HomeMy WebLinkAbout007 Middle Creek Ditch Lateral Letter and attachements 11
Tyler Steinway
From:Grant Syth <grant@bridgerbuilders.com>
Sent:Wednesday, May 4, 2022 7:42 PM
To:Derek Williams
Cc:David Gordon
Subject:Re: Middle Creek Ditch lateral
Thanks for sending and keeping us in the loop. No concerns here.
GRANT SYTH | Bridger Builders
406.539.6015 | 115 W. Kagy Blvd, Suite L, Bozeman, MT 59715
________________________________
bridgerbuilders.com
On May 2, 2022, at 7:32 PM, Derek Williams <derek@bridgerdevelop.com> wrote:
Hey Grant,
The City of Bozeman adopted a new ordinance (BMC 38.360.280. Agricultural Water User
Facilities and BMC 38.410.060. Easements) in January of this year (2022). The ordinance requires that I
notify you of our Buffalo Run development as it relates to our water rights on the Middle Creek Ditch
lateral. So attached is the official notification and an exhibit showing the Buffalo Run proposed site plan.
The ordinance requires a 45 day period for you to provide any comment regarding our proposed
development. So let me know if you have any concerns, questions or comments. Thanks Grant!
Derek
Derek Williams, P.E. | Owner/Founder
<image001.jpg>
5400 Fowler Lane
Bozeman, Montana 59718
303-887-4045
derek@bridgerdevelop.com
<Exhibit A.pdf><2022-05-02 Ltr BRB to Wastewater Right Holders re No Impact - KDG Holdings.docx>
May 2, 2022
Dear Grant,
This letter serves as notice to co-owners of waste and seepage water right claims 41H
103732-00, 41H 103733-00, and 41H 30151619 (“Wastewater Rights”) about the proposed
Homestead at Buffalo Run development project (the “Project”). The Project design ensures that
all co-owners of the Wastewater Rights will continue to receive their historical quantity of water
at their turnout, as specified below.
The source of these Wasterwater Rights is “waste and seepage” from groundwater that
accumulates in an unnamed tributary of Baxter Creek and from upgradient water users’ wasted
water. The Wastewater Rights entitle the co-owners to collectively divert about 3.75 cfs of
available wastewater into an open Drain Ditch at a point of diversion in the SWSWSW Section
23, T2S R5E, Gallatin County, which is located on property owned by Jon C. & Elizabeth R.
Christensen. The Drain Ditch travels in a northern direction from its point of diversion, traversing
the Christensen property and property owned by KDG Holdings LLC, before entering the Project
property. The Drain Ditch then crosses the Project property in a northeasterly direction before
terminating somewhere on property owned by Bozeman Haus Two, LLC.
The Project will not impact any portion of the Drain Ditch on the Christensen or KDG
Holdings LLC properties since those lots are up ditch from the Project. Therefore, the Project will
have no impact to Christensen’s or KDG Holdings LLC’s abilities to access and convey their
portion of the Wastewater Rights onto their respective places of use.
The only down ditch co-owner of the Wastewater Rights is Bozeman Haus Two, LLC. To
ensure the Project does not interfere with Bozeman Haus Two, LLC’s right to access and covey
its portion of the Wastewater Rights to its place of use, the developer will (1) pipe the Drain Ditch
across the Project property and (2) daylight the pipeline at the existing location where the Drain
Ditch crosses from the Project property to Bozeman Haus Two, LLC’s property. Therefore,
Bozeman Haus Two will receive its water at the same location, and in the same quantity as it has
historically received the water.
The developer of the Project understands that Bozeman Haus Two may prefer the Drain
Ditch be closed off; however, unless and until Bozeman Haus Two terminates its interest in the
Wastewater Rights and its interest in the Drain Ditch, the Developer will ensure the means of
conveyance for the Wastewater Rights to Bozeman Haus Two’s property remains intact.
Sincerely,
Buffalo Run Bozeman, LLC
Derek Williams
Manager
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Scale:475 W. 12th Avenue - Suite E
Denver, Colorado 80204-3688
(303) 893-4288 Date:OCTOBER 22, 2021
SITE PLAN SUBMITTAL
THE HOMESTEAD AT BUFFALO RUN
5400 FOWLER LANE
S23, T02 S, R05 E, N2SW4SW4, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
Revision Date:
S2 - SITE PLAN
05010025SCALE: 1"=50'
100'
KURK DRIVE (60' R.O.W.)
MULTI-FAMILY APARTMENT
BUILDINGS, UNITS VARY, SEE SITE
DATA CHART ON C-COVER SHEET.
ROWHOUSES, WITH ATTACHED 2-CAR
GARAGE EA.
30' PED R.O.W,
WITH 5' BUILDING
SETBACKS
SITE VISION TRIANGLE,
COLLECTOR AND LOCAL
STREET REQUIREMENTS,
TYP.FOWLER LANE, MINOR ARTERIAL, (100' R.O.W.)AVENUE C (60' EASEMENT)AVENUE B (60' EASEMENT)SITE VISION TRIANGLE, ARTERIAL
STREET REQUIREMENTS ON STREET PARKING, TYP.
(1 SPACE/24 LF), SEE S3,
PARKING PLAN.
EXISTING POND
AND DRAINAGE
(RE-ALIGNED)
DUPLEX BUILDING, TYP.
10' UTILITY EASEMENT,TYP.
PARKING FACILITY #1
PARKING FACILITY #2
PARKING FACILITY #3 PARKING FACILITY #3
PARKING FACILITY #4PARKING FACILITY #4
10' UTILITY
EASEMENT, TYP.30' UTILITY EASEMENT
LANDSCAPED BLOCK
FRONTAGE
LANDSCAPED BLOCK FRONTAGE, SEE S6
TRAIL/PATHWAY
FRONTAGE, SEE S6
MIXED BLOCK FRONTAGE, SEE S6
LANDSCAPED BLOCK FRONTAGE
GRILL AREA WITH COVERED
PAVILION, TYP. (X2 ON SITE)
PEDESTRIAN R.O.W.
(10' EASEMENT WITH 10'
SETBACKS)
MEADOW CREEK
PARK EXPANSION,
(2.16 ACRES),
SEE LANDSCAPE PLANS.
FUTURE SIDEWALK
EXISTING R.O.W.
COVERED PARKING, TYP.
NEIGHBORHOOD
CENTER
COMMUNITY
PAVILION
BIKE RACK STATIONS, SEE
S3, PARKING PLAN.
30' PED
R.O.W.
TEMPORARY 120'
HAMMERHEADTEMPORARY HAMMERHEAD
(60' FROM CENTER LINE)
SNOW STORAGE:
REQUIRED:
144,400 CU FT
PROVIDED:
154,899 CU FT
NOTE: SEE CIVIL PLANS AND SNOW STORAGE REPORT THAT IS
PART OF THIS SUBMITTAL FOR FURTHER TECHNICAL DATA
REGARDING SNOW STORAGE.
LANDSCAPE AREA - TOTAL: 175,133 SF
LEGEND
CONCRETE WALK - TOTAL: 90,634 SF
ASPHALT DRIVES & PARKING - TOTAL: 280,126 SF
SNOW STORAGE
*SEE CALCULATION CHART, THIS SHEET
TRASH ENCLOSURE NOTES:
1. ALL TRASH ENCLOSURE AREAS ON THE SITE PLAN ARE
10'x10', THESE AREAS WILL ACCOMMODATE A CONTAINER
CAPACITY OF 8 CU YD EACH.
2. ENCLOSURES TO HAVE 6" WALL SURROUNDING THE SIDES
AND BACK.
3. FRONT SIDE WILL HAVE A PIVOTING GATE WITH LATCH TO
ACCESS THE CONTAINERS.
4. ALL ENCLOSURES TO BE DESIGNED WITH A SHELTER
OVERHANG.
5. TOTAL TRASH ENCLOSURES : 12 (8 CU YD CONTAINER EA.)
PARKING LOT LANDSCAPING,
TYP., SEE S4 PARKING FACILITY #3LANDSCAPED BLOCK
FRONTAGEPARKING FACILITY #4SPECIAL RESIDENTIAL BLOCK
FRONTAGE, SEE S6
MONUMENT SIGNAGE
TRAIL/PATHWAY
FRONTAGE, SEE S6
TRAIL/PATHWAY
FRONTAGE, SEE S6
SPECIAL RESIDENTIAL
BLOCK FRONTAGE, SEE S6
SPECIAL RESIDENTIAL BLOCK
FRONTAGE, SEE S6.
SPECIAL RESIDENTIAL BLOCK
FRONTAGE, SEE S6.
SPECIAL RESIDENTIAL
BLOCK FRONTAGE, SEE S6.
SPECIAL RESIDENTIAL BLOCK
FRONTAGE, SEE S6.
SPECIAL RESIDENTIAL
BLOCK FRONTAGE, SEE S6.
SNOW STORAGE, TYP. SEE
CALCULATIONS BELOW
SITE VISION TRIANGLE,
COLLECTOR AND LOCAL
STREET REQUIREMENTS, TYP.
SNOW STORAGE, TYP. SEE
CALCULATIONS BELOW
PARKING LOT LANDSCAPING, TYP,
SEE S4
TRASH ENCLOSURES, 2
CONTAINERS PER ENCLOSURE,
TYP,. SEE NOTES, THIS SHEET.
PARKING LOT LANDSCAPING - SEE SHEET S4
Exhibit A