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HomeMy WebLinkAboutBozemanStockyards JntPerAppl_03122021 March 12, 2021 Ms. Sage Joyce Montana Regulatory Program Manager Montana Regulatory Office U.S. Army Corps of Engineers 10 West 15 Street, Suite 2200 Helena, Montana 59626 Subject: Permit request for Bozeman Stockyards, East Gallatin Creek, Bozeman, Gallatin County, MT Ms. Joyce, A 177-ft section of bank on the East Gallatin River has failed and the river is threatening a pole barn in Bozeman, MT. This section of bank was first stabilized using bio-engineered techniques by another firm in 2014. The bank failed in 2018 and has continued to erode in the subsequent two springs. The proposed work would occur in the same area as what was previously stabilized. The new design is a more robust bio-engineered approach using oversized cobble in the toe of the bank, rootwads, and a low floodplain bench. Based on the fact that the project was previously authorized, we believe that the project should qualify for Nationwide Permit 3 – Maintenance. The project occurs within the City of Bozeman. As such, no impacts to any species listed under the Endangered Species Act are anticipated. The habitat is unsuited to the Ute ladies- tresses’ orchid and this species has not been identified anywhere near this location. A ‘No Effect’ determination is appropriate for all listed species. No impacts to historic structures will occur. Your attention to this matter is greatly appreciated. Our preferred construction window is this summer. Please do not hesitate to contact me with questions or requests for additional information. Sincerely, James Lovell President jlovell@confluenceinc.com CONFLUENCE c o n s u lt i n g i n co r p o r a t e d 406-585-9500 fax 406-582-9142 P.O. Box 1133 1115 N. 7th Ave, Suite 1 Bozeman, MT 59771-1133 www.confluenceinc.com 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 ✓ 310 Permit Local Conservation District No fee SPA 124 Permit Department of Fish, Wildlife and Parks No fee ✓ Floodplain Permit Local Floodplain Administrator Varies by city/county ($25 - $500+) ✓ Section 404 Permit, Section 10 Permit U. S. Army Corps of Engineers Varies ($0 - $100) ✓ 318 Authorization 401 Certification Department of Environmental Quality $250 (318); $400 - $20,000 (401) Navigable Rivers Land Use License, Lease, or Easement Department of Natural Resources and Conservation, Trust Lands Management Division $50, plus additional fee A. APPLICANT INFORMATION NAME OF APPLICANT (person responsible for project): Wake Up Inc. (Christine Huyser) Has the landowner consented to this project? ☒ Yes ☐ No Mailing Address: P.O. Box 23, Harrison, MT 59735 Physical Address: Click here to enter physical address. Day Phone: (406) 586-9728 Evening Phone: Same E-Mail: christinehuyser@gmail.com NAME OF LANDOWNER (if different from applicant): Same Mailing Address: Same Physical Address: Same Day Phone: Same Evening Phone: Click here to enter or N/A. E-Mail: Click here to enter or N/A. NAME OF CONTRACTOR/AGENT ): Jim Lovell (Confluence Consulting Inc.) Mailing Address: P.O. Box 1133, Bozeman, MT 59771-1133 Physical Address: 1115 N. 7th St., Suite 1, Bozeman, MT 59771-1133 Day Phone: 406-585-9500 Evening Phone: Click here to enter name or N/A. E-Mail: jlovell@confluenceinc.com B. PROJECT SITE INFORMATION NAME OF STREAM or WATER BODY at project location East Gallatin River Nearest Town Bozeman Address/Location: 930 E. Griffin Dr., Bozeman, MT 59715 Geocode (if available): 06-0799-06-1-01-50-0000 Choose.1/4 Choose. 1/4 Choose. 1/4, Section 06, Township 02 S, Range 06 E County Gallatin Longitude -111.022244 Latitude 45.698668 AGENCY USE ONLY: Application # ___________ Date Received ____________ Date Accepted ____________/ Initials _____ Date Forwarded to DFWP ____________ Revised: 6/5/15 (310 form 270). Form may be downloaded from: www.dnrc.mt.gov/ licenses-and-permits/stream-permitting This space is for all Department of Transportation and SPA 124 permits (government projects). Project Name _________________________________________________ Control Number ________________________________ Contract letting date ________________________________________________ MEPA/NEPA Compliance  Yes  No If yes, #14 of this application does not apply. 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. 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 Information for Applicant. C. PROJECT INFORMATION 1. TYPE OF PROJECT (check all that apply) ☐ Bridge/Culvert/Ford Construction ☐ Fish Habitat ☐ Mining ☐ Bridge/Culvert/Ford Removal ☐ Recreation (docks, marinas, etc.) ☐ Dredging ☐ Road Construction/Maintenance ☐ New Residential Structure ☐ Core Drill ☒ Bank Stabilization/Alteration ☐ Manufactured Home ☒ Placement of Fill ☐ Flood Protection ☐ Improvement to Existing Structure ☐ Diversion Dam ☐ Channel Alteration ☐ Commercial Structure ☐ Utilities ☐ Irrigation Structure ☐ Wetland Alteration ☐ Pond ☐ Water Well/Cistern ☐ Temporary Construction Access ☒ Debris Removal ☐ Excavation/Pit ☐ Other _____________________________________________ ☒ No 5. WHAT IS THE PURPOSE of the proposed project? The purpose of the project is to create and vegetate a bankfull bench with riparian vegetation between an eroding streambank and an existing pole barn structure on the East Gallatin River that will help to protect the pole barn structure from bank erosion at the toe of the bank for up to the 100-yr flow event and create additional room for the future alignment of a City trail. Please see the 310 Evaluation Matrix in Attachment A. 6. PROVIDE A BRIEF DESCRIPTION of the proposed project. The East Gallatin River is causing erosion of a streambank and threatening the loss of a pole barn. This streambank was stabilized in 2014 using relatively soft bio-engineering techniques that failed in May 2018. The current proposed solution is to stabilize the streambank by excavating material from a gravel bar partially blocking the left side of the channel to create a floodplain bench with a rock toe, reinforced with footer logs and rootwads to prevent bank erosion. The floodplain bench will be revegetated with native willow transplants or nursery stock, sod mats (to the extent possible), and seed on top of native topsoil. Plan sheets are provided in Attachment B. 7. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition, bank slope, height, nearby structures, and wetlands. The site is a raw, eroding bank with some pasture grasses on the top of the bank. Some cobble and broken concrete has been dumped at the toe of the bank to try and slow the rate of bank erosion. The 6.5 ft tall, nearly vertical bank, extends for roughly 177 feet along the east bank of the East Gallatin River, 1500 feet PROPOSED CONSTRUCTION DATE. Include a project timeline. Start date 6/15/20214. (If yes, an annual plan of operation must be attached to this application – see “Information for Applicant”) IS THIS APPLICATION FOR an annual maintenance permit? ☐ Yes ☒ No3. See plans provided in Attachment B. • an arrow indicating north buildings, utilities, roads, or bridges • drainage facilities • location of existing or proposed structures, such as • location of storage or stockpile materials • dimensions and location of fill or excavation sites • dimensions of the project (height, width, depth in feet) • an elevation view • a plan view (looking at the project from above) • a cross section or profile view . PLAN OR DRAWING of the proposed project MUST be attached. This plan or drawing must include:2 Yes (If yes, describe the completed work.) Finish date 10/31/2021 Is any portion of the work already completed? ☐ upstream of its confluence with Bozeman Creek. Since 2018 the bank has continued to erode its bank and is now threatening a pole barn, with less than 6 feet between the pole barn and the top of the bank. Emergent wetlands occur as fringe along the banks upstream and downstream of the eroding bank, but no wetlands occur along the eroding bank itself. Photographs of the site are included in Attachment C and in the attached wetland delineation report provided in Attachment D. 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? Approximately 177 feet of bank, 0.06 ac of stream channel, and 20 sq. ft of wetland would be permanently impacted. An additional 0.08 ac of stream channel would be temporarily impacted. The bank would be built out into the creek to build a floodplain bench that will put some distance between the streambank and the pole barn, with the bench being a maximum width of 18 feet in its center. The new bank length is 155 feet. A temporary coffer dam would be installed using native gravel and/or cement blocks to help protect the stream from construction generated turbidity and allow the work area to be dewatered as needed. Plan sheets are provided in Attachment B. 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 top of the bank is dominated by pasture grasses, predominantly smooth brome (Bromus inermis) (see photos in Attachment B). The project proposes to extend the bank into the stream channel away from the top of bank and the pole barn, and so will minimally impact existing vegetation. The project will be revegetated using transplanted/nursery willows and native riparian shrubs from a nursery, as well as with a native riparian seed mix. 10. MATERIALS. Describe the materials proposed to be used. Note: This may be modified during the permitting process. It is recommended you do not purchase material until all permits are issued. Cubic yards/Linear feet Size and Type Source 18 ea. (~30 ft x 1.5 ft dia.) Rootwads (conifer and cottonwood) Big Sky, Cardwell 12 ea. (~30 ft x 1.5 ft dia.) Footer logs (conifer and cottonwood) Big Sky, Cardwell 13 ea. Mature willow transplants/Nursery willows On-site, local nursery 22 ea. Riparian shrubs (dogwood, wild rose, etc.) 40 cy Oversized cobble (D50 = 11 in.) Provided by contractor 164 cy Gravel On-site/Provided by contractor 70 cy Topsoil On-site, Provided by contractor 11. EQUIPMENT. List all equipment that will be used for construction of the project. How will the equipment be used on the bank and/or in the water? Note: Make sure equipment is clean and free of weeds, weed seeds, and excess grease before using it in the water waterway. To prevent the spread of aquatic invasive species, to the extent practical, remove mud and aquatic plants from heavy machinery and other equipment before moving between waters and work sites, especially in waters known to be infested with aquatic invasive species. Drain water from machinery and let dry before moving to another location. It is expected that the majority of the work will be performed using an excavator with a hydraulic thumb and dump trucks. Additional machinery may include a skidsteer and/or ATV. 12. DESCRIBE PLANNED EFFORTS TO MINIMIZE PROJECT IMPACTS. Consider the impacts of the proposed project, even if temporary. What efforts will be taken to: • Minimize erosion, sedimentation, or turbidity? The project will be constructed during lower flows and a coffer dam will be used to isolate the work area from the creek to reduce sediment inputs to the creek. Turbidity will be monitored up and downstream of the project to monitor net increases in turbidity caused by the project and all permit requirements for turbidity adhered to. The site will also be seeded to minimize long-term sediment inputs to the creek. • Minimize stream channel alterations? Stream channel alterations have been minimized to the extent practicable to be able to stabilize the streambank. The top of the new streambank will be at a lower elevation and so will allow more frequent access to the floodplain. Please see the 310 Evaluation Matrix provided in Attachment A. • Minimize effects to stream flow or water quality caused by materials used or removal of ground cover? Streamflow will temporarily be diverted toward the left side of the channel (facing downstream) during construction to prevent erosion and excess turbidity. The flow pattern will be restored to current conditions when construction has been completed. Turbidity will be minimized by constructing the project during low flows and use of a coffer dam to isolate the project area from the creek. Please see the 310 Evaluation Matrix provided in Attachment A. • Minimize effects on fish and aquatic habitat? Replacing the existing vertical, eroding banks with rootwads and brush layering in the project area will have a dramatic beneficial effect on fish and aquatic habitat (see EMRRP technical note provided in Attachment D). Also, please refer to the 310 Evaluation Matrix provided in Attachment A for a more complete review. • Minimize risks of flooding or erosion problems upstream and downstream? Please see the 310 Evaluation Matrix provided in Attachment A. The project will not alter the base flood elevation and will have no effect on flooding and minimal effect on erosion up and downstream of the project. The project will greatly reduce sediment inputs to the creek from eroding streambanks. • Minimize vegetation disturbance, protect existing vegetation, and control weeds? The project is limited to just the area needed to conduct the bank repair work. The new floodplain bench will promote establishment of riparian vegetation such as willows and other mesic species. 13. WHAT ARE THE NATURAL RESOURCE BENEFITS of the proposed project? The project will have the following natural resource benefits: 1. Enhancement of onsite aquatic habitat by installing rootwads that will provide hiding cover for mature and juvenile fish. 2. Reduction of sediment inputs caused by severe bank erosion will enhancement downstream aquatic habitat, reducing the smothering of aquatic organisms and redds. 3. Onsite energy dissipation provided by the roughness created by rootwads in the bank. 14. LIST ALTERNATIVES to the proposed project. Why was the proposed alternative selected? Please see the detailed alternatives analysis provided in the 310 Evaluation Matrix provided in Attachment A. The previously restored bank used a softer bioengineering approach which ended up failing. A ‘harder’ approach, such as riprap, would accomplish the goal of the project to halt the bank erosion, but does not take into account natural resource benefits to fish and other aquatic organisms and could potentially transfer energy downstream to the opposing bank, potentially increasing erosion. The proposed approach attempts to balance these goals by creating aquatic and riparian habitat, but also including a more substantial bio- engineered approach that incorporates some oversized cobble at the toe of the new bank, as well as bio- degradable materials such as rootwads and planted willows in the mid to high bank areas (see cross-section on Sheet 4 in Attachment B). 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 dredged (excavated) and/or fill material below the ordinary high water mark, in 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: Wetland delineations are required if wetlands are affected. Creation of the floodplain bench will occur below the ordinary high water mark. An estimated 0.06 acres and 155 feet of stream channel would be filled with 18 rootwads and 12 footer logs, 164 cy of gravel, 70 cy topsoil, 40 cy oversized cobble (D50 = 11 in. dia.), as well as 35 planted shrubs (e.g., willows, dogwood, etc.). Wetland impacts are estimated to be 20 sq. ft (0.0005 ac). An additional 0.08 ac of stream channel would be temporarily impacted for the temporary placement of a coffer dam during construction. The coffer dam will be temporary, and constructed from native gravel and/or cement blocks. The blocks removed and the gravel re-graded onsite to pre-construction contours prior to finishing the project. 2. Description of avoidance, mitigation, and compensation (see Information for Applicant). Attach additional sheets if necessary. This project will avoid unnecessary impacts to adjacent wetlands by clearly identifying travel routes and by working when water levels are low. 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). Please refer to the parcel map included with the table below. Adjacent Parcel No. (see map on next page) Landowner Name and Address 1 The City of Bozeman 121 N. Rouse Ave Bozeman, MT 59715-3740 2 Wake Up Inc. P.O. Box 23 Harrison, MT 59735-0023 • 3 • 2511N LLC & UND • P.O. Box 13 Adjacent Parcel No. (see map on next page) Landowner Name and Address • Bozeman, MT 59771-0013 4 Michael Schlegel 2210 Lea Ave Bozeman, MT 59715-2264 5 Burlington Northern Railroad Co. Property Tax Dept Fort Worth, TX 76161-0089 6 Montana Rail Link MAIL TO: Washington Corp Missoula, MT 59808-6630 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. 310 Permit Pending 404/401 Permit Pending Floodplain Permit Pending 318 Turbidity Waiver Pending Sketch Plan Review City of Bozeman 5. Floodplain Map Number 30031C0809D 6. Does this project comply with local planning or zoning regulations? ☒ Yes ☐ No 1 1 1 2 2 2 2 3 4 5 6 1 ATTACHMENT A – 310 EVALUATION MATRIX Joint Permit Application Bozeman Stockyards Bozeman, Montana 310 Permit Evaluation Matrix Date:3/12/2021 Stream/Project Name: East Gallatin River/Bozeman Stockyards Bank Stabilization Evaluator:Confluence Team Project Alternatives FACTOR I M S I M S I M S RATIONALE (i) the effects on soil erosion and sedimentation, considering the methods available to complete the project and the nature and economics of the various alternatives; x x x Alt. 1 would likely have the least impact on erosion and sedimentation because the material used would be readily erodible, whereas the materials used in Alternatives 2 and 3 would be more resistant to erosion and ongoing sedimentation to the East Gallatin River. Because Alt. 3 has more complexity in the bank, it will cause more turbulence and dissipate energy within the project limits, not transferring the energy like Alt. 2 could to the downstream opposing bank. (ii)a. whether there are modifications or alternative solutions that are reasonably practical that would reduce the disturbance to the stream and its environment ... [rank: reduces disturbance the most = 1, reduces disturbance the least = 3] Alt. 1 would continue to allow bank erosion and so would continue to have the highest level of erosion and contribute the most amount of sediment to the East Gallatin River. Alt. 2 would be locally more stable but could have impacts downstream, whereas Alt. 3 would dissipate energy at the bank and provide time for the willows' root systems to become fully established. Project Purpose: The purpose of the project is to create and vegetate a bankfull bench with riparian vegetation between an eroding streambank and an existing pole barn structure on the East Gallatin River that will help to protect the pole barn structure from bank erosion at the toe of the bank for up to the 100-yr flow event and create additional room for the future alignment of a City trail. 1 3 2 Alt. 1 - Soft bioengineering approach - build out bench using native gravels from a nearby in-channel deposit and plant with willow clumps and live fascines. Alt. 2 - Hard engineering approach - build out bench using native gravels from a nearby in-channel deposit. Install Class 3 riprap along the bank line to prevent bank erosion. Plant top of bench with willows and riparian vegetation. Alt. 3 - Preferred approach - Install footer logs and rootwads along the lower 3-ft or more of new bankline. Install oversized cobble below footer logs 0.5-ft to depth of scour and behind wood structure. Build out bench using native gravels from a nearby in-channel deposit. Install willow clumps and riparian INSTRUCTIONS: Determine whether the proposed project is a reasonable means of accomplishing the purpose of the proposed project. To determine if the project is reasonable, the following must be considered: (rate as Insignificant, Moderate, or Significant) Alt. 1 - Soft Alt. 2 - Hard Alt. 3 - Pref. Page 1 of 3 FACTOR I M S I M S I M S RATIONALE Alt. 1 - Soft Alt. 2 - Hard Alt. 3 - Pref. (ii)b. whether there are modifications or alternative solutions that are reasonably practical that would ... better accomplish the purpose of the proposed project; [rank: least preferred=1, Preferred = 3] Alt. 1 would likely fail because the proposed material is what was used previously and that failed. Alt. 2 would accomplish the purpose, but uses riprap and does not provide as much aquatic habitat as Alt. 3. Riprap is generally recommended to be avoided because it is so immovable and can sometimes cause increased bank erosion downstream from where it is placed. (iii) whether the proposed project will create harmful flooding or erosion problems upstream or downstream;x x x Engineer's hydraulic analyses of Alt. 3 indicates that the average partical size mobilized during a bankfull (2-year), and 5-year flood event would be 3.1 and 3.75 inches, respectively, an increase of roughly 0.1 inches compared to existing conditions. A HEC-RAS analysis of floodplain elevations indicates that the project would cause no-rise during the 10- year flood event, and no rise during the 100-yr event. Because of an increased roughness value from the rootwads in Alt. 3, flow will be slowed and energy dissipated at the bank. The smoother plan form of Alts. 1 & 2 could lead to increased erosion at the project bank (Alt. 1), or transfer the erosive energy downstream to the opposing bank under Alt. 2. Because of onsite energy dissipation under Alt. 3, no impacts to the downstream left banks are anticipated. In addition, the downstream left bank is well-vegetated and the proposed floodplain bench will help to alleviate more forceful flows at higher discharges. (iv) the effects on stream channel alteration;x x x The project would have a moderate effect on stream sinuosity. 177 feet of bank would be restored to its previous alignment to a new length of 155 feet, or 22 feet less than it is currently. For context, this proposed change in bank length of 22 feet is less than half of a bankfull width (~51 ft). Sinuosity would decrease from the existing 1.066 to a proposed value of 1.06. Note that the proposed sinuosity of 1.06 is lower than existing conditions, but higher that the effective sinuosity used in the floodplain model for this area of 1.05. (v) the effects on streamflow, turbidity, and water quality caused by materials used or by removal of ground cover; and x x x No effect on streamflow. Temporary turbidity during construction. Alternatives 2 and 3 would have the most beneficial impact on longer term water quality by reducing bank erosion and sediment delivery to the stream. 1 2 3 Page 2 of 3 FACTOR I M S I M S I M S RATIONALE Alt. 1 - Soft Alt. 2 - Hard Alt. 3 - Pref. (vi) the effect on fish and aquatic habitat.x x x Alternative 3 would have the most beneficial impact on fish and aquatic habitat because the rootwads provide habitat complexity, hydraulic diversity, and substrate sorting. These factors provide cover and substrate for aquatic organisms that the other two alternatives do not provide to the same degree. Count of factors i, iii, iv, v, & vi.3 2 0 2 3 0 4 1 0 NOTES: Based on this analysis no significant effects were identified for any of the Alternatives. Alternative 3 - Pref. Alternative ranks as the least impactful because it has 4 factors rated as 'Insignificant' and one factor rated as 'Moderate'. Alternative 1 - Soft Bioengineering has 3 ratings of 'Insignificant' and 2 ratings of 'Moderate'. Alternative 2 - Hard Engineering is the most invasive with 2 ratings of 'Insignificant' and 3 ratings of 'Moderate'. Page 3 of 3 ATTACHMENT B – SITE PLANS Joint Permit Application Bozeman Stockyards Bozeman, Montana ATTACHMENT C – PHOTOGRAPHS Joint Permit Application Bozeman Stockyards Bozeman, Montana Photo 1. Facing downstream at eroding streambank and pole barn. (March 2020) Photo 2. Facing upstream at eroding streambank and pole barn. (March 2020) ATTACHMENT D – WETLAND AND NON- WETLAND WATERS OF THE U.S. DELINEATION REPORT Joint Permit Application Bozeman Stockyards Bozeman, Montana ATTACHMENT E – Technical Note: Rootwad Composites for Streambank Erosion Control and Fish Habitat Enhancement Joint Permit Application Bozeman Stockyards Bozeman, Montana