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Home My WebLink About12 1825 W Kagy_Ditch NoticingDITCH 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 BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT | SPOKANE, WA | LEWISTON, ID | WATFORD CITY, ND | MEDIA, PA 406.586.0277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 MEMORANDUM Date: May 4, 2026 TDH Job No.: B26-010 To: City of Bozeman Engineering Department From: Cody Croskey, PE Subject: 1825 W. Kagy Affordable Housing Ditch Noticing A Middle Creek Ditch Company ditch lateral exists in a 30” RCP pipe along the west side of the property, within the right-of-way of S. 19th Avenue. The site plan for this project proposes constructing a new driveway approach over this pipe to S. 19th Avenue. No impacts or alterations to the exiting pipe are expected or proposed. I reached out to Kevin Haggerty with the Middle Creek Ditch Company via phone and email on April 6, 2026 to present the concept plan and ask if there are any concerns or requirements with adding the proposed driveway. I followed up with Mr. Haggerty via phone on April 24, 2026 and confirmed they had received the concept plans. He said they didn’t foresee any issues with the new driveway but will likely be drafting up an agreement to formalize it. A copy of the information emailed to the Mdlle Creek Ditch Company on April 6, 2026 is attached for reference. Sincerely, Cody Croskey PE Civil Engineer TD&H ENGINEERING I:\2026\BOZ\B26-010 Kagy LIHTC \05_DESIGN\CIVIL\Ditch Noticing\1825 W KAGY DITCH NOTICING MEMO.DOC 1 Cody Croskey From:Cody Croskey Sent:Monday, April 6, 2026 10:39 AM To:khaggertydrilling@gmail.com (khaggertydrilling@gmail.com) Subject:1825 Kagy Affordable Hosing - Middle Creek Ditch Crossing Attachments:007 1825 W Kagy C100 Existing & Demo Plan.pdf; 008 1825 W Kagy C200 Civil Plan.pdf Hi Kevin, Thanks for taking my call this morning. Aached are our concept plans for a new affordable housing project at the NE corner of 19th & Kagy in Bozeman (the former Church of Christ property). As I men,oned on the phone, the project is proposing a new driveway out to S. 19th Ave. that would need to cross over what the city is showing as a 30” concrete pipe for Middle Creek Ditch. The goal would be to keep the new driveway at or near exis,ng grade over the pipe, and not disturb the pipe at all. Please take a look when you have a chance and let me know if the ditch company would have any ques,ons, concerns, or special requirements for a new driveway at this loca,on. Thanks! Cody Croskey, P.E. | Civil Engineer & Principal TD&H Engineering 234 E. Babcock, Suite 3 | Bozeman, MT 59715 t: 406.586.0277 | d: 406.602.4091 | c: 406.580.0685 www.tdhengineering.com EFWTRACT ACOS 573HAWKS RIDGE CONDO MASTER(HWKSRDGCND)TRACT BCOS 573YMA PROPERTIES LLC(RGG9916)SDSDSDWWWWWSSLOT 2AMENDED PLAT REMINGTONADD. (I-20-A)REMINGTON CONDO MASTER(REMICONMST)LOT 1AMENDED PLAT REMINGTONADD. (I-20-A)CENTENNIAL INVESTORS LLC(RGG1352)SSSSSSWWWWWWWSSDEMO EX.IRRIGATIONWELLN89°40'58"E 402.42'S89°40'47"W 403.20'N00°19'41"E 363.48'491549164917491849194920 4914DEMO EXISTINGBUILDINGDEMO ASPHALTPARKING LOTLOT 7 LESS MDT R/W 2.899 ACRESCOMPUTED AREA 126301 SFTRACT B LESS MDT R/W 0.461 ACRESCOMPUTED AREA 20100 SFDEMO SIGNPOST BASESDEMO GARDENDEMO EXISTINGDRIVEWAYDEMO SHEDEX. SEWERMANHOLEDEMO ALL BOLLARDSON PROPERTYDEMO LIGHT POLERELOCATESHED NORTHRELOCATE FIREHYDRANT 27' NORTHRELOCATE ALL UTILITY BOXESNORTH OF PROPERTY LINEAND BURIED LINES AS-NEEDEDDEMO EX. CURB &SIDEWALK FORNEW DRIVE ACCESS30' UTILITYEASEMENT40' UTILITYEASEMENT30' UTILITYEASEMENTACCESS EASEMENTW. KAGY BLVD.S. 19TH AVE.EX. METAL FENCEEX. SIGN90' R.O.W.~135' R.O.W.PRIVATE DRIVE DEMOPLAYGROUNDDEMO EX. WATER, SEWER,ELEC., GAS, & DATA SERVICESEX. 12" WATEREX. 8" WATEREX. 8" WATEREX. 10" SEWEREX. 8" SEWEREX. 8" SEWEREX. 30" IRRIGATION PIPE(MIDDLE CREEK DITCH)EX. 18" STORMEX. 24" IRRIGATION PIPE(MIDDLE CREEK DITCH)EX. 24" WATEREXISTINGSIDEWALKEXISTING STREET LIGHT (TYP.)PROPERTYBOUNDARYDEMO EX. CURB, SIDEWALKFENCE, & TREE FOR NEWDRIVE ACCESSEX. FIREHYDRANTS00°12'21"W 363.45'EX. 6" WATERDEMO SHRUBSAGGREGATE LOTS TOREMOVE INTERNALPROPERTY LINEKAGY ROADWAY DEMOPER MDT PROJECTEX. GASEX. 6" WATERSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B26-010 C100 DEMOREV DATE REVISION NOT FORCONSTRUCTION 1825 W KAGY - WOODWARD FLATS BOZEMAN, MONTANA EXISTING CONDITIONS & DEMO PLAN B26-0102.24.26.DWGC100CJCEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com030'60'90'S C A L E EFWTRACT ACOS 573HAWKS RIDGE CONDO MASTER(HWKSRDGCND)TRACT BCOS 573YMA PROPERTIES LLC(RGG9916)SDSDSDWWWWWSSLOT 2AMENDED PLAT REMINGTONADD. (I-20-A)REMINGTON CONDO MASTER(REMICONMST)LOT 1AMENDED PLAT REMINGTONADD. (I-20-A)CENTENNIAL INVESTORS LLC(RGG1352)SSSSSSWWWWWWSSHCHCHCHCHCCCCCCCCCCCHCN89°40'58"E 402.42'S00°12'21"W 363.45'S89°40'47"W 403.20'N00°19'41"E 363.48'W. KAGY BLVD.S. 19TH AVE.90' R.O.W.~135' R.O.W.EX. 12" WATEREX. 24" WATEREX. 8"WATEREX. 8" WATEREX. 6" WATEREX. 10" SEWEREX. 8" SEWEREX. 8" SEWEREX. 30" IRRIGATION PIPE(MIDDLE CREEK DITCH)EX. 18" STORMEX. 24" IRRIGATION PIPE(MIDDLE CREEK DITCH)NEW KAGY ROADWAY AND SIDEWALK/PATHIMPROVEMENTS TO BE COMPLETED BY MDTAS SHOWN IN THE 10/4/2025 PRELIMINARYROAD PLANS FOR FEDERAL AID PROJECTSTPU-SSS-1212(8)RELOCATE FIRE HYDRANTNEW SEWER SVCS.NEW COMMERCIALARTERIAL DRIVE ACCESS(RIGHT-IN/RIGHT-OUT ONLY)EXISTINGCONCRETEMEDIANVISION TRIANGLEEX. 6" WATERRELOCATE UTILITY BOXESNEW TRANS.NEW FIRE/WATERSERVICESWIDEN EXISTINGSIDEWALKEXISTING STREET LIGHT (TYP.)VISION TRIANGLEVISION TRIANGLE(W/ TRAFFIC SIGNAL)320' ACCESS SPACING(PARTIAL ACCESS)PROPERTYBOUNDARYNEW ASPHALTPARKING LOT161 TOTAL SPACES(10 COMPACT &6 ADA)EX. FIREHYDRANTPRIVATE DRIVE SUB-SURFACE STORMWATER FACILITYNEW 15' PUBLICSTREET EASEMENT10' P.U.E.FDCNEW GAS METER10'NEW FIRE HYDRANTELEC.METERSRELOCATE UTILITY BOXES24'10' P.U.E.10' P.U.E.NEW ELEC. SVC.ROOF DRAINROOF DRAIN (TYP.)BIKE STORAGESUB-SURFACE STORMWATER FACILITY20'9'24'18'8'9' SIDEWALKBIKE STORAGEBIKE STORAGEELEC.METERSELEC.METERS24'HEATEDDUMPSTERTIP PAD40' UTILITYEASEMENT30' UTILITYEASEMENTEXTEND ACCESS EASEMENTEX. ACCESSEASEMENTNEW PUBLIC OUTDOOR SPACEPER BMC 38.260.110.B.3.b& BMC 38.260.30.B.3.e40'40'NEWAPARTMENTBUIDING30' UTILITYEASEMENTSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B26-010 C200 CIVILREV DATE REVISION NOT FORCONSTRUCTION 1825 W KAGY - WOODWARD FLATS BOZEMAN, MONTANA CONCEPTUAL CIVIL SITE PLAN B26-0102.24.26.DWGC200CJCEngineering 234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715 406.586.0277 • tdhengineering.com030'60'90'S C A L E