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HomeMy WebLinkAbout010 NWO-2007-01084_Verify_20221901DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 100 NEILL AVE SUITE 200 HELENA, MONTANA 59601 Printed on Recycled Paper January 19, 2022 SUBJECT: 2017 Nationwide Permit Verification; Norton Properties, LLC (Vaughn Environmental Services) Norton East Subdivision - Various Waterways (Gallatin County); USACE File No. NWO-2007-01084-MTH Killday & Stratton Inc. 2880 Technology Blvd Bozeman, MT 59718 To Whom it may Concern: We are responding to your request for Nationwide Permit (NWP) verification for the above-mentioned project. The project is located at Latitude 45.681886°, Longitude - 111.119536°, on Aajker Creek, within Section 9, Township 2 S, Range 5 E, Gallatin County, Montana. Specifically, you requested authorization for the following work in waters of the U.S.: 1. Two Stormwater ponds outlet will be constructed in uplands adjacent to Aajker Creek. One stormwater pond will be constructed at least 30 feet from Aaker Creek. This storm water drain will consist of a 30-inch PVC culvert with a concrete flared end section with a rock apron on the immediate end of the concrete section. The stormwater will drain into a newly constructed vegetated swale leading to Aajker Creek. No fill is proposed within the stream channel at this location. 2. The other outlet structure will consist of a subsurface 30-inch PVC drainpipe with a concrete flared end with a rock riprap apron. Approximately 1 cubic yard of 6-inch minus rock will be used to construct the concrete apron. 3. Approximately 22 linear feet of Aajker Creek will be impacted. 4. The work will be completed as detailed in the drawings entitled “Norton Ranch Subdivision – Phase 5” and submitted on behalf of the applicant by C&H Engineering and Survey Inc. Received on December 6, 2021. Under the authority of Section 404 of the Clean Water Act (CWA), DA permits are required for the discharge of fill material into waters of the U.S. Waters of the U.S. include the area below the ordinary highwater mark of stream channels and lakes, or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man-made channels, may be waters of the U.S. in certain circumstances, which must be determined on a case-by-case basis. 03/03/23 22203 Norton East Ranch Ph. 5B FP -2- Printed on Recycled Paper Based on the information you provided, the proposed activity, permanently affecting approximately 22 linear feet of Aajker Creek, is authorized by NWP 7, Outfall Structures found in the January 6, 2017, Federal Register (82 FR 1860), Reissuance and Modification of Nationwide Permits. Enclosed is a fact sheet that fully describes this NWP and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. You are responsible for ensuring that all work is performed in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP, may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action. The Montana Department of Environmental Quality has provided the enclosed CWA Section 401 water quality certification for this NWP which includes General Conditions, all of which must be complied with for that certification to remain valid. This does not eliminate the need to obtain other permits that may be required by that agency. This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5 (c) or (d). Activities completed under the authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP. In compliance with General Condition 30, we have enclosed a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the terms and conditions of the NWP. 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: https://regulatory.ops.usace.army.mil/customer-service-survey/ . 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. -3- Printed on Recycled Paper Please refer to identification number NWO-2007-01084-MTH in any correspondence concerning this project. If you have any questions, please contact Timothy Mcnew by email at Timothy.M.McNew@usace.army.mil or telephone at (406) 441-1375. Sincerely, Timothy M. McNew Senior Regulatory Project Manager 3 Enclosures: 1. Compliance Certification 2. Fact Sheet with Regional Conditions 3. CWA Section 401 Water Quality Certification cc: Morrison-Maierle Inc./Christine Pearcy Tim McNew Digitally signed by Tim McNew Date: 2022.01.19 15:06:12 -07'00' -4- Printed on Recycled Paper COMPLIANCE CERTIFICATION USACE File Number: NWO-2007-01084-MTH Permit Type: NWP 7, Outfall Structures Name of Permittee: Kliday & Stratton, Inc County: Gallatin County, Montana Date of Issuance: January 19, 2022 Project Manager: Timothy Mcnew Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to Montana.Reg@usace.army.mil or the following address: US Army Corps of Engineers Omaha District Helena Regulatory Office 100Neill Ave, Suite 200 Helena, Montana 59626 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the conditions of this permit, you are subject to permit suspension, modification, or revocation. - - - - - - - - - - - - - - - - - - - - - - - - - - - I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. _____________________________________ Signature of Permittee ___________________ Date