09. Final Plat - Lone Pine Trails Subdivision (fka Lone Pine Estates Sub)REPORT T*
FROM:
SUBJECT
City of Kalispell
Planning Department
7 - 2nd Street East, Suite 211, Kalispell, Montana 5990
Telephone-. 6 75 . - 85o
Fax* (406) 75 1-858
ebsl te-1 kas pel planning,,eom
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James r . Patrick, City Manager
Final Plat for Lorne Pine *trails
MEETING ATE: September 5, 2006
BACKGROUND: This is a request for final plat approval of Lone Pine 'grails, a
residential subdivision which includes 29 single-family lots, 52 two unit
townhouse lots and 3.106 acres of parkland on approximately 23 acres. The
plat 's located south of Fogs Lake road, west of Valley View Drive at the base of
Lone Pine State Farb. The project received a PUD zoning overlay to provide a
mechanism for the developer to gain flexibility in lot sizes, housing types and
site configuration that mould not otherwise be allowed under the traditional R-
2 zoning designation.
A Subdivision Improvements ents greement (SIA) in the amount t of $411,062.50
has been submitted to secure completion of the remaining improvements which
consist Primarily of landscaping, street sig age, road work including base and
paving, sidewalks and completion of a lift station communication lire. The
letter of credit submitted with the final plat application addresses the 1.25% of
the estimated cost of remaining improvements. ts. The estimated completion date
for the remaining items listed n the SIA is October 30, 2007 and the letter of
credit expires on December 30, 2007.
RECOMMENDATION: A motion to approve the final plat for Lone Pine e Trails
Subdivision and accept the Subdivision Improvement Agreement would be in
order.
FISCAL EFFECTS# Positive impacts once developed. The Cost of Services
Plan completed in April 2005 showed a net increase in
additional revenue to the city in the amount of
$207658.
ALTERNATIVES* As suggested by the city council.
Respectfully submitted,
Thomas R. Jentz
Director
Report compiled; August 3, 2006
Attachments: Letter of transmittal
- zz
s H . Patrick
City Manager
Final plat application and supporting documents
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, :fit 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
"MS AGREEMENT, made and entered into this , - - day of Sapt� 2004, by and between the
CITY COUNCIL, City, f Kalispell, Party of the First Part and hereinafter referred to as the CITY, and
NE PINE DEVELOPMENT ITC., whose address 144 EASE'` SECOND S RFE , WHITEFISH,
MT 59937, Party of the Second Part and hereinafter after referred to as DEVELOPER.
THAT WHERFAS, the Developer per is the over and developer of a new subdivision known as
Lone Pine Trails, located in ASSESSORS TRACTS 3FE+, 3FED, 3FEB, 3FEC, 3 `EA, 3FEF, 3 E ,
3HAA, 3HA IN SECTION 13, TOWNSHIP28 N, AGE 22 W., Flathead County, Montana
and,
WHEREAS, the City bas conditioned its approval of the final plat of Lone Pine Trails
Subdivision upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed
and all improvements as cited i "Exhibit "' leave not been completed at this time, and the Developer
fishes to bond for the completion of those improvements ver ents set forth in "'Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of f ° f the estimated total cost of construction of said improvements as evidenced
by an estimate prepared by a licensed professional engineer eer included herewith as "'Exhibit ""; and
WHEREAS, the estimated total cost of construction of said improvements vements is the sum of
$328,850.00
NOW, ' HERF ' R-E, in consideration f the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
Subdivision . m ro ments Agreement8-3-2006
Lone Pine Trails, Kalispell, Montana Page I of 5
1. The Developer shall deposit as collateral with the City a letter of credit and a cashiers check,
4
in the amount of $411,,062.50. Said Cads of Deposits have an expiration date of at least sixty (60)
days following the date set for completion of the improvements, certif.gthe following:
a. That the creditor guarantees funds in the sum Of $ 11, 6 .50, 25 Of the estimated cost
if completing the required improvements in Lone Pine Trails Subdivision.
b. That if the Developer fails to complete the specified improvements within the required
period, the creditor will pay t0 the City immediately, and without further action, such funds
as are necessary to finance the completion Of those improvements up t0 the limit Of credit
stated in the letter.
2, That said required improvements shall be fully completed by October 30, 2007.
That upon completion Of the required improvements, the Developer shall cause t0 be filed
with the City a statement certifying that:
a. All required improvements are complete-,
b. That the improvements are in compliance with the minimum standards specified by the
City for their construction and that the Developer warrants said improvements against any and all
defects for a period of one year from the date Of acceptance Of the completion letion Of those
improvements by the City-,
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances r liens;
. That a schedule of actual construction costs has been Bled with the City; and,
f. All applicable fees and surcharges have been paid.
. The Developer shall cause t0 he filed with the City copies Of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements ents have been installed in conformance with
said specifications.
Subdivision Improvements Agreement 8-3-2006
e ,Fine Trails, Kalispell, Montana .gage 2 of 5
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
,agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a. list of specific deficiencies and may withhold
collateral sufficient to ensure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required
time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
LONE PINE DEVELOPMENT LLC
by
(Title)
Subdivision Improvements Agreement 8-3-2006
Lone Pine Trails, Kalispell, Montana Page 3 of
STATE F V6�2Ea
COUNTY OF'j��"��\
. this day of 2 0� before me, a Notary Public for the
State of Montana, personally known to me to be th
LONE PINE DEVELOPMENT LLC, whose name is subscribed to the foregoing in trument and
acknowledged to nee that he/she execrated the same.
N WITNESS WHEREOF, have hereunto set y bared and �W�`,Prial Seal this day
first above written. ��`
and � �.�
A'2
ai - OTA ¥ { P JA.
k
the St.
b� for ate of
...._.. oaf
Residing at
OF
My Commission Expires -
MAYOR, CITY OF K.ISEL
ATTEST:
*
. By:
Mayo
Subdivision Improvements Agreement
Lone Pine Trails, Kalispell, Montana
Finance Director
8-3-2006
Page 4 of
EXIT
Conditions approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
fMRVEM1S
Street grading
Street base
Sidewalks/Curb
Sanitary sewer rains
Water mains
Fire hydrants
Storm drainage facilities
Street Signs (17)
Street fighting
Mail Boxes, Barrier
Paving
Landscaping/boulevard trees
other
Subtotal
TOTAL COST
CONSTRUCTION
COMPLETION
DATE
300
10 30/ 007
300
150
50
1 0
06
10302007
30
1030007
10/30/2007
007
TOTAL C (TOTAL COST x 1 5%
ESTfMATED
CONSTRUCTION
COSTS
52907 .00
3 � ! M Y
3,2.3
$342,269.33
$293,309.94
in water cost
in sidewalk/curb est
$ , 50.00
$49,618.00
,000.00
$1 ,000.00
$49fi58.00
1,071,156-45
PERCENTAGE
COMPLETE
0%
5 207 -00
0%
23,755.00
%
1 5�3 7.00
%
3,422.00
100%
100%
100%
0%
�250.00
100%
0% �000.00
0° 11 ,000.00
paid t0 city parks dept
,50
3,50
11M62.50
Subdivision Improvements Agreement 8-3-2006 e ,dine Trails, Kalispell, 1, Montana Page 5 of 5
First
Interstate
Bank
First Interstate C
Main t.
P.O. Box 7130
Kalispell, MT59904-0130
4 - - 00
Fax:406-756-5260
www.firstinterstatebank.com
IRREVOCABLE LETTER of CREDIT
.'fetter of Credit No.. 239005
Date: August 30, 200
Amount: $409,062.50
Expiration Date: December 30, 2007
T: City of Kalispell
PO Box 1997
Kalispell, MT 59903
RE: Lone Dine Development, LLC
We hereby establish in your favor an .Irrevocable Letter of Credit up to the aggregate amount Four Hundred
Nine Thousand Sixty Two Dollars and 50 cents S409,0 .50 t the request of Dane .zinc Development,
LLC.
T Lone pine Development, ITC fails to complete the specified improvements as outlined in the
Subdivision Improvement agreement bibit within the required period, we will pay on demand your
draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said
improvements. all drafts must indicate the number and date of this letter of credit and be accompanied by
a signed statement of are authorized official that the amount is drawn to repair improvements and specifying
the default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this letter of credit must
accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft
or written release.
'Un ess otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform. Commercial
Code and the Uniform Custom and Practice for the Documentary Credits(1993Rev) Intemational
Chamber of Commerce Document No. Soo.
First Interstate Bank
p Box 7 l.ispell, .� " 9
11
. ....
Th y;-Gri f �
Its -
(Tide)
Y:
�cott .er
Its:.
(Title)
ACKNOWLEDGEMENT
State �. .
County of
. .
5
On this
clay of AL0 in the year before me, a Notary Public for the
-State of ih� , _ _ . persofiAlly appearedTar=)4Grilley and Scott Mlznr; mown to me to be
the person who execute this leer credit behalf` the corporation therein named acknowledged
to me that such corporation executed the same.
(SEAL) PAnt Name
Notary Public the State of
f Residing at ��5e,My Commission Expites
NOTARY PWMMONTAW,
SEAL
My Qomn Ex0ess
THE 8 vOCUMENT HAS AN ARTIPMt-WATERMAPK PANTED ON THE 8ACK- THE FRONT OF THE LUMEN C HAS A UsICRO-PRiNT SIGNATURE LINE- ABSENCE OF THESE FEATURES WILL L -M-CATE A COPY -
JD
ILI
AN �7 PXL M EN
SANK, ST- PAUL, MEN
Wo:14 .- .-. :. -8: 9 3 -.6 tt.lie
City f Kalispell
Planning Department
7 - 2nd Street East, Suite 211, Kalispell, Noma '09901
Telephone: (406) 751-1850
Fax: 406) 51-185
Website .- kal s pell pl arming.,cm
August 28, 2006
Jars H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Lone Pine Trials
Dear Jiro:
This is a request for final plat approval of Lone Pine Trails, a. residential
subdivision which includes 29 single-family lots, 52 townhouse lots and 3.106
acres of parkland on approximately 23 acres. The plat is located south of Fogs
Lake Road, west of Valley View Drive at the base of lone Pine State Park. The
project received a PUD zoning overlay to provide a mechanism for the developer
to gain flexibility in lot sizes, housing types and site configuration that would
not otherwise be allowed under the traditional R-2 zoning designation.
As a requirement f the preliminary plat, at least two-thirds of the required
improvements have been installed per a letter from Paul Wells, P.E. of W MW
Engineering. A Subdivision Improvements Agreement (SIA) in the amount of
$411 062.,50 has been submitted to secure completion of the remaining
aining
improvements which consist primarily of road work, landscaping, paving,
sidewalks and completion of a communication line to a lift station. The letter of
credit and a supplemental Cashier's check submitted with the final plat
application addresses the 12 5 f the estimated cost of remaining
improvements. The estimated completion date for the remaining items listed in
the SIA is October 30, 2007 and the letter of credit expires on December 30,
2007.
Preliminary plat approval was granted d on April 4, 2005 With 25 conditions
attached. The following is a discussion of compliance with each of these
conditions as well as findings of compliance with the city subdivision
regulations and zoning ordinance.
Final Play. for Lone Pine Trails
August 30, 2006
Page 2
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition No. 1. Development of the subdivision shall be platted in
substantial compliance with the preliminary plat as amended and approved
which governs the location of lots and roadways within the subdivision.
• This condition has been met. The subdivision has been platted i
Compliance with the approved preliminary plat.
Condition No. 2. That covenants, conditions, and restrictions for the
subdivision shall be amended to reflect a provision for the private
conservation and maintenance of common areas and the private internal
roadways that are proposed for the townhouses. Setback for the
townhouses accessed via an interior street shall be measured from the edge
of the roadway and shall be 20 feet in the front and rear and five feet on the
sides with the exception of the zero lot lire required to achieve the
townhouse configuration. guratio .. (Site Development Review Committee)
• This condition has been met per the Covenants, ts, conditions and
restrictions sections 3.0 shared maintenance of Driveways for
townhouses, Section 9.2 (maintenance .ance of park spaces, mailbox sites and
sign area) , and Section 7. 10 setbacks for townhouses.
Condition No.. 3# At the time of final plat a provision shall be made for the pro-
rata share of ownership of the common area for taxation purposes*
This condition has been reset per face of the final a.i iat.
Condition No. 4.That the development of lots in the PUD shall be subject to
architectural review as outlined in the application and supporting materials
and a letter be submitted to the Kalispell Site Development Review
Committee from. the Architectural Review Committee of the homeowners
association prior to the issuance of a building permit. (Site Development
elopment
Review Committee)
This condition is acknowledged by the developer and is addressed by
section 5.3.2 of the Lone Pine Trails Covenants, Conditions and
Restrictions.
Condition. No. 5. That permits be obtained from the Flathead Conservation
District, Montana Department of Natural Resources and the Montana
Department of Environmental tal Quality for work done along the creek
Final Plat for Lone Pine Trails
August 30,,2006
Page 3
channel or a fetter from those agencies stating that the scope of work does
not require permitting. FCC NRC
This condition . is met per copy of the 310 permit dated September 12,
2005.
Condition N. 6. That the plans and specifications for all public infrastructure
e d.esigned. and 'Installed in accordance with the Kalispell Design and
Construction Standards and the Kalispell Subdivision Regulations. A letter
shall be obtained ed stating that they have been reviewed and approved by the
Kalispell Public Works Department. -tment. (Kalispell Subdivision Regulations,
Chapter 3, Design Standards, Section 3*01).
This condition has been met per letter dated August 30, 2006 from.
Frank Castles, Kalispell Public Works.
Condition No. 7. That are easement shall be obtained from the adjoining
propel owner to the east granting the right to develop the proposed 60 foot
right-of-way or other demonstration of property acquisition for road a.n.d
utility purposes and once completed dedicated to the City of Kalispell as a
public roadway. (Kalispell Subdivision Regulations, Section 3.0,
This condition has been met per attached Utility Easement recording
number 2005165 08400.
Condition No. S. That a. minimum 0-foot buffer shall be established between
the northern tier of townhouses and the property boundary to provide
screening and buffering for the properties to the north.. This shall be in the
form of berming or landscaping or both. These 'improvements are to be
coordinated with the Kalispell Public Worts Department and the Parks and
Recreation Department.
This condition has been met per letter dated August 25, 2006 from
Jennifer Yong, Kalispell Parks and Recreation.
Condition No. 9. The following requirements sail be met per the Kalispell Fire
Department: Kalispell Subdivision Regulations, Section 3.20).
a.. Water mains designed to provide minimum fire flows shall be installed
per city specifications at approved locations. Minimum fire flows shall
be in accordance with Intemational Fire Code 2003 Appendix B.
. Fire hydrants shall be provided per City specifications at locations
approved by this department, prior to combustible construction.
Final Plat for Lone Pine Tray
August 30, 2006
Page
e. Fire Department access shall be provided in accordance with
International Fire Code 2003 Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance
with International .al Fire Code 2003 Chapter 5 and Kalispell Subdivision
Regulations.
e. It should be noted that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10- .
f. Street naming shall be approved by the fire department.
This condition has been met per letter from. Brent Christopherson,
Assistant Chief dated July 13, 2006. Hazardous s weed abatement is
addressed per note on the face of the final plat. Street names have been
approved by the fire department per personal communication icatlo.n with Brent
Ch sto person on August 29, 2006.
Condition i No. 10. That a letter be obtained from the Kalispell Parks and
Recreation Director approving a. landscape plan for the placement of trees
and landscaping materials within the fire foot landscape boulevard
developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
This condition has been met per letter dated August 16, 2006 from.
Jennifer Young, Kalispell Parks and Recreation. Cost of the
improvements is included in the attached Subdivision Improvements
Agreement and associated Letter of Credit.
Condition, No. ILIL. That the area designated on the plat as "park" shall
meet the requirements for parkland dedication and shall be developed in
accordance with a plan approved by the Kalispell Parks and Recreation
Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to
provide a. recreational component within the development and not simply
left as passive open space. (Kalispell Subdivision Regulations, Section
3.19).
This condition has been met per letter dated August 25, 2006 from
Jennifer Young, Kalispell Parks and Recreation. Cost of the
improvements is included in the attached Subdivision Improvements
Agreement and associated Letter of Credit.
Condition No. 12. That a detailed floodla.in study be completed and
accepted by FEMA determining the base flood elevation for the floodplair
area within the subdivision.. No lots that are within. 100 feet of the 100 year
Final Flat for Lone one `rails
August 30, 2006
Page
floodplain as currently indicated on the FIRM panels shall be platted prior
to the completion and acceptance ofthe udy area. Alternatively, he
developers may obtain a. r OMA or other documentation from FEMA stating
that the property is not in the 100 year flood ill ain, whichever s applicable
and required by that agency.
• This condition has been adequately complied with. See letter from
Thomas er tPlanning Director dated December 9, 2005 to Marc biee tf,
Schwarz Architecture and En9ineerfr g and are e-mail from Larry Schock,
NRC 'in Missoula dated December 295 2005 approving the flood study.
Condition No. 13. That a flood fain development permit be obtained from.
the City of Kalispell after the MA study has been completed and accepted
for the proposed creek crossing.
Based on the preliminary flood study, f .00d lain development permit
KF -o,5- 5 was approved.
Condition No. 14. The roads within the subdivision shall be Harmed and
signed in accordance with the policies of the Kalispell Public Works
Department and the Uniform. Traffic Control Devices Manual and be subject
to review and approval of the Kalispell Fire Department. (Kalispell
Subdivision Regulations, Section 3.09).
This condition is met per the face of the final plat and confirmation on by
Fred Za odny, Public Works and Brent Christopherson, Fire Department
on August 29, Zoo . All street signs are included In the attached
Subdivision Improvements A reer e .t.
Condition No. 15. That a 60 foot right of way be provided between the
subdivision and Learn bane to allow for a through access.
This condition has been met per face of the final plat.
Condition No. 16. An approach permit be obtained from.. the Flathead
Co my Road Department for the new approach off of Valley View Drive e and
access from Ceara bare and any improvements to those roadways required
by the county be completed prior to final plat submittal. A fetter from the
Flathead County Road Department shall be submitted with the final plat
stating that a post construction inspection has been done or that the
proposed bonding for improvements is acceptable.
Final Plat for Lone Pine Trails
August 3, 2006
Page
• This condition has been met per Flathead County approach permit dated
7-18-06 and per Flathead County Subdivision Access Permit dated 5-1 -
05. Work to complete these improvements is included in the attached
Subdivision Improvements Agreement.
Condition No. IL7. That a note be placed on the face of the final plat that
waives protest to the creation of a special improvement district for the
upgrade of roads in the area to City standards which may be impacted by
this development.
This condition has been met per statement on the face of the final plat,
Condition No. 18. At the time of pre -construction review the developer
shall demonstrate that an casement or property has been acquired t
develop the proposed roadway across private property off -site to the east
that connects to Valley View Drive and that the easement encompasses the
mature and tensity of the use that will result from the development of the
subdivision{ (Kalispell subdivision Regulations 3.08
This condition has been met per easement of record 200516508400.
Condition No. 9. The developer shall provide a letter from the U.S.
Postal service approving the plan for rail service. (Kalispell Subdivision
Regulations, Section 3.22).
This condition has been met per the face of the final plat and per letter
dated duly 26, 2006 from. Elden Marvel Manager Customer services US
Post office, Kalispell.
Condition No. 2. street lighting shall be located within the subdivision
and shall be shielded so that it does not intrude unnecessarily onto
adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)).
• Street lighting has been installed and appears to be dark skies
compliant.
Condition No* 21, All utilities shall be installed underground. (Kalispell
Subdivision Regulations, section 3.17).
This condition has been met per siteinspection and additionally per note
on the face of the final plat.
Final Flat for Lone Pine Trails
August 30, 2006
Page
Condition No. 22. That a minima two-thirds of the necessary
4
infrastructure for this subdivision shall be completed prior to final plat
submittal.
This condition .has been met. The Subdivision Improvements Agreement
(attached)is for $328,850 worth of improvements. Total subdivision
costs exceed $1,071,156 and therefore the total amount of work in place
exceeds 6 and is within the parameters of the condition. The
remaining improvements to bond for include sidewalks, street signs, mail
box installation work, paving base and asphalt) and a lift station
communication line.
Condition No. 23. All areas disturbed during development of the
subdivision shall be re -vegetated with a. weed -free mix immediately after
development.
This condition is met per note on the face of the final plat and in the case
of the boulevards, by an agreement with. the Kalispell Parks and.
Recreation partment per letter dated August 16, 2006.
Condition No. 24. That a development agreement be drafted by the
Kalispell city Attorney between the city of Kalispell and the developer
outlining and formalizing the terns, conditions and provisions of approval.
The final plan as approved, together with the conditions and restrictions
imposed, shall constit ute the Planned grit Development U zoning for
the site.
This condition has been met per attached Planned. Unit Development
Agreement for Lone Pine Trails dated August 1.5, 2006.
Condition No, 25, That preliminary plat approval for the first phase of the
planned unit development shall be valid for a period of three years from the
date of approval with an automatic three-year extension as each phase of
the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
o This condition has been met. The Preliminary plat approval was granted
on April 4, 2005 and would expire on April 4, 2008. This submittal is
well within the ti nefr4ame. Additionally, the project is being submitted as
a. single phase thus phasing does not apply.
Final Plat for ...one Pine Trails
August 30, 2006
Page
COMPLIANCE WITH THE S Er DMSI N RLAO S:
This subdivision plat has been found to be in compliance with the State and
City Subdivision Regulations. The Subdivision Improvements Agreement
expires on October 30, 2007. The associated letter of credit expires 60 days
later on December 30, 200, In addition, a $5,000 cashier's check is also
included with the SIA to address the sewer lift station communication lire work
that was not completed at time of fling of final plat.
Note that the title report indicates that First Interstate Bank holds an interest
in the property. A consent to plat letter has been submitted.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and. the R-2
zoning and associated. PUD zoning for the area.
All of the conditions of preliminary plat approval have been adequately
addressed. The staff recommends that the Kalispell city Council approve the
final plat for this subdivision. Please note that the Subdivision Improvements
Agreement should be accepted along with the final plat approval. Please
schedule this matter for the September 5, 2006 regular city council meeting i
possible. You may calf me at 51-850 if I can be of assistance to you
regarding this ratter.
Sincerely,
f
Thomas R. Jenfiz
Director
Attachments*. 11 x 17 plat
2 reproducible mylare of final plat
1 blue lire of final plat
Final plat application date. 25 o6
Letters from Johna Morrison dated August 3 and August 25,
2006.
Resolution 9 approving preliminary plat of bone Pine
"-��nal Plat for Lone Pine Trails
IV I
August 30, 200
Page
Letter from Kalispell Public Works dated / 30 / 06
Letter from Marc Pitman, Schwarz Engin nn - 1 / 06
Letter from MDEQ dated / 22 / o5 approving plans and
specifications for water and sewer
Letter from DEQ dated -17-05 addressing storm water
Municipal Facilities Exclusion Checklist dated /2 /o5
Letters from Parks and Rec dated 8/1 / o and / 2 5 o
Letter from USPS dated 7/26/06
Letter from Kalispell Fire Department dated 7 / 13 / o6
Subdivision Improvements greement dated /29/06
Letter of credit $40 ,o 2.5o dated August 11, Zoo
Cashier's Check 0 14489346966 from Glacier Bank ($5,000)
Title report # 72 926 1328 dated / 16/ o
Consent to Plat letter from First Interstate Bank
Treasurer's certification dated 8/3/0
Lore Pine Trails Design Guidelines, Conditions, Covenants
and Restrictions dated / 2 / o
Planned Unit Development Agreement, Lone Pine grails
Flathead County Subdivision Approach Permit 5 / 18 / o 5
Flathead County approach Permit dated 7/ 18/ 06
Flathead Conservation District 310 Permit dated 9 / 6/ / o5
Kalispell Floodplain Development hermit K -05-05
Letter from Thomas R. Jentz dated 12/9/05 to Marc Liechti
E-mail From Larry Schock, DNRC offices, Missoula
Utility Easement, Flathead County record 2005165 08400
c w/attachments: Theresa White, Kalispell City Clerk
o w/o attachments: Johna. Morrison, Schwarz Engineering, 100 Financial
.give, Suite 120, Kalispell, MT 59901
Lore Pine Development LLC, 144 East Second Street,
Whitefish, MT 59937
Cl*ty of
Kali*-spe'i'i
.Manning .department
n
1 - ? Street east, Sui to 2 1 , Ka I i s pe 11, o t n a 5 9 90
FINAL PLAT APPLICATION
Project /Subdivision Name: .e : LONE E PINE TRAILS s E D I 1 S N
Contact Person: Owner & Mailing Address:
Name:-JOHNA MOR IS N, SCHWA Z ENGINEERING LONE PILE DEVELOPMENT LLC
Address-.100 FINANCIAL DRIVE, SUITE 120 144 EAST SECOND STREET
KALISPELL, 11T 59901
Phone No.: 406 755-1333
WHITEFISH, NIT 59937
Date of Preliminary Plat Approval: APRI L 4, 2005
Type of Subdivision: Residential 81 Industrial Commercial PUD_ Other
Total Number of Lots in Subdivision �81�.
Land in Proieet (acres) 2 3 . 16 ACMES
Parkland (acres) ACRES Cash -ire -Dieu $ Exempt
. of Lets by Type
Single Family �29 Townhouse 52 Mobile Home Park
Alex Apartment ent Recreational 'Vehicle Dark
Commercial
Industrial
Planned Unit Development
Condominium--.-.... Multi -Family Other
Legal Description of the Property ASSESSORS TRACTS 3FE+f 3FED, 3FE , 3FEC, YEA,
3FEF, 3FEE# 3I AA, 3FIA IN SECTION 13, TOWNSHIP28 N, RANGE 22 W.
FILING FEE ATTACHED $ 93205,00 ($650.00+ $8,505-00 + $ 50.00)
Minor Subdivision with approved preliminary plat $400 + $1 5/lot
Mayor Subdivision with approved preliminary plat $650 + $105/lot
Subdivisions with Waiver of Preliminary Plat $600 + $105/lot
Subdivision Improvements Agreement $ 5
1
Attached Not Applicable (DUST CHECK. ONE)
X Health Department Certification (original)
X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (attach collateral)
Parkland Cash -in -Dieu (Check attached)
Maintenance Agreement
XPlats: 1 opaque OR 2 rnylars
I nylar copy I signed blueline
4 bluelines 4 bluelines, unsigned
I IXI7 Copy I IX17 Copy
*The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letterl, which lists each condition of preliminaryplat approval, and individuallystate how each
condition has specifically been met. In cases where documentation is required, such as an engineer's
certification, State Department of Health certification, etc., original letters shall he submitted. Blanket
statements stating, for example, "all improvements are 1n place" are not acceptable.
A. complete final plat application must be submitted no less than 60 days prior to expiration date of the
preliminary plat.
When all application materials are submitted to the Kalispell Planning Department., ent, and the staff Binds
the application is complete, the staff will submit a report - to the governing body. The governing body
must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete
submittals will not be accepted and will not be forwarded to the governing body for approval. Changes
to the approved preliminary plat may necessitate reconsideration by the planning board.
I certify that all information submitted is true, accurate and complete. I understand that incomplete
information will not be accepted and that false information will delay the application and may invalidate
any approval. The signing of this application signifies approval for Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and development process.
NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final
plat applicatJons be accompanied with a digital copy.
Owner4s)ignatur�e Date
'A digital copy of the final plat in a (raving Interchange File XF format or an AutoCAD file
format, consisting of the :following layers;
1. Exterior boundary of subdivision
2. Lot or park boundaries
. Easements
. Roads or rights -of -way
. A. tie to either an existing subdivision corner or a comer of the public land survey system.
2
ARCHITECTURE
AUgU5t 5# 2006
Torn ez
Kalispell Planning Pepartmemt
-2r'Street East, suite 211
Kalispell, Mt SCIC101
e: tome Fine Trails Final Flat
Gear m. ez f
submittea for your review *19 the Lore Firle Trails Final Flat. This plat is a
al lot major subdivision in Kalispell, south of FoysLace Roach anc.1 west o
Valley View Prive, 1M seo ion lei Township 26 North, Range 22 Y4est.
Preliminary approval was given by the CoCoouncfl on April. 4, 2005 Subject
o 15 ooiio.
Subdivision improvements Agreement and letter of Ievooale credit are
attached for the remainder of the improvements. ents. Street trees, road signs,
lighting, asphalt amd a cluster boxes are all part of that agreement.
.
- The development of the site will be in substantial eonformance with the
appli6ation Submitted, the site plan, materials and other specifications as
well aro any additional conditions associated with the FUV as approved by
the e.Jlty Council.
The e..o ticm has been met. The layout design has not been modif ie
and *19 in substantial compliariee with the preliminary plan that was
submitted.
2 - That covenants, aonditions, and restrictionro for the subdivision shall
e amended to reflect a provision for the private oori erva iom and
maintenance of commonareas and the private internal roadways that are
rooroea for the townhouseq. Setbaok5 for the townhouseq accessed via
an interior rptreet shall be measured from the edge of the roadway and
shall be 20 feet in the front and rear and five feet on the sides with the
exception of the zero lot lire required to achieve the townhouse
configuration.
• The eon4iticn has been met. See Section 1.10 of the clec-laration o
covenants.
B - At the time of final plat a provision shall be made for the pro- a a
share of ownership of the common area for tax purposes.
Financial Dr., Suite 1 m Kalispell, MT 59901 -- Tel: .1 33 - Fax: - .1 1 - www.schwarzae.com
The condition has been rnet. The eommom owe!allp of the open spade
is on the face of the Il plat for taxation and for commom ownership
of the open spare.
- That the development of lots in the PUP shall be subjeat to
arahitectural review arp outlined in the application and Supporting materials
and a letter be roubmitted to the Kal1pell Site Oevelopment Review
Committee from the Arohitectural Review Committee of the homeow e g
a9soalation prior to the i9quari6e of a building permit.
The condition is met. All lote are subject to the architectural review
oomm ittee prior to the Kalispell Site Development Review Committee.
rp - That permitq be obtained from the Flathead Coseratio ltlot+
Montana Vepartment of Natural Resources and the Montana Department o
Environmental Ouality for work dome along the creep ahamnel or a letter
from those agencies 9tating that the scope of work does not require
permitting.
• The (:o ditio *19 met. A letter frorn VN C B o permit) iq attached
approving the streambed utility gross i g.
6 - That the plans and specifications for all pl io infrastructure be
designed and installed in acodace with the Kalispell Vegign and
Construction Standards and the Kalipell Subdivision Regulations. A letter
shall be obtained stating that they have been reviewed and approved by the
Kalispell Publia works Oepartmerit.
The Bond itlo *19 met. Kalispell publie, works has approved the plan and
the 6on5tru6tion. Letter from public works ortlrriig.
- That an easement shall be obtained from the adjoining property owner
to the east granting the right to develop the proposed 60 foot right o
way or other demonstration of property acquisition for road and utility
purposes and once completed dedicated to the City of Kalispell as a public
roadway.
0 The condition is met. A copy of the filed agreement is attached.
- That a minimum 10 foot buffer shall be esta if led between the
northern tier of townhouses and the property boundary to provide
eeeig and buffering for the properties to the north and southwest.
This shall be im the form of iemig, ladsoapig, fencing, or a eombination
thereof. These improvements are to be coordinated with the Kalispell
Public, kNok5 Department and the Parks and Recreation Vepartment.
The Comaition is met. The Parks and Recreation department has 51ged
off on the buffer, the buffer does not affect any public utilities. The
cost of this landscaping l5 covered in the bond.
The following requirements shall be met per the Kalispell Fire
earme:
a. " Ia a ma*M des g ed to provide minimum fire flows shall be
installed per City spe6ifications at approved locations. minimum
fire Flows ehall be in accordance with International fire code.
1. Fire hydrants shall be provided per City 5peaiflaations a
loe,ation5 approved by this department, prior to oornale
construction.
Co. Fire department access shall be provided in accordance with
International i e Code.
d . Secondary emergency vehicle access shall be provided i
aooda6e with International Fire Code.
e. it should be noted that hazardous weed abatement shall be
provided in aooda with city of Kalispell od manes o-
. Street naming Ball be approved by the fire department.
• The comditiom is met. A letter 'is attached approving fire suppression by
the 1al fell Fire Department and weed abatement verbage is on the
face of the final plat and in the eoea.
o - That a letter be obtained from the Kalispell Fark5 and Recreation
dree..tor approving a landscape plan for the placement of trees and
lad5oaig materials within the five foot landscape boulevard developed
between the curb and the sidewalk.
The aondition is met. The attached plan was approved the Kalispell
'arks and Recreation 17epartment. The improvements are c%
mac.15oulevard landscaping and trees will be placed by Kalispell Parks
and Recreation.
That the area designated on the plat a "Park" shall meet the
requirements for parkland dedication and shall be developed in aacordamce
with a plan approved by the Kalispell Parks and Recreation Viree..tor that
provides recreational amenities including but not limited to pedestrian
a oe5!5+ irrigation, landscaping and play equipment 5o a5 to provide a
recreational 6omponent within the development and not simply left a
pass le open Space.
The condition met. The parks and recreation dire6tor Has approved
all facilities.
12 - That a detailed f100dplain study be completed and accepted by FEMA
determining the base flood elevation for the floodplain area within the
subdivilsion. No lots that are within too feet of the too year f loodlai a
c-urrently indieated on the FIRM panels shall be platted prior to the
om le io and a(:#aeptamae of the Study area. Alternatively, the
developers a may obtain a LOMA or other documentation from FEMA stating
the property is not in the too year floodplain# whichever is applilc..able o
required by that agency.
The condition is met$ See letter from the (V y of Kalispell dated
Vecernber q, 20050 stating this condition has been met.
5 - That a f 100Jp1ain developmentpermit e obtaitle4l. from the City o
Kalispell after the FEMA study has teem completed and accepted for the
proposed creek Grossing.
• The corldition is met$ See letter from the City of Kalispell dated
December 1. 200s, stating this ron4itionhas been met.
The roads within a subdivision Shall be named and signed i
acoae with the policies of the Kalispell Public Aorks Vepartmentand
the Uniform Traffic Control Veviaes Manual and be subject to review and
approval of the Kalispell Fire Vepartment.
• The (rondition 19 met. All roads are named with the approval of the City
public. works department. Signs are part of the ZIA.
5 - That a 60 foot right of way be provided between the subdivision and
Learn Lane to allow for a through asses .
The e..ondition is met. The 60 easement agreement has been agreed
upon by all parties Tole and *19 attached.
1 - An approach permit be obtained from the Flathead County Road
oepartment for the new approach off of valley View Prive and access
from Learn Lane and any improvements to those roadways required by the
County be completed prior to final plat submittal. A letter from the
Flathead �oumty Road Department shall be submitted with the finial plat
stating that a post construction inspection has been done or that the
proposed bonding for improvements is acceptable.
The (o i o 'is met. Copies of the approach permits are attached a
is the ZIA for the approaches.
- That a note be placed on the face of the final plat that waives
protest to the creation of r2eoia improvements districts for the upgrade
of roads in the area to City standards which may be impacted by this
development.
The condition *19 met. The SO is on the face of the final plat.
J - At the time of pre-6onstru6tiom review the developer Shall
demonstrate that an easement or property has been acquired to develop
the proposed roadway across private property off site to the east that
comnec,ts to Valley View Drive and that the easement encompasses the
nature and iesiy of the use that will result from the development of the
subd 4IV415 i.
The condition 'is met. The easement 'is attached for the off -site
property.
The developer shall provide a letter from the U.S. Postal Service
approving the plan for mall service.
The aond iir *19 met. The letter from the postmaster approving the
play 419 attacohed.
Street lighting shall be located within the sulodivis"lon and shall be
shielded so that it does not intrude unnecessarily onto adjoining
properties.
• The eomdition will be met through the SIA agreement. All lighting will be
installed that is shielded and does not intrude omto adjoining
properties. See 51.
2 - All utilities shall be installed undergroumd.
The condition is met. All utilities have been installed underground.
22 - That a minimum of two-thirds of the necessary inrasrone for this
subdivision Shall be Completed prior to final plat Submittal.
over two - I rds of the work has been aompleteJ. All that rema l ns is
lamJsasping, lights, cluster mailboxes, pavement and road signs. All are
imaluclecl in the ZI .
25 - All areas disturbed during development of the eubdivislon shall be
re -vegetated with a weed free mix immediately after development.
The condition is met. The Parks and Recreation Pirector has approved
the plan for reve e a ion. The parka and recreation department has
also agreed to landscape and tree the street boulevard areas.
2 - That a development agreement be drafted by the Kalispell City
Attorney between the Vitt' of Kalispell and the developer outlining and
formalizing the terms, coriditions and provisions of approval. The final plan
as approved, together with the Bond l ions and restrictions imposed, shall
6onstitute a Platined Unit Vevelopment (PUP) zone for the cite.
The 6on&tion is re. The signed agreement is aaoled .
25 - That Preliminary plat approval for the first phase of the planned unit
development shall be valid for a period of three yeare from the date o
approval with an automatic three-year extension as ea6h phase of the
Subdivision plat has been completed and filed.
The con4lition is met. The final plat has been submitted well before the
April 4, 200expiration date.
The title report, tax aertifieate, OF.0 approval and other necessary letters
of approval are attaahed. dour timely review is appreciated. Please do
not hesitate to call with any questioms.
le-Irleo rely
s
{
o ono
Schwarz Architecture and Engineering
ARCH ITCTUR
17F��7
w
FN
E Cr EOVr- 0
lul
Augurt 25, Zoo
Sean Conrad
Kalispell Planning Pepartment
-2" Street Eat, suite 21
Kalispell, Mt o
e: Lone Fine Trails Final Flat
Pear Mr. Conrad;
Submitted for your review is the Lone Fine Trailz Final Flat additional
information you requested in you letter dated august 21, 2006.
That a0vemants ' conditions# and re5trictions for the 5ubdivielon shall
e amended to reflect a provision for the private 6oneervation and
maintenance of e..ommom areas and the pr*vate internal road a ro that are
proposed for the townhouses. Setbacks for the towoe a�eed via
an interior street shall be measured from the edge of the roadway and
Shall be 20 feet in the Front and rear and five feet on the sides with the
exe,eption of the zero lot line required to achieve the townhouse
o mf ig u ration-
• The rondition haebeen met. See Se bons 5.0 (shared mainte a ce o
driveways), 6.5 (shared driveways and asses), cl.2 park aye(mail ox
and sign area) and 07.10 (setbacks for tow ome of the declaration o
c.ovemants attached. Ae believe that the eoneerme for malntenance o
the private driveways are well covered ire these sections.
That the plans and specifications for all public Infrastructure be
dervigned and installed in a66ordane with the Kalispell Pesign and
Constru6tion Standardep and the Kalispell SUbdiViSion Regulations. A letter
shall be obtained stating that they have been reviewed and approved by the
Kalispell Public, YSon s r7epartment.
• The condition 'is rnet. Kalispell public works has approved the plan and
the on tr otion. Talked with Frank Castles and he has verified that
the letter from public works forthcoming. Apparently the phone line to
the rvewer lift station hay not been installed. This is now included in the
new SI.
- That a minimum 10 foot buffer shall be established between the
northern tier of townhouses and the property boundary to provide
sc.reening and buffering for the properties to the north and southwest.
This shall be in the form of berming, landscaping, fem6img, or a (:�omdlnation
SCHWARZ ARCHITECTURE AND EN61NEERIN6, INC.
100 Financial Dr., Suite 1 w Kalispell, MT 59901 -- Tel: 406.755.1333 - Fax: 406.755.1310 -wrww-schwarzae.com
er•eo . These improvements are to be coordinated with the Kalispell
PubH6 Y4o ks C>epartment and the Parks and Recreation Pepartment.
• The Dodo *19 re. The parks department has approved the 10'
foot buffer. Frank castles from the publie, works department has
statecl that he refuses to comment on this buffer as he feel that I
not hig purview.
#q - The following requirements shall be met per the Kalispell Fire
Department:
meter mle <Iesignecl to provide minimum fire flows shall e
inetallea per City spealflaations at approved locatione. Minimum
fire flowev shall be in ac6orjame..e with interactional fire node.
. Fire hydrants shell be provided per City speaificatIOM5 at
lcaatione approveJ by this cep rt em , prior to e..ombustable
oon r o ion.
Co. Fire department aecess shell be provided in a6cordanae with
International Fire Code.
. Seeondary emergency vehicle aecesq shall be provided i
aoee with International Fire Code.
e. it should be noted that hazardous wee abatement Shell be
provided in aceordance with Vty of Kalispell ordinance #10-a
f. Street naming shall be approved by the f4lre department.
• The condition 19 met_ A letter is atta..hedapproving fire roppresgio
the Kalispell Fire Vepartment and weed abatement verge i5 on the
fade of the final plat and in the covemantg. The emergem6y aaeoe95 i
joked in the 51A under the road portion.
o - mat e letter be obtained from the Kalispell Perks and Recreation
Di rector* approving a landecoape plan for the pla6ement of trees and
lnopig materlaI5 within the five foot lamd5aape boulevard developed
between the 6urb ama the sidewalk.
The �onc R io met, . The attaeohed plea was approved by the Kalispell
Parks and Reereation Department in their August 24, 2006 letter. The
other landscape improvements are pert of the ZIA. Boulevard
lands6aping and trees will be plaeoed by Kalispell Parks and Keoree io .
That the area designated on the plat a "Park" shall meet the
requirements for parkland dedi6aticn and shall be developed in ac..cordanae
with a plan approved by the Kllropell Parks and Recreation Viree..tor that
provides reeoreational amenities i of c I g but not limited o pedestrian
access, irrigation, l roc p ng and play equipment so as to provide
reereeonl component within the development and not simply left as
p 1ve open space.
The Bond itlon is met. The parks and ree...reation direator hae approved
l roes for the 'ip k"1 also. See letter dated August 24, 2006.
2 - That a detailed floodplain study be completed and accepted by FEMA
determining the base flood elevation for the floodplain area within the
subdivision. No lots that are within too feet of the too year floodplain as
currently indicated on the FIRM panels shall be platted prior to the
completion and acceptance of the study area. Alternatively, the
developers may obtain a L.OMAor other* documentation from FEMA stating
the property is not in the too gear floodplain, whichever is applicable on
required by that agency.
The condition is met, Tom Jentz and Mari Leiahtj had a diseussionabout
this and It was agreed that if Mr. Jentz could see the letter of approval
from Mr. Shock that he would accept that at this point. See e-mail from
Larry Shock dated a em er* 21, 200, stating this study looks good
to hire.
20 - street lighting shall be located within the eubdivision and shall be
shielded so that it does not intrude unnec-essarily onto adjoining
properties.
• The light foxes and electricity a installed. The light poles. are on site
and being installed. All lighting being Installed is shielded and does not
intrude onto adjoining properties. See receipt for lighting installation.
Lighting was completed on August 25, Zoo .
The newly formatted SIA and extra bond is included and other necessary
letters of approval atta6hed. or timely review ie appreciated. Please
do not hesitate to Cell With any questions.
} iTrce re I
v
v..
xi
JoHma Morrison
Se,hwarz ArcNiteature and Engineering
RESOLUTION NO. 4"9
A RES0,LUT-1 ON C70IN DITIONA1,LY APPROVI NCY THE PRELUNIMARY PAT OF LQNE
PINE SUBDIVISION AS MORE PARTWULARLY DEKAMED ON EXHJUIT "A',
LOCATED I' SECTION 13, TOWN SLUP '218 NORTH, WXNGE 22 ES-1-t PMn
FIATHEAD COUNTY, MONTA-NA.:
W
t 11EREAS, I-Ame Pine DevrClopmum 1-1,,C, the 0-WileT Of 0W. certain real prop rty. dC.sen"bed on
of thte. Subdivision Plat:- of said prorwrov, a.nd
6
WHERU,'AS7 khe Kalh,'spell City Plamming Wxurdand Zoning Comm i: tim I held a put"'fichex .Ti fig -on
14 are h 2 005, o P. I hti-, p ro 1.,)wsa i a n d -r e v iew e d Su bd iv is i on Re po rt # KPP -0, - I
by the Tri-Gry Phmninj--- Office, a;nd
e ;Zt
W11FAF,AS, Mv Kallstvil City Plantring, Wiard and Zoning Commission has recomm-tWed
'auprovul of the Prep immary.plul of Lone pm Subdivisi-on, subjcO to cerk.Uirl
Conditions --md
NVHE'-R1-7,AS7 the City Council of the City of Kali -spell at its regular Council Mee fi.ag of April 41$
K,
r 4ew -.'Pri-Uty I'laiming Office Rel-vul ;'KPP()5-2
ev., -i�d the 4, reviewl;
recommendat tolls of tht KdAspelf City Pllaarurkg Ward and Zorurwr Corn Ims-sioll, an(I
found froini thy' 'PrefirninaTy Plat., end eDi thw the subdivisiont's In the pubt-ic
illre
NfOW THEREFORE- BE IT RESOLVED BY TUIF, 0TY COUNCIL. OF, 'THE CITY OF
K-ALISPELL MONTANA AS FOLLOWS.7
SECCION 1. Thar 1he Findim-gs of contained in 1'n'-Chy Plannijig Of"fice MC -Port
#KPP-05-.-1), are -herebyadonted us the Findings of Facl of 'the City CounciL
SEK_7�101N' ILTIml the "Upplicalion of [,wnc Pine Development, LLC_7 -For aproval of thr
Preliminary Phal ot' Unie, Pine Subdt'visiOn.: Kallispel-l" Fkmbead County,
,Moraana t hereby approved sub' _cz to the 10111owing conditions:
TF hat the dcvdop,.mc_.nc tj,,,f the n We s-fiall bo in substatIA-lial With, tthe- upplication
sub-mllic. (1, theslife plaiv, -tnazeriiils �-md other specitications aswell as any additional comliUMS
assc-mated with thc?UT),_Tts I,C�pprnved by the cit.y cuuncil, (KalisptAl Subdivisitm Reguhaut)lls..
A p diPha.0 m
an restr c-i wis for -*h�! subdivis�on shall be amended to rt"fflect a
Thal ix�venanls, condl tons, It d 1 1
provtiion for (he private comservation and mainte-MICk," 0.5 COMMOn afEtNUIS, -and the priwze
ih,(�t_ arr f-�ropo-sed for the iownhowws. Stcfticks Ifor the
viltan ime-nor wee', sh'all be Meamire-d- from tht ft'dge c;f r1w ro;irdwayurid s9hall be 20 feet. in the
41
and fear and five -feet on the mdes with the el� pfion of khe ze-fo lot line require-d to
confi,
ktCheVIC �hc townhOuse guvaficjn(,Si�e Devviopment'Review Cortullittee)
3; At z hc I i ale of 5 nlal �ptg-d �� prov isi o r�� sh al I ht� un ade fo r z he P ro S ha re of ow Tiers hin o 9' the
COMM.1on al*Va
a 4. hathe development heP'Die subjectahiiectlly I fcv-t'
ewaoutlint..d in
tbe application -and supporting materl'als and a letter be submitted to the Kalispell Site
'Review Committee from the Architextural Review Committee of the
Development 1 1;
.1 1 11
homeow-riers as--isoe'atioin prior to the issuance o1ra building pirmit. (S"Le'Deve lopment Review
Committee)
'Nained from the flathead Conscrvation Distfict Moil
That Permits be o ;tana Department of
Natuzral Rcsource s and tbe,,Montana Department ofEnvironmental Quality for work clone along
the mek channel or a letter from thosc agenctes stating that the wope of work does not require
pertlilittrig. (FCCD 11 DNRC)
6. That the, plans and specificallons for all public infrastructure be designed and ini.;;talled in
accordance with the Kafisfxll Design and Construction Standards and the'Kall'spell Subdivisioti
Re gutations, A le tte, r s h;all he obtained stall ng that they have he a reviewed and approved hit
the Kalispell Public Works Dr-partment, (Kalispell Subdivision Regulations, Chapter .1, Design
S t a R da r ds, S e C 6 c) I 125 1
That an easeine-ni shall be obtained from the adjoining propertv owner to I -lie east granfing 1-be
ricyht to develop the proposed 60 foot right-of-way or other demonstrallon of property
,.x.qu.Vs1 tion for road and utl I i1v purpos es an d oncornple ted dc dica ted to t he Citv of Kal ispel I
as a public roadway(KafispOl Subdivision Regulations, Section 3"08 (A).)
S_ J'hat a min.imu.ni 10-foot buffer sha-11 be. estattfished betweeii the northem tier of townhoises
arid the properLy boundarv, it) provide screeffing and huffering for the Properties to the, north and
the southwest. Thisshall he in the form of bemiing, lanicisca-ping, fenwing, or a combination
thereoL Thow- impr9ovements a -re to be cot ' ird-Wated with the Kalispell Public Works
Mpartment and the Parks and Recreation De-partment.
-0
-9, The following requiremmag shall be m-I. r,,r the 'Kall4spcil Fire DeVartmera: (KahsTeli
Subd'v'-s'on Re I I
I gulatbris, Secl'on 3.20).
a. 'Water mains designed to provIde minimum fire flows shal.1 be installed per ON
ificalions. at approved locations. Minimum fire tlows s e I
spec hall b m accordance w`ih
Inte.r.national Fire, Codc (2(X)3' Appendlx'B.
b, Fire hydrants shall be provided per City specifications at locations approvita-d b.Y this
deparImo. ent, prior to combustibic construction..
c, Fife Departmew access shall be providediii accordance with'International Fire Code (2003)
Chapie,�- S,
d. Second4ary- einetg�ncy ve-hicie access. shall be provided in accordance with International Fire
W W
Code (52-003) Chapter _5 and Kalis�-te I I Subdi.v4sion Regul allOnK.
-hould be .5-mcd duat bazardous wc:r-dzabatement shall I p )v d i ac o w.-ith ON s )e r( i ed n C ruancc
of KalispMl Oft
-f, Strect naming shall bc-.-; approved by the fire departmm.
10Thzit a Jeuer be obtained from the 'Kafispell Parks a.n.dl Recreation Director approving AT
landwsaN plan for the placment of trees and landscaping niaterfals vvlthin the five fixx
landscape houl-evard develop-ed txtw4een the ourb and the sldcwalk, fKafispell Subdivi'S"
Re-gul-ahonts, ' S cclion 3. 11
} Fhh-L,, .area designated on, thie plat tis, "pxk'" shMl mee-I fie req ul"rCIMIt. ra.5 fo r p arkland
tiedication and shall fie deviflRoved 1111 acc.-C1.1rdance with a Plato approved by the Kalispell PaTks'
_a - Q - .1, n 0 1 1
alit] Recreation Director that Providi�e-"�" to'cre-atioral arnertitles includiag hu t HM''ted '10
pedestrian irrigation, landsu ing acocss., and play C-quipment so as to provide a reCreational
PI
c. pe-11 ornpoi -,,cm, within f.-hc deNclopment and not simply left as Passwe open space(Kafis
Subdivision Regulations, Section 3. 1. 9),
TlI E I iat a deia'led floodpla;n sLudy he completed and accepted by FIEMA dietermin'ag the ba&�
tI(-xuJ tievation for the floodptain area within thesubdiviic.-Ion. No lots that are withi-la 100 fe.-C,
ii?
(3 r L hC 100 vc f I o0d 01.;i 10 a S CUB i-c n-U y i rid IcaE e d c) t i t be PIR M oanclf,-; s 11,al 1 Ix -D I a I t %A p rio r to i tic
(�I)Mplcticlfl 41,41d Of the study of -Alk%!,rn-aitively, the, developw.,ms- rmay obtain a
LOM-A or JGcuaientatlon from FEMA stafine tear, (fie is erty pro - i not in, t' e 1:00 year
p
-)Je aj.t� re irW b .1hat agenev-
!,I Thata t1m)(11P12in deve-10PInept pennit be obta'.ned fironithe Cky ol: Kafilspefl. after the FEMA
-,"Ludy "Itas becri completed and zixci.-pied fwr the projx)sed CrCcA r"rossing
14, Th-c roag7ds w ith I n the. bd . xi n shall be named.ill d L,"'igU-11;ed III acc Q-rda nee W. It 11 the policies of
i hKal �spell Public Work s- Mpartment and the. Uniforai'Traffic C� De -vices Manual and
t')e subject to reviev,� and approval of-rbe- Kalispell Fire Department. (Ka-lisfwil SubdivislOn
15. That a 60 f001 right Of W11" he nmOvid baw-e e n the gt-fbdivision afwl Lea r-TI -U -ne to -Ki] low -for a,
tbrough -access.
iXii apph r4lmllll the Obtained from thle Flathead County Road Depavinem 1"or the ui:w
ap P ,ess ftoni- Leam Lame and any improvements to those , roach off o f Val le�Vie w D rive attid au.
ro,t<jways required by the CouaWbe, completed prfo.r to fin%] plat submittal. A letter -from the
F"Imb-Ca'd COUTIty RCIad DVPWIment shall ht Submitted W114 the fin"al plat stating that a Post
const.rucllorg inspection has been- dione =,-)r that the proposed onforfor improvem, ents-, 111-'
a r I
ccep-ab-I.e.
17 < C- G 4' 11
1. That it no (c t )e PI tc- o .9 the face f-)"* t' e firial plat tha t waive s protest to the crerzaion of special
iji1prch,wernelit distric*s for the upgradc off' roads in tho, aroma to Cav standards wh ch mav be
11iipactedR 11-hy thits developme-ut,
4
18 4 ffie1-u -tiol, vlew the lope- r shal) demon-strace that an e s r At e time Of pr-COBSU C.re.
protv rt v has lxv it acq u i red to devel p the propo, ied road-W UY 'e'.11ICTIOSS TIVale- P
pt" rt Y of f -s- i.1 e to
he Cast (WI �C-01111-ccls w Val lcy V im Drive an d i hat ( ht.,'.� casement e ncom-passes the natu rr, and I
11tens i-I Y 0 f t he .Use that W i I � resai I t froin the devel opmew (if the su bdiv Usdo- D. (Ka.. I I
Sub,di-visian Ropitailotts 108)
'Flie deVC10per Shall pr0Vjd:,- :1 JC- I'T()M The U,-:--, PO�Slal S V C J.he pjar�.
er i C approvi
scrv;cu. (Kalis,,Pefl 1.34NMslan Regulations,, Section
Wes 11 10 1'
ht s'al I b e locate. d w i thi n t h e suk bdiv . ' rind s. i I I be. shielded ha
t (Kafi-spell Subidivis-Ion Regulat'uns,
I wl-.rude u nne CXssarily awo �4�011-11n'g Properties. I section
ivisiort Regulafions, Section 3. 1 D.
211, All utflitit-ssli 11 he 'n-stafled u-nd (Kahspe,11 Subd
m of two-01irds of -hc nec, in, structure kir th i,,,s siabdMs'on shat! be
Tbat a mimMU esSary I Ira
cony"Oeted pn(W 10 final plat "Suhn"itta],
In I ort S a t)-c re-veg taled w'th a weed -
as d istu rbed du in gg deve loprnc w! o f *1 he suhd, i v is i h 11
ftee mix Irnmediately after dev-�4opmem
ney Nvween thv- City of
Tha a do-velOpmcni ag-ree--rnr,#:nttv drliafwd by the Kalispell C*tv At. tor
K afissp-ed and the devclop e.r oull 1 ning and fomal iziinkg the terms, conditions, and proviss ions of
oscd,
approval. T"he final plan a& at)proved, rogether with the con-ditions and resfic-fions imp
Shall] 1:4)-Ilsfitut,�� the Plannehe d Unit 11:vclopmeflt (PVL�) zoning for S I 1-c-,
I -nwnt shaU - val'
That prefim inry pla I apprOval tor the fi rsa ph.�isiv. o. if the, p- lanned i�mit develbe kip X1
q6.
for it - PC riod, Of I life U "wal from dg-Fse date o w. r apppova I ith anautorrm ( ic th rcc -year e x tf; ris ip n as
each phasew of the subdivislov, plai has been compIcted and ffied. Kalispefl Subdiv-1sion
Re I I
.gulations, S-Ccfibn 2.04).
S)�CTION'111, Upon piroptr review and filing of [ht� Final, Plat of said subdiv" 'on cin the
office of the FlCouni-v Clerk and Rea);.-de5r, said preinises M12-11 be a
subdivi-slion of the City of
PAS' SED �kN 1) APPROV EDBYTHE CAN CO UNC'IL,,N-N V SIGNED BY INN MAYOR OF THL'
ITY, 0 F KALIS P E LL. THIS 4T14 AY 0 F A P R1 L, `92M5.
B, K-c-nnetiv P,miela e
M-avof
X-rrEs,".r.
J&�
Theresa Wtlite
Cicy Clerk
Cloty of Kali*spell Public WT orks
Post Office 1997, Kalispell. Montana � -1. � - � :� ��' �_ . �. = �� ��: �
M1"a
IIII
August 30, 2006
Lone Pine Development, LLC
144 East second Street
Whitefish, Montana 59937
.e: Lone Pine subdivision
Kalispell, Montana
Gentlemen.,
The City of Kalispell Public Works Department has reviewed and approved the plans and specifications for
all publicly owned infrastructure within the referenced project. The City of Kalispell Public works
Department hereby approves the existing.. completed City improvements except those listed in the
Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of
Kalispdl for the City owned and maintained improvements is granted based on the following;
. Schwarz Engineering, Inc*, letter dated August 17,F 2006,, certifying that the improvements within
the referenced subdivision have been inspected and installed In accordance with the City of
Kalispell standards and the approved plans and specifications.
. Our video records of the sanitary surer system.
. Receipt of a subdivision Improvement Agreement, Exhibit B, which contains the total estimated
construction costs plus 25 percent covering the estimated costs for the remaining construction
items. The subdivision Improvement Agreement, Exhibit B, is certified by Marc Pitman, P.B., to
being an accurate accounting of anticipated costs for the remaining improvements.
The Two year warranty period for the City owned and maintained improvements commenced on August
1, 2006. The two year warranty period for the remaining construction will commence upon acceptance
by the City of the completed constructed improvements in accordance with approved plans and
specifications.
If you have any questions, please do not hesitate to contact this office.
sinc ly,
Frank Castles, P.E.
Assistant City Engineer
Cc: Sean Conrad, senior Planner
Kalispell Planning ice
Marc Pitman, P.E.
Schwarz Engineering, Inc,
ARCHITECTURE
ff�7
SCHWAf2Z
August 17, 200
Fronk Cstls, P.E.
Ciy of Kalispell Public Works Department
P.O. Box 1997
f
Kalispell, MT 59901-1997
Re: Lonepine Trails Subdivision
Dear Fronk}
We hereby certify that we have inspected the improvements to Lonepine trails
subdivision. To the best of our knowledge belief, we have found those
improvements not included in the Subdivision Improvement Agreement to be in
substantial conformance with the approved plans and specifications.
two Year Letter of Credit in the amount o $1 ,5 .2o 20 of the cost of the
infrastructure improvements is enclosed.
Sincerely.
SCHWASCHWARZ ARCHITECTURE & ENGINEERING, Inc.
V
Mort Pitman, P.E.
M
z
C*\
M
rn
70
z
C\
H A Z ARCH ITECTU RE AN D EN 1 N E E R1 N6, I N w
100 Financiai Dr., S p'C 12 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax- 406.755.1310 - rw r. warzae.
Marc E. Pitman, P.E. September 22, 2005
Schwarz Archtecture & Engineering, Inc.
100 Financial Drive, Suite 120
Kallpell, MT 59901
Lone Pine Meadows WS, EQ —2.
Dear Mr, Pitman:
Plans and speeifications for redesign of the above -referenced project have been reviewed by
personnel with the Permitting & Compliance Division utilizing the certified cheeldst procedure
and Q -2. The plans and specifications are hereby approved. One set of plans and
specifications bearing the approval stamp of the Department of Environmental Quality is
enclosed.
,approval is based on plans and specifications received September 16, 2005 -under the seal of:
Marc E, Pitman, PR# 12563PE,
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is further understood that construction will be completed within three gears of this date. If
more than three years elapse before completing constr etion, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit, Please contact the
Water Protection Bureaus at 0W-00 for more 111ornation.
Sincerely,
.ter
Environmental Engineer PE
Public Water Supply Section
Public water Supply and Subdivisions Bureau
ccM City of Kalispell
Flathead County Sanitarian
File
RECEIVED SEP 2 2 2005
Centralized ervi s Division $ Eglf rceneat Division �, Permi i�$u Compliance Division - Planning, Prevention Assistance Division - e e aati nDivision
P.O. Bow. 200901 Helena, MT - 1 - www.deq.mt.gov
Au ust 17, 2005
Schwarz Architecture & Engincerino
Attn: Marc Pitman
100 Financial Dr., Suite 120
Kalispell, MT 59901
Seb��:��ar; C:onstrr.rctior RECEIVED ��� � �
Attu :.1€ hn Sc.l��.�:�ar .
100 financial Dr.', Suite I 10
Kalispell, MT 59901
RE: Confirmation Letter for'Receipt of Notice of ,intent . Number MTRI01913 for the LODe Pille Meadows
Sxrdivision Improven-i nts in Kalispell, Flathead County
.1_ ear Poo-r 1.1ttee.
11is serves as confirn-lat:ion that the Department received a conip.lete Notice of Intent N I Package on Arrgust 11, 2005, xvhich
listed you as an operator on the N01 Fonn for the storm water discharge associated with construction acti its+. A complete I
parka e 'in ludes are N101 Form. a Storm Water Pollution Prevention Plan S 'PPP), and the appropriate fees application and -first
year annual).
Operators with a storm water discharge e associated with construction activity are permitted under the oo - oo "Gencral Per mg
for Storm Water'. Discharges Associated with Construction Activity" General Permit) upon receipt by the Department ofthis
complete r 01 Package. Additionally, receipt by the Department of the complete . 01 Package co stanrtes a ffill agreement b
operators to meet and comply with all requirements ents stated in the General Permit.
Please be sine to become familiar witb the requirements statcd in the attached General Permit_ In particular, be sure to implement
your SWPPPI CP, develop and maintain Best Management Practices, perform required inspections, submit subsequent annual
Fees if necessary, and submit the required Notice of Temlinatiorr(NOT) when the site achieves final stabilization. Failure to
submit a completed NOT Foy will result in assessment of annual permit foes, which must be paid by operators.
violation of, or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the
Montana Water Quality Act. General Permit coverage obtained through the submittal of this NOT does not waive obligations to
obtain other permits or approvals that may be required.
Should you have any questions, feel free to contact the Storm Water Program at o - o o.
Sincerely, �-
pencee L Willett
Water Quality .Specialist
Water Quality Discharge Permit Section
Water Protection Bureau
Attachments: General Kermit
Enforcement Division * Permitting & Compliance Division o Planning, Prevention & Assistance Division - Remediation Division
MONTANAD ' EPARTAT-ENT
OF ENVIRONMENTAL QUALITY
AUTHORIZATION TO DISCHARGE UNDER
THE MONTANA POLLUTANTDISCHARGE' ELEMINA ION SYS E-
GENERAL PEPNET
`
FOR STORM WATER DISCHARGES ASS OCIATED
WITH CONSTRUCTION ACTIVITY
I. comp Eancewith Ctan Code Ama a (MCA) 75 - - 10 1 et seq., the .gym-. t-raw- ,r c Rules
of Montana Ate) 1 .. 1 1' t .peg., a� �M 1 .. of seq., operators who sub
complete Notice of Intcntpackagcfoistorm water - assw'- �t�o
activity uDl E G er =U't S S W T 's .aT-s .�. o' t wry - ion
Activity are . a d to di si r, a' L er tom c onsLruion - a ' � u
ac c ordanC with the, conditions set fob in
' arts I, H, IHIV, and V o f thi s G . c '-=t.-
Gxral -mt shall bccoffie effr,.ctive, 2002.
This Genera it shall expire at might, , 2006.
OR THE M N T A -NA E ART 24T
F NWIRN-NMNAL QUALITY
Thomas .. Rl, S'PC
rya sOF
Watffr Quality Discharcre Pe=lt Section
Dated t'-ru*s
tia c.ay of May, 2002
Page 2of28
TABLE OF CONTENTS
....... ............................................ ............. -............................... ....... .''.-3
PART I, COVERAGE UNDER THIS GENERAL PER-MIT~~--'—.4
A. '-...... —'....... ......... ..................... -----.4
' B. '................................ —.......... '—........ ----........ 4
PART 11. EFFLUENT LIMITATIONS AND SPE CUL CONDITIONS ............ 9
PART Ill. iAlON11TCR-ING, REPORTING, AND��CDRDS RETENTION
){EJQ0lREMENl�s........... ................ —..'--''---~............ —'''—'—'--'lO
A. MONITORING REQUIREMENTS ........ —.............. --........ ....... ........ ............. ----.......... -----lO
13................ .......... ........ ....... ............. --........... '-------........... ll
C. .........................
PART IV. STORM WATER POLLUTION PREVENTIONPLAN 14
PART V. STANDARD CONDITI(}NB—'.---'—'...... '...... —.......... .............. ~''—''--'19
A.
DUTY TO COMPLY .................. ...... ...... --'------- _'.................... ----............ ........ ........ --l9
B.
GENERAL ........ ................. '--....... ........... --,----......
l9
C...........
___ ......... ....... '.......... ---.......
l9
]]......
........ ......................... ---'......................... '_—'.................... .................
l9
E.
....... ._................... ........ ........ ...... --............ ........ —..........
l9
F.
.-----__—...... __—__---'—'—''................. —........ —'-----..2O
G�
S I GN A TO .......... ....... ............... ...................... ................. ......... —',''-------'2O
H.
......... --........ —............ ___............ ................... --'—......... —'--'--'_.......
.2l
�
-------'---------.2l
J.....................
................. ........... ....... —'......... ....... ----2l
K
PROPERTY RIGHTs ....................... ---......... ----'_^—.—________....... _....... —....... ..2l
L.
SEVERABILI[Y.......... ___ ............. --....... —........... ............. ...... ---........ ......................... .................. 2l
01,
TRANSFERS ...... ---.................. ----.----------._---------------------..22
__._____---'--'----'--_22
---.
O'
--------.__._--_--------_----'----'--,—'.—'_-22'
I.
ACTIONS .... —_----.—.`—_______....... —_......... —'---...... —''_----_.2S
{l
............ ._...... __...... ______.-----.......... --'-------...
23
R.
.... .......... __............. _----_-----................ —..............
23
S.
........ ............... .......... ._______.......... '--_................................ _......
'24
Page
PEST No MTR 100000
UORDE-110111-111n
The pose of this Preamble is to provide the operators who submit a Notice of Intent package
for a storm water discharge associated with construction activity under the General Permit for
Storm Water. Discharges Associated with Coristructlon Activity a. surmmary of the requirtments
for compliance with. this General Permit.
' ' basic pnc pie o t e �e er l . errr t to y arias or a t It es that contri 1-e
pollutants to surface waters and to consider practic.0 methods to reduce such pollutants from
your operation. The dqgTec of pollution control necessary will vary depending on the site and
the situation. FOTexample, if you are constructing a road on perfectly flat ground where there
are Do surface waters in close proxirx ty to your activities, the potential to cause pollution of
surface waters is M' ft rna , and only mir=al erosion and sediment controls would be expected.
On the -other hand,, if you are .constructing a hih1'ay and there -are several stream drainages, etc,
in close proximity to your project, very compreheasive and complete pollution controls would be
The major pollutant that could be a potcmtial problem for construction sites will be sediment
discharges from creased erosion. If the project will impact a waterody, you must ensure that
r umma.l sediment reaches surface waters by usinc, appropriate erosion and sediment control
measures. The discharge of turbid water may cause a violation of this General Permit. Ad equate
erosion d sediment control measures must also e used to prevent sediment discharges to
nPanan areas and ephemeral streams,
othe - pollu.tants likely to be a problem at construction sites are fuels, lubricating oils,
construction mateTials, ftrulizers, and pesticides. Managing those mate als properly (such as
keeping them as far away as possible from surface waters or preventing spills of these materials)
is a pn*mary factor in ensuring; -p o Hutants do not reach surface watcrs through storm water runoff.
In order to help characterize the construction activity, potential sources- o f pollutants, and Best
Management .t Practices (BMPs) to help ensure pollutants do not reach s rface waters, operators
are re ui ed to develop and implement a Storm Water Pollution Prevention Plan SWPP . The
basic re uire.rne is of the SVRPP are provided in Part IV. out s General emit.
� F
PART I
'age
PEPMT No. Mrr00000
ART I. COVERAGE UNDER THIS GENERAL EST F
A. General Permit Area
The General Permit applies to all areas oft .e State ofMontana.
±B. Sources Covered n r this General Permit
This General e it covers all Projects or activities which meet the defin-tooii of
t�storm water discharge associated with construction activity as defined Fart
V.T.I . of,t is General e=t. For deterniliLkig whether coverage, under this
General P emut -is required, the total I an d area of d i st rbar e that is part of a larger
common playa of dcvelopment or sale must be used. Detennffiation of the acreacrc
of disturbance does not typically include isturbar�ee for ro t e maintenance activities -on existing roads where the l'e and grade oft e road's not bung altered,
nor does it include the paving of existing roads.
The General Permit may also cover 'stor'm water iseba.r es from support aeti t es
relaltd to a construction site e.. oo.rete or asphalt batch plants, equipment
staging yards, material al storage areas, etc.). This is provided that:
The support activity is not a eom er ial operation serving multiple
unrelated constraction projects and does not operate beyond the
omp eti.on of the construction activity.
- . . Appropriate controls and measures are e .tifi 'irl the Storm Water
5
Pollution Prevention Plan SW for the discharat from the support
activity.
All discharcres rust be in a6cordance with the submitted S�PP and the
Provisions o.f this Genera ermit. .may other direct discharge and/or wastewater
discharge to surface waters is- prohibited -unless covered by another IDES
pe=t.
lais Gereral Permit does rot relieve the operator(s) from responsibility for
oor plian e with any other applicable federal,. state, or local law, rule, standard,
ordinance, order, judgment, or decree.
Permittees who have an active pest authorization under the 1997-2002 General
Discharge Pelt for Storna Water Associated -with .Con truetion Activity issued
prior to the effective date of this 2 2- o r l Permit) shall refer to Part
.C. . oft .is reissued General Permit for requirements on cont' ued General
Perm it coverage for their sto= wattr discharge associated with coDstr 1011
activity.
PART
Page 5, of 2
PERMIT NO. MTRI o oo
C. Notice 'Of IntentN I S Etta Procedures
1. Notice of Intent Package
..ny person who is the operator of a storm water discarac associated -with
const-uc io activity -which requires co crags under the General Perrait as
stated , a Part I.B. of t1us General Per=t shall submit a complete Notice
Intent (N01) package to the cpart=-. The complete Not package +
consists of:
a. An NOI completed on a standard N01 forte developed by the
Department, which prow' d cs all r ircd i�or ati o stated
in Part . , . of tis General Permit,, and signed by the operator(s)
based on the si nator'y requirements stated in Par V.G. and H. -o
this GeneralPenn' .
-F -
. A separate SIJYTp (document and related plans) which has been
. compl d i accordance with the rc iremen s identified i art
V. -of this General Permit and signed by the operator(s) based o
the signatory requirements stated in P art V.G. and H. of this
General Pennit.
n C. The application fee and first year armual fee, a it d. by ARM
17-30-201, �t: New fee rules ncludm'famounts are
effective as of February 2002.)
For a storm water discharge associated with constTuction activity with
constucti n-related disturbance under ' acres of total land area, an N01
package is not required. until the Department fb=ally incorporates EPA
Phase Il requirements into the Admim'strative Rules of Montana.
. N01 Foy
The NOI form requires, at a minimum, the follow* n g 'nform atioil:
a. Name azid address of all constr cti n activity operators as
defined in Part V,T. . of this Gencr l Penmit.
0. Contact person and telephone number for all, construction activity
pra.tors.
c.. Construction project/site -narx e, address, and co D (for NOT
pr i ects, also provide prof ect number and desip i .
j {
PART I
Pagr, 6 of 2-
PEST No, MTR I o000
.. Project- site latitude and loncritudie-for the center of the construct'
ion
ao i l ?s stu.r ance, o'r the endpoints for lineal prod e s i
degrees, minutes, and seconds) .
Name of receiving surface waters. Indicate the nearest pererz a
surface water body recerving the storm water ise ar
include a esc' do o the how a(S) for the Stam )�,,ratcr
iscaarges to these Teceiving surface waters and the a
aim t
distances as necessary (such as through ditches, coulees, other
ephernera streams,' and/or intermittent streams). Indicate whether
storms water will be discharging to a municipally owned story.
'sewer sys ern; if so, indicate the rtceiving surface Waters and a
e cr ti on of the flow path(s) as is pertinent.
f: EstlmatENd construction start date and completion date through site
final stabilization.
. A USGS o gra l�c reap indicating the location of the project
nearby s i ace waters.
. An estimate of the area (in acres) to be disturbed -due to
c.truo-related activity.
A brief descn*ptlon of the purpose and nature of the � cosxciorl
activity.
j. A.n medication of the type of consti-acfion active ee-
sbnt
rite
based on Fart V.S. of this General P err .i . - This m ust b e either a
t�commercial orpublic" eonstTuction activity,, or a "residential
(single family welli " construction activity. If residential
(single family we s indicated � a descryption of the scope
o
the o veTal I cons rac l on prof cot supposing this fee type .category
must also be indicated.
. If multito operators are identificd, an indication
o 7 Bch
operator(s) responsible for the submittal of fees to the
Depaftment (such as future ar.a _Lees).
If t to operators are i entif e , n indication o chic e
. razor
is responsible for the siibmittal of the TTo ice of Tem-iinalion-form.
Thds must roc .. an indication of which operator has piamary
responsibility,, anwhat those responsibilities are, clunng mayor
construction phases, particulaTly after earthwork is completed and
through .teaRnal stabilizatioia, If only one operator is Ide ife � the
responsible Party for final stabilization are., coseury, the
submittal of the Notice of Termination form., then this operator
PART
Page 7 of 28
shall also be the responsi..bhparty for fees idemtifiod in Part
k C.2 s # ab 1 F F
. NOI Package Submittal
A signed and complete NO form', a signed and comp I etSAATP, and the
required application and annua.l fees must be submitted to fnc following
address
J Montana D ep artm rat o f Enviro=ental Quality
Water ProteGtion Buxeau
Sto= Water Program
.1520 East Sixth Avenue
PO Box 200901
Helena,, MT 59620-0901
F4. NI Package Receipt Confirmation Letter
• h
The
Department will provide e-all dentifi cd operators) on the NCI form
with a Co.nfirmation,Lettr acknowledging the receipt of the complete
Notice of Int rat package.
Receipt by the r o artment of the complete NOI package by the
construction start date where construction -related dist .r a c will =`tiat
shall provide coverage to -discharge storm water under the Gan -o=t.
If any of the required items s in the NOI packac.reare not complete or are not
submitted to the Department, coverage for storm water discharge
associated with construction activity under the General ' n it will not
t at ' therequired items are received the Department.
Receipt y the art o the complete N acka const't t s . full
ageement by the operator(s) to moot and comply with all -requirements
stated in this General =t,
Theoperator(s)should wit complete N packages, with. all
components s bruited at the same tlme,' to ensure efficient N I
proccssing by the Department, to prevent delay of construction activity,
F
and to minimize potential sto= w at r discharge complimce Problems.
NOI Submittal Requirements for Permitts .authorized under the
r ding 1997-2002 G rai Discharge Permit for Ston-n Water
As ociatcd with Construction activity
h -o rator ongoing construct4 ro t :date of
this Gtneral Permit, which have are active r. .t autt or' a ion under the
PART
Pale 8 of 29
.PPM'N , �Mj 00000
199 7-2 0 02 General Discharge Permit for Story Water . sso clated with
Construction Activity, shall:
a. S ubrni t are N01 p ack acr e ac c ordin g to P art 1. C. 1. , 2 ., an d. o f t.is
General Permit with.n 90 days of the effectiv -date of this General'
'rr..t. If th operators) is eligible to submit a Notice of
Termination Wider Fart V.R. of this General Permit (e.g.,
construction is finl'hed and final stabilization has been achieve
before. the o clay, are N01 package is not required to be
subnal tted.
}. For the first 90 days from the effective date of this General Permit
comply with the terms and conditions of the 1997-2002 General
scha-re 'er ant for Storm. Water Asso iatcd with -Construct'ion
Aeti it , except & t, for Notice of en-ni patio s, the rtquirements
of Part V.R. in this -2 - General Perrmat shall apply,
C. Update their SWPP to comply with the requirements of Part IV.
of this General Permit wig 90 days after the effective cute of this
General Pennit.
.. If a Notice of Terminations D.Ot to be submitted before the 0
day after the effective date of this General Permit.e..,
4 construction is -riot finished and/or final stabilization has nat been
achieved by this date), submit are NOI fee according to ARM
17.3 0.20- W1 th the N 01 form. This fee wi11 b e waived 1f the
onginal permit application for authorization wider the -2 o
General Permit was stamp -received by the Department between
January , 2002 and the effective date of this 2002-200General
Y -
'ermlt.
i
t 1 "
r ~ # RT
FPagc 9 o
f 28
Pam' N. M.i-oo
ART 11. EFFLLTNT LIMITATIONS AND SPECIAL CONDITIONS
Effe tive i= dia o the submittal o f a comp I (,::-ttNo tice o f Inttnt p ackagcfor
Goverage under this General Permit and lasting through,the expiration date, the following
effluent limitations apply.
A. There must be no discharge of process wastewater pollutants to surface
waters. Discharges to surface waters of material other than storm water
must be in compliancewith a Montana Pollutant Discbarge Elimination
System (MPDES) permit other than this De al Permit.
B. All discharges to surface waters covered by this General Permit must be
composed entirely of storm water. Discharges must consist of water
generated only through rainfall precipitation- and s owmelt.
C. A discbarge of storm water associated with construction 2ctivity must not
cause or contribute to a violation of water quality staDdards.
D. Theoperator(s) shall develop and a taro all BAIN and .storm water
management controls fia accordance with the SWPPP required in -Part IV, o
this General Permit.
PART IU
Page 10 o +.
PEST No. moo
ART III. MONITORING.EEPORTING, ANDRECORDS RETENTION
RE UIREMENTS
A. INIonitoriniy Reauirements
I. Thfn operator(s)shall implement and maintain best Management Practices
(BMPS)to minimize potential pollutants in storm vatcr discharges, as
identified in the V�T.
2. Storm -water discharges associated. with construction activity must be.
monitored y the operator(s) aspecified in thi-ssection o evaluatt the
adequacy and effectivc,-m�,ss_ofe erol-or and sediment control measures
and Bps.
3
w rosIo soimen `control measures rust e irsc and
maintained or undo the direction of the operator(s) at least once every
fourteen calendar days- and. within, 24 hours after any storm evert of o.
inches or greater.
. The frequency of the inspections reqi4ired in Pail HL .. . may be. reduced
to monthly, as follows:
After the operator(s) has completed earthwork and construction
activities the, constmctlon sits.- and has installed the SWPPP
erosion and sediment control measures and other 13N2s necessary
to establish final stabilization at a later date,, Or
E
b. ctwoe December l and Marc. I t
In either case, all sediment and erosion control measures nd. other BY2s
must be, L'Ia place as identified in the SWPPP. This changem insinsp ection
re ue-ncy and its schedule for implementation must be liadicated In the
S�PP.
. A inspections and moni or' .g performed abo Under Part M. A. 3. �.d 4.
of this General Permit must be documented and kept in ao ord.ance with.
Part 1_ .. x and I of this General Trnit.
. The, operator(s) o `+a. storm water d3scbarge associated -wit . construction
activity with construction -related disturb ance of 5 acres or more of total
land area, which has had active General Permit coveracre for I year or
more, shall perform an annual ffispection of the site by the year
PART III
Page I 1 of 28
PERMIT NO. MTR10-oo
=v rsary date of the submittal of the N I packago or the initiation Of
active pe=it cocagc. The Dual inspection must:
a. Id ntl y areas co tri t g to the. storms 7atr discharge associated
with co structi n activity and evaluate w cth r measures to r d c
o Huto t load.L*ns I dcntlfj ed M the S WPPP are adequate and
properly implemented in accordance with the -requirements in this
General Permit or whether additional controls are needed.
. Be summarized in a report that includes a c rt cat on o
compliance with, the SWPPP aad General Pe=t and any M c d nts
o o xco� is .cc. Such report and certification. m st be s'gn d in
accordance c with the signatory requirements of Part V.G. and H. o
this General Pest. This inspection record., report, and
certification must maintained.in accordance with Part I,C, ..
and C.. of this Geerl Permit; . k
Reporting Rirets
Notification of Facility Contact Changes
The operator(s) sal notify the I e artm ent in �ting of any change of thew
des1�at contact ersor m H' g address, and/or tee .o e number has
ongmally identified in the Notice of Intent) wig 15 calendar days of this
change.
2. SIURlase Notification.
The operator(s) shall submit t Witten notification to the Department Stop
Water Program (mailing address is stated in Part L C. 3; of this General
Permit) within two business days of t 'detection of -any nrl at
s 9f.ca t- spill or release in any area(s) which has the potential to introduce
pollutants into storm water =off other than sedunent. "rI-iis notification
must pro vide:'the Notice of Intent number; the mare o f the construct] on
activity project; the operator(s) as identified o the Notice o Intent form; a
description of the time and duration of the spill/release; the specific location
and contamant fate of the ill releas ; a descnption of the quantity and
type of matrial spill od releascd; measures beinor taken to inves6 aate and/or
rernediat the s i 'eleas any known or potential impacts to storm water
discharges .d.ue to the s i l re case; and any Bp s to be implemented to
mimmi.ze and/or prevent similar spill sred as es M the future.
. Noncompliance Reporting
I, for any reason, the operator(s) does not comply with or wil.1 be unable
to comply with any con.dition specified in this GeDeral Permit, the
ART M
Page o -
PERMIT NO. RI 00000
eraors shall notify the Departnent as soon as possible by phone and
i the Department ent with the following formation, in � i cr within
five calendar days of bccomi`ng aware of such andi io .:
.. A d6scription of the discharcre or other cause of .o eomphauc ;
. The period of noncompliance,, incl d.mg exact dates a d times; or,
-if not lde i d the anticipated time the .oneompha c
expected to continue; and,
e. 'Additional measures being taken to reduce, eliminate, and prevent
r c .rxe ces of the non-complyma. d sc .arse or other cause o
noncompliance.
All reports, nca r s...and inquiries -regarding the eo d't'o s of thIs
General Permit must be provided to the Department at: - -
Montana Department of F , rope z a. Quality
Water Protection Bureau
Sri Water Program
1520 East Sixth ea.e
PO Box 200901
Helena, MT 59620-0901
(406) 44.4-3080
C. Records Retention
I Permit Retentimi Requirements
ent
The operator shall retain. a copy offs General 'er i� a copy of the
completed and signed Notice ofIntent forte., a copy of the D,e rtme '
onfi=atlon Letter for receipt o the Notice of1ne package', and a copy,
f the completed and signed Storm Water Pollutlon Prevention Plan
SN�Tthe constru ction activity prof ect site at all tomes dig tie ae i Ve
coverage period provided under this General 'e=. if o permanent
offices/buildingsare located at the faci ty site, t ies of these documents
miist be re ainbd at the office of the operator's contact person identified on'
to Notice of Intent form and -at the office o f f C pn' m, ary op eralor s
responsible for the � ementa io of the SWPPP and rust be brought to the
site at all times with these idcn i ied o ra or . If the person(s) designated
a j-espqnsible on ac i di idual is replaced dig the active coveracyc
period provided under h�s General Pert, the. operator(s) shall ensure
measures .re are in place to transfer and farnia Sze replacement en er onne with
the requirements ent er a inn o tbe e d cum e s-
PARTIII
P age 13 of 28
PERMIT No. MTR 100000
Insp tcbo and UnGontroIl d Rel as e Records
The operator(s) shall keep a record of M'Spections,, the date tim-
inspected, and the name of the person performing theinspection.
Uncontrolled releases of mud or muddy water or "sigmfi ant sediment"
has defined 1 'ark �. ', � r found o the site or
entering into surface avatars must be recorded with brief explaiaation as
to the measures taken to prevent t .ro releases as well -as any mtxasures
taken to clean up the scdirnent that has left the site. This inspectiou rccord
mustbe madc availablcto the Deparbrnent upon request. Any occurrence
of noncompliance must be reported according to Pam H . . . of t.
Gem ral Per -.it.
- S
All records and information resulting from the mot t r*rig activities
required by this General Permit., a copy of the ompl t d and sip d N I
form, a copy of the DEQ NOI Package Receipt Confirmation DDtter, and a
copy o the completed and sided S� shall r� tai dby the
operator(s) for a rMnimurn of 3 years from the date the site is finally
stabiliztd, or longer if requested y the Departmfmt.
}
{
PART IV
Page, 14 of 29
PEPMT N. 1,,�Mi 000
EART IV. STORM WATE..R POLLUTION PREVENTION PLAN
A. The operator(s) shall develop a Storm Water Pollution PTeYention PlanSWP
and submit a copy of the SWPPP at the same time as the Notice of J.teDt fors.
This aerator sh aft ir. em-e t the S P ' at the time construction a.cti i y
commences. The o f CCtl�7e o the SWPPP is to imize the erosion of disturbed
land during oo struetio and post -co stmc ion activities and to minimize
pollutants, such as sediment, fuels, coil, grease, e-ftii erg pesticides} concrete took
washout, etc. from 1 c a.r , .
� surface waters. �s responsibility of the
operator(s) to ensure the S\WPP Mquirements state. in this General Permit are
complied with. Incomplete SWPPPs are. a. violation of this General .hermit. T e
Department artment may take or 1 1tiate e forcer .e t action if an operator is found to
have prepared are. incomplete SWPPP.
The SWPPP must:
e s1ped in accordance with the signatory requirments in Part V.G. and
E of this General 'ernAlt,
. Be maintained at the construction site in accordance with Fart III. C. of this
General e 'malt, an
. Provide for cor li,-me with the terms and schedule of the SVvTPP and bc
updated as necessary.
B. The SWRPP must be it . le .e .ted for the entire duration atior the project, beginning.
with disturbance related to construction activity and a.s ina threu,e�. establishment
of site final stabilization of d1s=btd aTeas,
C. The Dcpartment may notify the o erator s ; that the Ste PP is not in compliance
with this General Permit. Timms .et nnination of SWPPP deficiency may be
derived through site inspection or through a re -view of the Ste. After such
notification fTom the Department, the operators) shall make chances to the
SW' ' and s�ibmlt written certification to thee a me t 11 d.icating the
necessary changes have been made. Unless oteise Provided by the
Department, the operator(s) shall have seven calendar days after such notification
to make the necessary changes to the SWP. When the Department rakes such
D ti cation, the o er WT shall provide the Department with a copy of revisions
to tie 5�''.
D. The operator(s) shall amend the SWP' -Whenever there is a change in design,
construction, o eratiorl, or maintenance. which. has a significant effect on the
Potential for the disc . - e of pollutants to surface waters., or if the-S P A' Proves
to e i e` 'ecb e in achliEWing th6 general objectives of controlEncro luta .ts in a
storms water care associated -with construction activity. Wb.f,:,n such reilos .
PART N
page
PEST No. MTRI 000oo'
are made o the SWPPP based upon this General Permit candition, the operators)
shall provide the Department with a copy of revisions to the SWPPP.
E. The SWPPP may include any erosion and sediment control measures or best
Management -Practices MPs), including but not limited to the use of s d mcnt
basins, bans, tamers, filter steps, covers, diversion structures, seeding, and
sodding.
F. A_nY SVv?PP that is prepared for a construction activity which includes 20 acres
or more in total disturbance related to construction activity, rust be reviewed and
stamped by a professional engincer licensed in the State of Montana.
G. The SDPP must Uiclude at least -the following items
1. Site D escrip tio.: Each plan must at a minimum, -provide a des cr'p ion of
the following:
a. The natue of the constr .c ion activity, including a proposed
implementation schedule for major activities;
Es mates of the total area of the site, and all otlaer sites if a phased
deopr -lent project, aid. the area. o the site that s expected c
undergo disturbance rclat d to const-uc io activity;
C. Site r ap s indicat
0 Areas of total development wad, at a minimum,- areas o
"disturbance" related to construction activity incl dm
support activities related to a co sic on site . concrete, or
asphalt batch plants, e ui1P ment staging yards, material
storacre areas, r. ateri.'al borrow areas, etc.),
• Drainage patters;
Approximate slopes anticipated after major grate
activities*
• Areas used for the .stora e of soils or wastes;
Areas used for the storage offue l
Location of all erosion and sediment control measures o
s :ru.ctares;
Areas where vecretative ms .res are to be it .p mcnted;
tD
The location of impervious s .r . .res (including buildings,
Toads, parking lots, outdoor storage areas, -etc.) after
construction is completed,
The location of alb -surface waters on or near to the
construction activity site(includm*RD CrIenni al and
intermittent water odi s, ephemeral streams, spr s,
wetlands -with standing water, -etc.),
T i
PARS` r
'age 16 o u
PERMIT NO. NITRI 00000
The bounder of the oo-year floodplain., if determined;
and +
north =wand ma e;
. ' The character and cro i i it . -of sediment and other earth material
to be disturbed at the prot site, lini -cut/fill matcfial to be
used.;
e. For a storm water discharge associated with construction activity
WIth construction --relate. disturbance of 5 acresr more of total
are. area. �. estr.ate the coefficient o t� � he
increase in impervious area after the constraction addressed in the
NOI is completed.;
f. The namesOf TCCCiVina surface waters and a description of the
size, type., and location of each point source discharge or otal. If
there is no distinguishable point source discharge or outfall to t
receiving surface waters, a descn"ptjon of storm water runoff flow
and draInage patte.MS into the TCCeiVina surface waters must be .
provided. If the discharge is to a ru.rclal separate storm sewer,
tl-ie location of any stone sewer discharge into rec-eiving surface
w ater ; and
9.
dtscn*ption of sto= water discharges frorn supporfactivitics
related to a construction site e.. concrete or asphalt batch plants,
equipment stagina yards, r. atenal storage areas, etc.).
tBNMs and torn Water Management Contrail
Each operator(s) -vexed by this General Permit shall develop, part o
the S�a es r ti r o MPs are storm water r, a. a ement controls -
,a M r ate for the site including a brief description of applicable local
erosion and sediment 'control r iTeMents. Tht following minimum
components is must be addressed, including a schedule for ir die .entation,
ur es's otherwise authorized U"a writing by the r e arty erit.
a. A description of stabilization measures which must, to the degree,
raoticable, r ser e existing ctado are r ��� ; etatc areas o
construction -related disturbance as soon as possible after g"a l
crstrctor. deeiir e�etate measures, the i-ratrs
shall consider: tempoyary see 1nor, ptrmanent setding,mulching,
sod stabilization, vegetative buffer/filter strips, uasse d water -ways,
erosion control Markets, are.d tree and shnib planting.
b T .cs cri tior of str ct raal measures res which d ' cates how, t -t e
degree practicable, the o rat r s will divert store m7atcr flows
PART TV
'age 1
RNff' No, MTR 100000
ro'M e poscd soil, store these flows or of erw se iir it xunoff c)m
.posed areas of the site. In d eveopmg structural, r.sure� the
operators) shall consider: straw bale dikes, silt nco , earth dikes,
brush barr'ers,, drainage swa.les, check dams, subsurface drains,
pipe slope drains, rock outlet prot ct on, drain inlet and o ti-et
protection, temporary dram diversions, sediment traps, temporary
sc&ment bash , i t 'atior trenches or basins, and retaining walls,
The operators should also consider the proximity of structural
r ea.sures with respect to f.00dplains, and if there are other
atera.tves, avoid the piacmet of structa) BAPS within the
.00dp lain.
C. None of the t mpbrary control structures, including silt fen6cs and
straw bale dikes, shall be removed until Permanent vecretation and
site stabil2zation has taken place. The, only exccpfion to this could
y be where temporary control structurc need to b moved or
r.emoVed in order to allow continuing construction activities to
occur, in which case equivalent measures must be implemented to
r•
ensure the" same level of protectio, in minimizing ig potential
pollutant discharges.
d. Off -site vehicle tracking of sediments rom the co structi x� site
must be controlled or lnimi. ed, particularly onto paved road
surfaces; in order to i�Mu'e the potential irnp in e .t of storm
water quality,
Whfm trucking saturated soils from the site, e.itb.er tight leak -proof
trucks rust be used or loads must be required to drain whir
drippa e has been reduced to less than I gal .o . per hour. before
le-aving the srte}
H. I�Qs must rm'iaimize or prevent- Ps gni cant sediment" s defined .ire Part
-V.T.13. of this General Pe nit) from leaving the construction site.
if F Isi gnificant s edim ent"(as de med in Part v . T. 13. o f this General P err. i t
results fiom the .failure of erosion or sediment control measures, the operator(s)
shall evaluate. the effectiveness of such measures -or other _'s and =Orporate
ft
Hnprovernents to minimize the potential for "sib leant sediment"..
J. if "significant sediment" (as defined in Part V, T. 13, of this Gene al Permit)
results from the failure of erosion or scdiment control ensures, the rnaten'al must
be, cleared up axed placed back on the site or disposed 6fin an acceptable manner.
The material must riot be washed into the storm sewer(s), draina eway s , or
receiving surface waters. This does not waive any obligations for the operator(s)
to obtain other permits or crnissiorrs to clear. up the "si�i �t sedir er t.�#
f
ART i
Fags 18 o
PERMIT N. MTR1 0000 o
K. A descn'ptianof TneasuTes to control pollutants in storm water discharges that will
ocmir after constructiYations have bimzm mm rust be addressed- the
SWP', including a brief descriptim of applicablelocal erosion aDd s;.;.,d='ent
control requirements. Such m asuTes may inclu- storms water -detention
strucrs ili.g wet as, stom wtr retention stractues, flow
attenuation use of open vegetated 'sw ales and natural depressions, and
infiltration of Doff -site,
PART V
Page 1
PERMIT NO. MTRj00000
PART V. STANDARD ARD CONDITIONS
A. Duty toC .�, ,� � . .
The operator(s) shall comply with all conditions of this General Permit, ,may
Ge e al Permit noncompliar ce .constitutes a violation -of the Act and is grounds
for enforcement a tion, for ter . at on of coverage under the General er lt,
revocation and reiss a .oe, r odifieation of coverage .der the GeneTal e,=t, or
for der al of Ge eral Permit coverage renewal. The opera ors shall crive the
Department advance notice of any planed changes at the permltt d activity that
may result in permit noncompliance.
The Montana Water Qu ality Act - 5 -6 3 1, MCA) and the federal C I can Water
Act (Section. provide slg if ca .t penalties for any person � Iol tes a
General Pe=it condition. An person who violates any condition of this General
ennit 1 s subject to a civil pen.alty-no t to exceed 2 ,coo per day per -violation, or
an admi strati e penalty not to exceed S 10,o 0 o per day per vio I atlon as well as
any other appropriate sanction. provided by Section 309 of the Clean Water Act..
B. Continuation of t e-E gyred General Permit
An expired General Permit remains in full force and effect until the General
Permit is reissued. Those operator(s) who submitted Notices of hatent prior to the
expiration date or who were granted coverage under the Grieral Permit before it
expired, are covered by the expired permit until the General Permit is reissued.
C. Need to Ha for Reduce Activity nit a Defebse
F -
t shall not b e a defense for an operators) in are enfor-cemer t action that. it would
have been necessary to halt or reduce the penn]tted activity in order to. maintain .
compliance with the conditions of this General Perm' it.
. Dui t estate
The operator(s) shall take all reasonable steps to nuni i e or prevent are
discharge in violation of this Gencra -e=t that has a reasonable likelihood of
adversely affectE ma health or the eri *ror�er�t.
E. Dutv to Provide Information
The Operators) shall -f r to the Department, with reasonable time, any
in orr ati n which the Depailment may request -to deter ire w ethcr cause -exists'
nor moth �r , re ok r� and reissuing, or terrnir ating coverage under this Ge erai
pe='t, or to determine co .pha .oe with this General Permit. The operator(s)
shall also fumish to the Department, upon request, copies of records required to
e aiiataMed under this General Pert,
ART v
Page 20 of 28
Ear NO. MTR 100000
Otber Information
When the operator(s) becomes aware that be failed to submit any relevant facts or
brmtte incorrect in orr at on in a Notice of Intent package o.r aiay report to th-e
Department, e shall promptl y s bm i such Facts or f ormati rat
G. Si(anatory Reouirements
All Notices of Lntent S WPPP s, Notices o f Terr. i .ation, and reports or information,
must sided. and certified.
I . All Notices of Intent, S1YWPs, Notices of Termination, and reports required
by this General Permit must be signed by the followin persons or' by a duly
a t . ed representative ol: these persons as provided in Fart V.G... o f this
General ' fruit:
a. For a corporation, by a responsible corporate officer;
b. For a par uuship or sole prop .etorship, by a generaI partner or the
prop DetOT) resp tively;
C. For a m nieipalit � state, faderal, or other public agrmcy, by either a
+ pnncipal executive officer or ranking elected o,- eial.
t A person is a duly authorized e representative, of the 'person stated above in
Part v.G,1- of this General Pert off? y if:
a. The authorization is made in writing by the persoii stated in Pit
V. Gw I. offs General Pest and subm tted to the Departmcnt, and
b. The authorization. specifies either �� id a or position avig .
responsib ty overall operation o t e regulated a.cil' or
activity, such as the position of plant manager, operator of a well or a
well field s perintendent, position of equivalent responsibility, or an
individual or.position havMC1oVeral.l responsibility for e .viroamental
matters f0f the company . duly authon'ztd representative may thus
be either a named individual or any iiidividual occupym'cr a iiamed
position).
t Changes to a t oh adorn if an authorization under Fart V.G. . of this
General Pernut is no longer accurate be arse a different n individual or
position has responsibility for the overall op rati on of the a 'Ety or activity,
a e authorization satisfying the requirements of Part V.G. . of this
General P ermit fa Ust b e submitted to the D ep agent prior. to I or together
. PART
Page 21 of 28
ERNUT No. MTRI 0000o
with, any S WPrevisions, reports, or other information requin*ng the
s.at.re of a duly athor'ed representative.
H. CertificatioD
Any person sing a document t required under this General Permit shall make the
following certification.:
x certify under Penalty o f th e law that this docum' ent and'a l attachments were
prepared under my d ect on or supervision in accordance with a system designed
to assure that .al ed ersor el properly gather and evaluate the infor ation
'
submitted. Based on my inquiry of the, person or persons who manage the system
or those persons directly responsible for gathering the infoi-manor , the
in omiation submitted is, to- the best of -y knowledge and eh.e , true, aerate,
zuid complete. I are aware that there are significant penalties for submitting false
ixfermadon, duds g the possibility of free and mp sor rnent for knowing
violations.
. Penalties .for False Statements and Falsifvingy.Monitori
Under S ection 7 5 - - . , MCA., the Montana Water Quality Act. provides that any
person who knowingly makes any false statement, representation or ccrtificat or
- in any Notice o f Intent,, record,, report, p Ian, or other doc meat filed -or required t
be maintained under this General Pel=t or who falsifies,, tampers with, or
knowinorly renders inaccurate any monitoring deice or method required to be
maintained under this General Permit shall upon coiiviction be punished by a fine
o f not more than 2 5, 000 or by ='pn sonme t for not more than 6 months or o th.
J. ofl. and Hazardous Substance Liability
Nothing M this General.- Permit shall -be construed to Preclude the institution o
any legal action or relieve the operator(s) from any responsibilities, ha l tles, or
i penalties to which the operators)'is or may be subject under Section 3 11 of the
Clean Water Act.
K. Property � s
he issuance of this General Permit does not convey any property rights of any
sort ,-nor any exci s e ri egc , nor does it authorize any injury t.o matx>
property, nor any invasion ofpersonal n'ghs, nor any infringemer t of federal
stag, or local laws or regulations.
L. Severat
The provisions of this General Permit are severable, and if any provision of tHis
General Perri, ' or the application o f any p ro ision o f this General -erma t t6 any
FART
f Page 22 oA
PERMIT NO. MTRo
Cimumstance, is held M , the application of u provision to other
circumstances and the remainder of this GeTiml r' nnit shall not be a f ctcd
thereby.
�w Transfers
. Notice oflut nt cannot be transferred to a new operator . A new operator of a
facil't must submit a new Notice of Int t package according to the pr cc .ures M
Part I.C. of this crrx t prior to tag responsibility for the construction activity. If
the new operators) c osts to c l op anew Ste PP, the new operator(s) shall be
pectcc to i pl meat the old Sme-\PP until the new plan is developtd,
implcmei1ttd, and submitted to the DEQ.
N. P.roper Operation and Maintenance'
The operator shall at all times properly qperate and mauitain all facilities and
systems of treatment and controt(and related appurtenances) which are installed
or used by the operator(s) to achieve compliance, with the conditions of tis
General cr t � t Storm Water oll t o ' tnt*
Plans. Proptr operation and r affit t rya ee mcludes adequate laboratory controls
and appropTiate quality assurance proctduies. Proper op ration and rnai to ante
require the operation of backup or auxiliary facilities or similar systems, installed
-b an operators) offly whet n cessary to achieve compliance iance pit the conditions
of the General Permit.
.
o. InspectioD andE r r
The operators) shall allow the Department or the Regional Administrator, or
a tbo ed representative Hereof, upon the presentation of credentials and other
do cum ,, ,ts as may be rfaqLured by law, to.*
I. At reas -.able times, eater upon the operators 's prer .ises where a
regulated facility or activity is located orbonducted or where records must
be kept under the conditions- of this Gcn ra Pe t;
. Have access to" are . copy, at rea ona l r- times, any records that rust be
kept under the conditions of this Geri- ral Permit;
3
. Inspect a reasonable tires any facilities, uiprrcrt ircudir nortorr
and control eq uIpmen measures, or operations regu I ated or req ulrcd
under tl s GeneralPermit-, and
sample, or monitor at reasonably times, o the pose. of a su permit
COD-Iphario , any substances or. parameters at any location,.
Ak
23 of 28
PERMIT No. MTRI oo o
P. Permit Actious
Coverage under this General Permit may be modified,, revoked mad reissued, or
terminated for case. The filing of a request by the operators for a r odi icatio .,
-revocation and r , s a ,- or te=nat o ., or notification of planned chanares or
antl ipat d noncompliance,, e, does not stay any General Permit coriditloil.
�Reopener Provision
If there is evidence indicatinc, an c ceedance of a water'quality stazndard due to
any storm water disc .ar c associated with construction activity that is covered by
this General Perinit, the operator s r ay be required to develop and implement a
corrective action -plan, which may include additional BN2s or the need to apply
for and obtain coverage under an individual MPES permit.
R..: Notice of Termination (NOT)
Where a site has been finally, stab liz ed or. where the operators) at a site
changes, the operator(s) shall submit a standard EQ Notice o
' r ' at o . (NOT) form that has been signed in accordance with Part
V.G. and H. of this G6ncral Pennit. The standard DEQ Notice of
_ ' rn lnation form that is used must be the 2002 updated.version (or a
subsequent revision and must include the o owm' information:
a. The mailing address of the. construction activity site. 'Where a
mailing address for the site is not available, the location of the, site
must be described by .the latitude and longitude for the center o
the construction activity disturbance, or the, endpoints for lineal
prod o rs d c, re s, nunu.tes, 'and s con.ds ;
b. The .arx e, address, and telephone nib er of the operator(s) as
l identified in the Notice of Intent;
C. The MPDES Notice of Inteut number as stated in the, N1 I Package
t Co fi=ation Letter describ ed -in P art I. C.4 . o f thi s General
Permit;
d. Certification indicatiiag the site has achieved final stabilization,, or
the operators) o f the p roj ect has chan-ed; and
The Notice of Te='nation form must be sided i 'accordance -with
Part V.G. and include the signature certification in accordance with
Part V.H. of this . cne,,ral e= t. The Notice of Termm'atjon must
bc sent to the following address
PART V
Page 24 of 28
PERNUT NO. MTRI 00000
Montana Dcpartment of Environmental Quality .
Water Protection Bureau
Storm Water Program
. 1520 East Sixth Avenue
PO Box 200901
Helena, MT 59620-0901
Failure to submit a Not.1ce of Tcrminatlon shall result in additiMal annual
permit fee accumulation until nonfication has btell recel ved .
}2. For the operator(s) identified on the Notice -of Intent form submitted itt to the
r epaitrr�ent, only one Not'ce o =radar form. shall e s Witte
when final stabilization of disturbed 'areas associated with the construction
activity has.b pen sati s factorily accomphshed
3
. If r than one operator is stated on t.be Notice of Intent form and a
operator(s)desires to bcrehcved of T sponsi ility for a' particular portion
and/or per , 'the General emit coverage period, then t�
operator(s)shalloperator(s)shall so indicate on the Notice of Intent form whin it is
submitted.. Consequently, the Notice of Intent form must specify which
operator is responsible for the submittal of the Notice o=nation.
: This. would typically pertain -to situations where a hired contractor has
complettd earthwork activities and the owner elects to accept sole
responsibility for complianGe, with the General. Permit (including annual
ual
fees) ffom the tessati on of earthwork activities through final stabilization
of the site and the formal suitta. o'thc Notice of Tennm'ationform_
S. Fees
I . The operators) i required to srit parent of an annual fee as s-t forth
i .ARM 17.30.201. (Note. New ke rules(Including fee amounts are
effective as of February oo .) When there is more than one operator
specified on the Notice of item o=, therc shall be are indication of
rich oprao is respoic o payment o annual'es.`the
operators fails to pay the Dual fee within o days after t,c due .date for
the p a-yTn e rat, the Department may:
a. Impose an additional assessment consistm g of 15 percent of the,
fee, plus interest, on the Tequired foe computed at the rate
established under - 1 - 1 , MCA- o.r
. Suspend the effective date of the tic of Intent for General ..
e=t coverage . or, if the nonpayTnent involves' are annual permft
feel, suspend t.e coverage under the General Permit for which the
fee is required. epee .t may lift suspension at auy time up
to ate the suspension occurs i the hoiden has paid. all
PART V
Page
PERMIT NO. MTR 100 000
o
u s an fees, including all penalties, arse srai s
imposed under this sub-s-ection. Suspensions are linuted to 1 yeaT,
after wEch the coverage under the General Pe=t dough to
Notice of Intent will be terrmnated.
2. Fees subirutted for storm water discharges associated with constmction
activity are divided into two a e r es based on the following-,
} a. A "residential (single family we Iing)" construction activity is the i
c nstiuicr ` �� �, s e re access, i ty, r related
disturbance utilized for sL'ng1c family occupancy on a distinct and
md1vidual lot or parcel of land and that is not combined -with- or a
y part of construction activity related to other lots, parcels of land, OT
single family dwellings; and
. A "commercial or public" construction activity is a M1# ruion ;
activity that does not meet the a Y e r '.n as ��r sI r� ��,s'�l
.3.,(singe 'ar t dwelling)" construct e ae� and that includes.
the development of subdivisions and other projects which are part
of a cam.n plan for development or sale.
An j a i `which- o ftese two cate gon es a constructi on a ti ity
meets must b e provided on the NOI form as required in Part 1.C. 2 J., o f this
G=mera Pest*
T. Definitions
The "Act" means the Federal Clete Water jkct.
2. "Best Management Practices" CBN2s") r. eans .sc e ule of activities,
prohibition of practices; maintemance procedures, and other management
practices o prevent r reduce the pollution state waters'. Bps also
� eue treatment requirements, operating procedures, and practices to
Control plant site rLinoff. spillage or leaks, sludge or waste disposal, or
drainage from yaw material eria storage_
. The "Dc ar r e " means the Montana DepaTtment of Enviro=ental
Quality,
4. "Disturbance" refated to COnStrUGtion activity.means areas that are subjectsubjcct to.
cleaning, ex a Kati , grading, i, s k l ,� earls ate.a s, a.
lacement/rem oval of earth material perfo=ed durincrconstruction projects,
5. "Ephemeral stream" means .s a stream or part of a stream that flows only in
direct response to p'recipitationthe mediate watershed Or in tesppnse to
PART *
Page
PERMIT NO. MTR 1 oo
the melting of a cover of snow and ice and whose chaimel bottornis always
above the local water table.
"Final stabilization" means all scal disturbinLcy activities � site .Ve
been completed, and a vecretative cover has been established with a
density of at- I east 7 0 percent of the pre -di st- a .ce It-vel s, or equivale .t
ermanrnt, physical erosion reduction methods have been employed.
Final to i i ation using vegetation shall b.e accomp s cd usi Steding
mixtures or forts, amasses, and sibs, which are adapted to the conditions
of te site. Establishment of a egtati e cover capable of providina
erosion control equivalent to prt-existincy conditions at the site i e
considered final stabilization..
" ar er common plan of de e o mcnt or sale" means .a contiguous area
r c multiple sc ar ce d t ct onstr On a.ct t es 'are plamed to
Y occur at differcnt times on different schedules under one plan. Thcse
separate and distinct co' st ctio activities which form a urger common
plan of development or sale may have areas of disturbance which are not
physically connected..
8.
"Operator" for the purpose of perrr ttin "storm pater discharge associated
with co s r ction activity" means any "owner or operator#t as de in d in
ARM 17.30.1304 associatcd with a construction prof ect, ..' o is a persoki
desianated as an' eligible s oratory pursuant to Part V.G. of this Gone a
Permit, and who meets either o"f the o ow g to o cri.ter"a.:
a. The party has operational control over coDstr ction plans and
sptcl�ca ors, inchiding the ab'lity to make r mod ations to hose
as and specifications; or
. The party has day-to-day operational control o.toe activities at a
project -%vh1ch are necessary to ensure compliance with a Storm
Water Pollution, Prevention Plan for the site or other General Permit
conditions (e.g, is a thor* ed to direct workers at a site to cam out
activities re.ired by the SWPPP or comply with other permit
conditions).
Ifm lti le operators are identified on the Notice of Inteatform, a particular
operator may b e a "o erato " for particular seg:ent or phase of the
constniction activity and/or "storm water discharge associated with
co st-uct o activity„ Ail exampleis if -contracted help is used for
earthwork, but not through to Enal stabilization of the site.
An ', er tor" is in of a Persons) at the 6onstruction proi ect site emp lo Yed by ,
the designated elizible signatory pursuant to Part V.G. offs General Pemut
(such as construction equipment users).
'PART V
Page 27 of 28
PERMIT NO. MTRi owoo
An "o .. ." shall be considered to have operational coiatrdl over all their
subcontractors.
contractors.
. "Point source" means s any d scerr le, co f aed, or discrete conveyance,
including but not limited to any pipe, ' ditch, channel, del, conduit, well,
discretr,fissure, container, rolling stock, concentrated gal feeding
operation, landfill leac ate collection system, vessel or other floating craft,
fi-om whichpollutants are or may be discharged.. This term does not include
rem flows from =gated agriculture or agn'cultural storm water Doff
10. IlRecei it g surface waters" is the aver, stream., lake,, etc., whdch receives
the discharge from the site.
"Regional administrator" means the adr i istr for of Region VIII of the
Environmental rotes ion A ency, � �I has �sdictio over federal
water pollution control activities the state of Montana.
12. "Runoff cofficimt" means the fraction of total rainfall that will appear at the
conveyance as runoff.
13. "Significant cant sedlm.e " means mud., dirt, sediment, or sinular m ten' a
exceeding 1.0 cubic foot in volume -vvhIch is deposited ih any area of too
.are feet or less onpublic or private streets. or property adjacent to the
construction site. "Deposited," includes dir ct deposit, dropping,
discharge, or placement as a result of erosion.,
14. 'Its -tor water" means storm water runoff snow melt runoff, and surface
runoff and drainage.
} "Store water discharge associated with construction activity" means a
discharge from construction activity due to disturbance from clearing,
grading and ex c av abo , _e .cept operations that result M the di sturb a . e of
less than I acre of total lard area. Construction activity also includes the
disturbance of less than. I acre of total land area that is a pad of a larger
cor ..r on plan of development or sale if the larger common ply will
ultimately disturb I acre or more. IrTegardless of the acreage o
disturbance for a construction activity, this. definition includes any other
construction activity designated by the Department based on the potential
for contribution to a violation of a water quality standard oT for Sigraficant
contnbution of pollutants to surface waters. For store water discharge
associated with a construction activity -tvh ch has disturbance less than
acres, the acreage of disturbance does not include routine maintenance that
is per 'or. ed to mm'ntain the on.criDal lire and grade, hydraulic -capacity, or
original pose of the facility.
# t
y
FART V
Page 28 of 28
PERMIT Not MTI 000oo
M. - "S\�T" or "Storm Ya er Pollution Pr renio Planer means a document
developed to help idendfy sources of p o Hution o r Tally af'eo ire the
quality of storm water discharges associated with a facility or activity and to
ensure =P lementat on of meas re to mimuupollutantsand control �
storm water er discharges assoclatcd with a facility or activity. The
Department men det yes specific u rem and information to be Meluded
in a S'VYTPP based on the type and characteristics of a facillty or are activity
and on the resp t-,cliv e NTS p e=t .reirer e.
. "SuTface waters" means any waters on the ea rs surface including, but not
limited to, streams, lakes, ponds, and reservoirs and it .gation and drainage
systems s discharg'ng directly into a s am, lake, pond, rese oar or o er
surface ater. Water bodies used solely for treating, transporting., or
= oundi. g pollutants shall not be considered surface water.
M*CII'AL FACILITIES EXCLUSION CH�kI.IST
(formerly called master plan exclusion)
Enclosed please find the infonnation required under § 76-4-127 MCA. and ARM 17.36.602 regarding a
mumcipal facilities exclusion for this subdivision within a groom policy area or firs -a, second-
class municipality (formerly referred to as master plan exclusions). Use of this checklist is only
appropriate when the municipality is prov'di the water and sewer main service and when the
municipality's engffieefing staff is reviewing the plans and specifications prior to approval.-
1. Name of Subdivision. Lone Pine Estates Subdivision
Name and address of the applicant: LONE PINE DEVELOPMENT LLC
144 EAST SECOND STREET
WHITEFISH, MT 59937
T406-862-8561
. Name and address of eng eer# Schwarz Architecture & Engineering Inc.
100 Financial Drive, Suite #120
Kalispell, MT 59901
. Copy of the preim'dnary or final plat: Attached X , Number of parcels in the subdivision: 8 1.
. A copy of any applicable zoning ordinances M effect: Yes
. How construction of the sewage disposal and water supply system or extensions will be financed
(method of fmancing): Owner
6. Certification that the subdivision is within a jun'sdictional area that has adopted a growth ploy
or with a first-class or second-class mu icipa ty:
7. Copy of Groff Policy: On file Yes Attached:
. Location of the subdivision to the city or town, vicinity map attached: Yes X No
. Will the owner of the municipal facihties own, operate and rmintain the water supply, sewage
disposal, solid waste, and storms. waterfacilities? Yes X No
. Will all water and sewer maw or extensions as deed in §76-4-102, MCA, be under the control
and maintemnce of the certifying ucipaty Yes X N
11. Will an extension of the existing sever main(s) be necessary to see this subdivision?
Yes X No
12. Will an extension. of the exists water r a s he necessary to serve this subdivision?
Yes X No
13. Exclusion. CheekJst review fee, $75, included.- Yes X No
14. 1 certify that adequate mumcipal facilities for the supply of grater and disposal of sewage and
solid waste are available or will he provided within one year after notice of certification is
issued, and, I certify t oven body has reviewed and approved plans to ensure adequate
storm water dra.� e
UC;2�—
Name AS Title 14b,5 ;�r
Dept � U " �'t,1 0 A447�4
Send with the $75 review fee to:
City /`Z".j./4
MC?NTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU
PERMITTING AND COMPLIANCE DIVISION
PO BOX 200901
PLENA MT 59620
1 St Ave P.O. Box 1997 Kalispell, MT 59903 —
P - — Fax - E-Mail jyoung@ Kafispell.com
August 16, 2006
Johns Morrison
100 Financial Dr. Suite 12
Kalispell, IVIT 59901
Re: Lone Pine Trails
Dear Johna Morrison,
E tL VU6
This letter is to serve as approval on the landscaping pleas submitted for Lone
Pine Trails.
The developer has deposited a check in the amount of $49,650 with the City of
Kalispell to ever the cost of planting.124 boulevard trees, boulevard preparation,
ulev .:gee i'n':an ,t s i Within- Lone Pine Trails. The City Perks and
Recreation'' D a artme t. wi I I be replacing Green Ash with another tree selection
that was selected n "your boulevard tree list. It is understood that any and all
landscaping and amenities are required to meet the city standards.
We will work with you at a l a er date (when the majority of home construction is
finished and people are living in the subdivision) in regards to specifies on
boulevard tree planting locations.
It has been enjoyable working with you, if you have any concerns or questions
please give me a call.
Sincerely,
Jennifer Young,
Kalispell Parks and Recreation
cc Tom-Jentz, Kalispell Planning
is. Finance
..Deb.D
Mark.'Gr60ey, Construdi n. Manager
35 16t Ave E — P.O. Box 1997— Kalispell, MT
H 5- — Fax 75 - E-Mail Jyoung@ Kalispell.com
August 25, 2006
Jena Morrison
100 Financial Dr. Suite 120
Kalispell, MT 59901
Re: Lore Pine Trails
Dear Je na Morrison,
This letter is to serve as approval on the landscaping plans submitted for the
Lone Pine Trails Subdivision
The Parks and Recreation department t approves the buffers on the northern part
of the property and the southwest part of the property. As mentioned make sure
the buffer areas have irrigation systems in place. The department ent approves the
Parks and all the amenities. Again, as mentioned in the phone conversation the
park areas will need irrigation and the trail system reeds to consist of a hard
surface approved by the Parks and Recreation Department.
Final approval will be given upon completion, inspection and approval of the
landscaping, at which time bonding and/or letter of credit would be released if it Is
in place. It should be noted that the landscaping and amenities are under a
warranty period and the developer will be responsible fro replacement ent i
necessary.
If has been enjoyable working with you, if you have any concerns or questions
please give me a call.
Srcer ly,
� n n i er Y bn�:,.
Kalispell Parks and Recreation
. Tom Jent , Kalispell Planning
Deb Deist; Finance
Mark Crowley, Construction Manager
FLATHEAD -STATION
248 FIRST AVENUE WEST
KAL S ELL MT 59901
July 26, 2006
Planning Boar: Lonepine Estates
To Whom It May Concem:
REC E-1VED:fill'�
The above referenced project has been reviewed. A suitable lotion for mail delivery has been
established . Centralized bones have been installed with a turnout 10 feet wide and 20 feet long for the
carrier to service and leave these boxes. A turnaround with a radius of 50o feet vAll also be provided for the
safe return of our carrier to their lire of travel
The developer vAll be responsible for purchasing the CUs. The Developer or homeowners
individUally or collectively will be responsible to keep the roadway and area to the boxes clear of ice and
snow.
If you have any questions please feel free to call me at (406) 755-0187.
Sincerely yours:
Elden Marvel
Manager Customer Services
(406)-755-0187
FAr.(406Y755-0376
KALISPELL FIRE DEPARTMENT
Rand, Bfodehl - Fire Chief
Brent L Christopherson - Assistant ` ief[Pre io
Dan Diehl — Assistant Chief0perations
TO: SEAN CONRAD, SENIOR PLANNER
312 First Avenue East
Kalispell., Montane 59901
FAX- - 2
FROM: BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION
DATE: JULY 3 � 2006
SUBJECT: LONE PINE MEADOWS SUBDIVISION — FINAL PLAT APPROVAL
We have the following comments on the above project:
. Fire hydrant locations are approved by this department. Fire flows will need to
e checked/verified by this department prior to any combustible construction
to king p lace. The developer nee s:to- notify our office so that we can set u p an
appointment to check the above area hydrants.
2:. Provide aI1-weather driving surfaces and street:. -s ig ns prior to iss u ar ce of permits
for combustible construction. The all-weather driving surface requirement also
ice: the private or access roads.
Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or roved into or within the
jurisdiction. The fire apparatus access road shall extend to within 150 feet of all
portions of the facility and all portions of the exterior walls of the first story of the
building as measured by an approved route around the exterior of the building or
facility. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet, except for approved security gates, and an unobstructed vertical
clearance of not less than 13 feet 6 inches. Fire apparatus access roads shall be
designed and maintained to support the imposed loads of fire apparatus and
shall be surfaced so as to provide all-weather driving capabilities. Dead-end fire
apparatus access roads in excess of 150 feet: in length shall be provided with an
approved area for turning around fire apparatus. Fire apparatus access roads 20
to 26 feet wide shall be posted on both sides as a fire lane. Fire apparatus
access roads more than 26 feet wide to 32 feet wide shall be posted on one side
of the road as a fire lane.
3. Private or access roads must also. be assigned a street name. Please contact
Fred, Zaa o ny. in--'Kal'tspell Public works for assistance if needed at 758-7725.
ie' se contact re if you have any questions. I can be 'reached at 758-7763.
c* . Johna -M rrison, Schwarz Engineering and Architecture
"Assisting our eommunity in reducing, preventing, and mitigating emergencies. "
CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA, the undersigned, FIRST INTERSTATE BANK,
Beneficiary as recorded September , 2005 as Instrument No. 200524911240,and
modification recorded April 11, 2006 with instrument No. 200610116030 Flathead
County, Montana, hereby consent to platting and dedication of land included in the plat
f LONE PINE TRAILS.
IN WITNESS THEREOF, said parties have caused their names to be subscribed
thereto, on this �day of zCaL'--":L4 2006.
FIRST INTERSTATE BANK
TITLE: n/
STATE OF MC?NTANA}
County of Flathead)
..max
a
This in tr rn t wasacknowledged before on{ 9 2006
y , t z� A- of First Interstate Bank.
------------------------------- -
Printed
name r
Notary Public for the State of
Fidin
//0//,. evil
t - =�
My Commission expires.v ��
NOTARY PURL ,,JAkA
" 0:
SEA 1,
MY \ Comm, ims � ��
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 5990
(406) 758-5 514
This Form is for Subdivisions Condominiums Only
MARQUARDT
FOR: LONE PINE E DATE. l /2006
DESCP: LONE PINE ESTATES PURPOSE. PLAT
(TR 3 EAR 3FEB, 3FEC, 3FED, 3 E, 3HAA,
3FEF, 3�P* HE IN 13- -21.
hereby certify that there are no outstanding takes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.,.-.-�
{ I ff(
AUG 0 3
2006 �
Deputy Treasurer .
(seal)
--U-- --i-c-I-P-EN-C Ld�� Subdivi�ion Plat of
pvapos-
DATE J01,Y29.ZU0,b LONE PINE TRAILS
SW 1/4 of the SE 1/4. Section 13, T28N R21W, P.M., M.
J Flathead County, Montana Mailbox Ave,
10' WME BUFFER ZOr�E
K cc', 3-0 �r
5' 12� S� 1-, 14 L C - - - - - - -- - - -
F- - - - - - - - - -
, Lq- I -0s 2 9 VVID �I,Er
Lot 10A ParK A A
Lot 9A 7' ot 4A Lot 3A
Lot SA 18, 'i
1,5 ACCE;5 LITILI�.
Lot IIA 0.120 AC L" 0-13� A,
1:41',,4�0303 AI:.' I 4� 1, 0.372 Ac V.�Dj Ac,' Lot 1
31 l 7A
OA3D A- 1,
5 L 'jq 10, 0 T AC.' 0.151 A,.'
2 '1 13 55
EL P, .1 S5 ".7
t IOU Lot 6A
Lot I! L t . '
Lo'
Lot '!
0.1,11 Ac,* Lot
Lot 8!
().105 Ac Lot SID A,.' Lot 5 E��jj Lot 38
Lot AC�El
Lot LanmcapI�Sir
U. I I I A! 0 119 A S I N, LIT, 77 ACL' Lot 2B
NIC1111 I I I ILI 4 1 140
J_ 4B .0213
.7
N7 j 85 -T
Lot 2A 2� WME 1. 0�� Ac IA111111
0.158 k,' ACtE5F & UTILM j
OJ07 A,,'� r-FME.T C6
20 WIDE SHAREV�-C,,' I -C -
:E5S live 3 Lot 5B 5 UT; I -
to t 6B , I
Lot 12B C's 60, 0 OZ.' A� 37 ��Lot 26A
01-11�1 f 50T%-26B
154 A-1 1R- C17-1 .�0
16 ',C16 11.116
0"'�A S2
-U-
20B C41 'AC-5 � -LL7P,
EASE
Parl Access L��JH A,
0,181 Ac. -EA5EWNT Lot 19A erLfi �S " , 111�
Lot 25A
I A,' a Lot 21 R Lin,
�-Jjos
j-w 'C; Lot 25B T06
66! Lot 20 Lot 2dS
'C 0.154 Ac'
0134 A:.. C.
Lot 13A IN, Lot 22B Lot 278
AC-" LDt23R l 21A r
Lot 138 e Ac��
Lot 21A 2-w UJ23 As�
T
UA30 As 132 A 4, L= F
z S,, aL
In Lot 22A
L611 'E 11 1 . ;; ' """' -
!7 t I SA 0,132 Ac.-
Lot Is lot 23A p
$--ED -3 L, 6,16 A 91 AIL.
ACCUS& 0A47 A�� Park R z
1 U`UL17Y S�' -
Lot 14A Lot 1413 ""'6 7 DO'. 91 2.376 Ac. I -r
Z 0.150 A�' 1 Z> park C
21 v uTlun
C19 -�"CL "Lk 7�' 0.�IIE!Ac
4 a-WDES A AR7, EMEMENT
UTILF� a'
U!17�2'4a'E 44.4C 3760 6.
53 Lot 17A 11 Lot 55
0.172 Ac.' 0.245 A�
Lot 15A S cl 9.0
0,184 Ac.* C2, Lot 49
0.137 Lot 44 0,220 A0 Lot 50
17B Lot 43 0.265 Ac� 0.246 AC
STIARED 0 264 A�
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LONE PINE TRAILS
DESIGN GNUS
CONDITIONS, COVENANTS AND RESTRICTIONS
DECLARATION F DESIGN GUIDELINES, CONDITIONS, COVENANTS
AND RESTRICTIONS
LONE PINE TRAILS
........ _....................-............... ...--................ ..
Lone Pine Trails 812912006
Design Guidelines, Conditions, Covenants and Restrictions
THIS DECLARATION, made this ...�... day o , 2005, by the
undersigned, LONE PINE DEVELOPMENT LLCJ 44 EAST SECOND STREET,WHITE IS ,
MT 59937, hereinafter referred to as "Declarant".
WHEREAS,, the undersigned is the owner of certain real property known as LONE
PINE TRAILS, according to the recorded plat thereof on file and of record in the
Office of the clerk and Recorder of Flathead county, Montana, and whereas
the undersigned is desirous of subjecting the real property to the conditions,
covenants and restrictions hereinafter set forth, each and all of which is and are
for the benefit of said property and for each owner thereof, and shall inure to the
benefit of and pass with said property and each and every parcel fhereof, and
shall apply to and bird the successors in merest and any owners thereof;
Nov, THEREFORE,
LONE PINE DEVELOPMENT LLc, being the owner of all the real property known as
LONE PINE TRAILS, according to the plot thereof on file and of record in the
Office of the clerk and Recorder of Flathead county. Montana, hereby declares
that the said real property is, and shall be held, transferred, sold and conveyed,
subject to the design guidelines, conditions,. covenants, and restrictions
hereinafter set forth.
The design guidelines, conditions, covenants and restrictions, hereinafter set forth
are designed to provide o uniform plan for the development of the whole of said
subdivision.
All persons or cor ora ions who now or shall hereafter acquire any interest in and
to the above described property shall be taken and held to agree and
covenant with the owner of the lots in said subdivision and with their heirs,
successors and assigns, to conform to and observe the following conditions,,
covencinfs and restrictions as to the use thereof and as to the construction o
dwellings and improvements ents thereon.
LONE PINE TRAILS is located in a residential area approximately 1 2 rile
so th est of the intersection of goys Lake Road and 7thAvenue West in Kalispell,
Montana. LONE PINE TRAILS consists of single family residences & townhouses
with each residence situated on its own dee a le lot. All lots shall own their
proportionate share of the common open space, which will be 1 share. LONE
PINE TRAILS is close to area schools and businesses, while at the some time
providing a sense of privacy and neighborhood. Residents have backyard
access to Lone Pine State Park's biking and hiking trails and are minutes to away
from Foyes Lake. LONE PINE TRAILS is a town and country community, offering
the best of both lifestyles. The schools in this neighborhood are well respected for
academia and the facilities are in the process of expanding. The Kalispell area is
Lone Fine Trails 812912006
Design Guidelines, Conditions, Covenants and Restrictions
rapidly developing, both residentially and commercially, with numerous
businesses establishing new stores.
Lot purchasers rust hold the lot for a minimum of twelve 12 months s before
resale, unless the purchaser builds on the lot and offers both the building and lot
for sale,
2.0 overview
Design Guidelines are standards which, when followed, contribute to the highest
quality of design. The quality of design is to be measured by the sense of fit
within each building site and the community. Buildings are to relate to the lard*
step wlfh the natural grades and harmonize with the character of the
surrounding landscape. Applied wifh reasonable artistic license, attenf on to
detail in design and construction will create atmosphere and protect the
integrity and value of each investment.
Each Owner is responsible for complying with and meeting the spirit and intent of
the criteria of the Design Guidelines, Conditions. Covenants, and Restrictions.
These Include, in particular, your lot'Building Envelope, the sifeiig design
elements and the construction procedures.
Written approval by the Design Review Board R is required before any
construction is started.
3.0 LONE PINE TRAILS Home Owners Association
The Declarant shall create an organization consisting of all lot owners to be
called the LONE PINE TRAILS Home Owners Association LPTHOA ,
The LONE PINE TRAILS Home Owners Association shall be formed at a time to be
designated by the Declarant, but no later than when 5 of the lots have
occupied structures, and shall consist of the owners of each lot of LONE PINE
TRAILS. The owner or owners of each lot shall be entitled to a single vote in the
Association.
The LP ' oA shall be responsible for the care and maintenance of the common
properties and each homeowner's use of the common properties will be
governed by such rules as adopted by the Association. For the purposes of
maintaining ring and caring for these common properties, the Board of Directors may
rake reasonable annual assessments to the owners of lots and such assessment
may be collected in a suit subject to the provisions stated below for enforcement
of covenants and may become a ilea upon the land by a filing by the Board of
Directors of a lien which shall describe the lot, state the amount of the
assessment that has not been paid, and when it was assessed. A lot owner
whose lot is subject to such a lien must pay the assessment, costs for preparation
of the ilea and the ilea release, and all recording costs before the lien is released.
,done Pine .Trails 812912006
r ,design Guidelines, Conditions, Covenants and Restrictions
This tier may also be foreclosed in the manner of foreclosure for mortgages with
the prevailing party entitled to attorney fees. Common properties as used herein
shall include designated parkland.
Lot owners are encouraged to remain active members of this Association. Each
lot owner is a member of the Association by virtue of his acquisition of the lot and
their portion of the open space ownership.
To nor e lot owners are responsible for the core, maintenance and snow
removal of their own shared driveways through shared maintenance
ntenance
agreements is in the sales development agreement, on each shared driveway.
No monies will be assessed through the homeowners association for their care
and maintenance, unless a sure is agreed upon and paid by only those town
homes that use shared driveways.
4,0 Design Review Board
The Design Review Board (DRB) shall consist of the Declarant, a technical
representative, and a lot owner within LONE PINE TRAILS. The Declarant shall
serve as the president of the Board, and the lot owner shall serve as an at -large
member of the Board. All three members shall have equal voice and voting on
any action by the Board. The technical advisor shall only be consulted when
requested by the president.
The Declarant may serge as a member er of the DRB until 7 % of the lots have
occupied structures. At any time prior, the Declarant may withdraw from the
DRB by written request to the Homeowners ners Association. If this occurs, or after
75% of the lots have occupied structures, the president of the Homeowners
wner
Association shall appoint a lot owner within LONE PINE TRAILS to serge as the
president of the DRB. Successors to the DRB shall serge 2-year terms and shall be
replaced by appointment by the president of the Homeowners Association.
The technical representative shall be a representative of Schwarz Architecture
Engineering,, Inc, until 75 of the lots have occupied structures. The
representative may withdraw from membership by written request to the
president of the DRB at any time. If the representative of Schwarz Architecture
Engineering, Inc. withdraws from the DRB,, or the president of the DRB gooses to
replace the technical representative, the president shall appoint a technical
representative. The technical representative shall be an engineer or architect
licensed to practice in the state of Montana. The technical representative is not
required to own property in LONE PINE TRAILS. The technical representative shall
e compensated at normal billing rates for all activities performed while serving
as a member of the DRB.
The president and at -larger member of the DRB may review projects without input
from the technical representative if they agree on the decision forwarded by the
DRB.
Lone ,dine Trails 812912006
Design Guidelines, Conditions, Covenants and Restrictions
The lot owners, LPTHOA, and DRB shall defend, n emni y and hold the members
ers
of the DRB, their employees, and agents harmless from and against any and all
claims, er ands, causes of action, losses, damages, and settlements, which
may be asserted gai the members er of the DRB arising from or attributable to
or caused directly or indirectly by the lot owners, LPTHOA, DRB members ers and
officials, employees or agents; or any negligent or intentional act, omission or
misrepresentation y the lot owners,, LPTHOA,, DRB members and officials,
employees or agents. If its necessary for purposes of resisting, adjusting,
compromising, settling, or defending any claim, demand, cause of action,, loss
damage, or liability, or of enforcing this provision, for members of the DRB to incur
or to pay any expense or cost, including attorney fees or court costs, the lot
owners, L THOA, and DRB agree to and shall reimburse the DRB members ers within
reasonable time. Lot owners, LPTHOA, and DRB agree to and shall give
members ers of the L T oA notice of any claim, demand,
cause of action, loss damage or liability within tern 10calendar days.
5.0 The Process
The Design Review Board has been established to ensure that development en in
LONE PINE TRAILS conforms o the Design Guidelines. The R 's objective is to
encourage rage good stewardship of the lard and sensitive architectural expression
that reflect high quality and attention to detail.
The DRB is responsible for reviewing and approving all development within LONE
PINE 'RAILS; from concept to completion. This includes, but is not Brie to:
All new building & site development.
Any proposed revisions to previously approved plans, prior to or during
construction.
Any renovation, expansion or refinishing of the exterior of a new structure.
• Any proposed revisions to building envelopes.
The DRB process has been designed to encourage dialogue with owners and
their design team eddy in the evolution of their plans. The process is intended to
e constructive, not adversarial or unnecessarily restrictive.
As owner, you shall ensure your de elo r enf team complies with fhe following
general requirements ents and Design Review Process; thus ass ring LONE PINE TRAILS
of your commif ment to respecting the community within which you are building.
Design, by a qualified architect or residential designer, with engineering
input geotec n cal, structural, mechanical, civil...) and landscape
architecture as required. . is to respect the design framework. The use o
residential designer shall be subject to approval by the DRB.
Lone .dine Trails 812912006
Design Guidelines, Conditions, Covenants and Restrictions
A design coordination/review process has been established to enable the
Owner/Builder to work with, and understand the intent of the Design Guidelines.
This process includes:
0 Pre -Design Meeting (optional);
0 conceptual Development Plan Submission/Review;
Concept Endorsement Approval (letter);
• Detail Design Final Submission/Review;
+ Endorsement Approval (letter) for Building Permit Application;
• Final Inspecflon - Final Accepfance certificate FAc
This process is outlined in more detail as follows:
5.1.0 Design Coordin atio' Review Process
.1.1 Preliminary Consultation(as required to confirm the process and tentative
schedule)
1.2 Submit the Design Review Application Form to initiate the design review
process:
This includes submission of a (non-refundable) Plan & Check/Application
Fee of $250.00 and a Builder's Deposit of $1000.00.. The Builder's Deposit
will be held until a Final Acceptance certificate is issued. In the event that
the Builder or any one of his agents should violate the Declaration or the
Design guidelines and it becomes necessary for the DRB to remedy the
violation, the cost of the remedy may be charged directly to the
owner/builder. Upon issuance of the FA , the Builder's Deposit (minus
above costs, if any) will be refunded.
The amount of f he Plan check fee/Application Fee and/or the Builder's
Deposit is subject to charge at the discretion of the DRB.
5.1.3 Prepare a site surrey, based upon conceptual information provided by
LONE PINE TRAILS, including a lot location b ilding envelope fan i
relation to the subdivision plan) and a grade slip. 'articular site -specific
development issues for your consideration will be clearly mapped on this
E plan. These may include, but are not limited to. the designated
natural areas , suggested access locations s , existing contours, natural
features., significant trees, irrigation limits as well as existing and proposed
deep and shallow utilities. The accurate site survey data, prepared by a
lard surveyor* registered in the State of Montana; will confirm existing site
and legal conditions andis to be used as the base plan for conceptual
and detail design. it can be directly applied to a subsequent survey Plot
Plan and the Real Property Report R'R.
Lone Pine Trails 812912006
Design Guidelines, Conditions, Covenants and es r ict ons
5.1.4 A familiarization Pre -Design Meeting is suggested on site to review the site
factors mapped relative to the actual site conditions. For this meeting{ it is
suggested that you prepare preliminary development Concept Sketches.
This will enable the review of initial ideas relative to the actual site
conditions. Review at this stage of the design process typically confirms
that the proposed development will comply with the particular site criteria
and helps direct the final concept and detail design efforts.
5,2 Conceptual Development Plan Review is required to confirm the design
incorporates all site requirements relative to the lot location/building
envelope plan. It will assist to clarify the infe t & application of the Design
G l e roes, review/approval process, development procedures are
scheduling. cling. The Owner/Architect is suggested to provide preliminary lot
development concepts relative to:
• The overall Subdivision Plan
• Grad e/drainage patterns
0 Existing vegetation (tree} shrub & ground cover)
• Aspect/orientation wind exposure; viewing opportunities
• Unique features - opportunities or constraints
The DRB will provide a ieffer of en orser enf to proceed.
.3 Final Design - Submit 3 Sets of Construction Drawings & Support
Documentation, including but not limited to:
Plot Plan(Survey)f=20 T
! Site Plan 0 11,1 1-11
i
0 Roof Plan and Floor Plans no less than / 11 f - )
• Exterior Elevations Min, @ no less than 1 "= -01f ►
0 Sections @ no less than "1 '-0") through site & building from
side PL to side PL and from rear PL fo front road CL 2 Miry.);
0 Landscape Plan @ no less than "_ V_ ,l including natural
preservation/protection areas, sife grading/contours; retaining wall
locations s , r aterial s and ecfion(s): proposed pia frog . n
landscape restoration plan and material index; surface freatment;
site furnishings and landscape str cf res; & and Irrigation Plan to
suit the site;
Drainage/Storm water Management Plan (may be illusfrafed on
the Landscape Plan): with interim erosion control measures,
proposed flow patterns and run-off control details;
Construction Limits Plan: defining a temporary construction fence
location with consideration for construction access, stockpile areas,
portable toilet, garbage biro and landscape restoration access;
Exterior Lighting and Signage Plan: includes fixture schedule with
catalogue clips for site and building exterior lighting fixtures and
street identification;
Lone Pine Trails 812912006
Design Guidelines, Conditions, Covenants and Restrictions
Color board (8.5 1 x I I " : proposed exterior colors as applied to
proposed rater'als for all exterior finishes:
construction schedule;
Notarized copy of special easements including legal description,
for example: common driveway fas required), public R/ or
public open space amenity.
5.3.1 Site Review of pre -staked development location, proposed construction
and possible stockpile areas, existing and proposed landscape; discussion
of issues/concerns.
53.2 Design Approval in writing) for Building Permit Application (city of
Kalispell) with DRB approved drawings.
. .3 Start-up Site Meeting & Construction Inspection (schedule at least a
minimum of 2 inspections).
5.3.4 Construction Completion of the building, all site work and open space
amenities as defined in the development agreement, by a qualified
builder, is required typically within 12 months of commencement, cement, unless
otherwise negotiated. Completion in these guidelines means the
completion of interior as approved for occupancy y the City of Kalispell)
and the complete exterior of the development including all hard and soft
landscaped areas. There will be a final inspection held at the request of
the builder. It will identity any deficiencies relative to the DRB approval
and initiate a construction completion certificate (CCC); and it
applicable* a warranty period for common or public areas (typically a
one year warranty).
5.3,,E A Final Acceptance Certificate F c) will be issued following a final
inspection clearly indicating all work and deficiencies are completed in
accordance with the approved plans' specifications, Development
Agreement comm4ments, and warranty issues. A Real Report with
Permission to occupy or Development Completion certificate CC
inspection by the city of Kalispell will be requested to confirm
compliance.
5.3.6 Refund of Deposit (less costs) .
'Design Guidelines, Conditions., Covenants and Restrictions
6.0 Site Planning Guidelines
In general, site planning of your residential lot will be largely influenced by
a focus on the preservation of any existing tree growth and the
topography of your lot. your lot will have a defined Building Envelope
shown on the Lot Location/Building Envelope Plan provided by LONE PINE
TRAIL LPT .
6.1 Lot Location/Building Envelope Plan & Grade Slip: BE will provide a Lot
.oca l n/Building Envelope Plan at 1 "=20'_ " Mustrafing' the lot property
lines, legal corner notes, adjacent lots, road right-of-way, and suggested
driveway iodation. Existing specimen trees and groupings will e
generally identified. Although f is Lot Location Plan provided by L E is
based upon some on -site survey, it is not warranted s to its absolute
accuracy, It i's the Owner's responsibility ensure that their plan fits
amongst specimen frees and signMcant natural features.
A Grade Slip is provided for establishing an appropriate building location
relative to: existing corner grades, existing utility drops, suggested front
race and top of footing graces. Your site design will confirm driveway
location, servicing tee connections, power boxes and street light
ter,
.2 The Building Envelope is the only portion of each lot within which all
improvements and construction activities of any kind can occur. Your B
has been identified for your lot based on the natural features of the lot, its
views, topography, setback requirements as specifically defined on your
Lot Location Plan. It considers the relationship to adjacent building
envelopes and the elements of the open Space Plan. The building
design and construction shall recognize that the i i _qe oo is
defined as the maximum limit of disturbance. ,...._...,::,..,::
6.3 Building Umlfs or the exterior galls of f he building a nd fo n ation are to
e designed to meet all setbacks established for the applicable zoning.
Lot Grading and Drainage are responsibilities of the Owner/Builder.
Lot Grading is to generally follow the natural slope of the land. Slope
adaptive development design, with a minimal al grading requirement is a
part of quality design. Specific storm water management requirements
may be defined for your lot, as outlined on your Lot Location/Building
.envelope Plan or Grade Slip. These are to be accounted for in your
grading design and may require storm water to be maintained on your
site. All grading is to be limited to within your designated Building
Envelope.
Lone Pine ra81'2912006
'Design Guidelines, Conditions, Covenants and Restrictions
Typically, natural drainage patterns and flow should not be obstructed.
Your development and other improvements should be sited to avoid
drainage courses. This includes channeling or concentrating overland
loos. If there is no realistic alternative, DRB approval may be requested
to enable natural appearing s ales with a minimum slope of 2% that
disperse runoff in a natural fashion.
Surface runoff during, or as a result of construction, will require special
precautions for flow and erosion control, such as straw bales ardor
securely anchored filter cloth curtains. These must be removed as
construction is completed and landscape development occurs.
Drainage leaving the site before, during and after the construction should
e free of suspended solids and appear to be natural.
6,5 Driveways/access goads may be considered individually or in common
with a suitable adjacent lot and owner. As defined in your
SaleslDevelopment Agreement, you may be required to provide a
Shared Access Agreement if undertaking to incorporate a common
driveway or amenity. Lots with less than 50 feet of frontage shall share a
driveway approach with an adjacent lot. The location must consider safe
road design, in particular relative to intersections, vehicle stacking and
natural landscape impact on safe driver site lines.
Driveway approaches shall have an approach width not to exceed 22
feet, except shared approaches may be a maximum width of 28 feet.
riveway widths rust be 20 feet, except shared driveways may be a
maximum width of 26 feet. Approaches that eater the adjacent street on
a curve possessing a street centerline radius of less than Zoo feet shall not
e closer than 50 feet to the next adjacent approach.
The owner is responsible to maintain the natural lot and road right-of-way
drainage. culvert installation, with appropriate end treatment ent or provision
of a suitable swale in the driveway surface along the boulevard, may be
required as part of you access development.
Driveways are to be surfaced with texture to complement ent the
development. concrete paving store with subtle color or crushed store
screenings are permitted surface treatments. If constructed with
concrete, driveways shall be adequately reinforced concrete.
6.6 Pathwaysalso are to be surfaced with texture to complement ent the
development.
er t.
6,7 Site Services, utility Boxes and Building Mechanical Equipment
requirements and locations are to be planned from the initial conceptual
design.
Lone Pine Trails 812912006
'Design Guidelines, Conditions, Covenants and Restrictions
6.8 Garner Lots require a high degree of site understanding and detail to be
considered ere rir g the planning and design. Typically at LONE PINE TRAILS,
all sides of residence require design detailing to meet the g idefines,
however with corner lots* DRB considers each frontage as a front yard
application; front yard guidelines relative to articulation and setback
apply to each street front.
7.0 Building Design Guidelines
The building design guidelines are to assist you in realizing an architecture
that belongs in LONE PINE TRAILS. The general intent is to achieve a
successful design integration of building into the landscape. This may be
accomplished through sensitive massing,, form, scale, design modules,
fenestration, selection of materials and colors. There will be a focus on
strong roof fora, wall, base and a.11 elevation images. These design
principles will apply to all structures. Good design is also being a good
neighbor in the planning and architecture of your development.
The building fora and mass is to respond and conform to the existing
grace and site conditions. Architectural elements applied to the building
may be extended to structures in the landscape (balcony roofs, screen
panels, lighting, furnishings, etc.). Effective energy and resource
conservation is an important design consideration.
7.1 Building Size: Each dwelling unit shall contain not less than 1,400 square
feet of total living space for a one story home; exclusive of attached
garage, basement and open porches. A two-story unit shall contain no
less than 1,200 square feet on its main floor{ exclusive of garage. Each
single family unit shall include an attached garage with a minimum
dimension of 2 ' wide x 2 'sleep.
Each Townhome unit shall contain not less than 1,o o square feet for a
ore -story o n orne, exclusive of garage. Not less than Boo square feet
on main level for a two-story Townhome,. exclusive of garage. oe
ownome shall include are attached garage with a minimum depth of
24,
7.2 Building foundation This area has a tendency for high groundwater. It is
strongly recommended that all dwelling units be placed on an at grade
monolithic slab. If the homeowner chooses to have a crawl space} a
sump pump shall be placed in the crawl space and foundation drains
shall be placed under the building footings. See illustrations below.
,done Pine Trails 812912006
'Design Guidelines, Conditions, Covenants and Restrictions
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Lone Pine Trails 812912006
."Design Guidelines, Conditions, Covenants and .Restrictions
,3 Building Wall Articulation will provide proportionate variations in the plan
and elevation of your building. It will provide orizonfal and vertical breaks
in the wall planes, including balconies and establish a rhythm of openings
between solids and voids in f e facade fro gh design and proportion.
Front and Rear Elevations are to be articulated with material and relief.
Building walls In plan exceeding 26 feet in length should have an offset o
at least 2 feet prior to continuing. variations in setbacks, in both plan and
elevation, may be required.
7.4 BuildingHeights should take advantage of the view opporfunifies, while at
the sane f1 e be sensitive fo ad acenf development, the land slope and
tree growth. Maximum building heights are measured re in accordance
with applicable zoning.
.5 Roof Shape & character is important fo avoid vertical monotony. The use
of porch or balcony roofs and dormers of all sizes contributes to the
human scale. This is encouraged rage to provide a texture and an apparent
reduction of the bullf mass.
All roots shall be of a material, texture and color approved by the DRB
and must be of a minimum 5/12 pitch with minimum 24" overhangs.
Dormers and other roof projections may be permitted at a lower roof
pitch as long as overall appearance of the structure is not compromised
in the o lon on of the DRB. The overall appearance of the residence will be
an important consideration. overhead screens, shade covers, patio roofs
and other similar structures shall be constructed of materials and colors t
match the main roof. All vents and other roof penetrations and
projections shall be colored to match the finished roof material color. No
mechanical arnica equipment of any kind will be permitted on roofs.
Roof ri gelines shall be an important consideration during the design
review process. Pitched roof lines may not exceed more fan 40 feet in
any direction without a horizontal and vertical break of at least 2', or a
vertical change of direction. The overall roof structure must be
compatible with the overall character of the neighborhood and the
neighboring structures*
Roof fascia shall be of a " minimum width.
7.6 Screen walls enclosing or screening patios and courtyards rust be within
the Building Envelope. Their design shall be treated as an extension of the
building architecture, constructed of materials and finishes that match or
complement the main building. consider discontinuous in appearance.
Lae .dine Trails 812912006
'Design i el e , Conditions, Covenants and Restrictions
not over 13 feet in a single lire or panel and 5 feet maximum in height.
Partial roof, trellis, and/or arbor features may be considered.
7.7 Finishing for the various building faces, walls and roofs rust adhere o the
following notes:
. Nora -reflective materials are to be used, including non -reflective
glafi g.
B. Color selections are intended to enable the LONE PINE TRAILS
community, when viewed from the adjacent lands, to merge
within its natural setting, In order to achieve this objective, colors
are to be in earth related tones, ranging from weathered
driftwood o very light gray) through to mocha brown, ern, o rich
earthy brown). The use of blue, forest green and related tones
may be allowed In certain shades.
C. Meter*ls for roofs may e sculpted architectural asphalt, flat
concrete or fiber -cetera tile, slate or other cut stone only.
D. All exterior building materials rust be approved by the DRB. The
acceptable siding, fascia* soffit and exterior trim materials shall
e wood i.e. cedar), engineered wood products i.e. LP siding
or asoni e * or concrete filer lap siding i.e. hard plonk).
Colored stucco may be incorporated for small areas as an
accent. Stucco colors need to be deeply toned rich warm
grays, greens or browns. Light or soft reflective tones are not
acceptable.
E. Masonry- the use of masonry veneer is encouraged. raged. Store
masonry, being reflective of the surrounding natural
environment is preferred over brick masonry,
The following criteriac(iteria shall apply to masonry use:
Faux or natural store must conform to the natural shades
of the area.
2. Blending of faux tones and colors is encouraged to
capture the va(iation found a in natural store.
3. Brick rust be in muted shades with mottled faces. No
combed or raked surfaces are allowed.
Concrete block colors rust be in muted shades,
Lone Pine .Trails 1 1 6
'Design Guidelines, o ditions, Covenants and Restrictions
5, Masonry elements rust be integral to the architecture
and not merely an applied feature.
. Masonry shall wrap masses in the entirety,
. Applied cut store tiles are acceptable.
. Stone grout thickness shall be understated it proportion
to stone thickness, or not visible, as in the case of ledge
store applications. Large mortar joints or €` Free ing
r ortaC are not allowed.
F. Garage doors must be integrated with the design of the
residence in material, messing and color.
7.8 Exterior lighting is to be limited to the Building Envelope and the public
open space areas* Use low intensity -glare fixtures to provide
adequate Illumination iration for safety and aesthetic enhancement. ent. ncovere #
light fixtures or non -focused, non -downward lighting fixtures are not
permitted.
7.9 Building Accessories are those va(to s attributes that are part of the
atmosphere of each building. The following elements are often used and
the following suggestions are directed at how they may be used in LONE
PINE TRAILS.
A. Antennae are restricted to later*or attic applications only.
B. Satellite dishes may be used if discretely located on the
building, colored to match or blend with the relative exterior
finish and a m aim m 24" diameter. Screen with plantings
from adjacent street, neighboring property and walkway
views. Large ground mounted satellite dishes are prohibited.
C. Address i entffica is , applied to a landscape or integrated
architectural element is mandatory and suggested near the
road by the vehicle access driveway for delivery and
emergency response purposes.
D. Garbage must be contained rear the side or rear of each
residence in containers furnished by garbage disposal
services.
E. Recreational facilities such as hot tubs and swimming pools
may be considered and are to be developed totally within
the defined Building Envelope,
Lone Pine Trails 812912006
-'Design Guidelines, Conditions, Covenants and Restrictions
F. Out Buildings such as sauna or maintenance shed are to be
developed to coordinate with the architectural motif and
finish of the building. They are to be located within the
Building Envelope. Only one outbuilding is permitted on any
lot and shall not exceed 120 square feet in area nor 12 feet
in height. No outside storage is permitted including vehicles
parked for periods in excess of thirty consecutive days.
G. Mechanical Equipment such as air conditioning
compressors, cooling towers or rooftop units shall not be
visually exposed. Consideration should be given to
alternatives, e.g. GSHP's that do not require exterior
equipment placement or building wall penetration.
.10 Compliance with other regulations: It remains the responsibility of the
Owner/Builder to ensure that the construction of any buildings on the site
conforms with State, Torn or Municipal lags, regulations,by-laws or other
enactment's, and any encumbrances affecting the title to the property,
including, without limitation* utility rights -of -way,, easements and restrictive
covenants and all requirements outlined on the grade slip and Lot
Location Flan.
In addition to local regulations, the to nor e lots must comply with the
Planned Unit Development Approval for the development. This approval
states that setbacks for the townhouses accessed via an interior street
shall be measured from the edge of the roadway and shall be 20 feet in
the front and rear and five feet on the sides with the exception of the zero
lot lire required to achieve the townhouse configuration.
Landscape Design Guidelines
Residences should be designed to fit the existing topography of the
property without excessive manipulation of the site by cut or fill. changes
in the natural grade by cutting or tilling for structures, walks and dr*ve ays
rust be kept to a minimum to preserve the existing lan form.
General site and grading principles are as follows:
A. Finish grade: The finish grace around the residence and any
site galls should remains as close as possible to the original
natural grace.
B. Grading may be done outside the allowable site coverage
area for the driveway access and site drainage.
C. Screen walls, walls not supporting a building structure or
retaining earth, may not exceed four feet in height
measured from finish grade along the exterior side of the
Lone Pine Trails
Design Guidelines, Conditions, Covenants and Restrictions
enclosure, or six (6) feet if contained with the building
envelope.
D. Draining: During construction, and upon completion, all
areas within the lot shall be graced to drain to the street in
front of the lot.
.1 Landscape and brig l : A rough landscaping plan for each lot shall be
submitted to the DRB for approval pr*or to the commencement ent of
landscaping. A landscape plan no less than " = IV')should include
site grading/contours, retaining gall locations s and r terial s .
Landscaping of the entire lot shall be complete within 90 days of the
completion of construction.
In the case were Builders have purchased lots for resale, then the
builders shall be responsible to make sure that subsequent builders are
mace aware of the landscaping requirements. ents. Builders may either
provide the minimum required trees or provide an allowance to the
subsequent purchaser. If the builder does not coo either of the
aforementioned, #, then the builder is required to get an acknowledgment
from the purchaser acknowledging the purchaser's obligation for trees
and landscaping.
In the event that soil rust be imported or exported from the property, the
property owner will be responsible for this cast. Import soils scheduled le for
use as landscape topsoil may be subject to are agricultural soil analysis at
the discretion of the DRB.
The following building envelope landscape design criteria are provided to
enhance the definition of each home site. The primary coal is to protect
and maximize individual property values through the implementation of a
generous landscape design. These criteria must be followed to
successfully receive the approvals required by the DRB.
Drainage of individual properties must work with the existing topography
and be directed toward the natural open space or drainage swale
systems, developed in conjunction with the roadways.
The Front yardStreetscape zone is the area nearest to the neighborhood
street and is normally at the front of the property, on corner lots this zone
also extends down the side of the property parallel to the street.
Tree planting is encouraged as pert of your lot and development process.
They should be planted in loose groupings and be of the indigenous plant
material as noted in Appendix. Nora -native ornamental trees are not
permitted.
Lone Pine Trails .......................................................812912006
Design Guidelines, Conditions, Covenants and Restrictions
Areas that feature introduced landscaping such as grass, trees, shrubs
and or ground cover must utilize an irrigation system for watering during
dry months.
Landscape areas that require irrigation should conform to the following:
Buried PVC sprinkler system or the utilization of drip irrigation systems
are strongly encouraged but not required.
a S r*ru lers and nozzles selected to provide water to the landscape
that are compatible with their respective soils, slopes, exposure{
orientation and plant types.
0 No overthrowing of Irrigation water onto public roadways,
sidewalks, neighboring homes or trails is permitted.
8.2 Lawn Areas should be seeded or sodded with a r o a le seed mixture.
.3 Retaining Walls are to be designed and constructed so as to blend into
the natural landscape. They may take on a more natural appearance
through the use of native rock, timber and plant material* or perhaps
reflect the architecture presented through the building by incorporating
matching or complimentary material and detail. All such galls must be
constructed to meet the following requirements:
A. The exposed height of gall shall be typically a maximum imu of 3
feet. If additional height is required, a stepped construction
is recommended.
The configuration shall meander and blend with the natural
contour. Wall ends shall insert and terminate into the
landscape or abut into a building face.
C. Slope stability and design details are to be approved by the
DRB.
Fencing:
Residential walls and fences in "normal" conditions shall be a maximum of
four feet high as measured from an adjacent grace. Walls between
areas with an elevation difference of greater than t o feet will require
case -by -case approval by the DRB. closely spaced parallel walls will riot
e permitted. All spaces between walls shall be landscaped with the
appropriate material as outlined in these Design Guidelines and maintain
a minimum distance of ' . All fence material must be of a natural wood
material or natural wood looking material-- no metal, chain link or vinyl
fences are allowed.
Prior to the construction of any fence or wall.. plans indicating materials t
e used and location shall be submitted to the DRB for approval. Lot lines
Lone Pine Trails 812912006
.design Guidelines, Conditions, Covenants and Restrictions
and Building Envelope shall be verified by the Builder (or Owner) prior to
construction.
Any fences or walls install ed y the Developer wil I not be removed,
altered or painted without the DRB prior written approval.
Site Guidelines
The following guidelines shall be included in any construction and/or project
pions for any lot located within LONE PINE TRAILS. These guidelines shall be strictly
adhered to and shall be interpreted as the intent of these Design Guidelines,
Conditions,, covenants, and Restrictions.
9.1 Purpose, Use and Activities
A. No lot shall be used except for single-family residential purposes.
No lot shall be further subdivided.
C. No temporary building, house trailer, mobile home, basement or
portly finished building or structure shall be erected or placed
upon this property during construction. All construction shall be
complete within one year from the date construction begins.
ins.
All homes must be of a new construction. Factory built homes
are not allowed within the subdivision.
E. The parking or storage of campers, camping trailers, pick -
campers,, trucks over one -ton, boats, snowmobiles,, trailers or
unlicensed vehicles must be completely screened from public
vier.
E. No advertising, billboards or advertising structures of any kind
shall be erected, used or maintained on the property. No items
shall be displayed for sale on any portion of the property.
F. At the time of home construction, lot owner shall construct a
minimum to -car garage on the property unless a one -car
garage is approved by the DRB.
G. No manufacture, trade.. household business, vehicle repair shop
of any kind or commercial activity may be conducted on the
premises.
H. Fuel tanks above ground are not allowed.
1. All utilities shall be underground.
L on I e Pine Trails 812912006
'Design Guidelines, Conditions, Covenants are . str lion
J. No machinery, equipment or fixtures of any type, including but
not limited to, heating, cooling, air conditioning, refrigeration
equipment and clotheslines may be placed on any lot without
Prior approval by the DRB.
9.2 Pork Space (Recreational Area)
A. The use for the Park Space, mailbox area, and entry sign
area has been determined by the Declarant and may be
changed from time to time by the Board of Directors of the
Homeowners Association.
B. The maintenance of the Park Space, mailbox area and entry
sign area shall be provided at the expense of the LPTH A.
Any expenses incurred for such maintenance shall be
included as dues or assessments as the Board of Directors
shall determine,
C. Any Real Estate Taxes imposed by any agency having
jurisdiction upon the Park Space, or any other expenses
deemed ed appropriate by the Board of Directors shall be paid
y the LPTH A.
D. All land within the subdivision not platted in lots or public
right -of a and not part of the Non -Motorized Trail System
shall be managed in the following manner:
. Such lands shall be enrolled in a conservation
easement held by the city.
2. Developer shall provide a waiver of protest to create
a Special Improvement District to provide
maintenance for these areas.
3. Developer shall enter into a Maintenance Agreement
with the city. Such agreement shall prescribe that the
area and walk paths shall be maintained by the
Homeowner's Association in consultation with the city
Council or council designee.
. Such area shall be maintained using native species
commonly found therein prior to issuance o
preliminary plat.
5. Noxious weeds shall be controlled and eradicated.
. walking paths within the area may be maintained
using Park Maintenance District Funds and
maintenance may include snow removal.
Lone .dine Traits= 812912006
Design Guidelines, Conditions, Covenants nd Restrictions
9.3 AnImallsor Birds, and Pets
No animals, livestock or poultry of any kind shall be raised, bred or kept o
any lot, except that dogs, cats or other household pets may be kept,
provided that they are not kept, bred or maintained for any commercial
purpose. The number of dogs and cats residing on any lot shall not
exceed two in aggregate and rust be confined to their owner's property
and must be kept under their direct control. 10' x 10' x 6' Dog kennels,
runs, shall be allowed and chain link fence material may be used. All
household pets shall be kept inside during the right 10 pm to 7 are).
9.4 Removal of Waste,, Property Appearance and Upkeep
A. Noxious or offensive activity shall not be carried on upon any
lot, nor small anything be cone thereon which may be or
may become an annoyance to the neighborhood,
including barking dogs.
B. All structures upon the property shall be kept in good repair
and appearance.
C. No part of this property shall be used or maintained as a
dumping ground or storage ground for rubbish, trash,
garbage, old automobiles or other waste. All waste shall be
stored in containers furnished by garbage disposal services
and small be promptly removed from the property in a timely
manner.
D. gees shall not be removed from the property except for the
specific purpose of mouse, adjoining buildings, and access
road construction after approval by the DRB.
E. Property owners shall comply with a geed management
en
plan approved by the Flathead county Noxious Wee
Board.
0.0 Nuisances
No noxious or offensive activity shall be carried on or permitted upon any
of the lots, nor small anything be done thereon which may be or may
become are annoyance or nuisance to the neighborhood. Nor small the
remises be used in any way for any purpose which may endanger the
health or safety of, or unreasonably disturb the residents of any lot.
Outdoor barbecues are not considered nuisances under this section.
Motorcycles, snowmobiles or like vehicles needlessly driven in the above
described premises small be considered nuisances.
11.0 General Provisions
Lone Fine Trails 812912006
Design Guidelines, Conditions, Covenants and Restrictions
A. These covenants are to run with the lard, and shall be
inning or all parties, and all persons claiming under them,
for o period of thirty 3 years from the date these
covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of
tern 1 years, unless an instrument ent signed y a majority of
the owners of the lots has been recorded agreeing to
change said covenants in whole or in part.
B. The Grantor and every person hereinafter receiving any
right, title or interest in any tract in said property shall have
the right to prevent or stop violation of any of the said
restrictions by injunction or other lawful procedure, in lair or
in equity, against the person or persons violating or
threatening to violate these restrictive covenants. Any
person who shall prosecute an action successfully may
recover any damages resulting from such violation, and it i
expressly understood by any persons purchasing this
property that, if an action is successfully brought against him
for a violation of these covenants, that a reasonable
attorney's fee shall be assessed against hire in addition to
any other damages.
C. Invalidation of any one of these covenants by judgment or
court order shall it no way affect any of the other provisions,
which shall remain in full force and effect.
D. These covenants may be altered or additions made thereto
with the ritten consent of the owners of at least eighty
percent 0 of the lots y number) or the owners of lots
agreeing thereto, by written amendment, acknowledged
y signature and filed with the office of the county Clerk
and Recorder of Flathead County, Montana, The LONE FINE
TRAILS Homeowners Association shall be entitled to enforce
these regulations as if it were a lot owner and be, upon
prevailing, entitled to attorney fees. Any amendment ent is to
e deemed effective thirty 3 days after recording or filing.
The revised Declaration of Covenants so approved will be
the governing document regarding said covenants and all
previous Declaration of Covenants will have no force or
effect.
12.0 Enforcement
"Before legal proceedings are commenced, the LPTHOA or DRB intending
to enforce the covenants shall notify the lot owner violating any covenant
in writing specifying the failure and demanding that it be remedied within
Lone Pine Trails 812912006
'Design Guidelines, Conditions, Covenants and Restrictions
a period of thirty 3 clays of the date of the notice. If fhe owner fails or
refuses to remedy y the violation wlfhin said 30 days, then the LPTHOA or
DRB shall have the righf to undertake any and all action fhat they in their
sole discretion deers necessary and reasonable under the circumstances
in order fo terminate or correct the act or condition which violates the
covenants, including obtaining legal or equitable relief including
injunctions or orders and/or e to ng upon the premises for the purposes o
removing any non -complying improvements, nuisance, garbage or
vehicle. No entry upon a lot by the DRB, the Board of Directors, or its
agent for proses of enforcing these covenants shall be deemed a civil
or criminal trespass."
13,0 General requirements during construction activities
Any new construction'in this development shall conform to thefollowing:
Hours of construction shall be from :00 a.m. to 7:00 p.m. Monday through
Saturday.
Best management practices shall be implemented on the construction
site for erosion control.
A Aorta -potty shall be on site during construction.
All waste and leftover building materials shall be picked up from the site
daily.
All sidewalks and roadways shall be repaired to on i al condition i
damaged during construction, prior to occupancy.
• During construction and landscaping, all dirt, grass and rocks shall be
picked up off neighboring yards, streets and sidewalks daily.
Any vegetation on the lot shall be maintained during construction.
vehicle tracking pack shall be installed prior to any construction on the
lots (See figure below) .
-
Lone Pine ''rail 00
.design Guidelines, Conditions, Covenants and Restrictions
person(s) whos nam s s is r subscribed the v� it Instrument, and
acknowledged me that he/they executed the same.
IN WITNESS WHEREOF, have hereunto set ray hand and affixedmy Notary
Seal the day
above written -
Notary Public r the State MontanaResiding at�"
812912006
o Pine . Trails
'Design Guidelines, Conditions, Covenants and Restrictions
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above ite.
STATE OF MONTANAj
} Ss
County of Flathead )
On t �� of . �. � Zoo} before m . t e
y
undersigned, a Notary for the State of Montana, personally
a P P ea re :5�-, � ._ � ���, known to me to be the
T.n e Pine Traits 812912006
'Design Guidelines, Conditions, Covenants and Resirictions
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Al
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T"Iship z 15 Z,'Z VV
%r brw 1=ig a period Is the permit desired,; P rob�"�46:� 4 e.
0
7o Remarks: 1: il
W/tAl.- ISAElpt &I MWE_ I
P
E&KP, . .. . .. ....... P ...... . ..... 0M.N.W!
I
ftxmi ttee may be requ I red as out I i ned in LbI I cy Soc�: 4 et, to obtalo borAizig in bO tb
.9 it) for M4urwwe of comtruction Wlathead amity Road Pwpulmmt "or" appcanU
repalre al so to pay 4pw--% recording too It. re iradlv
Ka
40 1 ;Ope pt —wpm
A,FP1 icat IM Fbe: ChW* W) 4 6 X R_
-.#
blaw Of Surelty
OP
T'w of Surety. I U041 qw"wMwFft ORD Amt
9. ration mist be f laqqed wl th reas pmted for pre-const ruct I an i IWOC t i On
10. FZeseed: All right-of-way disturbed by'tbe utilixe0cm of thiti ar4woach imist to
reseeded according to the spec I t i cat i am of the JR1 athee4. County W&ad" Dept Cmtac t
Weed Department for area InformtIon and speolf1cat la'W.,
MEEMP . .... ARETWO 90=' Ply see trAe attacbed sheets fcw rcq444eFr40ntiiT
1. Rcad Dep-artment Is to be not fled upon coatpleti-on of work for ut;4r,:,*dU1!vtq of Atlsr�ct tort.
Date
t I t to tj-4,e F1 4Vjrja
Appli=t will coMlete this fom arsd t ram'J" 44,,O�=ty Ikkad Dept
This application Is for all appoLvaches an or thtaComltv WhM
awl i =t s I gned both 9 1 des of appl i cat i on w4 a;*1 Ica-tim, is, 4*rmed a Covy
w! I I be made aval I ab I e t o awl 11 cant . (see reveive � is i del 0
Avprove-Post Irispect Date
MWD W ("WSSIWEM
Date
rPW A*h%-Wrrr#%rFPMW*Whr
Date
Date
lubject to the following tem and coaditino, the permit Appliod for 11pop W reverse aidev Woof , . ofttedv
s Tba persit oball he to fall force and 1'4 effect fro* the date horeof votil revokiod 4s beret# poyidaOA
W4 ftia pratt say bo revoked by the Canty opm qivisq 10 days ate to porlittgo;-a I t directod.
,to the address strops b the ippl ica UoR kere to atWWt Wt tko Cool� renryom W _riqA t to rOAO 010 thoo t
fig acrid so t V# J1 the event Perot t tot b re4b ;by. of the - coW i to# : or ap �ss t4f
3 0 U[NVOLOWOfVOh vak ski 11 be emetced to ti I Patti ttse opti f 102,,04, covaty 400 X yen
W a the front of this 4ppileation, as to tke premed M001covelt of voq.
t CURM V 110M. It the- Cm ty thales )�Vbvjy, ljocts0i t-ipC48100 io a kructury or I WOU I I it asW
Prtt Persians oball eikeaaa thing" vitkoat eVepso Cotmtjw
o WMEM H FIMW AUMffMt lawal d povemost oust be proqWed,.by aa. do a "Volet Arovild tkt
area(s) to be reaeMw leplaftwat base and itobbase a4torials must be caspiote# t . liatiml o . ra {a.,
16#180.011W of "Mut not be 40cuplizbed within fift "Mt roloyajilp
6
* CQ � CUM* I# Imptiso tkis porlit, 00 poalttw 4/his NUC09004ro of alsilm bgrof
protect the meaty 444 save it hanloss try all oa , action# , or du4favfmay: tiod god scpt-1my acorle
tow or be suffered by# any prsoa, or param, eoqwstfas, or propftjsw of the 14"fieQf 48Y ##C4
d
character o s t is used, wo , to c t� t l m W apt� � 't 0r .too 0 01 of u
MWz of- my, and yin case n suit - ti0o brought -4.t �� � ` F Old # F ' a 0
of the above causse th itta ; halite fateessurs or a301,916, WHO, ops NOW# to i0kis, tka 40"Osolast at such
actions defeW the one at italhissale coat and expose aad-s4t4sty any j**"t pbid may he .r#*Tq4 444N y
In Amy slit or acting
7 * FIMT101 Of VILML Inafar as the Interests of tie sty tie 4401119 public , 004ried, 411 Voirg
perforsed oWer this peralt oball be done radar tke sooervisloo of 00 cooty. 1040"04partmt 104, its "thorisod
reprosen tati vies f aW ke/tkey shall indicate tit traffle Mtrol oovlges,0' t atqhtf plaaivq of 11ii9ses
aAd watchless, 00 acceptable simmer to Al ob Miffic is to be 04,0 44d ski 11 � opocity to pfraj i 46 ION 0*0(Pee i
to be ireplaced If It is distorbW doring opra o", bit gaJ4 #UpryjNj, a 400tate, tdischome
Urvittes fro* ail of the obligatlebs sonsed by 4ccopturo of thix pests, sad e4pocJafly We#'t forth
WIRRY MINNIs If tke work Me o4erWpervit intarteros Is ivy way 60 04 drailmetoo ou
affected, 'Persittee shall, at is a pu * imke crack praiisinA as the Coi4tj oaydirect to take e4re ` said
IM181 All P8111fiv eMletion of vork mtoplaW qWer tbis persit, 4J1 robOW W,406* 044 be 4411distely.
renoM sAd radvay W roa4side left a 4eat 4P4 PrO00114W coadi0oo,sWaftetary t944, COROVIA
10, V011 TO 10 IVIUVIM IT CMa All wk cottoplotid Wer thto pirvit. 04.11 bt Aoso We'r tot -14pervisba of 1,04 to
tke yatisf4ct Ion of the Whorl aed reoreststat Ue con ty I4,adcountyhomey- mervos 01 , 0 0 t to Groor at
change of Iont J aii or reson I of any strutu al jatIon au tkorla by' this {parst A any . t M, , said 44"efi or
resaval to be side at the solo expase of thit Fersitto.
1. COMY"I AIM Iff " 1B TIMMIS All suet ckakqqp,. rocoostruct4q, W �V 4040 by ftraittee
is 0h a lanser as W1 I I cause the I gas t i a ter f ereace vi th nay of , they t." s #4rk, ., : Igo Vey be
liable for any dawe to the Pertrittee by reasu of asy such work by 00 ealvirt it-3,44vats',
or
n a s or by the exercise of any rights by the Cowl upon Abe higWy ''by the .14stollatlo 4
vader this permi t .
, 1810VAL of 1117AUJ71013Mom . Wess aged by the Cototys, upoA tersiviWan of Uis, - persit, tke Pairlittes
sa 11 relo"the 1"A'541 I atal or strI04a o tesplated by018 Omit aid- res tore the-poawt t o M lm ex i A t im
t the time of eatering opm the we vndtr this pervit, repsonabla afidr a Dear W .4 '- aft 411w W 08 014fienal
r by circustaves over which the Pervittee his jo costroi, aa,
* NASMANCI 11 MONS OF F9k11Mvi skill lliltaiAt at itsibisa {a 4 aft* afro
for WO this prait is a C"ditial latiatictoryto the mot* =
. COMY W WINMUUU"WLU7. In amptill this rvt' tka 'Persitteo Appootat 4my dalageor trijury
dcao to said instillatioms or stroctures by a ontractor vorkiag tie County 4T by, avy top#.ty 4sa i4
in construction, aat, p4, alaea�, eat the OUt--day4431110 4 the siole expense
of the persitteef
ism CM" TO Is 13MMONM " 10ADVITO Ups being billed tierefor, pfir4jtteaa.rs to PFO*Ptly reiX64108the
County for any expahoe 1-acurredU repairing surface of roadvayto settleoqlt at i40411WOAf or for 84Y Atbera s
to roadvayas a res4lt of the Vork perforeed ader tkis permit.
Dated this day of AA400-0
�f
TO Aess, t 'IMTM* aentiHed in the foregoing i4accepts this penis" 1-13q�-thfr vltball of
she tarao and ands do a set forth therein.
F
'ai"*Y+h'1!` fFM79�`=Yyil�wJ�lliYwl, w��+rµan .�,Ai��x�ar
'AUG-16-2006 IG:24 ROAD & 13R I DGE DEPT
4
406 758 5794 p. 04
A ff2-OACM.Mi gM
T- H TH B F 0 L L 0 W ft�LG ATTA JPvjSS -ARE
1, AH bmsb, ates, fencoo, etc am to be rmoved fmm the
of iha
on each side of tho approach for a distao'cr, of4t. -10W Ohc-`Wli�v I
proputy a setback to the'autdde odp pf 14c n$bt-*ofWW - TDJS V"1Ali%
improved room ay mainwnwee, =fqty an'0.84& O.iptaocco
M-2. A corxugated metal cu Ivert having a of. 0 21W, 15V 4118) awhm be
th4t JVert I)QUIjin "th
jamalled beneath the appmwh suc;h W1
and at the $me gmde ash ditch b000m., "'rho CUIVO, must lee th6:1 siopc
either by cuMus the culyort at an -augle or;ttt""n# n'04 Od#&'' rO Oulvert.will
provide adequate drainage should water accu"Wate ill the 41 tqh
03. The 4pproach must have a 2--foot 100$ landing t;r4� 3 p =.'OntaWAY from the
0(a - of county road. (See the attached sheet for *4144 (Ui$ amont
W1
gravel loss and the Possibilityof dlral'n4ge fi6m' the. CQUInty
road,)
4. All approaches onto a county road sjWl mcc; tho roads �At a
AU approaches wi It be 24 feet wide to the Q u tgiide e4go 0 r the, f-Way.
C6-) All approaches onto a paved rood shall be vtgd a uAinimum Qf lujc;hcott
P
compacted by 24 foot wide and Emm the pavtd-ro*0 to �i quto* '04 of the
tight- -way. For addl'Nopa'l c'oast=tion spocioca0ans, 4nO reqw. immla stv
"Arpmach Perrnit Attachment"' (A ppandix 8).
7. All areas within the county right-of-way distaro;4 dudig conart(ction mwt
reseeded within 14 clays. A four layer,
inch Uflaps01, I rripa, tic,s 1 1 ,,4 , OrOd -over
disturbed areas of the zight-of-way p6or to rrsueding-, (See�� 4xftachiW sJhed for
details.) (Reseeding Will ra4ucr- the pbtonfial- for $rowth- aFnQx),roa woeft
adjacent to the co-unry road 4s well as:the adiaoent Property')
08] Contact the Road Department t .'apo I st.. 66�
k RUG-16-2006 16:24 RORD & BRIDGE DEFT 406 758 5?94 P.
V tfl T,
A 0 A C
RPRF 41 IF
IF 10
V k vDIY4r ib 40h, Y q& I A 4p F.,ov
met f
J. IF0
ArP Pr ROA C K
ALL
7 5 D Ml 4Vr-.N 5 LANDING
Tidl I rod r OUNr v Q
A
p -"CiOT,
44")
tl& c WA
............
2 0 M Mo FOR v
I 'Ti
ING
4V"
Ar
4
4w
A?PA-*DACP,4%6 WTDTii
sow p
A P P 3 OA ewpot T
46
ION
_p ruiw.,
US
0 4r'r n ZO 6 1 S LOPE' t0j? LU5 6 RT to 5.
FOR
PIPE 11-M IT
I ID p t in Jk r tj #Mft F, rl� r T R o" W.
4V
1.0 !j
14
4dl, A
A4 'AlL 5- srr:
40
A F A 5 Tfit^ • it
Me
twp A
4; 1 -L4 y
%,Z t. .4 .4k Kp
p
CL
W
0
C4
car
C
Zft
� Jrj iajej 11 fact
-nw�..,-p. �w..,•�....4 a.�.wrre : "-r w,an�w..�wr . w�. .w�...
.•~
R, THMID COUWrY OAD ftCMCATnN'
�t Roa&to ham no nwmtham ofrygmdm.
. Rmd CITWM ter bww fiao a elgid.
- Rdwbto uwe a"6ftto eumbmv mlcwves .
r
6. CUhw"toCONAM �.
(A). Commta nWd p*c (C. X.P*)
'_ can=-gta
SConshudion fi&rk to be iced under road base ice, all wet arm.
}
9. R*xA to be bmO#wfth the fDROOdu
is imba inch cimbe+d a egte
. 6imbestif W shed "Pte
corapazteA asphalt
� } 4�'vompatted ai#Wt if usett as an arterWroad.
so. All ram to be en&w*"d prior to conshmettom MOM must bertr an
enonewes ,imp awl then be appruved by Flathead County Road Dept:.
AUG-16-2006 16:25 ROAD & :BRIDGE F}EPT 406 758 5794 P.07
SFMING AU)
FOR, F"
Seeding will be drilled following1he sIape. OntOcir*mlY.aftgr final'
grading using the below mix. The,seedin�
follows:
&A4.6 AKRE,
Rggar Brorne
Hard Fgscue
Intermediate Wheotgrass .. �.
Alsike Clover �.a
Annul Ayegrass 2:5
Kentucky Bluegrass � � � � �2.t�
Ladak Alfalfa
Timothy
Napier Orchard frays . ;, =
Total Founds Per Acre
ire �' R�.�/,�ICRE m�nrts PoUndrs 6per �tcre��„pui��; �iY���� 1. #�F��t�' ��. �ar.tified,
tv fay weed free. The rqte$ sho" shotj 14 -be 910 Ub���l
and scarifying is requiredcrfter seeding to Wit h foo$j3 1r6l t p
prevent loss by wind, water and wildlife,
,
IG- 16-2006
R I W::2
RORD & BRIDGE DEPT 406 758 5794 P.08
TYPICAL APPRpACW SECTION'
AT RIGHT C7F N/AY -LINE
-A-pproach., Widfh
i I
Approach Width
Ditch �; nth
Ron*bid
rud e -A- 4 W-- w 4WO4 -M"ft A"K- -WOW"W !" 04W - *W'p
rw�W�rrr war . W" WMP MMV WMM* *WAR %M"'fttr* M�
'E::�0.DRAW f'IrPE' 'W�N QUO !
W
WME N
Go
LO
fit• ' - _ � - . - ,
.. . .......
i x CMAA,
CAU" A(m9GtT
---.Pool Pilo Pi
.
4
• �N► ' iig,� . + q}�� � ,,SIP}.
w
w "
n
Fri
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N �A a o
. �,.
CE
TO
Vz
`y y
yyy��y
m
m
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ILD
U 0*,4
r
AT,
4! - . �.. w— �.. -� ,.Y••. tom' .. ..
t
/Vo
i
YT • n
APPROACH PERMIT Permit No.
I Applicant * Information:
S&JG(rk%3UM1T&QG - 100 T=it%4APJCtjNuL.A��
(Mailing ATC CGU IT-V.
(City, State & Zips
(Phone W) (Fax Div.)
Property
�� o Approach: (430 Y LK��..
(Obtained from the Plat Room) 0 L6-�PJN
. p o Approach: A� �a 0 ; �� � `
- X Single ay $100.00mrr
Shared Driveway $150.00
UL5,
lot aptaah only)
# of Lots Minor Subdivision $ o, o a t of
(5 or fewer lots)
Lots Major Subdivision $ 5 y o/approach . o
6 oT more lots)
. Attach Subdivision Regulations if a Subdivision.
Area ZoningRegulations: N s No Attach R a i s Classifications.
Iann lig & Zorn R fi S and Date; 7— NS,--C<z)
. L,ocation must be ged with address for pre- construction Ms ion. Date -7 0 �
when location will be flagged. Road Department will provide lathe or applicant will have equivalent of lathe
�1�h bri ght orange flaggi-O...cr. attached or painted a bright orange.
Give . s crl' p ti o n at or rear which installations or structures will be installed i ; 300 feet NoTth o
mterseCtion of Road.Road.s A & B, fence line,.eto NMximATmq 4ml *evovm ar i UNV
C �} . c ��r .._ ..a 4n a with rre t o� s o beat .on, plus a Cc Ica Survey map or play m�o r �. ..
ion: rownship.. �za Range:
e tign d te will bc 9 from Road Department Conditional Approval Letter. Approaches tlial arc
r ulr d o paved and were approved between October " and May , will e granted an additional
axh_
days after June I", o complete the paving portion o requirements, due o availability o asphalt mac .�, Lo
INSTRUCTIONS -CONCERNING USE of THIS FORM
Applicant will complete this form and transmit it to the Flathead County Road Department. This application
IS for at! approaches on County right-of-way, When applicant has signed both sides of application and
pti a i n is conditionally approved, a copy will be made available to applicant. See reverse side for
additional rules and regulations.
4E T S OF ERMIT APPLICATION ARE ACCEPTED AND AGREED BY.
C� (6
S gpatiYe of Applicant(s) Date
REVIEW OF APPLICATION FOR APPROACH PERMIT
o he filled in by Flathead Cooney Road Dept Representative ,
PRELIMINARY NSPE C ION of APPLICATION RECOMMENDED FOR:
CONDITIONAL
OVAL APPROVAL
2 0 AVIAA
DISAPPROVAL
#P7— 5�3 5 ,- 0 �0
-T
V S�, T 1C,,,
'LA,TH,.EA:D CONSE.
r . - TION'D
R,
30 Lower Valley o . , Kalispell, MT 59901
Phone 40 7524220 Fax 40 7 -4 77 E-mail fcd@digisys.net
0FFfCl2L 310i`EId1LiI7 LETTER
DATE: September 16, 200
E: NATURAL STREAM ED PERMIT #FL-060-2005IUnn amedlLone .Fine Development
Legal Description: S1 , T28, R22
Landowner: Lome Pine Development, LLC
114 E. Second Street
while„ rsh, MT 59937
Applicant: Schwarz A &E
100 Financial Drive, .quite 120
Kalispell, MT 599
Project: stream crossing, r ti% crossing
n Monday, September 12, 2005, the Flathead Conservation District Board of Supervisors met to discuss your project on the
wmamed stream. Based upon the recommendation of s p r i or Frank De Kort witb concurrence by Mark Del of the Mt.
Dept. of Fish, Wildlife and Parks, the project was approved with the followmig specifications:
REL4NC ' DN PPN "'' ' D , .A 7he determination of this office that nuance of this permit was mare in
reliance n the information ation you provided
REEVALUATION OF.PERMIT DECISION. This office may reevaluate its decision on this permit at anytime the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following. -
You fall to comply with the teri and conditions of th is permit.
The information provided by you Mn support of your permit applicia on proves to have been false,
incomplete, r inaccurate fee RELL4 N E N A PP I ANT ,S .
C. Significant new t r nation surfaces which this office dad not consider in reaching the rti final decision.
The erh sued or there shad a available o ins ectln on -site Burin the work
When work has been completeW, fill out and return the, enclosed PROJECT COMPLETION FORM to our of le f)
The Flathead Conservation District retains the right to inspect the project
daring are d after construction, arm wiff con taet the Ian do wner.
NA TURALSTREAMBED PERMIT - Unnam &Lone Pine Development
perns it tv valid 4 ,� u n N September . Ifyou sh ouldfind thot you ka ve n ot completedthis project
to that date, contact this office for a possible time pension prior to beginning any work (Note: only one time
Wension is allowed.)
Montana State Law (MCA 75-7,112 (7) you arf-, required to return th' to our of 111 )
s o w a rica ily, vo hi th ilvrmit, w irk o u ty furthe wa. . Retain the oth er copyfor yr permanent s.
Note that ifyou do not agree with the Board*s Decision,, you can request an iftl o panel be caked to hear the
cases if Yauo prefer to do that, our office mast be so notified irr writing wfth1hfwe mays ofyear recent of this
letter. Not & the day after receipt i's considered day Otherwise, the ar &ration process cannot be invoked.
The , ,day winifing p 710d has been waived. Work i, &Is prfyj4ecf may befoin as soon as Pavdb .11owevefL±-Lvre
b�ginnhq affiq ark, You must I Supervisors Decision form, and return it lei floe Flathcwd Conservatihm
DkOriel =
The -site inspection has been waived.
Work is to be completed as outlined in the application..
Work in.dry e a l conditions
a All cork should be completed i an expeditious and careful manner er as possible and shall take place ding low flow
periods only.
Work shall be conducted to mmi i impact un the stream and the immediate vicinity. To prevent leaks of petroleum
products into the waterway, no defective equipment shall be operated in areas capable of contributing surface flows to
the watercourse.
Any excess material generated ftm this project must he disposed of above the ordinary high water mark
and not in an area classified as a wetland.
All disturbed areas (including any spoils or excess material) shall be shaped, seeded to grass and lightly
mulched to control erosion and prevent the infestation of noxious weeds. isti vegetation shall be
preserved to the maximum possible.
Extra precautions shall be taken to preserve eisti.g riparian vegetation.
a Clearing of vegetationwill be limited to that which is absolutely necessary for construction of the project.
0 All stream bank and adjacent areas d1swrbed by the eoteo€ activity shall beprotected with temporary erosion
control measures dig the construction activities. These areas shall be reclaimed with long-term erosion control
measures and revegetated kimediately after construction.
0 The fill slopes of the crossing shall be at maximwn grade of l . : 1.
0 The culverts shall be properly bedded in gravels and shall be on a grade with the pre-existing slope of
the stream, or buried one inch below the existing ,rad.ie t.
Culverts will have a fill depth over the top of the culvert of one third 1 the diameter of the culvert,
but no less than one foot.
NA TUB S TREAM E PERMIT #FL- 06 0-2m edE an a Pine Develop m en I
install culverts or bridges so that the low point in the road ode is not over the stream crossing. If this
i € not possible, construct water bars or cross drains ire the road grade above the stream crossing
The FCD Board of Supervisors advises that the issuance of a 3 0 pcnnit does not relieve the parties involved from -securing
ether necessary permits which may include (but not he limited to:
1. The Federal EadaitgeredSpecies i et, eo n tact U.S. Fish & Wi I Service, Helena -9 -52 25 �
2. The Flathead County larn.l g & Zoning h'`e's r i Permit& Lakeshore Protection Act
o- -;
The DNRC Frost Land Management Use License or Easement on Navigable Waters (406-751-2240 or Fax
1 -s
. The U.S. Army Corp of Eng rs" 404 Permft, 10 West 15 Street, Suite 2200, Helena, MT 59 - 1-1 .
5. Althoughwater a h o or flow across your property, rty, you my got have the t to use that water. Chock your
water right, and your neighbor's grater right, by contacting .NCIWater Resources, --.
. A FERC (Federal Energy Regulatory Commission) permit may be required for energy generation,contact: FERC,
888 Is'
Street N.E., Washington, D.C. 20426 (202-219-2750). For der m orrnation access the FERC web site at
www.fei-c.fed.t=1ss, For energy generation inter -connections contact: Flathead Electric Coop, 2510 ffwy 2 ,fast,
Kalispell, MT 59901 O y ' l - .
7. A Wild `ee i ,diver permit for the North and Middle forks of the Flathead River contact 1 . ... ,, Flathead
National Forest, 1935 P AvenueEast, Kalispell, M - -5 .
. in addition, if you will be disturbing the vegetative cover on more than five acres, or more than one acre which is less
than 100 feet from a stream, you will need to obtain a prat from the Mt. Dept. of Environmental Quality, Permitting
and Compliance Division, , Box 200901, Helena, MT 9 - 9 1, 444- ,
. Stream -side Management Zone Law, .Department of NaWml Resources and Conservation, State Land Management
Office, 2250 Hvvy 93 North, Kalispell, MT 59901 406-751-2240,rust be notified by the landowner or operator prior
to b g' ing any forest practices that will access, harvest, or regenerate trees on a deed land area for commercial
poses on prlatc, state, or federal lands,
-The permitpermittee is hereby notified that any financial outlay or work Hilvested i a project, pursuant to this authorization, is at the
pernit ee's risk. The issuance of this authorization does not reduce the p rmitt e's liability for damage caused by development
of the autbmized project. Nor does the flagmd Conservation ration ,district In issuing this authorization in any gray acknowledge
liability for damage caused by the paintte 's development of the authorized project.
Please call the Flathead. Conservation District at 406-7.52-4220 If you have questions.
/�A aii
rk- k.x.
Frank De Kort
Supervisor
Enc.:
W. Fisheries Dept., Mt. Dept. of Fish, Wildlife and Parks, Kalispell
Form (R. o2/ (file name 2=.co
t 310. PERMIT
x CONSERVATION DISTRICT'S DECISION
ICAT � FL-0fi0-;00S
�ISION DATE:
Notice: THIS AUTHORIZATION DORS NOT GIVE PERMISSION TO CARRYOUT A.PROJECT ON LAND THAT IS NOT OWNED l�
THE HOLDER OF THIS P ,
IT. Landowner r permission, easements or other federal,, state, or local permits, licenses. special use
permits, or authorizations may be required before con r o i.on f the Project, is the duty of the holder of this per i . o.
determine which are necessary and obtain them Prior construction of the project
Name of Landowner-. Lone Pine Development, LLC
Address: 114 E. Second Street City: " t State; MTZip: 59937
Name of Applicant* Schwan Architecture & Engineering
Address* 100 Financial Drive,, ,, Suite 12 0 City= Kafispefl State: M Z p:5990-1
Pere"al Stream. Unnamed Section: Township.- 28 Range: 22
Supervisors" Decision (circle):. P roved
Explanation: Weam crossing, sing
See attached ore room is necessary
Approved v Modification cation Denied Not a Project
Permit Expiration Date
Date Transmitted to Applicant and DFWP ,� �• i � _��—�
beck here i -day w a-ifing period has been waived
''work may begin on or after.
O BE COMPLETED BY THE APPLICANT
Check the, appropriate box, sign and return a copy to the d st.ri t office Nithin 15 days of receipt of this permit.
1 agree to proceed with the project in accordance with the approved application and specifications outlined in this
permMit and will allow a follow-up inspection.
1 disagree with the rrn `�� ern t s e t a ere d�tr t court � t days receipt o �Is
permit. (This box may only be checked you did not sign an arbitration agreement when you submitted your
application.)
disagree with the tens of this permit and hereby request arbitration. I agree to abide by the arbitration agreement
affac ed to or on the reverse of this form — OR, if an arbitration agreement was., signed when the permit application .was
submitted', I will abide that agreement.
Signature of Applicant: Date
FIAT14EAD CONSERVATION DISTRICT
30 Lower Valley Road, Kalispell, MT 59901 PHONE& 2- 2 o FAX:752-4077
3.10 WORKCO3HPLETIOATFORAI
(Thisform must befilled out and returned.*)
Flathead Conservation District
30 LowerValley Road
Kalispell, MT 59901
Phone 6 752- 22 & Fax752-4077
E-Mailfcd@digisys.net
FROM:
Phone
RE: NA TURALSTREAMBED PERMIT #FL-060-20051Unname&Eone .fie Depdopment
Legal Description: S, T28, R2
Landowner; Lone Pine Development, LLB'
114 E, Second Street
Whitefish, M
Applicant.- Schwarz A&
Kfise4 MT 59901
Projeet.o stream crossing, utility crossing
ng
Date work was completed*
Comments:
We encour: Oe P1 : (2) ff! ev 11 eC tMe da ED raoUi eL ielt lfgo Er
notos oLvour C
e.
documenatation tind utur�er�ee�renc�
KALISPELL PINNING DEPARTMENT
FLOOD LAIN DEVELOPMENT PERMIT AMENDED KF- 5- 5
LONE PINE DEVELOPMENTS LLC
Project Description: This is a permit request for the construction of two
road crossings in the 1 - year floodplain of an unnamedtributary to
Ashley creek. The application proposes two crossings using 35 x 24
corrugated metal pipe culvert. The upstream culvert would be 72 feet In
length, the other culvert would be 70 feet In length. The property is
located south of Foy s rake road and west of Valley View Drive and is
further described as Tracts 3FE, 3FE , 3FEB, 3 FEC, 3FEA, 3FEF, 3HAA
and 3HA, In Section 13, Township 28 North, Range 22 West, P.M.M. ,
Flathead County.
Based on the forgoing review (Staff Report K p-o5- 05) Floodplain
Development 'ermit #F p-o -o5 as amended is hereby approved with
the following conditions-.
1.. The work shall be constructed in accordance with the plans
submitted except as modified by these conditions.
s.
2. The contractor and/or subcontractor shall keep a. copy of this
permit on site at all tines. All employees doing work within the
floodplain shall be made aware of this permit and its conditions.
3. A request for a LOMA for the Lone Pine Subdivision is being
concurrently applied for with approval anticipated in early ly Zoo .
Should either the DNRC or FEMA through the approval of the new
flood study for this site find the pipe sizing inadequate for the two
crossings, the applicant will be required to remove and replace
them with appropriately sized materials.
s.
. Erosion control fencing shall be placed along the entire length o
the floodplain as it crosses the subdivision. Said fencing shall be
properly anchored in accordance with accepted management
practices. The Contractor sha.11 notify the Planning Department
that the fabric is in place 24 hours prior to commencement of
work.
5. Earthwork shall be limited to the construction of the roadway,
sidewalks and. public .tll ties. No excavation or fill shall be allowed
n the floodplain(as currently mapped or as modified ed by best
available information accepted by either FEMA or NRC) outside o
the specific project crossing area. including any additional fill n
either the common areas or individual lots.
6. The road crossings shall be redesigned to comply with K & MR
IOC..-25 7 which requires the road be elevatedtwo Feet above the
base flood elevation. The engineer shall certify that the lowest part
of the road complies.
7. All of the structural fill associated with the improvements shall be
stable, compacted, well graded, pervious, generally unaffected by
water and frost, devoid of trash or similar foreign matter, devoid of
tree stumps or other organic matey al, and appropr"ate for the
intended use as a roadway.
8. The site labeled "future possible road access" on the east side of
the subdivision shall be located on the plat and designed so that
the roadway and any fill associated with this future road be located
and placed outside of the 1 oo-year flood plain.
9. If natural gas lines are included in the construction, a registered
professional engineer shall certify that the depth of placement of
the line shall be at least twice the calculated depth of scour for a
100 year flood.
10. Learn Lane shall be improved from the "emergency access"
point to o is Lake .load to provide a suitable road base two 21
feet above the base flood elevation, if improvements will be
necessitated to Leam Lane, because this is a county road, the
applicant will reed to pursue a county floodplain permit and
receive authorization from the Flathead County Road and Bridge
Department .t to improve Leary Lane.
Upon completion of the work in this permit, and prior to final
platting of the subdivision, the applicant shall furnish to this office
a. certification by a registered professional encrincer enumerating
each condition and certifying that all the work has been done in
compliance with this permit,
Thomas R Jentz
loodplain Administrator
Kalispell Planning Department
17 Second Street East, Ste 2 11
Kalispell, MT 5 901
Date
City of Kalispell
Planning Department
1 - ? Street East, Suite 1, KaffspelL Motana 59901
elephone: (40 6) 7 5 1 -185? 0
Fax:751-1858
Marc Llechti
Schwarz Architecture and Engineering, Inc.
100 Financial Drive. smote 120
If
Kalispell, Mortara 59901
Re: Amended Floodpiam. Development Permit KF-- 5 and Clarifications
Dear Marc:
This letter is a follow-up to a phone conversation with you this past week, a letter
dated November 28, Zoo , and a conversation with John Schwarz in my office or
Wednesday of this week. I have reviewed the floodp .ain pest KF-o,5-o for the
Lone Pine Subdivision crossings and have prepared an amended perr it KF-- 5
dated December 9, 2005. The purpose of the amended .ded pert is to big clarity to the
pernut and some of the conditions as origina y Witten. Additionally, some
superfluous language ire the introduction of the pex .t was removed.
Specifically Condition #3 was modified to Hmit your responsibility to re -size the
culverts lverts they were de ic' ent to that window of time wee DNRC and FEMA reviewed
the fmdins of your current flood study, not a perpetual open ended tmefrae o
liability. This condition was orlgina y added because u.rder, the terms of the
predmirary plait you. could not apply for a fioodpla de relopmerit permit until the
flood study was completed and approved by FEMA and it was the feeling of this office
that we would Fork with you while the flood study was being undertaken to allow yo
to proceed more quickly.
Concerning Condition , you are kited in your work in the floodplam. to earth
disturbance and activity only at the two crossings yo-u applied for. Condition
CI es that this requirement will continue but It also clarifies the d of n * on 0f what is
defined as the floodplain". In talking with Karl Christians, DNRC in Helena It is his
position and therefore the position of this office as well that the undeslg,ated zone
as mapped today is the floodpl d. boundary of record today. However, you are in the
process of applying for a LOMA. In that process you have prepared a flood study and
modeled the floodplas it traverses through. the Rorie Pine Subdivision. It has
aLrea.dy been submitted to Larry schock, DNRC, Missoula for review and he has
returned it with several comments. When this study and model has been reviewed
ana approved by Larry Schock, it would be considered the "best available information"
for this reach of tre=. I understand that could occur within the nextfew wrecks. At
ghat point, we world consider the boundary ana elevations of that study to be the
basis for determining the flood bou .dart' in Lore Pine. Any work outside of that
projected 100 year floodplain would not require a. floodplain development perr t to
proceed. Any wok (E, excavations and modification in the f.00dp ain troWd
continue to require a permit,
This should answer your question concerning your ability to bed work on the lift
station, which appears to lie b tide of the projected 100 year flood boundary, Orfiffl of
rt' lots in the area.. Please note that there is always re ac hard chance that
MA would take issue with some portion of the study and modeling as submitted, at
hich tie we would be bound by their fmal decision.
There was a concern about Condition #8 and the location of the future road access on
the east side of the subdivision. This condition has been slightly modified. Conditdon
was paced here as a pre-emptive condition such that if the future roadway fell
within the new flood boundary based on the flood study it was easier now to move the
location before lots are platted and homes are built.
The c r'ginal Condition was dropped from the pe=t based on a concern by
Schwarz Construction that it has no direct berg on the floodp am perm. I concur
that the issue is effectively dealt with in the preliminary plat condition of appr va,l # 15
which requires a 60 foot R W between the subdivision and Leam Lane,
Thank you for your cooperation in this matter. Should you have additional questions
con.cerr . ng this permit do not hesitate to contact this office at your earliest
convenience.
��iT1CF;'T' �� ,
/VtdJc:q
Thomas R. Jentz
Director
Attachments: .ts: Amended Food Plain Development Permit KF-05 - 5 dated
December 9, 2005
c: Lone Pine Development, LLC; 144 E Second St., Whitefish,, MT 59937
Marc Pitman
From:
Shk, Larry [Ischock@mt.gov]
Sent:
Thursday, December 2, 2005 3:31 PM
Marc Pitman, Veler, Terry; Christians, Karl
Cc:
Traci Tull; tjentz@kalispell.com
Subject:
. Lone Pine Meadows OM
Ili Marc,
e have finished reviewing the Lone Pine HEC-RAS model and it looks good, It should
provide a reasonable representation or the 100 yr. . floodplain for that area. Good luck
with the LOMR process.
Larry A. Schock, CM
MT NC MRO
4721-4284
lschock@mt.gov
-----original Message ---
From: Mare Pitman [mailto:mpitman@schwarzengineering.comI
Sent: Thursday, ece ber 08, 2005 2:01 PM
To: Schock, Larry
Subject: Lone Fine Meadows LOMA
Larry,
I revised the Floodplain study for Tone Pine Meadows. A copy of the study along with a
copy of the LOMA request to be sent to FERIA was mailed to you on December 7, 2005. I a
attaching the HEC-RAS model used In the study for your review. Tom Jentz of the City o
Kalispell received his copy of the report yesterday. In addition to widening the cross -
sections I also ran additional cross -sections that we surveyed along the stream on the
neighboring property to the north of Lone Pine Meadows. The size of culverts were checked
where the channel crosses Learn Lane. This time we had the culvert un-earthed. The
culvert width Measured nearly 30", and is a squashed (elliptical) cmp pipe* a pleasant
surprise. I called the Flathead County Bridge Department supervisor, Mr. Greg Iverson, to
see if he had any record of the culvert sizes# He didn't have a record however he was
able to tell me the sizes of culverts used by the county. From our conversation we
determine the culvert to be a " X 2011 cmp pipe. Using this size in the C-RAS model
showed that the culverts at Learn Lane can accommodate the calculated 00 - ear flood flow.
Please call or email if you have comments regarding the report or HC-RAS model,
"hanks,
Marc Pitman
1
2005
e�
UTILITY EASEMENT
For V9m RwmM Rm -Herkw U
ancy vim wive
"Wpewin "I
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W%tdWMT5"37
The rEt , the following desm-W u0ty emment in Fkdmad sty, Monma,
Se on 13, Tom 28 MAX Rmp 22 Wes, fir 1 Mmidim Fladkead may, Montana, and the weste#y boundwy being
mm partiodady descnW as follam.-
T1w West sty of P 1 of Cwtificate of Survey 16631.
EXCZPIWG TBEMFROMthe south 1 1 5. 7 of sMd sty.
On t ,,DM.
m A Notory Pub& in &tW for udd parsomMy
kmmm to :ate to W Pas= whose n
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being OfflrapplAwWroasrl�bcd as fnllnws:
t 7 S P o e 4, 0704' C49mm&ftivWg art the Sevth*est Sacfor? C`*rftr of s&rtsoft I.I. m*pca
6 d a�isf tos 49I,1 'to 01] 1; Mamoe 0#41'0 " a
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Lto 2 "175,r LF OiBF cfP 39`t# 9 S #r*bOr,- Merias hi 20-WOO- W a Ostmoo of 18,9.. 7"
Lg S2 °OPO , Q l ' to the TAW Pawl• or Brby ma of the ewsaribed;
thence S 57V ' W a s1aoee of 3P397' #a o pvMl, thmcv No
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04 N 0045FF." w 4120' of 134 94 to a point cad tsnrnl ras of eas*motif
#.l9 4 '05 3 003.3.E An eavemnt. O' ride for mndergr d i tJoak mAWl rrae &ad tho
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TOO WO$f b4&Vffddry o} P#rce{ 1 0l Car#ificota of SOfWO ' 16631
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VAMPED BAMOEAMME 117064S
EXMRIT A
LONE PINE ESTATES
STAFF REPORT #KA-05-03
Legal Description
Section 13, Township 28
That pin Of the Southwc,-st-
Noz-ffi, Mamge 2"P62 West, Flathead County, Montana Described asi'ollows:
9
Carnmencin g a.'I the South IA- co m, er of Soction 13; thence <,Zlonp, the mouth
th
4 of erection n 13 North. 8 c-,"5 74 8" East 29 4.2f ) fbat to the poin t 0 f
*rj,� � �
,q,t,,hence continiJ.ng along th.e South imc," Nofth 89'57 4 -gas
91 ng;
1. 01-2,0. 41 feet thence North 0c00;'23`We,,_-,t .889-98 feet -to the, Southeast.
t I
corn,er of Lo I , I as uhown oninslitrument recorded in Book 466, Page
498`� 1ccord-S of Flat-hr-ad County; :hen ec a.jong the Soufl,--I flee of those
parcehown on I.R.Sr-M71m. e. nt recorded -in Book 46 6" , Page 49 8, records of
L Ine,
Flathead Co-Unty South 8()'34'9.,5" West 1160-00 feet to the EasteXtY I'
of a, Ciyanrty Road; tr.N�ce along U-ve Easterly 11",ne South 6'30'00' West
r�86,62 fe-et� thence, Smith 79*06'10" East 213, 10 face; thcnce South
0�42'20" West 258,1139 feet to -4--he poixi-t -of beg.nning, containing 23.165
aand. 4c,res of lA
n
Legg! Desc *RtiOn for 60" Access Easement to Lone Pine Estates
Subda
An case MeTn, t Si tuated, Iving and bed . n ng In the SE I / 4 of the SE I / 4 of
Se,ction 13, Townshlp 28 North, Range 22'West, Principal Mcrienan,
Flathead Caljnt Montana, ,and more particularly desc 'bed as followso-
y-, 11
Commencing at. a point 3369 feet South 00005"56" West of Lhe northwest
ca rner o 'TTacr. 2 asindicated on COS 16326 recorded in Flathead I
County, INIon. ana, to the trae poin't, Of'becn _ng; -thence Bain00'00'23"
nni
East for a d istarice o f thenc c North 43'30 `0 1' East. for -a- dis tance
13 el-'; 1'9 feet; thenclang a Cllurve to tht., 'East 56 � 72 feet, radius 7 0'
with a delta angle of 46'2,13'26¢'; thv-�nce North, 89'487,31' East for a
�e
a" hsta- rice of' 349,35, feet North. 20"0 1, '00Wept t fir distunce wr , o3,78 fe-et
tho n ce sol-U-1-1 8 91`48 3.1 " West. t. for a distance of 328, 6 feet'; thence along a
can -re to thlr,., Sauthwest 1.04.68 fc,-et, nadiwq5 130 fef-.xt with a delta angle of
4'07'5 8' the, n ce Sough 43;" 3 0'0 We-s for a distance o f 73),,, 9 8 fee, .c k
to the true poin-t- Of beginrtang,
PRELIMINARY SUBDIVISION CERTIFICATE of TITLE
Policy No. 7208926= 13 2 p
CHICAGO TITLE INSURANCE COMPANY
To the County of Flatheadand the City of K 1 i soel 1 in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missou , with its principal office in the City of Chicago, Illinois, and duty authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 1 6th day o
u n e , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee
simple of record i:
Lone Pine Development, LLC
Montana Limited i i 1 Company
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule H hereof.
The maximum liability of the undersigned under this certificate is limited to the sure of . .
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
SSd bye
SRC TITS .. - SERVICES
2 South Main {� e of
sa .. fRO, Box 7
Kalispell, W-,59
Phona,
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A'1"TST
Se"toy
.eotder Form No. 9113 (Reprinted 1 1 Preliminary Subdivision Certificate of Title
For Use In Montana
SCHEDULE
Page 2 Certificate No.: 2 92 -132
Our ile No.: CG-43919
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
That portion of the Southwest Quarter of the Southeast Quarter (SWI/4SEI/4)Section
13, Township 28 North, Range 21 West, P.M. M., Fathead County, Montana, and more
particularly described as follows:
Commencing at the SE corner of Section 1 ; thence along the South I' e of the r.. EI 4,
South 9 '' " West, a distance of 1321.14 feet to the Point of Beginning; thence
continuing along the South line of the SE' ,
South 90'"' West., a distance of 1022. feet thence
North. ° 11' 1 " East, a distance of 259.30 feet; thence
North 7 5 ° 3 8 ' 21 " West, a di stance of 22 0.7 7 feet to the East line of Learn Lane; thence
along the East lime of the road,
North o "3 4 2" East., a distance of 571.40 feet; thence
North 92""., a distance of 3.05 feet; thence
North ''21" East, a distance of 799.71 feet; thence
South 000 13' 1 "" East, a distance of 113.02 feet; thence
South 2' 9"' East, a distance of 774.26 .feet to the Point of Beginning.
o Be Known As: LONE PINE ESTATES
Page 3 Certificate No.:7208926-1328
Our File No.: CG-3919
Being all of the estates, interests, equities, lawful claims, or demands, defects, or
objections whatsoever to title; and all easements, restrictions, liens, charges, taxes
(general, special, or inheritance, or assessments of whatever nature), or encumbrances;
and all other matters whatsoever affecting said premises,, or the estate, right, title, or
interest of the record owners, which now do exist of record.
1. Property taxes, including any assessments collected with the taxes, for the year Zoo .
2. .Reservations in Patents or the acts authorizing; the issuance thereof.
3. Mineral rights, claims or title to minerals in or under said land, including but not
limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and
easement or other rights relating thereto, whether express or implied, recorded or
unrecorded.
. Delinquent water and sewer charges of the City of Kalispell, if any,
5, A non-exclusive easement to use the Westerly 125 feet of the existing roadway for
ingress and egress purposes, disclosed by instruments recorded August 30, 1977
under Recorder" s Fee # 1217 1, in B ook 624, page 4 5 0, Apri 16, 197 9 under
Recorder's Fee , in Book 663, page 923 and August 16, 2004 as Document
200 2291. 050, all records of Flathead County, Montana,
. Terms and provisions contained in Resolution, regarding; designation of limited
access highway, Kalispell Bypass, recorded November 14, 1997 as Document
#199731810050, records of Flathead County, Montana.
. Terms and provisions contained in Resolution No. 4998, regarding annexation to the
City of Kalispell, Montana and zoning, recorded April 20, 2005 as Document
#20051101 o o, records of Flathead County, Montana.
. Petition to annex and notice of withdrawal from rural fire district, recorded April 20,
2005 as Document # 005 1 1 o o, .records of Flathead County, Montana*
. Terms and provisions contained in Utility Easement, recorded June 1, 2005 a
Document 0051 50, records of Flathead Counter, Montana.
10. Terms and provisions contained in Road & Utility Easement, recorded ,dune 14, 2005
as Document #200516508410, records of Flathead County, Montana.
Page 4 Certificate No.: 72 926-132
Our File No.: CG-43919
1. Deed of Tryst dated August 30, 2005 to secure payment of 1, ,51 . o, together
with interest and any other obligations secured thereby, recorded September 6, 2005
as Document #200524911240, records of Flathead County, Montana.
Grantor: Lone Pine Development, LLC
Trustee: Alliance Title & Escrow
Beneficiary: First Interstate Bank, and modification on recorded April 11, 2006 as
Document 20061 1 6030, records of Flathead County, Montana.
12. Note regarding utility easements,, waiver of protest, regarding participation in special
improvement ent district and notes as shown on the unrecorded plat of Lone Pine Estates.
13. Five foot ti
u,lit easements and 20 foot wide shared access and utility easements as
shown on the unrecorded plat of Lone fine Estates.
14. Ten foot wide buffer zones, as shown on the unrecorded plat of Lone Pine Estates.
15. A 60 foot dedicated city street and utility easement, to be known as Lone Pine Loop
Road, as shown on the unrecorded plat of Lone Pine Estates.
16. Dedicated city street and utility easements, to he known as Lone fine Court and Lone
Pine Circle, as shown on the unrecorded Plat of Lone Pine Estates.
17, No search has been made for water rights and u n atented mining claims, and liability
thereon is excluded from coverage of this Certificate.
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Chicago Title Insurance Company
Members of the Fidelity National .FinaYioia , Inc. group of companies)
Fidelltv Na.tiona I Fliian ial Grog f Co m agLni s' 'r' a Statem t
July 1., 2001
We recognize e and respect the privacy expectations of today*s consumers and the re uiren-cents of applicable federal and state privacy laws.
e be] ieve that making you aware of how we use your nor -PLib l I Persona1 1nformat 1on "'er onal Information" , and to whone it is
disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that
xplanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws.
In the course ofour business, we may collect Persoinal Information about you from the following sources:
ot From applications or other forms we receive from you or your authorized representative;
From your transact onwith, or fi-om the services being performed by, US, our affiliate, o� others;
From our int rnet web sites;
From the public records maintained by governmerital entities that we either obtain directly fi-oni those entities; or frorn our affiliates
or others, and
From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your .personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We
hi it access to the Personal Information only to those employees who teed such access in connection with providing products or services to
you or for other lek1ritimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other .real estate settlement service
providers. We also may disclose your Personal Information:
to agents, brokers or representatives to provide you with services you have requested;
to third -party contractors or service Pj_0V 1ders who provide sej-vices or perform marketing or other functions on our behalf; and
to others with who p we enter into joint marketing agreements for products or services that we believe you III ay find of
interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or
when we suspect fraudulent or c1-1minal activities. We also may disclose your Personal information when otherwise permitted by applicable
priv<Jey laws such asjor cxample, when discIOSLIrC is needed to enforce our rights aj_i Sin out of any agreement, transaction or relationship
with you.
One of the miportant responsibilities of some of our affiliated companies is to record documents in the public domain. Such doCL[ments may
contain your Personal Information.
Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion
Certain states afford you the right to access your Pei-sonal Information and, under certain circumstances, to field OUt to whom your Personal
Information has been disclosed. Also, certain states afford you the right to request correction; amendment or deletion of your Personal
nfor111ation. e reserve the right, l t, we er p r itt d b law, to eh r c a reasonable fee to cover the costs incurred in �esl�o dMto sLIoh
requests.
All requests must be made in writing to the following address:
Privacy Compllancc Officer
Fidelity National Financial, Inc.
050 Calle teal, Suite 22
Santa Barbara, CA 93110
Multiple Products or Services
If we Pro vid; you with more than one financial product or serVICC, you may receive more than one privacy notice f-OM LIs. WC aj)0 I Og iZe fol'
ally in onvemence this may cause you.