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HomeMy WebLinkAbout018 - Ditch NoticeDITCH AGRICULTURAL WATER USER FACILITIES NOTICE CHECKLIST Wetland Review Checklist Page | 1 Revision Date: March 2026 The notice process for agricultural water user facilities at BMC 38.310.010 (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. 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, planned development zones. A.APPLICABILITY OF THE DITCH NOTICE PROCESS TO THE PROPOSED DEVELOPMENTAPPLICATION 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 38.310.010, 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 mailing address indicated on the company’s water rights abstracts. III. DITCH NOTICE PROCESS I. PURPOSE II. APPLICABILITY DITCH NOTICE CHECKLIST Page 2 Of 2 Revision Date: March 2026 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 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. Alfred M. Stiff Professional Building 20 East Olive Street Bozeman, MT 59715 phone 406-582-2260, #5 fax 406-582-2263 engsubmittals@bozemanmt.gov www.bozeman.net/planning CONTACT US cushingterrell.com MEMORANDUM Date: April 30, 2026 To: Middle Creek Ditch Co. From: Maggie Miranda, EIT RE: Impacts to Existing Middle Creek Ditch Along 19th Ave Pursuant to the City of Bozeman Ditch Noticing Requirements, this letter serves as formal notice of proposed construction activities that will affect your irrigation ditch located along 19th Ave, south of Kagy Blvd. DESCRIPTION OF PROPOSED WORK The proposed improvements include the following: - Removal of the existing flared end section and weir plate associated with the current culvert crossing. - Installation of a new 24” culvert within your irrigation ditch, to be connected to the existing culvert under Kagy Blvd with precast concrete manhole and extending south along 19th Ave. Construction activities will be completed in a manner intended to maintain ditch functionality and minimize disruption. All work will be performed in accordance with applicable City of Bozeman standards and any additional requirements provided by the ditch owner. RESPONSE REQUIREMENT In accordance with City of Bozeman Ditch Noticing standards, you are hereby provided forty-five (45) days from the date of this notice to review the proposal and submit written comments, conditions, or objections. If no response is received within the 45-day review period, it will be assumed that you have no objection to the proposed improvements as described. Thank you, Maggie Miranda, EIT ss ss ss ss ss ss ssssssssssss ssbpbpbp bpbpbpbpbpbpbpbpbpbpbpbpbp bp bp bp bp bp bp bp bp bp oh oh oh oh oh oh oh oh oh oh ohgasgasg a s gasgasgasgasgasgasgasgasgasgasgasgasgasgasgasgasgasbt bt bt bt bt bt bt bt bt bt btbt bt bt bt bt bt bt bt bt bt bt bt bt bt bt bt bt bt bt btWSSEEEE ETTTTTFOFOFOFOTTTTTTTwm wmwmwmwmwmwmwmwmwmwmwmwmwmwmwmwm wmTEEX XSSDstssssssSstDwmwmwmwmELot 3AMinor Subd ivision 503CCommon Open Space AMinor Subdivision 503CPublic Right-of-Way DedicationMinor Subdivision 503CKagy BoulevardWidth VariesSouth 19th Avenue Width Varies S 88°36'18" E 191.26' (R1)S 89°52'03" E 191.26' (M)S 28°49'39" E9.81' (C)S 27°33'54" E9.81' (R1)S 00°20'06" W 245.17' (M) S 01°33'21" W 245.27' (R1)S 89°44'45" W 126.63' (M)N 88°56'52" W 126.64' (R1)N 01°03'08" E 44.41' (R1) N 00°12'23" W 44.48' (M)S 89°44'40" W 81.63' (M)N 88°56'52" W 81.67' (R1)S 00°12'31" E20.80' (M)S 01°03'08" W20.83' (R1)S 89°45'28" W 33.87' (C)N 88°56'53" W 34.00' (R1)N 01°03'08" E 179.47' (R1)N 00°12'37" W 179.44' (C)S 88°56'52" E 48.50' (R1)N 89°47'23" E 48.50' (C)N 01°03'08" W 51.97' (R1)N 00°12'37" W 51.97' (C)Lot 2A-1Minor Subdivision 503CArea = 1.262 acres10' Public Utility EasementPer Minor Subdivision 50310' Public Utility Easement Per Minor Subdivision 503 30' Sewer and Water and Access EasementDocument No. 2471376 30' Easement perDocument No. 2471376Easement perDocument No. 2841657Middle Creek Ditch PROPOSED BUILDING15,057 SF4921.00 FFEHY D EXISTING MIDDLE CREEK DITCH. COORDINATE WITH DITCH COMPANY FOR NEW CULVERT DSTSTEXISTING 24" CULVERTNEW MANHOLE FORCULVERT CONNECTIONNEW 24" CULVERTNEW FLARED ENDSECTION.EXISTING WEIR PLATETO BE REMOVED.EXISTING FLARED ENDSECTION TO BEREMOVED.©| ALL RIGHTS RESERVED®DRAWN BY |REVISIONSREVIEWED BY |DESIGNED BY |PROJ# |BOZEMAN BRANCH WHITEFISH CREDIT UNION2026SITE PLAN SUBMITTAL 04.30.2026WFCU_BOZ4/30/2026 8:38 AM | L:\WFCU_BOZ\BIMCAD\Civil\Sheets\WFCU_BOZ_Ditch Exhibit.dwgEX.1MIDDLE CREEKDITCH EXHIBITMIRANDAMIRANDASCHLEGEL-1EX.1MIDDLE CREEK DITCH EXHIBIT0102040SCALE: 1" = 20'NORTH