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HomeMy WebLinkAbout018.01 - Appendix J - Response to Niad Commentsengineerssurveyorsplannersscientists Memo 1 To: City of Bozeman – Project Dox Portal From: Christine Pearcy, Environmental Scientist Date: March 10, 2026 Job No.: 10130.004 RE: Response to Naiad Comments dated January 27, 2026 CC: Urgent For Review Please Comment Please Reply For Your Use This memo documents responses to NAIAD’s comments dated January 27, 2026 as they related to the Laurel Meadows Subdivision Wetland Mitigation and Monitoring Plan dated December 2025. 1. Topic: A functional assessment of the wetland, made in compliance with an assessment tool currently accepted by USACE and/or the State of Montana Review Comment: Yes presented, but I do not agree with the scoring. See extended notes below. Response: In the report, I presented a comparison between pre-project Wetland 3, Current Wetland 4 + Baxter Creek, and the Mitigated Wetland+Wetland 4 and Baxter Creek because they are geographically proximate, as they will certainly share subsurface hydrology. I have updated the MWAM Form and the table in the report to reflect just the presumed conditions of the mitigated wetland. 2. Topic: A narrative description of how the applicant will first avoid and, if avoidance is not possible, minimize and mitigate impacts to wetlands and watercourses. Review comment: Much of the fill of Wetland 3 is to create open space, there is no discussion of the need for the fill in the open space. Response: A robust discussion on Avoidance and Minimization Measures is provided in Section 2.2 of the Laurel Meadows Wetland Mitigation Report (Report). Section 2.3 of the Report provides a bulleted list of why Wetland 3 requires filling to achieve project goals. Although the existing wetland is primarily located within open space, its position conflicts with the site’s required grading, especially given the high groundwater table, which requires importing substantial fill. Even if the wetland were avoided, the required 2 Response to Naiad Comments dated January 27, 2026 setbacks would make several adjacent lots unusable and restrict the planned subdivision layout. 3. Topic: If development activities are proposed in or adjacent to watercourses of wetlands, the following additional information is required in the wetlands and watercourse delineation report: Review comment: No site plan with table provided on plan set, but a table was provided in the report. No list of proposed impacts on plan set, but a table is provided in the report. Buffers and setbacks are not provided on a plan devoted to wetlands alone. Wetland 4 continues off-site to the east, and the buffer appears to continue to the SE corner. Response: These tables are now on Drawing D-1. 4. Topic: Identify proposed mitigation consistent with the priorities listed in 38.610.100 and the rationale for the applicant’s preferred mitigation. Review comment: See extended notes below Response: The project owner has elected to mitigate proposed wetland impacts on site in accordance with Sec. 38.610.100 (1). “Impacts must be mitigated on-site where feasible to do so.” This is also discussed in Section 4.4 of the Report. 5. Topic: A description of the proposed mitigation for wetlands, watercourses, setbacks, and buffer areas, and how the design has been modified to first avoid, and if avoidance is not possible, then minimize or reduce impacts to the wetland hydroperiod. Provide specifications for all proposed compensatory mitigation for unavoidable impacts to wetlands and their buffers and to watercourses and their setbacks. Include a map and table with all proposed mitigation areas and their required buffers. Review comment: Setback and buffers are not provided. Earlier comments suggested moving the trail from the east of mitigation site to the west side to avoid buffer impacts. But the trail remains on the east side. Response: Setbacks are buffers are depicted on Drawings D-1 and D-2. In discussions with the City of Bozeman on February 26, 2026, it was decided that the trail was an amenity to the community and would remain where depicted on the drawings. The trail is gravel and is permeable. 6. Topic: An analysis of the anticipated post development hydrologic and soil conditions on the project site hydrologic and soil conditions of the mitigation wetlands abased on the proposed mitigation (e.g., data that demonstrate hydrologic conditions (e.g. piezometer data, staff/crest gage data, hydrologic modeling, visual observations; data that demonstrate soil conditions (e.g. data from hand-dug or mechanical soil pits or 3 Response to Naiad Comments dated January 27, 2026 boring results). The applicant may not rely on NRCS soil survey data for establishing existing conditions. Review comment: See extended notes below Response: Temporary monitoring wells will be installed to monitor water levels within the mitigated wetland for 5 years, as required by City code. Please see Report Section 6.4.1 for a discussion of soil nutrients in post development conditions. 7. Topic: A planting plan and schedule by proposed community type and hydrologic regime, size and type of plan material to be installed, spacing of plants, typical clustering patterns, total number of species by community type, timing of installation, nutrient requirements, watering schedule, weed control, and where appropriate, measures to protect plants from damage. Review comment: Not provided Response: The majority of this information was provided within the landscaping plans that were attached as Appendix H of the Mitigation and Monitoring Plan and discussed in narrative format in Section 6 of the report. • Planting plan and schedule by proposed community type and hydrologic regime – See Landscaping Plan (L001) • Size and type of Plant Material – See Landscaping Plan (L001) • Spacing of plants and typical clustering patterns – See Landscaping Plan (all pages) • Total Number of species by community type – see Landscaping Plan (L001) • Timing of Installation – Discussed in Section 6.4 of the Report Ideal timelines: o Seeding in the fall with the soil temperature around 60 degrees. o Wetland sod transplanting will occur in the early spring o Other plantings will occur in the spring/early summer or fall. • Nutrient requirements – See Landscaping Plan (Site Soil Prep on L001) • Watering Schedule – Depicted in Landscaping Plan L601 and discussed in Section 6.4.2 of the Report. Approximately 20-30 gallons a week for wetland trees and 10-15 gallons per shrub. Irrigation will likely occur 3 to 4 times a week for 60 minutes. • Weed Control – See Noxious Weed Management Plan (via Project Dox) • Measures to Protect Plants from Damage – See note under Plant Schedule- Parks Phase 1 in the Landscaping Plan 8. Topic: A mitigation monitoring plan must include a period of not less than five years and establish the entity responsible for long-term operations, maintenance, and monitoring 4 Response to Naiad Comments dated January 27, 2026 and the methods the applicant will use to ensure the mitigation meets the objectives established by the plan Review comment: Inadequate, See extended notes below Response: The report has been updated with “The mitigated wetland will be monitored for a minimum of 5 years. Additional years may be required by the City if performance standards are not met.” Temporary monitoring wells will be installed to monitor water levels within the mitigated wetland for 5 years, as required by City code. 9. Topic: Wetland mitigation performance criteria for mitigation wetlands and buffers (measurable standards reflective of expected development goals established for each year after the mitigation site is established e.g. “At the end of five years there will be an 80% a survival of the planted shrubs and trees” Review comment: Inadequate, see extended notes below Response: The mitigation performance criteria is modeled after US Army Corps of Engineers and Montana Department of Transportation Approach as referenced in Section 7 of the Report: Performance Standard Success Criteria Wetland Characteristics Meet the three parameter criteria for hydrology, vegetation, and soils as outlined in the 1987 Wetland Delineation Manual and 2010 Mountains, Valleys, Coast Region. Wetland Hydrology Soil saturation present for at least 12.5 percent of the growing season Hydric Soil Hydric soil conditions present or appear to be forming Soil is sufficiently stable to prevent erosion Soil is able to support plant cover Hydrophytic Vegetation Achieved where combined absolute cover of facultative or wetter species is ≥80 percent Montana State-listed noxious weeds do not exceed 10 percent aerial cover. 5 Response to Naiad Comments dated January 27, 2026 Planted trees and shrubs will be considered successful where they exhibit 60 percent survival after 5 years. Open Water It is the intent of the project to provide open water during spring and early summer within the excavated depression. As the growing season progresses and the groundwater levels recede, it is anticipated that the vegetation will germinate within the depression. Open water with submerged or floating vegetation will be considered successful. Upland Buffer Noxious weeds do not exceed 5 percent cover within upland buffer areas. Upland buffer must have at least 50 percent aerial cover of non-weed species by end of monitoring period. Weed Control Will be based upon annual monitoring of the site to determine weed species and degree of infestation within the site. Weed control will be provided in accordance to the approved Gallatin County Noxious Weed District Noxious Weed Management Plan for Developments by an approved weed treatment contractor. 10. Topic: The surveyed edges of existing wetlands and buffers; the proposed location and acreage of wetlands and buffer impacts; and the location of proposed wetland and buffer mitigation areas. Review comment: Not provided. Response: The boundary of the existing wetlands were surveyed by a Licensed Surveyor. The buffer areas were established in CAD by measuring the appropriate distance from the surveyed boundary to the required buffered space. Locations of the existing wetlands and buffers; the proposed location and acreage of wetlands and buffer impacts; and the location of proposed wetland and buffer mitigation areas can be found on the following figures within the Mitigation and Monitoring Plan: Drawings D-1 and D-2. 6 Response to Naiad Comments dated January 27, 2026 11. Topic: Surveyed topography at half-foot contour intervals in the area of the proposed mitigation if any grading activity is proposed in the proposed mitigation area. Review Comment: Not provided Response: Half-foot contour intervals are provided on Drawing D-2. 12. Topic: A description of ongoing management practices that will protect and maintain any nonimpacted wetland areas and the proposed mitigation wetland, watercourse and buffer areas. Review Comment: Not provided Response: All other wetlands are protected under existing deed restrictions. The Declaration of Protective Covenants, Conditions and Restrictions for Laurel Meadows Subdivision Exhibit C – Park and Open Space Maintenance Plan provides details on the on-going maintenance practices that will occur within City Parks. With the creation of the City-Wide Park Maintenance District, the City of Bozeman maintains responsibility for all maintenance of recreation and other facilities within dedicated parks. The neighborhood associated will be responsible for liability insurance, local taxes, and maintenance of recreation and other facilities in the Open Spaces, including within limitation common properties, paths and trails, facilities, centers, and adjacent sidewalks and/or landscaping in street boulevards. The Declaration of Protective Covenants available in City of Bozeman Project Docx Portal for this project. 13. Topic: If agricultural water user facilities are present, then the development application must include application materials required pursuant to 38.220.060, 38.360.280, and 38.410.060. Review comment: Not provided for Wetland 4 and associated ditch. Response: As a part of the City of Bozeman’s Ditch Noticing process (BMC38.360.280), Morrison-Maierle reviewed the Agricultural Water User Facilities and water rights associated with the subject property. Based on the findings documented in the Agricultural Water User Facility memo, the following information is highlighted: • No known water rights are associated with the subject property except for the stock water rights owned by the landowner. • The property contains a relic private irrigation ditch that is abandoned and non- operational. It runs along the west side of Baxter Creek and has no source flow or outflow. The ditch infrastructure is deteriorated and does not convey water. • Baxter Creek and associated wetlands will remain undisturbed. There are no proposed impacts to Baxter Creek or the remnant private ditch. • The Montana DNRC Water Rights Query System shows that the only active water rights on the property are for stock use. 7 Response to Naiad Comments dated January 27, 2026 • A Ditch Notice letter was sent to Farmers Canal Company was sent on November 11, 2025. No response was received. • The Agricultural Water User Facility Memo is available for reference in the City of Bozeman Project Dox Portal for this project. 14. Topic: An as-build plan of the affected area within six months of completion. Review comment: Not mentioned. Response: It is affirmed that an as-built plan of the affected area will be submitted within six months of completion. 15. Topic: The watercourse setbacks must be measured from the ordinary high-water mark as defined in 38.700.090 and as depicted on Figure 38.410.100-1. Review comment: Not provided on plan Response: Watercourse setbacks are measured from the ordinary high-water mark on the following Drawings D-1 and D-2. 16. Topic: The setback must extend to the delineated boundary of the regulated flood hazard area pursuant to 38.600.130.B. where the regulated flood hazard boundary is larger than the setbacks established in this subsection D.2. Review comment: Not provided on plan Response: There is not a defined floodplain associated with Baxter Creek as it has not been mapped as part of the FEMA process. Morrison Maierle surveyed the 40-acre property, including the waterways with GPS survey equipment. Cross sections were developed approximately every 100 feet along each waterway in AutoCad. Bentley Flowmaster V10.02 was used to analyze each cross section to determine the water surface elevation for the given flow rate. The water surface elevation was then mapped in AutoCad to show the extents of flooding in the current condition and areas that will require grading. All of these data, including maps and former studies are included within the Flood Hazard Report for West Park Subdivision (now Laurel Meadows) dated May 2, 2022 and is available for reference in the City of Bozeman Project Dox Portal for this project. 17. Topic: The setback must incorporate a minimum 50-foot wetland setback from the delineated boundary of any wetlands adjacent to the watercourse. Review Comment: Not provided on plan Response: A 50-foot setback from the delineated boundary of wetlands adjacent to Baxter Creek is indicated on the Drawing D-1. 18. Topic: On-site stormwater treatment facilities may be located in Zone 2 Review comment: Not provided on plan. Additionally Wetlands 2 and 5 are considered stormwater but no details are provided. 8 Response to Naiad Comments dated January 27, 2026 Response: Stormwater treatment facilities are identified on Drawing D-1 Wetland Overview. Additionally, as-builts for Wetlands 2 and 5 in Appendix E of the Report. 19. Topic: Trails, and trail-related improvements, such as benches and trail signage, may be placed in Zone 2. Review comment: Earlier comments suggested moving the trail from the east of the mitigation site to the west side to avoid buffer impacts. But the trail remains on the east side. Response: In discussions with the City of Bozeman on February 26, 2026, it was decided that the trail was an amenity to the community and would remain where depicted on the drawings. The trail is gravel and is permeable. 20. Topic: Limited, non-looping developed spur trails to the edge of the watercourse may cross all zones. Benches and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails; Review comment: Earlier comments suggested moving the trail from the east of the mitigation site to the west side to avoid impacts. But the trail remains on the east side. No details are provided and plantings on the NE portion of the site adjacent to Wetland 4. Response: In discussions with the City of Bozeman on February 26, 2026, it was decided that the trail was an amenity to the community and would remain where depicted on the drawings. The trail is gravel and is permeable. 21. Topic: Due to topography, avoidance of wetlands, or geographical constraints, portions of non-spur trails may be placed in Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails may not exceed the length of 300 percent of the width of the applicable watercourse setback per 500 lineal feet of watercourse. Review comment: Earlier comments suggested moving the trail from the east of the mitigation site to the west side to avoid impacts. But the trail remains on the east side. No details are provided and plantings on the NE portion of the site adjacent to Wetland 4. Response: Setbacks are buffers are depicted on Drawings D-1 and D-2. In discussions with the City of Bozeman on February 26, 2026, it was decided that the trail was an amenity to the community and would remain where depicted on the drawings. The trail is gravel and is permeable. 22. Topic: All trails must be constructed to minimize bank instability sedimentation, nutrient and pollution runoff. Trails must be aligned to minimize damage to plant and wildlife habitat. 9 Response to Naiad Comments dated January 27, 2026 Review comment: Earlier comments suggested moving the trail from the east of the mitigation site to the west side to avoid impacts. But the trail remains on the east side. No details are provided and plantings on the NE portion of the site adjacent to Wetland 4. Response: In discussions with the City of Bozeman on February 26, 2026, it was decided that the trail was an amenity to the community and would remain where depicted on the drawings. The trail is gravel and is permeable. 23. Topic: Construction must be capable of withstanding 100-year flood events Review comment: Contingent on floodplain analysis Response: There is not a defined floodplain associated with Baxter Creek as it has not been mapped as part of the FEMA process. Morrison Maierle surveyed the 40-acre property, including the waterways with GPS survey equipment. Cross sections were developed approximately every 100 feet along each waterway in AutoCad. Bentley Flowmaster V10.02 was used to analyze each cross section to determine the water surface elevation for the given flow rate. The water surface elevation was then mapped in AutoCad to show the extents of flooding in the current condition and areas that will require grading. All of these data, including maps and former studies are included within the Flood Hazard Report for West Park Subdivision (now Laurel Meadows) dated May 2, 2022 and is available in the City of Bozeman ProjectDox Portal. 24. Topic: A bank stabilization plan for all watercourse crossings must be prepared and approved by the review authority prior to site preparation and installation of the improvements. Review comment: Contingent on floodplain analysis. Response: No watercourse crossings are proposed therefore a bank stabilization plan for watercourse crossings is not required. 25. Topic: Outlets from stormwater treatment facilities may pass through all zones, provided that all required permits are obtained. Stormwater facilities must be designed to prevent the discharge of untreated stormwater directly into a watercourse. Review comment: Wetlands 2 and 5 are considered stormwater, but no details are provided. No details on stormwater plan. Response: Stormwater treatment facilities are identified on Drawing D-1: Wetland Overview. Additionally, as-builts for Wetlands 2 and 5 are available in Appendix E of the Report and the Storm Water Design Report for Laurel Meadows Subdivision dated November 2025 is available in the City of Bozeman Project Dox Portal for this project. No untreated stormwater will discharge directly into a watercourse. 10 Response to Naiad Comments dated January 27, 2026 26. Topic: Ongoing control of noxious weeds by the property owner is required and activities required within limits outlined in any approved noxious weed control plan may occur in all zones. Review comment: See detailed notes below Response: The entire property is managed under an approved noxious weed management plan signed by the landowner and the Gallatin County Noxious Weed Board. Within the covenants, the following language exists: A weed control program will be developed that conforms to the requirements of the City of Bozeman, Gallatin County Weed Control Board Supervisor and NRCS. This program will consist of an annual visit in June to spot spray where necessary, including trails and sidewalks. Weeds will be sprayed by a licensed contractor, according to industry and local standards, on a regular basis, using appropriate applications and products. The utmost care will be taken to protect water sources, park users and adjacent property owners. The City of Bozeman shall be notified of all applications of pesticides and/or herbicide on public lands. Signs shall be posted prior to application in appropriate and noticeable locations identifying the product applied and the date applied. Signs will remain in place for a minimum of two days after treatment. Records shall be maintained in accordance with State of Montana Pesticide Act, Administrative Rule 4.10.207 and copies submitted to the City of Bozeman Parks Division. 27. Topic: Zone 1 must be revegetated with new or existing materials suited for riparian area based on the following….. Review comment: Because the buffer/setbacks are not clearly established on the plan, I cannot determine. However all plants labeled wetland/storm area enhancement are native except for Penstemon eatonii, which is not native to Montana. Response: Penstemon eatonii is removed from the species list. All buffers and setbacks are clearly labeled in the Landscape Plans. 28. Topic: Zone 2: Disturbed areas of Zone 2 must be revegetated with new or existing native grasses suited for the area. Plantings in this area must be maintained in a natural state consistent with the approved setback planting plan and managed for good plant health. Review comment: Because the buffer/setbacks are not clearly established on the plan, I cannot determine. However all plants labeled wetland/storm area enhancement are native except for Penstemon eatonii, which is not native to Montana. Response: Penstemon eatonii is removed from the species list. All buffers and setbacks are clearly labeled in the Landscape Plans. 29. Topic: Use of native grasses, forbs, sedges, trees, and other herbaceous plants in areas of disturbance within the watercourse setback is required. 11 Response to Naiad Comments dated January 27, 2026 Review comment: Because the buffer/setbacks are not clearly established on the plan, I cannot determine. However all plants labeled wetland/storm area enhancement are native except for Penstemon eatonii, which is not native to Montana. Response: Penstemon eatonii is removed from the species list. All buffers and setbacks are clearly labeled on Landscaping Plans. 30. Topic: The functions and values described and as determined by a USACE accepted method of functional assessment of the wetland that may be affected by the proposed regulated activity; Review comment: See extended notes below Response: In the report, I presented a comparison between pre-project Wetland 3, Current Wetland 4 + Baxter Creek, and the Mitigated Wetland+Wetland 4 and Baxter Creek because they are geographically proximate, as they will certainly share subsurface hydrology. I have updated the MWAM Form and the table in the report to reflect just the presumed conditions of the mitigated wetland. 31. Topic: The extent and permanence of adverse effects of the regulated activity on the wetland as any associated watercourse. Review comment: Not provided. Response: The proposed regulated activity will result in the complete, permanent fill of one isolated wetland (Wetland 3). This impact is localized and confined to the wetland area being filled and does not extend to Baxter Creek or any associated watercourse, as Wetland 3 has no hydrologic connection to the creek or its adjacent riparian wetlands. The permanence of the impact is limited to the filled wetland footprint. Although the impact is permanent, it is being fully mitigated onsite, consistent with City of Bozeman’s preferred mitigation approach, which prioritizes on-site replacement of wetland functions and values before considering off-site mitigation. The onsite mitigation area has been designed to replace and enhance hydrologic, vegetative, and habitat functions, and is located adjacent to existing wetland and riparian resources, thereby increasing functional connectivity and long-term ecological value. Short-term construction-related disturbances (e.g., temporary soil exposure, vegetation removal, minor sedimentation potential) will be minimized through BMPs and will dissipate once grading and revegetation are complete. No adverse effects, temporary or permanent, are expected to occur to Baxter Creek or its hydrologically connected wetland systems. Overall, while the fill of Wetland 3 is a permanent impact, the ecological loss is fully offset through on-site compensatory mitigation, ensuring no net loss of wetland function and long-term protection of watercourse resources. 12 Response to Naiad Comments dated January 27, 2026 32. Topic: The applicants demonstration that any unavoidable adverse impacts on the wetland may have been minimized. Review Comments: See extended notes below Response: Unavoidable impacts to Wetland 3 have been minimized through a combination of site design choices, preservation of high-value wetlands, functional justification and on-site ecological restoration that provides substantially greater long- term wetland function than the impacted wetland. 33. Topic: The applicant’s demonstration that the activity will result in minimal impairment to any wetland function, including plant, animal or other wildlife species listed as threatened, endangered under federal low or species of concern, potential concern or species of the state: Review comments: See extended notes below Response: Morrison Maierle prepared a wildlife assessment for the Laurel Meadows Subdivision property. The memo concluded that the absence of T&E species and critical habitat, lack of suitable habitat for species of concern, a creation of a wetland mitigation site, and the incorporation of basic tenants of FWP-recommended protective design measures demonstrates that the proposed subdivision will result in minimal impairment to area wildlife communities and habitat. The Wildlife Assessment at Laurel Meadows technical memo dated March 2026 is available for reference in the City of Bozeman Project Dox Portal for this project. 34. Topic: Minimum Wetland Buffer – all development must provide a minimum wetland buffer of 25 feet from the edge of the delineated wetland, wherein any disturbance to the wetland buffer, including construction activities, is prohibited. The review authority may require a larger wetland buffer based on the report. Review comment: Not provided on plan Response: Wetland Buffers are reflected on the following Drawings D-1 and D-2 and the Landscaping Plan set. 35. Topic: Notwithstanding the minimum wetland buffer, requiring a wetland buffer of a size appropriate for the proposed activity and the regulated wetland as determined by the review authority. Review comment: Because this is a mitigation site, the site should consider a 50-foot buffer to protect the new wetland as it develops. Response: There is a 25-foot buffer around the mitigated wetland, as required by the City code. While not a “formal” buffer, the buffer itself is surrounded by City park land. No development, other than that for recreation, will occur within the City park property. This maintains the hydrologic integrity of the site while minimizing disturbance from 13 Response to Naiad Comments dated January 27, 2026 development pressures. The mitigation site is not directly connected to the Baxter Creek wetland complex and is therefore not required to maintain a 50-foot buffer. 36. Topic: Modifying proposals for waste disposal, stormwater or water supply facilities. Review comment: Stormwater details is not provided Response: Stormwater treatment facilities are identified on Drawing D-1: Wetland Overview. Additionally, as-builts for Wetlands 2 and 5 are available in Appendix E of the Report and the Storm Water Design Report for Laurel Meadows Subdivision dated November 2025 is available for reference within the City of Bozeman ProjectDox Portal for this project. 37. Topic: Requiring protective covenants between the landowner and the city regarding the future development, use, and subdivision of lands, including but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation removal. Review comment: inadequate Response: All other wetlands are protected under existing deed restrictions. The Declaration of Protective Covenants, Conditions and Restrictions for Laurel Meadows Subdivision Exhibit C – Park and Open Space Maintenance Plan provides details on the on-going maintenance practices that will occur within City Parks. With the creation of the City-Wide Park Maintenance District, the City of Bozeman maintains responsibility for all maintenance of recreation and other facilities within dedicated parks. The neighborhood associated will be responsible for liability insurance, local taxes, and maintenance of recreation and other facilities in the Open Spaces, including within limitation common properties, paths and trails, facilities, centers, and adjacent sidewalks and/or landscaping in street boulevards. The Declaration of Protective Covenants are available for reference within the City of Bozeman ProjectDox Portal for this project. 38. Topic: Requiring a protective covenant between the landowner and the city stating the measures that will be taken to protect all water resources, mitigation, and buffer areas. Review comment: inadequate Response: All other wetlands are protected under existing deed restrictions. The Declaration of Protective Covenants, Conditions and Restrictions for Laurel Meadows Subdivision Exhibit C – Park and Open Space Maintenance Plan provides details on the on-going maintenance practices that will occur within City Parks. With the creation of the City-Wide Park Maintenance District, the City of Bozeman maintains responsibility for all maintenance of recreation and other facilities within dedicated parks. The neighborhood associated will be responsible for liability insurance, local taxes, and maintenance of recreation and other facilities in the Open Spaces, including within limitation common 14 Response to Naiad Comments dated January 27, 2026 properties, paths and trails, facilities, centers, and adjacent sidewalks and/or landscaping in street boulevards. The Declaration of Protective Covenants are available for reference within the City of Bozeman ProjectDox Portal for this project. 39. Topic: Requiring erosion control and storm water best management practices (BMPs) Review comment: Contingent on SWPPP Response: The selected contractor will be responsible for applying for coverage under the General Permit for Stormwater Discharge Associated with Construction Activity (MTR100000). A Stormwater Pollution Protection Plan (SWPPP) will be developed and administrated by certified staff. 40. Topic: Modifying the project design to ensure a reliable source and flow of water to the regulated wetland. Review comment: See Comment below Response: The project involves the establishment of a depressional wetland to replace the depressional wetland that is being filled. The source of hydrology to this wetland is groundwater to the wetland that is being filled and the wetland that is being established is groundwater. Groundwater is also the source of hydrology to the created wetlands associated within Bronken Park. Historic groundwater monitoring indicates that groundwater will be a reliable source of water to the mitigated wetland site. The hydroperiod is discussed in Section 5 of the Report. Hydrology is discussed in Section 4.2 of the Report. 41. Topic: Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland functions: Review comment: Deed restriction, but detail on protective covenants are not provided. Response: The Declaration of Protective Covenants, Conditions and Restrictions for Laurel Meadows Subdivision Exhibit C – Park and Open Space Maintenance Plan provides details on the on-going maintenance practices that will occur within City Parks. With the creation of the City-Wide Park Maintenance District, the City of Bozeman maintains responsibility for all maintenance of recreation and other facilities within dedicated parks. The neighborhood associated will be responsible for liability insurance, local taxes, and maintenance of recreation and other facilities in the Open Spaces, including within limitation common properties, paths and trails, facilities, centers, and adjacent sidewalks and/or landscaping in street boulevards. The Declaration of Protective Covenants are available for reference within the City of Bozeman ProjectDox Portal for this project. 15 Response to Naiad Comments dated January 27, 2026 42. Topic: Requiring a mitigation monitoring report to be submitted to the review authority (the period and frequency of the reporting will be determined on a case-by-case basis). Review comment: See comments below Response: The mitigation site will be monitored for 5 years. 43. Topic: Requiring that all reasonable effort be made to limit indirect impacts to vegetation and hydrological connectivity in the site design. Review comment: Not provided Response: The current vegetation on the subject property is mainly noxious weeds and tall tumble mustard. Additionally, a large part of the mitigation area is a large borrow-pit. The current vegetation will be disturbed and the site will be revegetated and treated for noxious weeds. Hydrological connectivity will be maintained by maintaining permeable surfaces for recreation installations within the mitigation buffer and the surrounding Park area. 44. Topic: Impacts must be mitigated on-site where feasible to do so. Using an approved wetland function assessment methodology, the replacement function and value of the on-site mitigation wetland must meet or exceed the functions and values of the impacted wetland. Review comment: Inadequate Response: In the report, I presented a comparison between pre-project Wetland 3, Current Wetland 4 + Baxter Creek, and the Mitigated Wetland+Wetland 4 and Baxter Creek because they are geographically proximate, as they will certainly share subsurface hydrology. I have updated the MWAM Form and the table in the report to reflect just the presumed conditions of the mitigated wetland.