HomeMy WebLinkAbout25217_Naiad_Letter_Report_7-25
Simon Lindley July 8, 2025
City of Bozeman
20 East Olive Ave
Bozeman, Mt 59771
RE: Review of the sensitive areas review of permit material for Gallatin Center (#25-217)
Mr. Lindley:
On July 1, 2025, I received the initial permit materials for Gallatin Center. Here, I provide a
review of sensitive aquatic areas. This letter report reviews the relevant materials and is
intended to assist you with your planning and permitting process. It is based solely on my
professional opinion. I am not an engineer; therefore, the following thoughts and
recommendations must be carefully considered by planners and approved by licensed
engineers and architects.
This review is of the materials required for permitted activities within the city’s aquatic
resources. However, the submitted materials are missing several essential items necessary for
a complete review. Once these documents are provided, I can give a more thorough opinion
of the permit package. Ideally, a comprehensive document that follows the clearly articulated
requirements in the city code would facilitate a complete review. Table 1 lists the salient
requirements and indicates whether the documents are present. I will provide additional
comments below if any elements are missing or incomplete. I recommend that the items in
red be resolved.
Table 1. Sec. 38.220.020 and 38.220.130 Submittal Materials for Regulated Activities in Wetlands
Code section Code Requirement Submitted Y/N
or NA
38.220.130.A All parties applying for activity permits proposing action affecting federal, state or city regulated wetlands, watercourses
and/or buffers within the city limits must submit the following information:
(1)
A wetland and watercourse delineation report must be submitted to the city for all projects, if aquatic resources are present.
When required to determine applicability and scope of wetland location and function the delineation shall go beyond the
boundary of the property. If no aquatic resources are present, a letter must be submitted to the city stating that there are no
water resources within the subject property.
a. This wetland and watercourse delineation report must include, but not be limited to, the following:
(a.1) Wetland and watercourse descriptions Inadequate
Review
Comments
Wetlands were delineated, but the watercourses were not. The acreage of the wetland was provided, but the linear feet of watercourses
were not.
(a.2) Functional assessment, as determined by a state-accepted functional assessment method, i.e., Montana Department of
Transportation (Berglund and McEldowney 2008 as amended) or Montana Department of Environmental Quality
(Apfelbeck and Farris 2005 as amended)
No
Review
Comments No functional assessment was provided
(a.3) Wetland types, as determined by a state-accepted functional assessment method (i.e., Cowardin et al 1979 as amended) Yes
Review
Comments
(a.4) Wetland acreages (by a licensed surveyor) Inadequate
Review
Comments
The acreage was provided, but the survey method was not provided. If GPS was used, we need to know the make and model of the unit
and if any post processing was used to increase accuracy.
(a.5) Maps with property boundaries, wetland and watercourse boundaries and acreages Inadequate
Review
Comments
Wetlands were delineated, but the watercourses were not. The acreage of the wetland was provided, but the linear feet of watercourses
were not.
(a.6) Wetland data forms (U.S. Army Corps of Engineers data forms) Yes
Review
Comments
2. If activities are planned in and/or adjacent to aquatic resources the following information is required:
a.
A site plan which shows the property boundary; delineated wetland and watercourse boundaries; buffer boundaries; and all
existing and proposed structures, roads, trails, and easements. The site plan will include a table of existing wetland
functional ratings and acreage, required buffers and acreage, and linear feet of all watercourses and ditches.
No
Code section Code Requirement Submitted Y/N
or NA
Review
Comments
(a.1)
All direct impacts to wetlands, watercourses, and buffers must be highlighted and summarized in a table on the
site plan. The water resource and buffer summary table must include wetland/watercourse identification number;
corresponding buffer width and acreage; total site, wetland, watercourse, ditch, and buffer acreages;
jurisdictional status; impacts to all water resources and buffers; and, mitigation types and acreages.
No
Review
Comments
(a.2) All indirect impacts (e.g., shading from boardwalks or public utility well drawdown) must be summarized in the document. No
Review
Comments
b.
A map with all proposed mitigation areas and their required buffers. The map must include a table of mitigation wetland
type and acreage and required buffers and acreage and a description of the functional unit gain of the wetland mitigation (as
determined by a state-accepted functional assessment method).
No
Review
Comments
c. The source, type and method of transport and disposal of any fill material to be used, and certification that the placement of
fill material will not violate any applicable state or federal statutes and regulations as listed in section 38.220.020. No
Review
Comments
d. Copies of the following:
(d.1) Any Clean Water Act (CWA) section 404 and 401 permits No
Review
Comments
(d.2) Any MT 301 permits No
Review
Comments
(d.3) Any floodplain determinations for the proposed site known to the applicant No
Review
Comments
(d.4) Any other applications, state or federal, for wetlands permits regarding the proposed site No
Review
Comments
(d.5) Any U.S. Army Corps of Engineers jurisdictional determinations regarding wetlands on the proposed and adjacent site No
Code section Code Requirement Submitted Y/N
or NA
Review
Comments
(d.6) If relevant, any Montana state joint applications for the proposed project site. No
Review
Comments
e. A completed wetland review checklist. Inadequate
Review
Comments A copy of the checklist was provided, but the items were not checked.
3. If in the preparation or review of the required submittal materials it is determined that there are unavoidable impacts to
wetlands and/or watercourses that will require a Federal Clean Water Act permit, then the following information must be
submitted to the city for all federal jurisdictional and city-regulated wetlands (see section 38.700.210 for definition) in a
compensatory mitigation report:
a. The descriptive narrative must include, at a minimum:
(a.1)
The name and contact information of the applicant; the name, qualifications, and contact information for the primary author
of the compensatory mitigation report; a description of the proposal; summary of the direct and indirect impacts and
proposed mitigation concept; identification of all the local, state, and federal wetland/stream-related permit required for the
project; and, a vicinity map for the project.
No
Review
Comments
(a.2)
A description of the existing wetland, watercourse and buffer areas that will be impacted including area based on
professional surveys; dominant vegetation; and functional assessments and wetland ratings for the entire wetland and the
portions proposed to be impacted.
No
Review
Comments
(a.3) An assessment of the potential changes in wetland hydroperiod for the proposed project and how the design has been
modified to avoid, minimize or reduce impacts to the wetland hydroperiod. No
Review
Comments
(a.4)
A description of the proposed conceptual mitigation actions for wetland, watercourse and buffer areas. Provide
specifications (including buffers) for all proposed mitigation for wetland/watercourse/buffer impacts. Include a map with all
proposed mitigation areas and their required buffers.
No
Review
Comments
(a.5) An assessment of existing conditions in the zone of the proposed mitigation including vegetation community structure and
composition, existing hydroperiod, existing soil conditions, and existing wetland functions. No
Code section Code Requirement Submitted Y/N
or NA
Review
Comments
(a.6)
Field data that was collected to document the existing conditions of the proposed mitigation sites and on which the future
hydrologic and soil conditions of the mitigation wetlands are based (e.g., hydrologic conditions: piezometer data, staff/crest
gage data, hydrologic modeling, visual observations; soil conditions: data from hand-dug or mechanical soil pits or boring
results). The applicant may not rely on soil survey data for establishing existing conditions.
No
Review
Comments
(a.7)
A planting schedule by proposed community type and hydrologic regime, size and type of plant material to be installed,
spacing of plants, "typical" clustering patterns, total number of each species by community type, timing of installation,
nutrient requirements, watering schedule, weed control, and where appropriate measures to protect plants from destruction.
Native species must comprise 80 percent of the plants installed or seeded within the mitigation site. Any irrigation installed
in these areas must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
No
Review
Comments
(a.8) The mitigation monitoring plan must include a period of not less than three years, and establish the responsibility for long-
term removal of invasive vegetation. No
Review
Comments
(a.9)
Wetland mitigation performance criteria (measurable standards reflective of expected development goals established for
each year after the mitigation site is established, i.e., "At the end of three years there will be an 80 percent survival of the
planted shrubs and trees.") for mitigation wetlands and buffers, a monitoring schedule, reporting requirements to the city,
and maintenance schedule and actions for each year of monitoring.
No
Review
Comments
b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:
(b.1) Existing wetland and buffer surveyed edges; proposed areas of wetland and buffer impacts; and, location of proposed
wetland and buffer compensation action. No
Review
Comments
(b.2)
Surveyed topography at one- to two-foot contour intervals in the zone of the proposed compensation actions if any grading
activity is proposed in the compensation area. Provide existing and proposed mitigation design cross section for the wetland
and/or buffer compensation areas.
No
Review
Comments
Code section Code Requirement Submitted Y/N
or NA
(b.3) Required wetland buffers for existing wetlands and proposed mitigation areas No
Review
Comments
c. A discussion of ongoing management practices that will protect and maintain the nonimpacted and mitigation wetland,
watercourse and buffer areas in perpetuity. No
Review
Comments
Additional comments:
Because this is an incomplete permit package, I did not address Sec. 38.610.080. – Review
Standards and Sec. 38.610.090. – Wetland permit conditions of the City Code. The
proponent did not provide enough information to address those sections. Other notes from the
005 Pre-Application Material are worth mentioning.
• Under 12. Waivers – The figure project site does not match the project site in the
other figures.
I look forward to the next iteration of this permit package. I hope this brief review is helpful
in your decision-making process. I would be happy to provide more detailed information or
discuss my opinions at any time.
Sincerely,
Naiad Aquatic Consultants, LLC.
William Kleindl, PhD, PWS