HomeMy WebLinkAbout28 Wetland Permit Application 5-29-20 => �_i C:; 1 1 r..�
Environmental Services 406-586-6909 -Cell:406-581.0655 -bvaughnOrnontanaxom
8353 Saddle Alounlain Road ,Bozeman,Moniana 59715
Gallatin County Conservation District Board
PO Box 569
120 N 5th Street
Manhattan,MT 59741
Attention:Mary Hendrix
Re: 310 Permit Application to remove and replace a 60-foot culvert,and install culverts
for a road and two pedestrian crossing in a relocated tributary of East Catron Creek,
Bozeman,Montana,previously permitted under GD-002-13 and GD-028-13
April 5,2019
Dear Mary:
Please find enclosed a copy of a Joint Application for Proposed Work in Montana's
Streams,Wetlands, Floodplains, and Other Water Bodies for a 310 permit requested for a culvert
removal and replacement for a pedestrian crossing and installation of culverts for a new road
crossing and second pedestrian crossing on a relocated tributary to East Catron Creek. The
applicant is Greg Gianforte and the land parcels are owned by Greg and Susan Gianforte(G Force
1 Limited Liability —north lot) and HB Land and Construction LLC (south lot). The lots are
located west of South 19 Street, south of the Grace Bible Church and Stucky Road, and north of
West Graf Street in Bozeman, Montana, within the northeast quarter of Section 23, Township 2
South,Range 5 East,Gallatin County.
Permit GD-002-13 authorized by the Gallatin County Conservation District on February
22, 2013,permitted the relocation of an unnamed tributary to East Catron. Permit GD-029-2013
authorized the separation of the creek into two reaches with 60 feet of a 27-inch by 44-inch arch
concrete culvert that was to provide future road access to the remainder of the lot. The tributary
of East Catron was relocated to the west side of South 19' Street in August 2014 for the future
expansion of Oracle's office space. The undeveloped parcel is currently in the process of
obtaining City Plat approval. The City is requiring that the road crossing be relocated to conform
to the current city street grid. The City is also requiring that two additional pedestrian crossings
be installed across the relocated creek. This 310 permit application is a request to remove the
existing 60-foot culvert and replace it with a 30-foot culvert for a pedestrian crossing, to install
123 if of 42-inch RPC culvert for a road crossing, and to install a second 30-foot, 42-inch RCP
culvert for a second pedestrian crossing. The enclosed Waters of the US (WUS) Impact Exhibit
(Sheet W 1.0) shows the impact locations and summarizes the linear footage and square footage of
impacts,culvert specs,and fill specs and volumes.
The source for the existing UT of East Catron arises at the edge of a cultivated field
located on Blackwood Road (see Figure 1.0 — 2011 Google Earth GIS aerial photograph). The
creek flows north in a narrow, relatively straight channel to the termination point in a depression
wetland located north of Stucky Road, approximately 1.2 miles downstream. There is no
downgradient connection to a surface water channel at the termination point. Undeveloped
upland pasture separates the edge of the wetland and West Kagy. There is no surface water
connection or channel evident between West Kagy Boulevard and Service Drive. A request is
being made to the GCD to review whether this waterway currently meets the definition of a
perennial stream.
Sincerely,
Barbara Vaughn
Environmental Engineer,MS
Cc: Greg and Susan Gianforte
David and Susan Barbisan
Chris Budesld
Enclosures: 310/404 Joint Application Form
Adjoiner's List
Waters of the US Impact Exhibit(Sheet W1.0)
Environmental Services 406.586-6909 -Cell:40G-581-0655 -bvaugbnomontanaxom
8353 Saddle Mountain Road •Bozeman.A{ontana 59715
Attn:Tim McNew
US Army Corps of Engineers
Helena Regulatory Office -
10 West 15t"Street,Suite 2200
Helena,Montana 59626-0014
Re: Amendment No. 1 to Permit Number NWO-2012-02528-MTB,Relocated road crossing
on re-established East Catron Creek Tributary
April 4,2019
Dear Tim:
The application for Standard Permit NWO-2012-02528-MTB was filed originally on
February 11,2013. The application requested authorization to relocate a segment of a tributary of
East Catron Creek to the west edge of South 19' Avenue in order to expand an existing
commercial development. This submittal is a request to amend the original permit to comply
with Bozeman plat approval conditions mandating the relocation of the current road crossing on
the creek. The City is also requiring the construction of two pedestrian crossings. The USACE
Billings Regulatory office authorized Department of the Army Permit Number NWO-2012-
02528-MTB on July 8, 2013. The stream corridor was reconstructed and revegetated by
September 2014. Second year vegetation monitoring results were summarized in a report dated
August 31, 2015. The reported results indicated that the planted herbaceous cover and woody
species on the relocated riparian corridor met the success criteria by August 2015 as documented
in the 2015 monitoring report and as concurred by your site visit in 2014.
The parcels, owned by Greg and Susan Gianforte (G Force 1 Limited Liability —Lot 1,
Minor Subdivision 235)and HB Land and Construction LLC(Lot 2,Minor Subdivision 235),are
located west of South 19'h Street, south of the Grace Bible Church and Stucky Road, and north of
West Graf Street in Bozeman, Montana. The land is located within the northeast quarter of
Section 23, Township 2 South, Range 5 East, Gallatin County. Mitigation for the stream
relocation included enhancing the sinuosity of the relocated stream by extending the stream
length from 1,845 linear feet(If)to 2,1501f. The reconstructed wetland fringe was to encompass
0.88 acres, an increase of 0.44 acres from the wetland fringe associated with the historic channel.
A single culvert was placed midway on the channel during construction for future road access.
The City is requiring that the current road crossing on the East Catron Tributary be relocated and
that two pedestrian crossings be constructed. The new road crossing will use 123-foot, 42-inch
RCP culvert. The existing 60-foot RCP culvert will be removed and replaced with a 30-foot
culvert for the northernmost pedestrian crossing. Disturbed areas will be restored with wetland
sod salvaged onsite. A second 30-foot culvert mill be installed in the channel for a pedestrian
crossing located at the south end of the project.
The Waters of the US Impact Exhibit (Sheet W 1.0) included with this submittal shows
the existing conditions on the relocated East Catron Tributary; the location of the proposed
permanent and temporary impact areas; summary tables of each impact area that includes square
footage, linear footage, culvert specs, and fill volumes; and the location of the restoration area.
Table 1.0 summarizes the requested permit changes for Amendment No.1.
Table 1.0 Amendment No.1:Requested Changes to Permit NWO-2012-02528 MTH
Amendment#1:April 4,2019
Year Permit Authorization:July 8,2013 (Additional Permanent VMS
Impacts)
Re-established 2150 linear feet Reduction of 111 linear feet
Stream Length
Established 0.88 acres Reduction of 0.04 acres (1754 sf)
Wetland (above OHWM)
Acreage
Fill Volume 370 cubic yards(abandoned channel) 217.68 cubic yards
Stream Debits 11,724.4
Stream Credits 15,050 mitigation credits 14,273 mitigation credits
Impacts associated with a sewer line(see Sheet W1.0)installed six feet below the ground
surface will temporarily impact six (6) linear feet of waters of the US below the ordinary high
water mark(OHWIvI)and 205 square feet of wetland above the OHWM. Directional drilling will
be used and the disturbed area will be restored to the previous condition.
A copy of the stream credit table for the original 2013 permit is included with this
submittal. There are no additional opportunities onsite to establish additional waters of the US
and/or wetlands. If additional mitigation is necessary, offsite mitigation credits would be
purchased from the regional Upper Missouri Mitigation Bank. A Covenant of Dedication
protecting the creek corridor and 50 foot watercourse setbacks was recorded with Gallatin
County. The changes addressed in Amendment No. 1 request will be included with the recorded
information. Please contact my office at 406 581-0655 or at bvaughn9montana com if you
require further information or if you have questions. Thank you.
Sincerely,
Barbara Vaughn
Environmental Engineer,MS
Cc: Greg and Susan Gianforte
David and Susan Barbisan
Chris Budeski,Madison Engineering
Enclosures: Waters of the US Impact Exhibit(Sheet W1.0)
Mitigation Credit Table
VAUGHN
Environmental Services 406-586-6909•Cell:406-581-0655•bvaughn@montana.com
8353 Saddle Mountain Road •Bozeman,Montana 59715
Gallatin County Conservation District Board
PO Box 569
120 N 5th Street
Manhattan,MT 59741
Attention: Mary Hendrix
Re: Request for onsite review of downgradient terminus of relocated tributary of East
Catron Creek,Bozeman,Montana,previously permitted under GD-002-13 and GD-028-13
April 5,2019
Dear Mary:
An 1845-foot tributary to East Catron Creek was relocated to the west side of South 191h
Street,Bozeman,Montana,in September 2014. The 310 permits referenced above authorized the
relocation of the tributary and the installation of a culvert for future road access, respectively.
The City is currently requiring that the road crossing be relocated. The original culvert will be
removed and replaced with a 30-foot culvert for pedestrian access. The new road crossing will
require the installation of a 123-foot culvert. A second 30-foot culvert for pedestrian access is
also being required. A new 310-404 permit application has been submitted separately from this
request.
The water source for the relocated tributary of East Catron arises at the edge of a
cultivated field located on Blackwood Road (see Figure 1.0 — 2011 Google Earth GIS aerial
photograph). The creek flows north in a narrow, relatively straight channel to the termination
point in a depression wetland located north of Stucky Road,approximately l.2 miles downstream.
There is no downgradient connection to a surface water channel at the termination point.
Undeveloped upland pasture separates the edge of the wetland and West Kagy Boulevard. There
is no surface water connection or channel evident between West Kagy Boulevard and Service
Drive. A request is being made to the Gallatin Conservation District to review whether this
waterway currently meets the definition of a perennial stream.
Sincerely,
Barbara Vaughn
Environmental Engineer,MS
Cc: Greg and Susan Gianforte
David and Susan Barbisan
Chris Budeski
Revised:2/16/12 (310 form 2701 AG—_.CY USE ONLY: Application# Date Received
Form may be downloaded from: Date Accepted /Initials Date Forwarded to DFWP
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This space is for all DWw*new of T}ansponadon and SPA I24 peen ks(governn a nt pmfeco).
Project Name
Control Number Contract letting date
MEPA/NEPA Compliance 0 Yes ❑ No Ifyes,#14 of this application does not apply.
JOINT APPLICATION FOR PROPOSED WORK IN MONTANA'S STREAMS,WETLANDS,FLOODPLAINS,
AND OTHER WATER BODIES
Use this form to apply for one or all local,state,or federal permits listed below. The applicant is the responsible party for the project and the
point of contact unless otherwise designated. "Information for Applicant"includes agency contacts and instructions for completing this
application. To avoid delays,submit all required information,including a project site map and drawings. Incomplete applications will result in
the delay of the application process. Other laws may apply.
The applicant is responsible for obtaining all necessary permits and landowner permission before beginning work.
PERMIT AGENCY FEE
X1 310 Permit Gallatin.Conservation District No fee
SPA 124 Permit Department of Fish,Wildlife and Parks No fee
Floodplain Permit Gallatin Floodplain Administrator Varies by city/county
$25 -$500+
X Section 404 Permit,Section 10 Permit U.S.Army Corps of Engineers Varies($0-$100)
318 Authorization Department of Environmental Quality $250(318);
401 Certification $400-$20,000 (401
Navigable Rivers Land Use License or Easement Department of Natural Resources and License$25;Easement$50,
Conservation,Trust Lands Management Division plus annual fee
A. APPLICANT INFORMATION
NAME OF APPLICANT(person responsible for project): Steve Moore
Has the landowner consented to this project? X Yes ❑No
Mailing Address:_3661 Jagar Lane Bozeman, MT 59718
Physical Address: (same as above)
Day Phone:_cell-406 599 5169 Steve Moore Evening Phone: E-Mail: steve@smadvisorygroup.com
NAME OF LANDOWNER(if different from applicant):North Lot- Greg and Susan Gianforte(G Force 1 Limited
Liability); South Lot-David and Susan Barbisan, BB Land and Construction LLC
Mailing Address:North Lot: Gianforte- 1320 Manley Road, Bozeman, MT 59715
South Lot: Barbisan-7067 S 3"Ave, Bozeman, MT 59715
Physical Address: (same as above)
Day Phone and Email (same as above)_
NAME OF CONTRACTOR/AGENT(if one is used):_Barbara Vaughn, Vaughn Environmental Services
Mailing Address:_8353 Saddle Mountain Road, Bozeman,MT 59715
Physical Address: (same as above)
Ce11:.406 581-0655_E-Mail: bvaughn@montana.com
B.PROJECT SITE INFORMATION
NAME OF STREAM or WATER BODY at project location_unnamed tributary of East Catron Creek Nearest
Town Bozeman, MT Address/Location:—
North Lot 1 Minor Sub 235, South Lot 2 Minor Sub 235;
_1/4_NE, Section 23 , Township 2S , Range 5E, Gallatin County
Longitude_45039'13.95"N Latitude_111°03'52.14"W
The state owns the beds of certain state navigable waterways. Is this a state navigable waterway? Yes or No.
If yes, send copy of this application to appropriate DNRC land office—see Wormation for Applicant.
ATTACH A PROJECT SITE MAP OR A SKETCH that includes: 1)the water body where the project will take
place,roads,tributaries, landmarks; 2)a circled"X"representing the exact project location. IF NOT CLEARLY
STATED ON THE MAP OR SKETCH,PROVIDE WRITTEN DIRECTIONS TO THE SITE(see attached Figures
1 and 2)
C.PROJECT INFORMATION
1. TYPE OF PROJECT(check all that apply)
X Bridge/Culvert/Ford Construction ❑ Fish Habitat ❑Mining
X Bridge/Culvert/Ford Removal ❑ Recreation(docks;marinas,etc.) ❑ Dredging
❑Road Construction/Maintenance ❑New Residential Structure ❑ Core Drill
❑ Bank Stabilization/Alteration ❑Manufactured Home X Placement of Fill
❑ Flood Protection ❑ Improvement to Existing Structure ❑Diversion Dam
❑ Channel Alteration ❑ Commercial Structure ❑Utilities
❑Irrigation Structure ❑ Other
2. PLAN OR DRAWING of the proposed project MUST be attached. This plan or drawing must include:
•a plan view(looking at the project from above) •a cross section or profile view
• dimensions of the project(height,width,depth in feet) •an elevation view
•location of storage or stockpile materials •dimensions and location of fill or excavation sites
•drainage facilities • location of existing or proposed structures, such as
•an arrow indicating north buildings,utilities,roads,or bridges
3. IS THIS APPLICATION FOR an annual maintenance permit? ❑Yes X No
(If yes, an annual plan of operation must be attached to this application—see"Information for Applicant")
4. PROPOSED CONSTRUCTION DATE. Include a project timeline. Start date _09_/ /_2019_
Finish date_12 / / 2021 Is any portion of the work already completed? X Yes No
(If yes, describe the completed work.) Creek re-established to current location.
5. WHAT IS THE PURPOSE of the proposed project?
A tributary of East Catron was relocated to the west side of South 19' Street in August 2014 for the future
expansion of Oracle's office space. Permit GD-028-13, signed on August 22, 2013, approved the relocation of
the tributary to East Catron Creek and the installation of 60 feet of a 27-inch by 44-inch concrete culvert for a
future road crossing. The undeveloped parcel is currently in the process of City Plat approval. The City is
requiring that the road crossing be relocated to conform with the current street grid and that two additional
pedestrian crossings be installed across the relocated creek. This permit application is a request to remove the
existing culvert and replace it with a 30-foot culvert for a pedestrian crossing,to install 123 of culvert for a road
crossing,and to install a second 30-foot crossing for a pedestrian crossing. The enclosed Waters of the US(WUS)
Impact Exhibit (Sheet W 1.0) shows the impact locations and summarizes the linear footage and square footage
of impacts, culvert specs, and fill specs and volumes.
6. PROVIDE A BRIEF DESCRIPTION of the proposed project.
The WUS Exhibit tabulates impact details for the road and pedestrian crossing culverts, culvert removal, and
temporary sewer crossing. The road culvert will impact 1271f of the creek with a 123-foot, 42-inch RCP
culvert. The two pedestrian crossings will use 30-foot culverts. The existing 60-foot culvert will be removed
and replaced by a 30-foot culvert for the northernmost pedestrian crossing. Disturbed areas will be restored
using wetland sod salvaged from the new road crossing.
The source for the tributary of East Catron arises at the edge of a cultivated field located on Blackwood Road.
The creek flows north in a narrow,relatively straight channel to the termination point in a depression wetland
located north of Stucky Road, approximately 1.2 miles downstream. There is no downgradient connection to a
surface water channel at the termination point. Undeveloped upland pasture separates the edge of the wetland
and West Kagy. There is no sur_ water connection or channel evident , w'een West Kagy Boulevard and
Service Drive. A request is being made to the GCD to review whether this waterway is currently a perennial
stream.
7. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition,
bank slope, height, nearby structures, and wetlands.
The relocated creek was constructed within a 20-foot floodway. The length of the channel was increased from
1,8451fto 2,1501f. The acreage of the wetland fringe was increased from 0.44 acres to 0.88 acres. Revegetation
activities included planting 173 native trees and shrubs on both sides of the riparian corridor. The herbaceous
cover and woody species planted on the relocated stream were monitored in 2014 and 2015. The US Army Corps
concurred that the site met the success criteria for vegetation by September 2015. The lack of a downgradient
surface water connection compromises the tributary's value as fish habitat. The surface water flow and channel
terminate in a wetland that abuts an upland pasture.
8. PROJECT DIMENSIONS. How many linear feet of bank will be impacted? How far will the proposed
project encroach into and extend away from the water body?
See Sheet W1.0,Waters of the US Impact Exhibit
The culvert for the new road crossing will impact 127 feet of channel. The southernmost pedestrian crossing
will impact 30 feet of channel. Sixty feet of culvert will be removed and replaced with a 30-foot culvert for the
northernmost pedestrian crossing. The disturbed areas will be restored with onsite wetland sod..Installation of
a sewer line will temporarily impact 6 feet of channel.
The relocated stream is 2,150 If. The wetland area was increased by 0.44 acres. The realigned channel
averages 24 inches in width, 12 inches in depth,with 36 inches of wetland fiinge on either side of the channel
edge. The streambanks were constructed at a 1:1 slope and the slopes of the floodway were constructed-at a 4:1
slope.
9. VEGETATION.Describe the vegetation present on site. How much vegetation will be disturbed or covered
with fill material during project installation? (Agencies require that only vegetation necessary to do the work be
removed.) Describe the revegetation plan for all disturbed areas of the project site in detail.
The realigned channel was revegetated with a combination of offsite transplanted wetland sod, a native wetland
mix consisting of streambank wheatgrass, slender wheatgrass,tufted hairgrass,fowl bluegrass, fowl
mannagrass, and slender rush, and clusters of willow, balsam cottonwood,red-osier dogwood, golden currant,
and aspen. Clusters of common chokecherry,Western serviceberry, common snowberry, and/or Wood's rose
will be were planted in the transition zone of the upland watercourse setbacks.
10.MATERIALS. Describe the materials to be used and how much
Cubic yards/Linear feet Size and Type Source
218 cubic yards (see schedules on Sheet W 1.0) Local sources TBD
11. EQUIPMENT. What equipment is proposed to be used for the work? Where and how will the equipment
be used on the stream bank and/or the waterbody?
excavator, back hoe, and dump truck
12. DESCRIBE PLANNED EFFORTS TO MIIVEV=PROJECT DIPACTS. Consider the impacts of the
proposed project, even if temporary. What efforts will be taken to:
Minimize erosion, sedimentation, or turbidity?
Construction is expected to be i.- 1pleted during low flow conditions in i. .'summer/fall. A by-pass pump and
coffer dam will be used to redirect flow during construction. Silt fence will be placed between disturbed areas
and the creek channel. There will be temporary increases in turbidity when the existing culvert is removed.
The newly constructed banks will be reseeded and/or sodded in late fall.
Minimize stream channel alterations?
The relocated currently meanders within a 20-foot wide floodway. The overall channel planform will not have
to be altered to install the 123-foot culvert.
Minimize effects to stream flow or water quality caused by materials used or removal of ground cover?
The effect on water quality during construction of the relocated stream will be minimal and temporary. Stream
flows will be diverted via a by-pass pump and coffer dam. Silt fence will be placed between disturbed areas
and the channel. Disturbed areas will be seeded as soon as possible after construction to minimize erosion.
• Minimize effects on fish and aquatic habitat?
A coffer dam and by-pass pump will be used to divert surface water flows around the construction site. The
pipe for the road crossing includes a fish resting area in the base of the pipe as shown on Sheet W 1.0. Silt fence
will be used to minimize sediment introduction into the stream. The value of the fish habitat for the existing
and relocated stream channels is limited by the lack of a downgradient surface water connection. The channel
terminates in upland pasture north of Stucky Road. The aquatic habitat for macroinvertebrates was enhanced in
the relocated channel by improving the sediment transport capability of the stream, increased the stream length,
restoring the streambed with river rock 1 to 4 inches in diameter, and revegetat ing the wetland fringe with
native herbaceous and woody species. Structural diversity and shading on the entire relocated reach was
enhanced by planting trees and shrubs and by seeding with native herbaceous species. The 50-foot watercou
setbacks and increased width of the wetland fringe within the bankfull margin filters runoff and facilitates
nutrient removal.
inimize risks of flooding or erosion problems upstream and downstream?
The relocated channel did not increase the risk of flooding or erosion. The proposed stream design was based
on the channel cross-section and profile of the original stream. There are two 24-inch RCP culverts at the south
end of the proposed realignment and a 28-inch by 36-inch CMP arch culvert at the north end of the stream that
remained in place. Culverts for the road and pedestrian crossings will be constructed with 42-inch RCP
according to City standards. The pipe for the road crossing includes a fish resting area in the base of the pipe as
shown on Sheet W 1.0.
• Minimize vegetation disturbance,protect existing vegetation, and control weeds?
The riparian corridor associated with the relocated stream channel is 120 feet wide and protected from
development. The channel was constructed with an average 3-foot wide wetland fringe vegetated with a native
wetland mix and/or salvaged wetland sod. Bare or disturbed upland areas within the 50-foot setbacks were
seeded with native herbaceous species. Clusters of 173 native trees and shrubs were planted along the length of
the corridor. A trail will be constructed at the outer edge of the setback on both sides of the channel.
13. WHAT ARE THE NATURAL RESOURCE BENEFITS of the proposed project?
The relocated stream is protected within 100-foot buffer. The structural diversity of the riparian corridor was
enhanced through planting a diverse,native seed mix and woody plants. Increasing the sinuosity and stream
length of the creek improved the sediment transport capability and aquatic bed habitat of the channel. The
vegetated 50-foot watercourse setback facilitate the removal of sediment and nutrients from the stream channel.
trian connectivity for area
The trail system will connect to ..�surrounding subdivisions, improving f �s
residents.
14. LIST ALTERNATIVES to the proposed project. Why was the proposed alternative selected?
The only land within the City limits and adjacent to the current Oracle campus are Lots 1 and 2 in Minor
Subdivision 235 located south of the Grace Bible Church and Stucky Road. Oracle has indicated that the
existing campus will have to be expanded by 250,000 square feet to allow for an additional building;parking
lot, and open space. The business may opt to move operations from Bozeman if the parcel cannot accommodate
the expansion. The land couldn't be used for expansion of the Oracle facilities without relocating the stream.
The new road crossing and pedestrian trails will align with the City's street grid facilitating traffic and
pedestrian flow.
D.ADDITIONAL INFORMATION FOR SECTION 404,SECTION 10,AND FLOODPLAIN PERMITS ONLY.
If applying for a Section 404 or Section 10 permit,fill out questions 1-3. If applying for a floodplain permit,fill out
questions 3-6. (Additional information is required for floodplain permits—See"Information for Applicant.")
1. Will the project involve placement of fill material below the ordinary high water mark,a wetland,or other
waters of the US? If yes,what is the surface area to be filled? How many cubic yards of fill material will
be used?Note: A delineation of the wetland may be required.
The relocation project was authorized on July 8,2013,under Permit Number NWO-2012-02528-MTB.
Amendment No. 1 addresses the increases in impacts resulting from the change in location of the road
crossing and the addition of two pedestrian crossings and temporary sewer impact.
The Waters of the US Delineation Report dated October 31, 2012, was enclosed with this permit application.
fhe Restoration Plan dated January 22, 2013, including the mitigation goals,Revegetation Design, and
Monitoring Plan is also enclosed with this permit application.
The original channel was 1,845 linear feet(it)long with 42,000 square feet(sf)of wetland including the
channel and wetland fringe. The existing channel was abandoned with 370 cubic yards(cy) of fill. The
relocated stream is 2,1501f, an increase of 3051f. The wetland area was increased from 0.44 acres to 0.88
acres..
2. Description of avoidance,mitigation, and compensation(see Information for Applicant). Attach additional
sheets if necessary.
Table.1.0 of the Restoration Plan lists the proposed mitigation ratios. These adjacent parcels cannot be
used for expansion of the Oracle facilities without relocating the UT of East Catron. There is insufficient space.
The wetland area of the relocated stream will be increased from 0.44 acres to 0.88 acres and the stream will be
increased by 3051f. Approximately 21,000 sf of heavily impacted stream and wetland within the horse pasture
was replaced with a functioning stream and wetland fringe. The existing wetland vegetation was dominated by
reed canary grass and meadow foxtail. There are only two small cottonwood trees on the entire existing
corridor. The structural diversity of the stream was enhanced by planting a native seed mix and clusters of 173
woody species. The relocated stream corridor is protected by 50-foot watercourse setbacks.
3. List the names and address of landowners adjacent to the project site. This includes properties adjacent to
and across from the project site. (Some floodplain communities require certified adjoining landowner lists).
See enclosed Adjoiners List for Minor Sub 235, Lots 1 and 2
4. List all applicable local, state, and federal permits and indicate whether they were issued, waived, denied, or
pending.Note: All required local, state, and federal permits,or proof of waiver must be issued prior to the
issuance of a floodplain permit.
�I
5. Floodplain Map Number
6. Does this project comply with local planning or zoning regulations? X Yes ❑No
E.SIGNATURES/AUTHORIZATIONS—Each agency must have original signatures signed in blue Ink.
After completing the form,make the required number of copies and then sign each copy. Send the copies
with original signatures and additional information required directly to each applicable agency.
The statements contained in this application are true and correct. The applicant possess'the authority to undertake the
work described herein or is acting as the duly authorized agent of the landowner. The applicant understands that the
granting of a permit does not include landowner permission to access land or construct a project. Inspections of the
project site after notice by inspection authorities are hereby authorized.
APPLICANT(Person responsible for uroiectl: LANDOWNER:
� Print Name: �S� --Pxr !n i4}i 1 Print Name: �[! ,A i i l 1 f Cl t.) .f `P
d/d Steve M 1rc;4A"O-- Greg and/or Susan Gianforte
igna Applicant Date Sign f a o er bate
Pr' t ame: ISGt Yl
id a d/or Susan Barbisan
Goan .5 9
Signature of Landowner bate
*CONTRACTOR/AGENT:
Print Name:
Barbara Vaughn
Signature of Contractor/Agent- Date
*Contact agency to determine if contractor signature is required.
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SHORT-TERM WATER QUALITY STANDARD
FOR TURBIDITY RELATED TO
yr Montana, OCIr1rii1,crtt of CONSTRUCTION ACTIVITY
_ F r�1f 1 kU��M 1,r���l r►1. QUALIT)7 (318 Authorization)
Dear Applicant:
This 318 authorization is the result of your recent application for a 310 permit from your local Conservation District or a
124 permit from Montana Fish,Wildlife and Parks. This authorization is valid for the time frame noted on your permit.
This is not your 310 or 124 permit and no construction activity should occur until you have received a valid 310 or
124 permit as well as any other permits that apply to this proposed construction activity.
This authorization is the result of an Operating Agreement between the Montana Department of Environmental Quality
(DEQ), and Montana Fish,Wildlife and Parks(FWP).
The applicant agrees to the comply with the conditions stated below, as well as other conditions listed in the 310 or
124 permit issued for this project. Signatures of the applicant and FWP are required to validate this authorization.
1. Construction activity in or near the watercourse are to be limited to the minimum area necessary,and conducted
so as to minimize increases in suspended solids and turbidity that could degrade water quality and adversely affect
aquatic life outside the immediate area of operation.
2. The use of machinery in the watercourse shall,be avoided unless absolutely necessary.
3. All disturbed stream banks and adjacent areas created by the construction activity shall be protected with erosion
control measures during construction.These areas shall be reclaimed with appropriate erosion control measures
and revegetated to provide long-term erosion control.
4. Any excess material generated from this project must be disposed of above the ordinary high water mark, in an
area not classified as a wetland,and in a position not to cause pollution of State waters.
5. CIearing of vegetation will be limited to that which is absolutely necessary for construction of the project.
6. This authorization does not authorize a point source surface water discharge.
MPDES permit is required for said discharge.
7. Open cut creek crossings will not be allowed in flowing water. Stream water must be diverted around the open cut
area(pump, flume etc.)
8. The applicant must conduct all activities in full and complete compliance with all terms and conditions of all
permits required for this activity issued pursuant to the Montana Natural Streambed and Land Preservation Act
(310 permit),the Stream Protection Act(124 permit)the Federal Clean Water Act(404 Permit), any MPDES
permits for dewatering or storm water control in the construction area and any valid Memorandum of Agreement
and Authorization(MAA)negotiated for this activity.
The FWP representative has determined that this project is within the scope of the programmatic Environmental
Assessment prepared by DEQ and FWP for the issuanceof narrative turbidity standards.
Date: �
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— a(c:
FWP Representative's Signature Applicant's Signature
Name and location of project: l�� 11 eK� C��^ C t
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Est. 1949
Conservation
CJ_ A i i A-i l 1.\1
s�IfGorernDenelopmenl
May 21, 2019 n+erN
Steve Moore
3661 Jagar Lane
Bozeman, MT 59718
RE: 310 Application GD 22-19 PERENNIAL STREAM: Unnamed tributary of E. Catron Creek
Dear Mr. Moore:
The Gallatin Conservation District(GCD)received your 310 application on April 30,2019. The purpose of the 310
application is: The city is requiring that the road be relocated to conform to the current street grid and that 2 additional
pedestrian crossings be installed across the relocated creek. Requesting to remove the existing culvert and replace it
with a 30'culvert for pedestrian crossing,to install 123'of culvert for a road crossing,in still a second 30'crossing for a
pedestrian crossing,and to install a sewer line with temporary impacts. Representatives from the GCD 310-team
inspected the project site on May 8,2019.
After a discussion and a review of the 310-permit application on May 16,2019,the GCD Board of Supervisors
approved the project with modifications. Modification include: Embed pipe minimum 6". Import backfill of stream material
and/or 3"minus for all culverts. Use 42"arch size. Match grade;upstream and down while considering embedment.
• Please require/include culvert plan and profile for each site/location, only wetland impacts were submitted with
application.
• No fish resting box necessary.
Enclosed are two copies of Form 273 (310 Permit).Keep one copy for your records. The District recommends that you retain all
information for current and future reference. The second copy is for the job site.The contractor must maintain a copy of Form
273 and any pertinent design information in his equipment while conducting all fieldwork to ensure your project is implemented
according to the permit.
REQUIREMENTS
• Form 273(310 Permit):Please fill out and sign the bottom portion of one copy of the 310 Permit and return it to
this office within 15 days. If we have not received the permit within that time,you will be in violation of the 310
Law and your permit will not be valid.
• Please take pre-and post-photos of the project.
• Completion Form: At the completion of the project,fill out the enclosed form, attach photos,and return to this
office within 15 days of the completion of the project.
Other permits may be needed for your project.A 310 Permit does not give an individual permission to do a project,only to do a
project in a specific manner once all other permits are satisfied. This permit is only for the work specified above. If the scope of
the work changes,you must apply for a new permit. All individuals undertaking activities specified in a 310 Permit are
encouraged to obtain accurate cost estimates for projects and ensure water rights are in order before starting any work.
If you have any questions or concerns,please contact me at 406-282-4350.
Sincerely,
Becky Clements
District Administrator
Gallatin Conservation District
Enclosures
PO Box 569
Manhattan,MT 59741
406-282-4350
www gallalincd.org
310 Permit Work Completion Form
310 PERMIT INFORMATION
310 Permit#GD 22-19
Legal Description:Township: 2S, Range: 5E,Section: 23
Landowner:Greg and Susan Gianforte, David and Susan Barbisan
Applicant:Steve Moore
Agent: Barbara Vaughn
Stream: Unnamed Tributary of East Catron Creek
Approved Project: May 16, 2019
Permit Expiration Date: May 16, 2020
REQUIREMENTS
• The Applicant/Landowner is required to return this form to the Gallatin Conservation District
when work is completed or the permit expires.
• Include pre-and post-photos of the project.
Date work completed
Note:If work is not completed,provide explanation below
Explanation
Signature: Date:
Contact Information (Required for Follow-up Inspection)
Name:
Address:
Phone/Cell#:
Email:
Gallatin Conservation District
120 S 5th Street, PO Box 569
Manhattan MT 59741
406-282-4350
Email: admin@gallatincd.org
310 PERMIT Decision Data Application Number
STREAMBED AND LAND PRESERVATION ACE(310 Law)Supervisors' Decision 5/16/2019 GD 22-19
v Landowner permission,easements or other federal,stale,or local permits,licenses,special use permits,or authorizations may be required before construction
.ne project. It is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project
Name of Appilcant Business Name Address
Steve Moore - _ 3661 Jagar Lane
CitV zip Name of Perennial Stream
Bozeman LRT 59718 Unnamed tributary of E.Catron Creek
[Section TownShl Ran a Srvisor's Decision
23 2S 5E [Approval with modifications
Proposed Activity The city is requiring that the road be relocated to conform to the current street grid and that 2 additional pedestrian crossings be installed
across the relocated creek. _ - --
Modifications —-- ----------
Embed minimum 6",import/backfill 6"of stream material and/or 3"for all culverts. Use arch,not 42". Match grade upstream and down,
while considering embedment. Please requirelinclude culvert plan and profile for each sitellocation,only wetland impacts were submitted
with application. No fish resting box necessary.
Work may not commence on a project for True Waiver of 15- False Recurrent Permit Expiration Date F_05121i'1201ansmittal Date
15 days after receipt of this decision day Waiting Permit unless district has checked the waiver x Period 05/1612020 9box. -- --
SUPERVISORS'SIGNATURES:
ri/ 1
......................................(cut here)................................................. ... . . .. ...
The applicant must agree to abide by the conditions of this permit by checking the appropriate box,signing below,and returning this form
to the district office within 15 days.GD 06-19
❑ I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection.
❑ I understand the project as proposed has been denied,and I may resubmit my application with modifications.
❑ I hereby agree to proceed with the project in accordance with the modifications contained herein,and will allow follow-up inspection.
If the applicant disagrees with the supervisors' decision and wishes to formally resolve the dispute, the applicant must check the box below, sign,
and return this form to the district within 5 working days.
❑ I disagree with the supervisors'decision and hereby request arbitration.
Signature of Applicant: _.--_ __ Date: ___
_ 310 PERMIT Decision Date Application Number
STREAMBED AND LAND PRESERVATION ACE(310 Law)Supervisors' Decision 511612019 GD 22-19
Landowner permission,easements or other federal,state,or local permits,licenses,special use permits,or authorizations may be required before construction
,ie project. It is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project
Name of Applicant _ Business Name Address
Steve Moore 3661 Jagar Lane
City State Zip Name of Perennial Stream
Bozeman MT 59718 Unnamed tributary of E.Catron Creek
Section _ � Township Ranae Su 'sons Decision
23 2S 5E Approval with modifications
Pro sed Activity
---------------The city is requiring that the road be relocated to conform to the current street grid and that 2 additional pedestrian crossings be installed
across the relocated creek.
Modifications
Embed minimum 6", importlbackfill 6"of stream material and/or 3"for all culverts. Use arch,not 42". Match grade upstream and down,
while considering embedment. Please requirelinclude culvert plan and profile for each sitellocation,only wetland impacts were submitted
with application. No fish resting box necessary.
Work may not commence on a project for True Waiver of 15 False Recurrent Permit Expiration Date Permit Transmittal Date
15 days after receipt of this decision day Waiting Permit —
unless district has checked the waiver x Period 05/1612020 05/21/2019
box. - - —
SUPERVISORS'SIGNATURES:
s'
......................................(cut here)...........................................................
The applicant must agree to abide by the conditions of this permit by checking the appropriate box,signing below,and returning this form
to the district office within 15 days.GD 06.19
❑ I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection.
❑ I understand the project as proposed has been denied,and I may resubmit my application with modifications.
❑ I hereby agree to proceed with the project in accordance with the modifications contained herein,and will allow follow-up inspection.
If the applicant disagrees with the supervisors' decision and wishes to formally resolve the dispute, the applicant must check the box below, sign,
and return this form to the district within 5 working days.
❑ I disagree with the supervisors'decision and hereby request arbitration.
Signature of Applicant: -- _- _ Date:
Form 273(Rev.07/01/97)
310 PERMIT 1: — L
Decision Date Application Number
STREAMBED AND LAND PRESERVATION ACE(310 Law)Supervisors'Decision I 511612019 I GD 22-19
Note: Landowner permission,easements or other federal,state,or local permits,licenses,special use permits,or authorizations may be required before construction
of the project. It is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project
Name of Applicant Business Name �t6ll
dress
Steve Moore Jagar Lane
city State zip Name of Perennial Stream
Bozeman MT 59718 Unnamed tributary of E.Catron Creek
Section Township Range Supervisor's Decision
23 2S FApproval with modifications
Proposed Activity
The city is requiring that the road be relocated to conform to the current street grid and that 2 additional pedestrian crossings be installed
across the relocated creek.
1-year permit extension granted by GCD at March 29,2020 meeting.
Modifications
Embed minimum 6",importlbackfill 6"of stream material and/or 3"for all culverts. Use arch,not 42". Match grade upstream and down,
while considering embedment. Please require/include culvert plan and profile for each sitellocation,only wetland impacts were submitted
with application. No fish resting box necessary.
Work may not commence on a project for True Waiver of 15- False Recurrent Permit Expiration Date Permit Transmittal Date
15 days after receipt of this decision unless day Waiting Permit
x
district has checked the waiver box. Period 0511612021 05121/2019
SUPERVISORS'SIGNATURES:
M /
dG -------------------------•-•-.-------.(cut here)------............... .....................
The applicant must agree to abide by the conditions of this permit by checking the appropriate box,signing below,and returning this form
to the district office within 15 days.GD 06-19
❑ I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection.
❑ I understand the project as proposed has been denied,and I may resubmit my application with modifications.
hereby agree to proceed with the project in accordance with the modifications contained herein, and will allow follow-up inspection.
If the applicant disagrees with the supervisors'decision and wishes to formally resolve the dispute,the applicant must check the box below,sign,and
return this form to the district within 5 working days.
❑ I disagree with the supervisor ' ee�si an y request arbitration. �1
Signature of Applicant: Date: v/3/