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 Law > Process > Examples > Application > Instructions
INFORMATION FOR APPLICANT Instructions for filling out the Joint Application for Proposed Work in Montana 's Streams, Wetlands, Floodplains, and Other Water Bodies Please Read Carefully
This application form can be used to obtain permits from the local, state, and federal agencies listed in the box below. Use the box below to determine which permits you may need for your project (contact information is provided); to determine the number of copies of the application to send; to determine what additional information is needed; and to determine what fees, if any, apply.
After completing this form, send the required number of copies, with original signatures , to each applicable agency. Each agency issues separate permits. You must obtain individual authorizations or permits from each agency to which you apply before conducting your work.
For more information about permitting requirements, review “ A Guide to Stream Permitting in Montana, ” available from all participating agencies or on line at www.dnrc.state.mt.us/permit.html . Please note: permits from agencies other than those listed on this application form may be required. You must apply to those agencies on separate forms if the law applies.
Do not submit fees with this application. Fees listed are for information only. The responsible agency will contact you when a fee applies.
GUIDELINES FOR COMPLETING THE JOINT APPLICATIONThe sections indicated below refer to the corresponding sections on the application form. Sections A, B, and C must be completed for all applications. Section D is to be completed only if you are applying for a Floodplain Permit, Section 404 Permit, or Section 10 permit.
A. APPLICANT INFORMATION. The applicant can be the landowner or any authorized agent of the landowner. The name and address of the owner of the land where the project will be constructed are required if different from the applicant. Be aware that the issuance of any permit does not give permission to carry out a project on land that is not owned by the applicant. The applicant has the duty to secure necessary landowner authorization.
B. PROJECT SITE INFORMATION. This information is required to locate the site and the water body where the work will be completed. Be sure to include directions to the site. Attach an additional sheet or site map that clearly shows the project location and any identifying landmarks. Geocodes help locate the property where the project will be constructed and are available online at: www.gis.doa.state.mt.us/cadastral/textsearch.html Leave the Geocode line blank if you don't have access to the internet.
C. PROJECT INFORMATION. This section provides space for you to describe your project and the steps you will take to minimize impacts. Projects must be constructed in a way that minimizes impacts to the water body. Some agencies and conservation districts may require you to follow specific standards for project design, materials used, or re-vegetation.
1. Be sure to attach a plan or drawing that includes the information requested. Your application will be rejected if project plan or drawing is not provided.
2. Type of Project. Check all boxes that apply to the proposed work.
3. Purpose. Describe the need and purpose of the proposed work. What will it be used for and why?
4. Annual Maintenance. Conservation districts may authorize minor maintenance activities for up to ten years. If the proposed work will be conducted each year, check this box. An annual plan of operation would include the nature and extent of work to be conducted each year. It should include, at minimum, a detailed description of the work to be done, the timing of the work proposed, and the amount of streambed materials to be removed, as well as other information required by the district. If the conservation district authorizes an annual maintenance permit, the application still may be required to seek approval from other agencies prior to doing work each year.
5. Proposed Construction Date. The timing of construction is an important factor in determining impacts to water quality, fish, and aquatic life. Authorizations/permits may contain timing restrictions on construction activities.
6. Dimensions of the Project. Generally describe the impact area of your project and provide the dimensions listed. Use the high water mark as a point of measure. If you are unsure of the high water mark, specify another point of measure.
7. Vegetation. Vegetation is important for bank stability and maintaining water quality. Most agencies require that only the vegetation necessary to conduct the work be removed. Describe the vegetation present at the site. Reseeding and replanting is usually required; describe your plan to re-vegetate the area. USDA, Natural Resources and Conservation Service standards are usually accepted standards for re-vegetation.
8. Materials. What materials are going to be used for your project? Where were they obtained? How much are you planning to use. All materials used must be of adequate size and dimension for the project and be free of pollutants. If streambed or other materials are removed from the bed of a stream, they must be removed from the area so they don't reenter the stream.
9. Equipment. List all equipment that will be used for construction of the project. Make sure your equipment is clean and free of excess grease, weeds, and weed seeds before using it in the waterway. To prevent the spread of whirling disease, remove all mud and aquatic plants from heavy machinery and other equipment before moving between waters and work sites. Drain water from machinery and let machinery dry before moving to another location.
10. Steps during construction and after to minimize impacts. Use the space provided to describe what you plan to do to minimize the impact of the proposed project during and after construction. Examples would include sediment fences along the bank or below the proposed work, coffer dams to direct flow away from the project area, fish friendly diversions or stream crossings, re-vegetating disturbed areas, timing of the project, or care in selection of sites and methods used to construct the project.
D. ADDITIONAL INFORMATION FOR SECTION 404, SECTION 10, AND FLOODPLAIN PERMITS Information in Section D is specific to Section 404, Section 10, and Floodplain permits. Answer Questions 1-4 if you are applying for a Section 404 or Section 10 permit from the US Army Corps of Engineers. Answer Questions 4-6 if you are applying for a Floodplain Permit from the local floodplain administrator. (Question 4 is required for both.)
• See definitions listed below for aquatic areas, wetlands, fill material, and how to calculate materials and impacted areas. • Indicate names and addresses and addresses of any nearby landowner(s) who may be affected by your project. • See definition of mitigation and compensatory mitigation below. • For floodplain permits, all permits must be in place before a floodplain permit can be issued. • If your project site is in a designated floodplain, the waterway will have a FEMA map number. Contact the county government in which your project will take place to obtain the number. • Check with the county government to see if there are special planning or zoning regulations.
Definitions: • Aquatic areas include (but are not limited to) rivers, streams, creeks, lakes, reservoirs, wetlands, wet meadows, oxbows, and sloughs. Named and unnamed drainages that flow intermittently, as well as streams with perennial flow, are aquatic areas (waters of the United States ). • Fill material refers to rock, sand, dirt, or any material that replaces an aquatic area with dry land, or changes the bottom elevation of a water body. Prohibited fill material includes junk metal, car bodies, construction debris, trash, etc. • Mitigation means avoiding and/or minimizing impacts to aquatic areas, and compensating for unavoidable impacts. Compensatory mitigation refers to replacing aquatic resources that have been lost, with similar aquatic resources. Compensatory mitigation may include creating new, restoring degraded, or enhancing existing aquatic areas. • Wetlands include areas that are inundated or saturated with water long enough to support vegetation typically adapted for life in saturated conditions. Wetlands are generally determined on a site-by-site basis. If you are not sure whether a wetland will be impacted by your proposed project, contact the Corps of Engineers. • To calculate impacted area , measure the length and width that the fill material will occupy. Length x width = area, usually expressed in square feet, square yards or acres. If your project involves a stream, measure the length of bank that will be affected on both sides of the stream. • To calculate the volume of material , measure the length, width, and depth of the fill material. Length x width x depth = volume, usually stated in cubic feet or cubic yards.
SIGNATURE REQUIREMENTS FOR THE U.S. ARMY CORPS OF ENGINEERS (Section 404 or Section 10 Permit Applications)
Applications submitted to the U.S. Army Corps of Engineers have certain signature/authorization requirements. On the signature portion of the application form, there are three signature lines. The Corps requires the signature of the applicant, landowner, and any agent acting on their behalf.
*If you are a landowner submitting this application and proposing to undertake a project on your own behalf, please sign and date both the “Signature of Landowner” and “Signature of Applicant” lines.
*If you are a consultant/contractor acting as an agent on behalf of a landowner, please sign and date only the line designated “Signature of Agent” and indicate your title. The landowner must sign and date the “Signature of Landowner” and “Signature of Applicant” lines to indicate authorization for you to act on his/her behalf.
*If a utility company submits this application , a representative of the company should sign and date the “Signature of Applicant” line. Landowner signatures are not required.
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Lincoln Conservation District Phone (406) 297-2233 • Fax (406) 297-7533
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