Kemp Street City, State: Missoula, MT Zip: 59801
Physical Address: City, State: Zip:
Daytime Phone: 612-741-9396 Email: maddy@bluelinedevlopment.com
LANDOWNER NAME (if different from applicant) KDG Holdings LLC
Mailing Address: 900 N Whittier DR City, State: Beverly Hills, CA Zip: 90210
Physical Address: City, State: Zip:
Daytime Phone: Email:
CONTRACTOR/COMPANY NAME (if applicable)
Mailing Address: City, State: Zip:
Physical Address: City, State: Zip:
Daytime Phone: Email:
B. PROJECT SITE INFORMATION
Refer to section B1 of the instructions
1. NAME OF STREAM OR WATERBODY at project location: Middle Creek Ditch Lateral / West Gallatin Canal
Project Address/Location: 5532 Fowler Lane Nearest Town: Bozeman
County: Gallatin Geocode: 06-0798-23-3-01-04-0000
Township: 2 S Range: 5 E Section: 23 ¼ Section: ¼ Section:
Latitude: 45.643245 Longitude: -111.083161
Driving directions or other instructions needed for flnding the site:
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
Current condition is an irrigation lateral with seasonal fiows. Banks are mixed residential lawn and in areas where
not lawn are comprised of sandbar willows with mixed pasture grasses.
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 modifles existing channels or banks.
☒ 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.
This purpose of this project is to widen Fowler Lane and shift ditch conveance to the east of Fowler Lane. The City
of Bozeman is requiring the widening of Fowler Lane.
Refer to section C4 of the Instructions
4. Provide a brief description of the PROPOSED PROJECT PLAN and how it will be accomplished.
The proposed plan is to widen Fowler Lane to match existing width north of the project are that was previously
widened. The existing ditches on the property will be fllled to accommodate for road widen and fiows will be
transferred to the Middles Creek/West Gallatin Canal ditch west of Fowler Road.
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?
No project alternatives were considered because the City of Bozeman is requiring the road to be widened.
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
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?
Small amounts of sediment will likely enter the west irrigation lateral, but these will be limited and will construction
will be done outside of irrigation season so as not to impact down stream water users.
6b. Will the project cause temporary or permanent impacts to flsh and/or aquatic habitat? What will be
done to protect the flsheries and habitat?
There will no impacts to flsh or aquatic habitat because these are seasonal ditches that do not convey water year
round. The likelihood of flsh being in them is vvery low.
6c. What will be done to minimize temporary or permanent impacts to the fioodplain, wetlands, or riparian
habitat?
Wetland impacts total 0.0523 acres, which includes the bed of the irrigation ditches. Wetlands are limited and
under requirements for mitigation. Riparian species in areas not being disturbed will be left intact to the greatest
extent possible.
6d. What efforts will be made to decrease fiooding potential upstream and downstream of the project?
Because this is an irrigation facility that only conveys water seasonally, fiooding impacts up and downstream are
minimal. The new ditch that waters will be shifted to is much larger and capable of conveying more water in case a
fiood situation should occur up or downstream.
6e. Explain any potential temporary or permanent changes to the water fiow or to the bed and banks of the
waterbody. What will be done to minimize those changes?
Irrigation water will be shifted to the west lateral, which is larger. Water conveyance will end south of the project
area.
6f. How will existing vegetation be protected and its removal minimized? Explain how the site will be
revegetated, including weed control plans.
Vegetation south of the project area will be left intact to the greatest extent possible. All disturbed ground areas
will be reseeded and monitored for weeds.
D. CONSTRUCTION DETAILS
Refer to section D1 of the instructions
1. Proposed CONSTRUCTION DATES: Start: 01/04/2026 End: 01/03/2027
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.
Area is approximately 380 feet long by 40 feet wide. Ditches are approximately 2 feet wide.
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
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 modifled during the permitting process, therefore it is recommended that you do not purchase materials until
all permits are issued. List soil/flll 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
193 CYD / 465 LF
Native Topsoil / silt
Clean Pit Run Gravel
Crushed Gravel
On Site Native Soils
Local Gravel Pit
Local Gravel Pit
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.
Excavators, Dozers, and Haul Trucks
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
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 flll 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.
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
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.
No.
Refer to section F2 of the instructions
2. Identify the speciflc Nationwide Permit(s) that you want to use to authorize the proposed activity.
NW 14
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
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?
Wetland impacts total 0.0523 acres
Linear feet of impacts total 434 feet.
3b. How many cubic yards of flll 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 7
4. How will the proposed project avoid or minimize impacts to waters of the United States? Attach additional
sheets if necessary.
Impacts are unavoidable due to road widening being required by City of Bozeman.
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.
Wetland impacts are 0.0523 acres
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
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.
Canada lynx, grizzly bear and North American wolverine are listed as threatened. Monarch butterfiy is listed as
poposed threatened and Suckley’c Cuckoo Bumble Bee is listed as proposed endangered.
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.
It is unknown what cultural resources, historical or other structures within the property boundaries may be
impacted by the development of the property. However, a Level III arche
Investigation is pending on the irrigation infrastrcutre.
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 fioodplain permit.
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
310 pending review
404 pending review
318/404 pending review
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 fioodplain communities require certifled adjoining landowner lists.
NAME/ADDRESS OF Adjacent Landowner: RG 5400 Fowler LLC, C/O Rockefeller Group New York, NY, 10020
NAME/ADDRESS OF Adjacent Landowner: Dayle Kountz 5550 Blackwood Road Bozeman, MT 59718
NAME/ADDRESS OF Adjacent Landowner: Meadow Creek Partners LLC 1627 W Main Bozeman, MT 59715
NAME/ADDRESS OF Adjacent Landowner: Fowler RK Holdings LLC 685 VanDyke Road Bozeman, MT 59718
Refer to section F11 of the instructions
12. Floodplain Map Number: 30031C0814D
Refer to section F11 of the instructions
13. Does this project comply with local planning or zoning regulations? ☒ 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 9
G. SIGNATURE REQUIREMENTS
Refer to section G of the instructions
Some agencies require original signatures for an application to be considered complete. After completing the
application form, make the required number of copies and sign each copy. Send the copies with original signatures
and additional information required directly to each applicable agency.
The statements contained in this application are true and correct. The applicant possesses the authority to
undertake the work described herein or is acting as the duly authorized agent of the landowner. The applicant
understands that the granting of a permit does not include landowner permission to access land or construct a
project. Inspections of the project site after notice by inspection authorities are hereby authorized.
*By signing or typing my name on the signature line below, I hereby swear and affirm that I am the applicant for this
project and am responsible for all information contained in this application.
*APPLICANT (party responsible for project)
Print Name
Signature of Applicant Date
LANDOWNER (If different from applicant)
Print Name
Signature of Landowner
CONTRACTOR (If applicable. Contact agency to determine if contractor signature is required)
Print Name of Primary Contract Company/Entity Name (If applicable)
Signature of Contractor Date
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AREA: 0.0346 ACRES (1,509 SF)
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AREA: 0.0148 ACRES (644 SF)
EX. CULVERT
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EAST DITCH #2
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END OF EAST DITCH #2
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WEST DITCH
(NO WETLAND PRESENT)
WEST DITCH FOWLER LANEWETLAND AREA 2
AREA: 0.0107 ACRES (468 SF)EDGERTON BLVDGABRIEL AVES 31ST AVEMEAH LANE
N89° 52' 12"E 1330.14'S0° 01' 54"W 332.91'S89° 53' 16"W 1329.39'N0° 05' 51"W 332.50'NO WETLAND PRESENT
0 50'100'
SCALE 1" = 50'
N
DATE: 11/25/2025
PROJECT NO: 749-01
WETLAND DELINEATION FIGURE
BOZEMAN, MT
ROCKY MOUNTAIN FLATSWETLAND AREA TABULATION
WETLAND AREA (SF)AREA (ACRES)
1 1,509 0.0346
2 468 0.0107
3 644 0.0148
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N89° 52' 12"E 1330.14'S0° 01' 54"W 332.91'S89° 53' 16"W 1329.39'N0° 05' 51"W 332.50'WETLAND AREA 1
IMPACT AREA: 0.0346 ACRES (1,509 SF)
DP - UDP - W
WETLAND AREA 3
IMPACT AREA: 0.0070 ACRES (303 SF)
EAST DITCH #1
EAST DITCH #2
EAST DITCH #1
EAST DITCH #2
END OF EAST DITCH #2
(FILLED ON PROPERTY TO NORTH)
WEST DITCH
WEST DITCH
WETLAND AREA 2
IMPACT AREA: 0.0107 ACRES (468 SF)
0 50'100'
SCALE 1" = 50'
N
DATE: 11/25/2025
PROJECT NO: 749-01
WETLAND IMPACT FIGURE
BOZEMAN, MT
ROCKY MOUNTAIN FLATSWETLAND AREA IMPACT TABULATION
WETLAND AREA (SF)AREA (ACRES)
1 1,509 0.0346
2 468 0.0107
3 303 0.0070
WETLAND AREA TO BE FILLED
MEAH LANE