Legals December 19, 2018
No. 25858 Public Notice K255CH, Kalispell, MT FAC# 153577 On 10/18/2018, an application seeking consent to the assignment of license of FM translator station K255CH was tendered for filing with the Federal Communications Commission. The station is licensed to Edgewater Broadcasting, Inc. to serve the area of Kalispell, MT. The proposed assignee is Educational Media Foundation. K255CH operates on channel 255 with 0.034 kilowatts of power from a transmitter located at 48-09-57 N, 114-19-49 W. K255CH rebroadcasts KLKM, Kalispell, MT on channel 204. December 19, 2018 MNAXLP __________________________
No. 25862 NOTICE OF SALE FOR STATE SCHOOL TRUST LAND The Dept. of Natural Resources and Conservation (DNRC) will offer the following parcel of state land located in Flathead County for sale at public auction on Tuesday, January 29, 2019 at 1:00 PM at DNRC's Northwestern Land Office at 655 Timberwolf Parkway, Suite 1, in Kalispell, Montana under terms and conditions provided herein. Sale No. 922 Acres: 1.789± Legal Description: Lot 7, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land: $340,000 Value of Improvements on Property: $386,000 Location: 460 McGregor Lane, Marion, MT 59925 BID PARTICIPATION A bid packet containing an Offer to Purchase and Bid Deposit Receipt Form and Invitation to Purchase State Land at Public Oral Auction and General Terms & Conditions for Sale is available on DNRC's website, http://dnrc.mt.gov/cabinsitesales or from DNRC upon request. For Open House dates, go to http://dnrc.mt.gov/cabinsitesales. All persons wishing to participate in the auction must submit a bid deposit postmarked by 5:00 PM on Wednesday, January 9, 2019. The bid deposit must be in the form of a certified check made payable to DNRC equal to five percent (5%) of the minimum bid indicated for that parcel and submitted with a completed Offer to Purchase and Bid Deposit Receipt Form. Failure to submit the bid deposit or Offer to Purchase and Bid Deposit Receipt Form as provided herein will prohibit participation in the auction. All Offer to Purchase and Bid Deposit Receipt Forms and payments must be sent to: DNRC, Attn: Renee Kelley, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. TERMS OF SALE for SALE No. 922: 1. The improvements and any other personal property on the cabin/home sites are owned by the lessee or other 3rd party. The successful bidder shall be required to pay the appraised value of the improvements in addition to the purchase price of the cabin/home site determined by the highest bid at the auction in accordance with MCA §77-2-318. 2. The minimum acceptable bids for the land are the values indicated above. 3. The parcel will be sold to the high bidder of that parcel. However, the current lessee of the parcel shall retain the option to exercise their preference right for purchase by matching the high bid for that parcel. If that right is exercised, the lessee will be deemed the purchaser of the parcel. If the preference right is not exercised, the high bidder shall be deemed to be the purchaser. The high bidder will be responsible to pay the lessee for the value of improvements located on the property. 4. In addition to the purchase price for each parcel and the purchase of the improvement, the purchaser shall also be responsible for the following costs (if applicable to that particular sale) including, but not limited to: Advertising, Appraisal, Filing Fees, Water Right Transfers, Cost of Closing. All inquiries, bid deposits, or requests for forms must be sent to: DNRC, Attn: Renee Kelley, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. December 19, 26, 2018 January 2, 9, 2019 MNAXLP __________________________
No. 25854 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: FEBRUARY 1, 2019. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76LJ 30116427 Owners: CRAIG FAMILY TRUST 22515 S WESTERN AVE TORRANCE, CA 90501 ALLISON A JOHNSON 463 TAMARACK CREEK RD WHITEFISH, MT 59937 Priority Date: MAY 3, 2018 at 01:20 P.M. Purpose (use): FISHERY Maximum Flow Rate:50.00 GPM Maximum Volume: 12.37 AC-FT Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec SESENW; Sec 13; Twp 31N; Rge 23W; County FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: WELL Well Depth: 180.00 FEET Static Water Level: 6.00 FEET Casing Diameter: 8.00 INCHES Reservoir: OFF STREAM Qtr Sec N2; Sec 13; Twp 31N; Rge 23W; County FLATHEAD Depth: 7.00 FEET Surface Area: 6.97 ACRES Current Capacity: 24.40 ACRE-FEET Purpose (Use): FISHERY Period of Use: JANUARY 1 to DECEMBER 31 Volume: 12.37 AC-FT Place of Use: County FLATHEAD ID 1; Qtr Sec E2SENW; Sec 13; Twp 31N; Rge 23W; ID 2; Qtr Sec E2NENW; Sec 13; Twp 31N; Rge 23W; ID 3; Qtr Sec W2NWNE; Sec 13; Twp 31N; Rge 23W December 19, 2018 MNAXLP __________________________
No. 25855 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: FEBRUARY 1, 2019. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76LJ 30116429 Owners: CRAIG FAMILY TRUST 22515 S WESTERN AVE TORRANCE, CA 90501 ALLISON A JOHNSON 463 TAMARACK CREEK RD WHITEFISH, MT 59937 Priority Date: MAY 3, 2018 at 01:20 P.M. Purpose (use): FISHERY Maximum Volume: 33.20 AC-FT Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: County FLATHEAD Diversion Means: DEVELOPED SPRING Period of Diversion: JANUARY 1 TO DECEMBER 31 ID 1; Qtr Sec E2SENW; Sec 13; Twp 31N; Rge 23W; ID 2; Qtr Sec E2NENW; Sec 13; Twp 31N; Rge 23W; ID 3; Qtr Sec W2NWNE; Sec 13; Twp 31N; Rge 23W Reservoir: OFF STREAM Qtr Sec N2; Sec 13; Twp 31N; Rge 23W; County FLATHEAD Depth: 7.00 FEET Surface Area: 6.97 ACRES Current Capacity: 24.40 ACRE-FEET Purpose (Use): FISHERY Volume: 33.20 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: County FLATHEAD ID 1; Qtr Sec E2SENW; Sec 13; Twp 31N; Rge 23W; ID 2; Qtr Sec E2NENW; Sec 13; Twp 31N; Rge 23W; ID 3; Qtr Sec W2NWNE; Sec 13; Twp 31N; Rge 23W December 19, 2018 MNAXLP __________________________
No. 25856 PUBLIC OPPORTUNITY TO PROTEST ONE ORIGINAL NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Gregory A. Johnson, Sole Proprietor has applied for One Original New Montana All-Alcoholic Beverages License No. 07-999-2690-001 to be operated at The Dining Room at Dog Creek, 8775 US Highway 93 North, Olney, Flathead County. The public may protest this new license in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Lake, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-999-2690-001) and the applicant's name (Gregory A. Johnson, Sole Proprietor); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before January 21, 2019. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Olney. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or pkautz@mt.gov. December 19, 26, 2018 January 2, 9, 2019 MNAXLP __________________________