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HomeMy WebLinkAbout15c -Agricultural Water User Facilities - Notice Checklist BOZEMAN MT Community DITCH Agricultural Water User Facilities -Notice Checklist I. PURPOSE: The notice process for agricultural water user facilities at BMC 38.360.280 (hereafter “ditches”) requires land developers to engage in advanced discussions with water users prior to the submittal of a development application for the subject property. This notice process is designed to reduce potential conflicts by providing a reasonable opportunity for owners of water rights to protect their property interests in ditches. II. APPLICABILITY: This checklist must be included as a required application material for the following development application types: subdivision pre-applications; subdivision preliminary plats; site concept plans; site plans, master site plans, and planned development zones. III. DITCH NOTICE PROCESS: A. APPLICABILITY OF THE DITCH NOTICE PROCESS TO THE PROPOSED DEVELOPMENT APPLICATION YES NO 1. A ditch is present on-site, within 100 feet of the exterior boundaries of the proposed development, or is impacted by an offsite improvement regardless of the distance to the exterior development boundary. (The remainder of this checklist is not required to be completed if the answer is NO.) 2. A previous development review completed the ditch notice process at BMC 38.360.280; the instant development application is fully in compliance with the earlier approval, and there are no additional ditch impacts proposed. (The remainder of this checklist is not required to be completed if the answer is NO.) 3. The previous ditch notice process was completed for an application type for which an approval document was not issued by the City (e.g., subdivision pre-application, or site concept plan), and no new or additional ditch impacts are proposed. (The remainder of this checklist is not required to be completed if the answer is YES.) B. WATER RIGHTS RECORDS RESEARCH TO IDENTIFY PARTIES FOR NOTICE YES NO 1. The historic Water Resources Survey of Gallatin County shows a mapped ditch on the subject property. 2. The historic Water Resources Survey of Gallatin County shows the subject property is within the place of use of a ditch company water right. 3. The MT DNRC water rights query system was used to identify owners of water rights. 4. Water rights were identified with a place of use or point of diversion on the subject property. 5. Water rights with a downstream place of use were identified as being conveyed in the ditch on the subject property or in an offsite ditch affected by an offsite improvement associated with the proposed development. 6. The subject property is within the place of use of any water rights owned by Farmers Canal Company, Middle Creek Ditch Company, or West Gallatin Canal Company. If yes, mail the notice c/o of the President of the Board of Directors to the owner's mailing address indicated on the company’s water rights abstracts. C. DITCH NOTICE PACKAGE YES NO 1. A complete copy of the ditch notice package was sent to all water right ownership parties identified in Section III.B as having a water right conveyed in the ditch(es) on the subject property or conveyed in offsite ditches affected by an offsite improvement associated with the proposed development. 2. A copy of the proposed development layout was included with the notice package. 3. A description of any anticipated impacts to the ditch and any mitigation proposed to remedy such impacts was provided with the notice package. 4. The notice package states that the noticed party has 45 calendar days to provide written comments back to the notifying party. 5. There are changes to the proposed project between the subdivision pre-application or site concept plan stage and formal subdivision or plan review application that have resulted in new or additional impacts to ditches that were not previously noticed. If yes, another complete round of noticing must occur for the formal application. D. DEVELOPMENT APPLICATION SUBMITTAL MATERIALS YES NO 1. The application submittal materials describe how the noticed parties were identified and contain a complete mailing address list of all noticed parties. 2. The application submittal materials include a complete copy of the notice package sent to the noticed parties. 3. The application submittal materials show that at least 45 calendar days have elapsed for all noticed parties to provide response. 4. The application submittal materials provide a copy of the written responses received, and for each party that did not provide a written response, an affirmative statement that no response was received. CONTACT US Physical Address: Alfred Stiff Professional Bldg. 20 East Olive St. Phone: Bozeman, MT 59715 406-582-2260, Option #5 Email: planningtech@bozeman.net DITCH NOTICE CHECKLIST Page 2 Of 2 Revision Date: 06/27/2025 Page 1 of 2 September 8th, 2025 RE: Aleagha Subdivision Dear Agent: The City of Bozeman Community Development Department requires a notice process for agricultural water user facilities at BMC 38.360.280 (hereafter “ditches”). Therefore, IMEG aims to engage the Farmers Canal Company for review, comment, and discussion regarding the site at 1039 and 1043 Stoneridge Drive in Bozeman, Montana, which contains agricultural water infrastructure. The site is adjacent to East Catron Stream-Ditch which flows intermittently across the broader Stoneridge PUD and is used for stormwater conveyance and irrigation for downstream users. This project proposes to separate Units 1039 and 1043 from the Cabin Creek Condominium Association and legally subdivide them into two individual lots. No building expansion, new construction, or parking lot alterations are proposed as part of this division. The purpose of this agency review is twofold with our responses provided in bold italics: 1 - Provide a description of any anticipated adverse effects to the agricultural water user facility, and There is no proposed realignment, modification, or use of the East Catron Stream-Ditch as part of this subdivision. Therefore, the creation of two individual lots will not impact the “natural or existing” condition of the irrigation facilities. 2 - Provide a description of any mitigation proposed to remedy such adverse effects The East Catron Stream-Ditch runs parallel to the western property line, originating approximately 4 miles south of Durston Road and flowing north through open channels. It is a man-made agricultural feature. The applicant’s intent is solely to remove Units 1039 and 1043 from the Cabin Creek Condominium Association and legally separate them into two lots. The existing design report for Stoneridge Minor Subdivision #1 will remain unchanged, as the current proposal does not involve any physical expansion, modification, or improvement to existing roadways or onsite infrastructure, including the ditch. Therefore, no mitigation is proposed, as no impact on the agricultural water user facility will occur. Please reply and send comments directly to Tamara.R.Ross@imegcorp.com, by end of the day, October 24th, 2025. If there is anything we can do to facilitate your review, please reach out to us. Sincerely, IMEG Prepared By: Tamara Ross Land Use Planner P: (406) 272-0253 Enclosures: Proposed Development Layout Existing Conditions Exhibit Stoneridge PUD Subdivision Exhibit Water Quality Portal Station Exhibit for “Catron Creek at Tschache Lane” TRR/SH \\files\Active\Projects\2024\24004976.00\Design\Civil\PLANNING\1 Subdivision PreApp_Prescreen - PENDING\Digital Submittal & Required Naming Protocol\Documents\Irrigation Company info. & Noticing\20250907 Farmers Canal Company Notice.docx Page 2 of 2 Agency Comment Section (For use if the representative prefers not to submit a separate letter) ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Printed Name & Title: __________________________________________________________ Signature:_________________________________________ Date:______________________ EXHIBIT •C.1' LEGEND DRAINAGE AND GRADING PROPOSED CONTOURSSTONERIDGE P.U.D. SUBDIVISION PLAN EXISTING CONTOURS PROPOSED PONDS I 1 c I PL 22nd AVE fij I I I I 1 / I I 1 I bf will— tv TMN 1 N.20th-AVE. ` a r, I I I `MAPL WdoD STR ET \\ N ate I t 04 GM.MAYs~I m N. 19th AVE. N. 19th AVE. l IORRISON swE;15 a iERSMAIERLE,INc. S'tiCEpuv 1945 An Employe-Oumed Company GRAPHIC SCALE Vo.B.1113 lot le:lM,W M !!mW%111 5,ril •Rm (lot)Stl-Cnl roc Imo'587-1176 REVISION DATE:r w m REVISION DATE:No 1 DRA'AN 6Y: CMW DATE 11/24/97 IN I-ENT 1 2605/011/STORM/DRAINMS TR D'NG 1 i I-h- too n CHECKED BY, TUH DRAWING NO.:11'XIY - Scalench . 200 IT 2'Contour Interval NATIONAL WATER QUALITY MONITORING COUNCIL MENU WQP Home > Providers > STORET > MTWTRSHD_WQX > MTWTRSHD_WQX-GLWQD-CATRC01 Catron Creek at Tschache Lane (MTWTRSHD_WQX-GLWQD-CATRC01) site data in the Water Quality Portal Data Provider: STORET (Learn more about Water Quality Portal Data Providers) This river/stream site, maintained by the Montana Watershed (identifier MTWTRSHD_WQX), has the name "Catron Creek at Tschache Lane" and hasthe identifier MTWTRSHD_WQX-GLWQD-CATRC01. This site is in the watershed defined by the 8 digit Hydrologic Unit Code (HUC)10020008. This site is located in Gallatin County County, Montana at 45.6961000000 degrees latitude and -111.0667000000 degrees longitude using the datumNAD83. No horizontal location accuracy metadata is available. To download the metadata about this site along with water quality data, go to the Portal Page and enter "MTWTRSHD_WQX-GLWQD-CATRC01" intothe "Site ID" box under Site Parameters What other monitoring locations are upstream or downstream from this one? Upstream and downstream locations This map shows all Water Quality Portal stations that are 10 miles upstream (dashed dark blue) and 10 miles downstream (solid light blue) of thismonitoring location (indicated by the large blue circle). The upstream and downstream functionality is provided by the Network Linked Data Index. An official website of the United States government Here’s how you know New WQX 3.0 profiles are available at waterqualitydata.us/beta/. These profiles will contain recent USGS data added since March 11, 2024, which marks the beginning of limited accessibility for USGS data. Read more about the 3.0 profiles and associated changes here. This user interface only serves WQX2.2 profiles, which do NOT contain USGS data added after March 11, 2024. This site is experiencing performance degradation. USGS personnel will address when able. + − Leaflet | USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset,… 9/7/25, 4:08 PM Catron Creek at Tschache Lane (MTWTRSHD_WQX-GLWQD-CATRC01) site data in the <jinja2.runtime.BlockReference object at 0… https://www.waterqualitydata.us/provider/STORET/MTWTRSHD_WQX/MTWTRSHD_WQX-GLWQD-CATRC01/1/3 SUBJECT PROPERTY Date ranges may contain gap years When were data collected at this location? Periods of record for data characteristic groups For a more detailed breakdown of data, go to the Monitoring Report at the EPA How's My Waterway Application Characteristic Group Date Range Biological, Algae, Phytoplankton 2013 - 2013 Inorganics, Major, Metals 2012 - 2012 Inorganics, Major, Non-metals 2012 - 2013 Inorganics, Minor, Metals 2012 - 2012 Nutrient 2012 - 2013 Physical 2012 - 2013 What other information is available for this location? Detailed Metadata For the definitions of the metadata elements, please go to the Water Quality Portal user guide Location Metadata Value OrganizationIdentifier MTWTRSHD_WQX OrganizationFormalName Montana Watershed MonitoringLocationIdentifier MTWTRSHD_WQX-GLWQD-CATRC01 MonitoringLocationName Catron Creek at Tschache Lane MonitoringLocationTypeName River/Stream MonitoringLocationDescriptionText Catron Creek at Tschache Lane (Upstream of Tschache Lane just above the road bridge) HUCEightDigitCode 10020008 LatitudeMeasure 45.6961000000 LongitudeMeasure -111.0667000000 SourceMapScaleNumeric 0 HorizontalCollectionMethodName GPS Code (Pseudo Range) Standard Position (SA Off) HorizontalCoordinateReferenceSystemDatumName NAD83 CountryCode US StateCode 30 CountyCode 031 * * 9/7/25, 4:08 PM Catron Creek at Tschache Lane (MTWTRSHD_WQX-GLWQD-CATRC01) site data in the <jinja2.runtime.BlockReference object at 0… https://www.waterqualitydata.us/provider/STORET/MTWTRSHD_WQX/MTWTRSHD_WQX-GLWQD-CATRC01/2/3 Location Metadata Value ProviderName STORET What is the WQP?Contributing orgs Apps using the WQP Other Water Quality Portals Explore WQP sites NWIS (USGS) Last Content Change: 2024-03-11 WQX (EPA) Last Content Change: 2025-09-07 Agency Contact Center 1-800-424-9067 WQX@epa.gov 9/7/25, 4:08 PM Catron Creek at Tschache Lane (MTWTRSHD_WQX-GLWQD-CATRC01) site data in the <jinja2.runtime.BlockReference object at 0… https://www.waterqualitydata.us/provider/STORET/MTWTRSHD_WQX/MTWTRSHD_WQX-GLWQD-CATRC01/3/3 108.61'127.94'73.87'116.52'43.29'LOT 29B LOT 29A 0.44 AC. 0.66 AC. N79°55'55"E 99 . 8 0 ' N89°11'05"E 51.51'STONERIDGE DRIVEW STEVENS STREET WINDSOR STREET (E) 10 ' U.E .(60' PUBLIC WIDE R/W)(60' WIDE PUBLIC R/W) (60' WIDE PUBLIC R / W ) N79°26'18"E 1 7 1 . 2 2 ' 62.83' 34.53'30'30' 60' (E) STORMWATER DISCHARGE POND EASEMENT (E) 35' STREAM EASEMENT (P) RECIPROCAL PARKING EASEMENT FOR USE AND BENEFIT OF LOTS 29A AND 29B 60'30'30'30'S00°48'55"E 236.55'N10°04'05"W 159 .81 'N06°11'37"W 184.49' (E) 15' U.E. (P) 20' PUBLI C ACCESS EASEMENT CATRON STREAM/DITCH L=202. 30' R =134.10' Δ=86°2 6'1 0" 1817 SOUTH AVE. W. STE. AMISSOULA, MT 59801 PH: 406.721.0142FAX: 406.721.5224www.imegcorp.com PREPARED BY: SHEET 1 OF 1 GALLATIN COUNTY, MONTANA CERTIFICATE OF SURVEY NO. 1/4 S.T.R. 2 2S.5E. SCALE IN FEET 020 20 40 (E) PROPERTY BOUNDARY (E) ADJACENT PROPERTY BOUNDARY (E) SEWER LINE (E) STREAM (E) SEWER MANHOLE (P) EASEMENT (P) PROPERTY LINE LEGEND BASIS OF BEARING: STATE PLANE MONTANA - ZONE 2500 GROUND (TRUE) DISTANCES GRID NORTH DATE OF SURVEY: JULY 2025 RECORD OWNERS: ALEAGHA REAL ESTATE, LLC SURVEY COMMISSIONED BY: ALEAGHA REAL ESTATE, LLC TOTAL SUBDIVISION AREA: 1.10 ACRES PRELIMINARY PLAT OF ALEAGHA SUBDIVISION LOCATED IN THE SE1/4 OF SECTION 2, T.2S., R.5E., P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (E) ROAD CENTERLINE 1 Tamara R. Ross From:Dan Triemstra <danbevt@gmail.com> Sent:Thursday, September 11, 2025 8:13 AM To:Tamara R. Ross Subject:Re: FW: Catron Creek/Ditch - Agency Contact Info. Request 1039 Stoneridge External Email: Treat links and attachments with caution. Good Morning Tamara, I sure did receive your email. Let me know if this is okay. To whom it may concern, I am on the Board of Directors of Farmers Canal Company. The Catron ditch is a lateral of FCC. We do not anticipate that there will be any adverse effect on the Catron Ditch as a result of the proposed development at 1039 Stoneridge Dr, provided the ditch is not disturbed. Dan Triemstra, Secretary Farmers Canal Company On Wed, Sep 10, 2025 at 8:38 AM Tamara R. Ross <Tamara.R.Ross@imegcorp.com> wrote: Good Mornin’ Dan – can you please confirm receipt of this email. My initial one included a PDF attachment, so I’m a little nervous this didn’t get to you. Let me know if you have any questions. Best, Tamara Ross IMEG | Land Use Planner To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.IMEG 1817 South Ave West | Suite A | Missoula, MT 59801 (406) 272-0253 tamara.r.ross@imegcorp.com website | vCard | map | regional news Learn more about us and the IMEG story! This email may contain confidential and/or private information. If you received this email in error please delete and notify sender. 2 From: Tamara R. Ross Sent: Monday, September 8, 2025 12:12 PM To: danbevt@gmail.com Cc: Paul T. Forsting <Paul.T.Forsting@imegcorp.com>; AGAI President <agaipresident@gmail.com> Subject: FW: Catron Creek/Ditch - Agency Contact Info. Request 1039 Stoneridge Hey Dan – thank you for taking my phone call this afternoon. As discussed, attached is PDF copy of all the physical “agency notice” materials sent your way today. We are required to allow a 45-day review period for this, however, if your formal comment is received prior to October 24th, 2025, we will resubmit for City review. We kindly are requesting any to engage the Farmers Canal Company for review, comment, and discussion regarding the site at 1039 and 1043 Stoneridge Drive in Bozeman, Montana, which contains agricultural water infrastructure. The site is adjacent to East Catron Stream-Ditch which flows intermittently across the broader Stoneridge PUD and is used for stormwater conveyance and irrigation for downstream users. This project proposes to separate Units 1039 and 1043 from the Cabin Creek Condominium Association and legally subdivide them into two individual lots. No building expansion, new construction, or parking lot alterations are proposed as part of this division. Farmers Canal Company Contact Dan Triemstra 406-581-8714 danbevt@gmail.com Mailing Address: PO Box 10686 Bozeman, MT 59719 Best, Tamara Ross IMEG | Land Use Planner To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.IMEG 1817 South Ave West | Suite A | Missoula, MT 59801 (406) 272-0253 tamara.r.ross@imegcorp.com website | vCard | map | regional news Learn more about us and the IMEG story! 3 This email may contain confidential and/or private information. If you received this email in error please delete and notify sender. From: AGAI President <agaipresident@gmail.com> Sent: Monday, September 8, 2025 11:55 AM To: Tamara R. Ross <Tamara.R.Ross@imegcorp.com> Subject: Re: Catron Creek - Agency Contact Info. Request (MTWTRSHD_WQX-GLWQD-CATRC01) External Email: Treat links and attachments with caution. I think it would be good to rea h out to Bill Tatarka, or Dan Triemstra 581 8714 On Mon, Sep 8, 2025, 11:29 AM Tamara R. Ross <Tamara.R.Ross@imegcorp.com> wrote: Hello all – can you please help me confirm who I should be noticing to inform users of a proposed minor subdivision to remove Units 1039 & 1043 from the Cabin Creek Condo Association which would result in two lots. I was thinking I needed to notice Farmers Canal Company (FCC) but I can’t tell through trying to pull water right abstracts if this at this location this is defined as a “stream” or “ditch” or considered both... The nearest monitoring location is “Catron Creek at Tschache Lane” which states it’s a “river/stream” but throughout the old Planned Unit Development documents the approval/engineering reports state the “Carton Stream/Ditch” is directly adjacent to the property. My main goal is to ensure I am noticing the correct agencies for the proposal. 4 Found in the post-decree abstracts for the water rights: Farmers Canal Co. C/O: Bill Tatarka Mailing Address: PO Box 10686 Bozeman, MT 59719 Property info: Aleagha Real Estate, LLC 1039 Stoneridge Drive, 5 Bozeman, MT 59718 Located in the SE1/4 of Section 2, T.2S., R.5E., P.M.M., City of Bozeman, Gallatin County, Montana. Thank you, Tamara Ross IMEG | Land Use Planner To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.IMEG [imegcorp.com] 1817 South Ave West | Suite A | Missoula, MT 59801 (406) 272-0253 tamara.r.ross@imegcorp.com website [imegcorp.com] | vCard [dynasend.com] | map [google.com] | regional news [imegcorp.com][twitter.com] [facebook.com] [ Learn more [imegcorp.com] about us and the IMEG story! This email may contain confidential and/or private information. If you received this email in error please delete and notify sender.