HomeMy WebLinkAboutCollege Street Trail Connection
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Thom White, Superintendant of Parks and Cemetery
Ron Dingman, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT: College Street Trail Connection
MEETING DATE: August 24, 2009
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve the College Street Trail Connection as proposed in the
August 13, 2009 Wetland and Clean Water Act Jurisdictional and Trail Location Assessment.
BACKGROUND: On April 27, 2009 in a 5 – 0 vote the Bozeman City Commission directed
staff “to work with the Gallatin Valley Land Trust [GVLT] to construct a trail connection from
Black Avenue at College Street to connect east to the Gallagator Trail System in consultation
with the homeowner’s association at College Street Condos” (Attachments 1 and 2).
Additionally, Commissioner Becker suggested involving the Wetlands Review Board.
Since late April, Staff, representatives of the College Street Condominium Association, GVLT,
members of the Recreation and Parks Advisory Board, members of the Wetland Review Board
and independent scientists and engineers have met on-site on numerous occasions to discuss the
proposed trail route through the College Street Right of Way (Attachment 3).
The Wetland Review Board submitted a “Field Meeting Summary” on June 4, 2009 which
included several “Observations” and “Recommendations” (Attachment 4). One trail
recommendation included performing formal wetland delineation if a 404 permit application [to
fill the wetland] is sought.
Ron Orton of Allied Engineering was contacted by College Street Condominium Association
member Jerry Gossel to perform a wetland assessment. Todd Hoitsma also donated time and
expertise to the delineation project at the request of GVLT (Attachment 5). The August 13,
2009 report concluded:
[S]ince the trail will not result in the placement of fill in the wetland and that the ditch is
likely not jurisdictional under the CWA [Clean Water Act], the trail should be established
in such a manner that will limit destruction of vegetation and be in an agreeable location
for surrounding residents. Permitting will not be necessary if wetland areas are avoided
regardless of jurisdictional status. As outlined in the previously mentioned letter from the
Wetland Review Board, vegetation along the corridor provides important functions not
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only for wildlife, but privacy issues for landowners in the vicinity. The current trail
configuration appears to address landowner concerns. Planting of barrier shrubs to
promote security and reduce visual and noise impacts and/or solid fencing could be part
of the consideration for the trail corridor.
FISCAL EFFECTS: The proposed trail will be funded and constructed by GVLT with
assistance and oversight from City Staff. Additional maintenance by the City Parks Division
will be needed for this section of trail.
ALTERNATIVES: As suggested by the City Commission.
Attachments:
(1) April 27, 2009 Commission Meeting Packet Material;
(2) Excerpted Minutes from the April 27, 2009 City Commission Meeting;
(3) Update and Review Timeline
(4)Wetland Review Board Field Meeting Summary; and
(5) August 13, 2009 Wetland and Clean Water Act Jurisdictional and Trail Location Assessment
Report compiled on: August 17, 2009
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Dingman, Park and Recreation Director
Chuck Winn, Assistant City Manager
SUBJECT: College Street Trail Extension
MEETING DATE: April 27, 2009
RECOMMENDATION: Authorize Staff to work with GVLT to construct a trail connection
from Black Avenue, at College Street, to connect east to the Gallagator trail system.
BACKGROUND: Since the construction of the College Street Condominiums in 1991, the
public has utilized the sidewalk along the north edge of the condos as an access to the Gallagator
Trail system. A portion of this walk lies within the ROW but jogs onto private property about
half way in as it travels east.
Because of the close proximity to the adjacent homes, and occasional conflicts between
pedestrians and homeowners, GVLT has proposed to develop a trail connector from Black Ave.
to the Gallagator Trail. This would be constructed within the College Street ROW. By
developing this trail connector, both the homeowners at the College Street Condominiums and
the public would benefit from an increased buffer distance.
FISCAL EFFECTS: The proposed trail would be funded and constructed by GVLT with
assistance from City staff. Additional maintenance by the City Parks Division will be needed for
this section.
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ALTERNATIVES: As suggested by the City Commission.
Attachments:
· Map of proposed trail
· GVLT trail proposal
Report compiled on 4/21/09
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•P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 •
• 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org •
March 26, 2009
Bozeman City Commission
P.O. Box 1230
Bozeman, MT 59771-1230
Dear Commissioners and City Staff,
Gallatin Valley Land Trust is seeking permission to construct a trail - described in detail below - within
the College Street right-of-way, connecting South Black Street to the Gallagator Linear Park. GVLT
would coordinate this project in partnership with the City Parks Department.
GVLT believes it is important and logical to create a trail connection in this location to directly access
College, which is one of the most important east-west streets in this area of our community, providing a
connection to residential neighborhoods, commercial destinations, and the MSU campus.
Project Description:
As illustrated on the attached map, an approximately 300-foot long, six-foot wide natural fines
trail would be constructed through a 60-foot wide parcel of City-owned property which is the
easternmost section of the College Street right-of-way. The new trail would connect the
intersection of South Black Street and College Street to the existing spur trail that connects the
Gallagator Trail to Alderson Street. Located entirely within the public right-of-way, the trail
would be part of the City’s “Main Street to the Mountains” trail system, providing a non-
motorized public bicycle-pedestrian pathway.
The College Street right-of-way parcel is heavily overgrown with trees and bushes. Along the
parcel’s northern side, within the public right-of-way, there is a powerline corridor that consists of
a raised berm with several powerline polls on it. At the base of the berm, along its south side, is a
drainage ditch that was dug many years ago.
GVLT proposes weaving the trail through the central portion of the right-of-way on the south
side of the drainage ditch, cutting as little vegetation as possible and leaving as much of a
vegetated buffer as possible between the trail and the apartments that border the south side of the
public property.
GVLT believes the trail should not be located on top of the berm or in the bottom of the
drainage ditch for the following reasons:
Ø A trail on top of the berm would be unsafe because a bicyclist who crashed over the side
would face a potential fall, that could result in significant injury.
Ø Trail users on top of the berm would be looking down into the backyard of the residence to
the north, greatly reducing privacy for this property owner and potentially resulting in
conflicts between the residents and trail users.
Ø Placing the trail in the low area at the base of the berm would require cutting significant
amounts of vegetation resulting in greater habitat destruction, and would present drainage
challenges that would be difficult or impossible to resolve.
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• GVLT • P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 •
• 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org •
Signage:
At the west end of the new trail, where it intersects the Black Street sidewalk, GVLT would place
a standard trail totem with a “Main Street to the Mountains” sign and directional signage. A
smaller 4”x4” post with “Dogs on Leash” and “No Motorized” signs would also be installed at
this trail entrance. On the east end of the new trail where it intersects the existing trail, a simple
directional sign and post would be installed indicating the connection to College Avenue and
Black Street.
Trail Construction:
Trail layout would be flagged by GVLT and approved by the City Parks Department prior to
construction. GVLT would coordinate and supervise construction using City approved trail
standards, and the work would be done using volunteers and donated materials. Every effort will
be made to minimize the cutting of vegetation and the disturbance to wildlife habitat. This trail
segment would be included in GVLT’s Adopt-A-Trail Program to assist with long-term
maintenance. We anticipate construction taking place this summer.
Background:
This undeveloped section of the College Street right-of-way has a sidewalk running along its
south side which was constructed as part of the College Street Apartments, which border the
south side of the public property. For many years, trail users have used this sidewalk and a short
section of user-created path to travel between the Gallagator Linear Park and South Black Street.
Several of the apartment owners have objected to this use and over the last couple years have
repeatedly tried to close this informal pedestrian connection. Reports of conflicts between some
of the apartment owners and trail users came to GVLT’s attention in the fall of 2007.
When the apartments were built in the early 1990s by Clair Daines, Inc., a reduced front yard
setback was granted to the developer. The five-foot wide sidewalk was built along the north side
of the apartments and outside this ten-foot wide setback. The very close proximity of the
sidewalk to the front of the apartments is one of the reasons for the apartment owners’ objection
to the public use.
The section of the sidewalk starting at South Black and running in front of units 1-4 is located
within the public right-of-way. The sidewalk then bends to the south into private property
between units #4 and #5 and then terminates just beyond the last unit, #7. The user-created
path continues across public property from the sidewalk’s dead end approximately 75 feet to
intersect Gallagator trail spur at the north end of the bridge crossing Mathew Bird Creek.
In an effort to try to resolve the conflicts between apartment owners and trail users, I met with
the condo owners two times, in the spring of 2008 and fall of 2008. The apartment owner’s main
complaint was about a lack of privacy due to the reduced front yard setback and close proximity
of the sidewalk to their front porches. They also expressed concerns and fears about liability, dogs
off leash, reduced property values, increased crime, vandalism, etc. I presented the owners with
several possible solutions:
Ø Allow the public to use the sidewalk but move the existing social trail at the end of the
sidewalk further to the north to increase a buffer for the last apartment.
7295
• GVLT • P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 •
• 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org •
Ø Build a new trail from the bend in the sidewalk that would provide a buffer for the last three
condos.
Ø Build a new trail that is completely within the right-of-way and separate from the sidewalk.
One of the apartment owners supported allowing public use of the sidewalk with an improved
reroute at the end of the sidewalk or at the bend in the sidewalk. The other three owners opposed
any public access to the sidewalk or any trail improvements within the right-of-way. The
apartment owners’ association has since placed a sign on the sidewalk that indicates the sidewalk
is only for the homeowner’s use and the use of their invited guests. In the latest development a
formal police report was filed by one of the apartment owners against a neighbor who walked
down the sidewalk to access the Gallagator Linear Park.
Liability Concerns:
GVLT has contacted City Staff to discuss the apartment owners’ liability concerns and it is our
understanding based on these discussions that the apartment owners would not have any liability
in relation to the proposed trail if it is within the public right-of-way.
No Action Alternative:
GVLT believes that taking no action is not a viable alternative as it would fail to resolve the
inherent conflicts in the situation, and the two exiting trail spurs in the vicinity do not meet the
need that would be addressed with the proposed trail:
Ø The public has been using the sidewalk and the existing user-created path to access the
community trail system for over 20 years, since the apartments were first developed. Unless a
better alternative is provided the trail user/apartment owner conflicts will persist.
Ø While there are two other trail connections in the area – at the south end of South Black and
at the terminus of Alderson – both of these trail spurs connect to streets that lack a complete
sidewalk system, forcing people to walk in the street. Also, neither of these spurs provides a
good connection to an east-west street.
In conclusion, we request the City’s approval and support for building a safe and useable connector trail
through this public right-of-way. We believe our proposal represents the best solution for providing an
adequate buffer to address the privacy issues raised by the apartment owners, while providing an
important new connector trail that will enhance the walkability of the neighborhood, and be an asset to
the community trail system.
Sincerely,
Gary Vodehnal, GVLT Trails Program Coordinator
CC: Debbie Arkell, Director of Public Works
Andrew Epple, Planning and Community Development Director
Ron Dingman, Parks and Recreation Director
Thom White, Parks Superintendent
Andy Kerr, Engineering Assistant
John Van Delinder, Streets Superintendent
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EXCERPT from the minutes of April 27, 2009 Bozeman City Commission meeting
1:23:47 1. College Street Trail Extension (Dingman)
1:23:52 Public Hearing opened
Mayor Jacobson opened the public hearing.
1:23:56 Ron Dingman, Parks and Recreation Director
Mr. Dingman gave the staff presentation regarding the College Street Trail Extension. Staff is
recommending that the Commission authorize staff to work with the Gallatin Valley Land Trust
to construct a trail connection from Black Avenue at College to connect East to the Gallagater
trail system. He spoke regarding the construction of the College condominiums and the sidewalk
in the area.
1:27:11 Mr. Dingman
Mr. Dingman spoke regarding GVLT's proposal of the location of the trail.
1:28:04 Mayor Jacobson
Mayor Jacobson spoke regarding the drainage ditch and the possibility of a wetland in the area.
1:29:29 Cr. Rupp
Cr. Rupp wondered if this is in the PROST plan.
1:29:43 Mr. Dingman
Mr. Dingman stated that he did not think so.
1:30:02 Cr. Rupp
Cr. Rupp spoke regarding the approval process for the condominium and the conditions
regarding park improvements.
1:30:30 Mr. Dingman
Mr. Dingman stated this is not a park improvement, but a trail connection improvement.
1:32:08 Cr. Bryson
Cr. Bryson spoke regarding the area being a public right of way.
1:32:46 Cr. Bryson
Cr. Bryson spoke regarding moving the trail to the north.
1:35:38 Gary Vodenhall, GVLT Trails Coordinator
Mr. Vodenhall spoke regarding the public right of way in the area. He spoke regarding the
proposals of the trail construction. This is an important connection for the community.
1:44:02 Public Comment
Mayor Jacobson opened public comment.
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1:44:19 John Barton, Public Comment
Mr. Barton of 810 South Tracy stated that he supports the trail and GVLT's efforts.
1:45:39 Wendy Stuart, Public Comment
Ms. Stuart stated that she lives on South 3rd. She stated that she didn't know she couldn't walk on
the sidewalks. Use public right of way and urged the Commission to keep it.
1:47:20 Kevin Bernard, Public Comment
Mr. Bernard of 114 East College Street stated that he is opposed because he feels it is un-
necessary.
1:50:36 Mary Reece, Public Comment
Ms. Reece of 1757 Highland Boulevard stated that they own one of the condominiums. They feel
public access is important.
1:52:30 Ralph Zimmer, Public Comment
Mr. Zimmer of 2103 South Tracy Avenue stated that he is the Chairman of the Pedestrian Traffic
Safety Committee. The Committee supports the proposal. He spoke regarding mid-block
crossings.
1:54:39 Brian Caldwell, Public Comment
Mr. Caldwell of 601 South Black spoke regarding the public right of way.
1:56:04 Randy Bershoni, Public Comment
Ms. Bershoni of 515 North 3rd Street stated that she is a daily user of the trails system. She
wonders where the money will come from to maintain the trail.
1:57:51 Jody Rasker, Public Comment
Ms. Rasker of 811 South Grand stated that the City has some responsibility in the matter to
resolve the conflict. She supports the trail.
2:00:59 Jerry Gossel, Public Comment
Mr. Gossel of 110 East College stated that he represents the majority of the homeowners. We do
not think that it is the best proposal. They haven't heard a request that the homeowners, GVLT
and the City Parks Department come together to work together for a resolution that is agreeable
to all.
2:02:46 Renter at the Condominium (not identified), Public Comment
The renter stated that this is public land. We need to protect some areas of open space.
2:05:57 Yerial Utter, Public Comment
Mr. Utter of 210 Cirgue Drive state that he is going to move to the condos. He is concerned
regarding the increase of traffic.
2:08:26 Public Comment closed
Mayor Jacobson closed public comment.
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2:09:11 Motion to authorize staff to work with Gallatin Valley Land Trust to construct a
trail connection from Black Avenue at College Street to connect east to the Gallagator Trail
System in consultation with the homeowner's association at College Street Condos.
1:23:47 1. College Street Trail Extension (Dingman)
1:23:52 Public Hearing opened
Mayor Jacobson opened the public hearing.
1:23:56 Ron Dingman, Parks and Recreation Director
Mr. Dingman gave the staff presentation regarding the College Street Trail Extension. Staff is
recommending that the Commission authorize staff to work with the Gallatin Valley Land Trust
to construct a trail connection from Black Avenue at College to connect East to the Gallagater
trail system. He spoke regarding the construction of the College condominiums and the sidewalk
in the area.
1:27:11 Mr. Dingman
Mr. Dingman spoke regarding GVLT's proposal of the location of the trail.
1:28:04 Mayor Jacobson
Mayor Jacobson spoke regarding the drainage ditch and the possibility of a wetland in the area.
1:29:29 Cr. Rupp
Cr. Rupp wondered if this is in the PROST plan.
1:29:43 Mr. Dingman
Mr. Dingman stated that he did not think so.
1:30:02 Cr. Rupp
Cr. Rupp spoke regarding the approval process for the condominium and the conditions
regarding park improvements.
1:30:30 Mr. Dingman
Mr. Dingman stated this is not a park improvement, but a trail connection improvement.
1:32:08 Cr. Bryson
Cr. Bryson spoke regarding the area being a public right of way.
1:32:46 Cr. Bryson
Cr. Bryson spoke regarding moving the trail to the north.
1:35:38 Gary Vodenhall, GVLT Trails Coordinator
Mr. Vodenhall spoke regarding the public right of way in the area. He spoke regarding the
proposals of the trail construction. This is an important connection for the community.
1:44:02 Public Comment
Mayor Jacobson opened public comment.
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1:44:19 John Barton, Public Comment
Mr. Barton of 810 South Tracy stated that he supports the trail and GVLT's efforts.
1:45:39 Wendy Stuart, Public Comment
Ms. Stuart stated that she lives on South 3rd. She stated that she didn't know she couldn't walk on
the sidewalks. Use public right of way and urged the Commission to keep it.
1:47:20 Kevin Bernard, Public Comment
Mr. Bernard of 114 East College Street stated that he is opposed because he feels it is un-
necessary.
1:50:36 Mary Reece, Public Comment
Ms. Reece of 1757 Highland Boulevard stated that they own one of the condominiums. They feel
public access is important.
1:52:30 Ralph Zimmer, Public Comment
Mr. Zimmer of 2103 South Tracy Avenue stated that he is the Chairman of the Pedestrian Traffic
Safety Committee. The Committee supports the proposal. He spoke regarding mid-block
crossings.
1:54:39 Brian Caldwell, Public Comment
Mr. Caldwell of 601 South Black spoke regarding the public right of way.
1:56:04 Randy Bershoni, Public Comment
Ms. Bershoni of 515 North 3rd Street stated that she is a daily user of the trails system. She
wonders where the money will come from to maintain the trail.
1:57:51 Jody Rasker, Public Comment
Ms. Rasker of 811 South Grand stated that the City has some responsibility in the matter to
resolve the conflict. She supports the trail.
2:00:59 Jerry Gossel, Public Comment
Mr. Gossel of 110 East College stated that he represents the majority of the homeowners. We do
not think that it is the best proposal. They haven't heard a request that the homeowners, GVLT
and the City Parks Department come together to work together for a resolution that is agreeable
to all.
2:02:46 Renter at the Condominium (not identified), Public Comment
The renter stated that this is public land. We need to protect some areas of open space.
2:05:57 Yerial Utter, Public Comment
Mr. Utter of 210 Cirgue Drive state that he is going to move to the condos. He is concerned
regarding the increase of traffic.
2:08:26 Public Comment closed
Mayor Jacobson closed public comment.
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2:09:11 Motion to authorize staff to work with Gallatin Valley Land Trust to construct a
trail connection from Black Avenue at College Street to connect east to the Gallagator Trail
System in consultation with the homeowner's association at College Street Condos.
It was moved by Cr. Bryson, seconded by Cr. Rupp to authorize staff to work with Gallatin
Valley Land Trust to construct a trail connection from Black Avenue at College Street to
connect east to the Gallagator Trail System in consultation with the homeowner's
association at College Street Condos.
2:09:38 Cr. Becker
Cr. Becker stated that the Wetland Review Board should also be included.
2:10:08 Cr. Bryson
Cr. Bryson stated that it seemed that would take place.
2:18:21 Cr. Becker
Cr. Becker stated that he would like to see this come back to the Commission in 30 days.
2:23:23 Cr. Rupp
Cr. Rupp spoke regarding the conditions when the condos were built and the "promise"
regarding the parkland. He wants the files reviewed to see if the City did make a promise
regarding the development of the right of way area.
2:26:05 Mayor Jacobson
Mayor Jacobson asked that the motion be read back to the Commission.
2:26:10 Stacy Ulmen, City Clerk
Ms. Ulmen read back to motion.
2:26:35 Vote on the Motion to authorize staff to work with Gallatin Valley Land Trust to
construct a trail connection from Black Avenue at College Street to connect east to the
Gallagator Trail System in consultation with the homeowner's association at College Street
Condos.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
2:09:38 Cr. Becker
Cr. Becker stated that the Wetland Review Board should also be included.
2:10:08 Cr. Bryson
Cr. Bryson stated that it seemed that would take place.
2:18:21 Cr. Becker
Cr. Becker stated that he would like to see this come back to the Commission in 30 days.
5
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2:23:23 Cr. Rupp
Cr. Rupp spoke regarding the conditions when the condos were built and the "promise"
regarding the parkland. He wants the files reviewed to see if the City did make a promise
regarding the development of the right of way area.
2:26:05 Mayor Jacobson
Mayor Jacobson asked that the motion be read back to the Commission.
2:26:10 Stacy Ulmen, City Clerk
Ms. Ulmen read back to motion.
2:26:35 Vote on the Motion to authorize staff to work with Gallatin Valley Land Trust to
construct a trail connection from Black Avenue at College Street to connect east to the
Gallagator Trail System in consultation with the homeowner's association at College Street
Condos.
Those voting Aye being Crs. Bryson, Rupp, Becker, Krauss and Mayor Jacobson.
Those voting No being none.
The motion passed 5-0.
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March 23, 2009- GVLT proposal for a trail connection linking South Black Street to the Gallagator Linear Park (within the College Street Right of Way) received by the City of BozemanApril 27, 2009- Commission action author[izing] staff to work with Gallatin Valley Land Trust to construct a trail connection from Black Avenue at College Street to connect east to the Gallagator Trail System in consultation with the homeowner's association at College Street Condos.May 11, 2009- On site meeting –(Staff, RPAB, Condo Assn., GVLT)May 20, 2009- On site meeting (Staff, Wetlands Review Board, RPAB)June 9, 2009- On site meeting (Staff, RPAB, Condo Assn, GVLT) June 22, 2009- Commission UpdateJuly 23, 2009- Joint Wetlands Delineation (GVLT/Condo Assn)August, 24 2009- Final Commission Action authorizing trail construction East College/South Black Street Trail Connection104
College Street Right of Way Proposed Trail June 4, 2009
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Wetland Review Board
City of Bozeman
Field Meeting Summary
Thom White
Parks & Cemetery Superintendent
814 N. Bozeman Avenue
Bozeman, MT 59715
June 4, 2009
RE: College Street Right of Way Proposed Trail
Dear Thom,
On May 20, 2009, the City of Bozeman Wetland Review Board (WRB) met with you, Brit
Fontenot (City Managers Office), and Bill Vandenbos (Park and Recreation Board) at the
College Street right of way (ROW) to review placement of a proposed trail. The ROW is located
between Black Avenue and Mathew Bird Creek. The length of the ROW is approximately 300
feet long by 60 feet wide. Within the center of the ROW is a ditch feature that was purportedly
created before the 1960s and was used as an irrigation ditch. The ditch is 5 to 10 feet wide and
the berm along the entire north side of the ditch was likely created during ditch construction; the
berm is less than 6 feet wide. The east end of the ditch is also bermed. The ROW is bordered on
the south by the College Street Condominiums and private residences on the north. We were
informed that the west end of the current sidewalk along the north side of the condominiums is
on City property.
Observations made on May 14 and May 20, 2009:
• Vegetation within the ROW is comprised of typical riparian species, including dogwood,
chokecherry, cottonwood and burdock.
• Three soil pits were excavated within the ROW: one at approximately the half-way point
between Black Avenue and the creek within the ditch feature, another at the east end of
the ditch near the creek and west of the end berm, and the third on the upper terrace
adjacent to the central ditch soil pit. Soils were determined to be hydric within the ditch
feature and were not hydric on the terrace.
• Plant species within the east end of the ditch feature are considered wetland species;
however the plant community through the remainder of the ditch was not assessed..
• Soil saturation was noted within 12 inches of the soil surface in the ditch soil pits; the
terrace soil pit did not exhibit positive hydrologic indicators and may indicate that the
terrace is not a wetland area.
• The east half of the ditch feature would very likely qualify as a wetland. However, it is
unknown how far the wetland extends toward Black Avenue, or how far the wetland may
extend into the wooded terrace adjacent to the ditch.
• The wetland is likely under federal jurisdiction because of its close proximity to the
creek.
• Two trail access points exist in close proximity to the proposed ROW trail: one on Alder
Street and the other at the end of Black Avenue.
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College Street Right of Way Proposed Trail June 4, 2009
2
• The wetland does provide valuable habitat for wildlife, namely avian species. During the
site visits several bird species were noted using the ROW, including Pine Siskin, Evening
Grosbeak, and Common Flicker. An ornithologist (Kevin Ellison) observed a White-
breasted Nuthatch, an uncommon species according to the Montana Natural Heritage
Program, in the ROW during the Christmas bird count.
• The wetland performs a valuable stormwater retention service given the berm on the east
end prevents untreated water from entering the stream.
Trail recommendations:
o A 404 permit application would be required to fill the wetland. The application must
include a formal wetland delineation and survey to determine impact acreage.
o It is likely the impact would be less than 0.1 acre and though the work would require a
permit, no mitigation would be required by the Army Corps of Engineers.
o According to the Army Corps of Engineers, wetland impact should be avoided, secondly,
it should be minimized.
Avoidance:
There is an option not to build the trail at all, or if built, to not impact any wetlands.
The Army Corps will want to know how this impact can be avoided; especially given
there are two trail accesses in close proximity. The City should contemplate this
issue very carefully; the proximity of the other trail access points is an argument
against creating a new trail that will impact wetlands and stream.
Minimization:
If the trail is located within the ditch, a boardwalk could be used to minimize wetland
impact.
The trail could be placed on the upland terrace.
¾ Regardless how the trail is constructed, a very small wetland impact will likely
occur when the ditch is crossed to access the trail to the east.
o If the impact is minimized to one small (e.g. <200 square feet) location, a site-specific
delineation (only in the location of the impact) could be done to minimize permitting
costs.
o We recommend minimizing impacts to the riparian vegetation if the trail is constructed.
o We also recommend weed control of the ROW and garbage removal whether the trail is
constructed or not.
The Wetland Review Board would like to commend the Parks and Recreation Board, City
Management Office and the Parks Department for seeking input from the WRB for this proposed
trail. Please let us know if you would like further clarification or assistance on any of these, or
other wetland or natural resource, issues.
Sincerely,
Lynn Bacon
Chairperson WRB
Wetland Scientist
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MEMO
32 Discovery Drive ♦ Bozeman, MT 59718 ♦ (406) 582-0221 ♦ Fax (406) 582-5770
To (via e-mail): Tom White and Brit Fontenot - City of Bozeman, Lynn Bacon- Wetland Review
Board, Jerry Gossel, Gary Vodenahl- GVLT
From:
Ron Orton, Project Scientist
Project Name: College Street Right of Way Proposed Trail
Project Number: 09-071
Date: August 13, 2009
Re: Wetland and Clean Water Act Jurisdictional and Trail Location Assessment
Allied Engineering Services, Inc (AESI) was contacted independently by Jerry Gossel representing
the condominium owners south of the proposed trail and Gary Vodenahl with the Gallatin Valley
Land Trust (GVLT) regarding the proposed trail. Jerry supplied AESI with a letter from Lynn Bacon
with the Wetland Review Board to Thom White the Parks and Cemetery Superintendant dated June 4,
2009. AESI agreed to donate time and resources to investigate the feasibility of the proposed trail
system through the City corridor as an independent party. Todd Hoitsma also agreed to donate time to
help with the wetland investigation.
On July 23, 2009, Ron Orton and Todd Hoitsma collected relevant wetland data associated with the
abandoned irrigation ditch within the City right of way. Gary Vodenahl and a GVLT volunteer were
also on site to help out with plant identification, soil pit excavation and clearing of weeds within the
right of way. Three data points were established within the abandoned irrigation ditch in order to
determine wetland status of the area. Methods outlined in the Corps of Engineers Wetland Delineation
Manual (1987 Manual) and recently published: Interim Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. The
supplement was established as part of a series of regional supplements intended to provide accuracy of
wetland delineations instead of relying wholly on the 1987 Manual. On-site data are gathered for
routine determinations and involve simplified methods that result in sufficient qualitative data for
making a determination. Data points are established in the field. Vegetation, soil, and hydrologic data
are gathered and assessed at each data point. All three parameters must exhibit wetland characteristics
before a positive wetland determination is made. If any one of the wetland parameters is not met, the
area is classified as a non-wetland. The wetland boundaries and data points are shown on Figure 1.
107
August 13, 2009
Allied Engineering Services, Inc. College Street Right of Way Page 2
A positive wetland determination was made in the vicinity of Data Point 3 near the eastern portion of
the ditch. The wetland was mapped generally following the topographic position of the abandoned
ditch bottom and following the vegetation dominance of primarily red osier dogwood (Cornus
stolonifera), a vegetation species that are generally found in and along wetlands and riparian corridors
and appeared to be an indicator of wetland characteristics specific to this site.
Hydrology associated with the ditch appears to be primarily groundwater. Water likely moves in a
sandy layer approximately 8 inches to 16 inches below the ditch bottom for a portion of the year.
Generally, flow is more frequent toward the eastern portion of the right of way near Mathew Bird
Creek. This layer in the western portion exhibited redoximorphic features indicating periodic
saturation, but this feature may be a relic condition from when the ditch was in operation. No
indication of surface water in the abandoned ditch was noted and no indication of drainage to the ditch
(except in the immediate vicinity of the ditch excavation) was apparent. There is a substantial berm
that appears to have been historically filled that isolates the ditch from Mathew Bird Creek.
Background information was used to perform a preliminary Section 404 of the Clean Water Act
jurisdictional determination based on the US Army Corps of Engineers (USACE) Jurisdictional
Determination (JD) Form Instructional Guidebook developed jointly by the US Environmental
Protection Agency (EPA) and the USACE dated May 30, 2007. Our interpretation of the jurisdictional
guidance is preliminary because the EPA and USACE make the final determination as to whether a
given watercourse or wetland is jurisdictional under the Clean Water Act. The JD guidebook
addresses ditches and on Page 36 states “Ditches (including roadside ditches) excavated wholly in
and draining only uplands and that do not carry a relatively permanent flow of water generally
are not jurisdictional under the CWA, because they are not tributaries or they do not have a
significant nexus to TNWs. If a ditch has relatively permanent flow into waters of the U.S. or
between two (or more) waters of the U.S., the ditch is jurisdictional under the CWA.”
We conclude that since the trail will not result in the placement of fill in the wetland and that the
ditch is likely not jurisdictional under the CWA, the trail should be established in such a manner
that will limit destruction of vegetation and be in an agreeable location for surrounding residents.
Permitting will not be necessary if wetland areas are avoided regardless of jurisdictional status.
As outlined in the previously mentioned letter from the Wetland Review Board, vegetation along
the corridor provides important functions not only for wildlife, but privacy issues for landowners
in the vicinity. The current trail configuration appears to address landowner concerns. Planting of
barrier shrubs to promote security and reduce visual and noise impacts and/or solid fencing could
be part of the consideration for the trail corridor.
Attachments: Figure 1 Site Map
Wetland Review Board Letter dated June 4, 2009
Wetland Data Sheets for DP-1 through DP-3
P:2009/09-071/Wetlands/College St ROW.docx
108
109
110
111
Bozeman/GallatinCollege & Black
City of Bozeman MT
7/23/09
DP-1
Ron Orton/Todd Hoitsma NE 1/4, NW 1/4, Sec. 18, T2S, R6E
Abandoned Ditch
ul - Urban Land
E. Rocky Mountain 45.671277
Concave
-111.035214
1-2 %
Listed as riparian area by GLWQD mapping
Acer negundo
Acer negundo
Prunus virginiana
Taraxacum officianale
Ribes petiolare
88
1
2
50
30-feet
20 yes FAC
20
80 yes FAC
20 yes FACU
100
2 no FACU
230-feet
10 no NL
10
30-feet
30-feet
112
May be relic condition from abandoned channel
No indication of surface water drainage to swale or abandoned channel
Silt Loam
Loam
10YR 2/1
10YR 3/2
6
18
DP-1
113
Bozeman/GallatinCollege & Black
City of Bozeman MT
7/23/09
DP-2
Ron Orton/Todd Hoitsma NE 1/4, NW 1/4, Sec. 18, T2S, R6E
Abandoned Ditch
ul - Urban Land
E. Rocky Mountain 45.671277
Concave
-111.035214
1-2 %
limited herb stratum due to lack of light in the stratum
Listed as riparian area by GLWQD mapping
Acer negundo
Acer negundo
Prunus virginiana
Taraxacum officianale
Ribes petiolare
88
1
2
50
30-feet
20 yes FAC
20
80 yes FAC
20 yes FACU
100
2 no FACU
230-feet
10 no NL
10
30-feet
30-feet
114
May be relic condition from abandoned ditch channel sand at 14" may see water for short duration.
No indication of surface water drainage to swale or abandoned channel
Silt Loam
Fine sandy loam
Medium sand
10YR 3/1
10YR 3/1
10YR3/3 2.5YR 4/6
8
14
20 40 CS M
DP-2
115
Bozeman/GallatinCollege & Black
City of Bozeman MT
7/23/09
DP-3
Ron Orton/Todd Hoitsma NE 1/4, NW 1/4, Sec. 18, T2S, R6E
Abandoned Ditch
ul - Urban Land
E. Rocky Mountain 45.671277
Concave
-111.035214
1-2 %
limited herb stratum due to lack of light in the stratum, Tree stratum not included due to none being rooted in abandoned
channel and not growing in same hydrologic regime.
Listed as riparian area by GLWQD mapping
Cornus stolonifera
Ribes petiolare
90
1
1
100
30-feet
65 yes FACW
65
10 no NL
10
30-feet
116
No indication of surface water drainage to swale or abandoned channel
Silt Loam
Sandy loam
Sandy Loam
10YR 2/1
10YR 4/2
10YR4/2 7.5YR 4/6
12
4
12
18 30 CS M
DP-3
117