HomeMy WebLinkAbout002 NWO-2007-01084-APJDletterDEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
HELENA REGULATORY OFFICE
10 WEST 15TH STREET, SUITE 2200
HELENA, MONTANA 59626
REPLY TO
ATTENTION OF
Printed on Recycled Paper
January 22, 2018
Regulatory Branch
Montana State Program
Corps No. NWO-2007-01084-MTH
Subject: Norton Properties, LLC (Vaughn Environmental Services) Norton East Subdivision –
Jurisdictional Determination
Kevin Spencer
Norton Properties, LLC
63026 Lower Meadow Drive, Suite 200
Bend, Oregon 97701-6984
Dear Mr. Spencer:
We are responding to your request for an approved jurisdictional determination regarding the
above-referenced project. The approximate 50.0-acre project site is located within Section 9, Township 2
S, Range 5 E, Latitude 45.681976°, Longitude -111.119475°, Gallatin County, Montana.
Based on available information, and site visit conducted by Tim McNew, Senior Regulatory
Manager, on September 14, 2020, an approved jurisdictional determination has been completed for the
areas identified in your request and is enclosed for your information. We concur with the estimate of
waters of the United States, as depicted on the enclosed map, and exhibit dated December 15, 2020,
titled “Norton Properties, Inc. Norton East Ranch Subdivision Gallatin County, EX1”, prepared by C&H
Engineering and Surveying, Inc. Approximately 9.0506 acres of palustrine emergent wetlands are
present within the survey area.
The 9.0506-acres of additional waters identified on the attached map as Gray Wetland (5.0402
acres), Green Wetland (3.3819 acres) and Blue Wetland (0.6285 acres), do not meet the definition of
waters of United States as they are non-adjacent wetlands [excluded (b)(1) waters]. As such, these
waters are not currently regulated by under Section 404 of the Clean Water Act. This disclaimer of
jurisdiction is only for Section 404 of the Federal Clean Water Act. Other Federal, State, and local laws
may apply to your activities. Please note, though the 5.0402 acres of wetland identified as “Gray
Wetland” are not jurisdictional waters of the U.S., they remain protected from impacts, as detailed in the
deed restriction executed on April 21, 2008.
This letter contains an approved jurisdictional determination for your subject site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part
331. A Notification of Appeal Process (NAP) and Request for Appeal (RFA) form is enclosed. If you
request to appeal this determination you must submit a completed RFA form to the Northwestern Division
Office at the following address:
U.S. Army Corps of Engineers, Northwestern Division
ATTN: Melinda Larsen, Regulatory Appeals Review Officer
1201 NE Lloyd Blvd., Suite 400
Portland, OR 97232
Telephone: (503) 808-3888
Email: Melinda.M.Larsen@usace.army.mil
03/03/23
22203 Norton
East Ranch Ph.
5B FP
-2-
Printed on Recycled Paper
The JD will be available at the following website within 30 days
http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Montana.aspx . If you are not in agreement
with the JD, you may request an administrative appeal under Corps of Engineers (Corps) regulations
found at 33 C.F.R. §331. The Request for Appeal must be received within 60 days from the date of this
correspondence. If you would like more information on the jurisdictional appeal process, contact this
office. It is not necessary to submit a Request for Appeal if you do not object to the JD.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete,
that it meets the criteria for appeal under 33 C.F.R. part 331.5, and that it has been received by the
Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must
be received at the above address by March 23, 2021. It is not necessary to submit an RFA form to the
Division Office if you do not object to the determination in this letter.
This determination has been conducted to identify the limits of Corps of Engineers' Clean Water
Act jurisdiction for the particular site identified in this request. This determination may not be valid for the
wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are U.S.
Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs,
you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service prior to starting work.
This determination is valid for five (5) years from the date of this letter, unless new
information warrants revision of the determination before the expiration date.
The Omaha District, Regulatory Branch is committed to providing quality and timely service to our
customers. In an effort to improve customer service, please take a moment to complete our Customer
Service Survey found on our website at http://per2.nwp.usace.army.mil/survey.html . If you do not have
Internet access, you may call and request a paper copy of the survey that you can complete and return to
us by mail or fax.
Please refer to identification number NWO-2020-00500-MTH in any correspondence concerning this
project. If you have any questions, please contact Timothy McNew at Helena Regulatory Office
10 West 15 Street, Suite 2200 Helena, Montana 59626, by email at Timothy.M.McNew@usace.army.mil,
or telephone at (406) 441-1375.
Sincerely,
Sage L. Joyce
State Program Manager
Copy Furnished with enclosures (via email):
Ms. Barbara Vaughn, #COMPANY NAME (bvaughn@montana.com)
Enclosures:
Request for Appeal Form
Norton Properties, Inc. Norton East Ranch Subdivision, Wetland Delineation Exhibit
Covenant of Dedication and Deed Restriction
·
·
·