Legals September 9, 2018
No. 25655 NOTICE OF PUBLIC HEARING Notice is hereby given that the Kalispell City Council is considering an amendment to the Kalispell Growth Policy - Plan It 2035 to change the land use designation from Suburban Residential to Urban Mixed Use on 41 acres of land located within the south half of the north half of the southwest quarter of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Planning Board has considered the amendment, held a public hearing on August 14, 2018, and presented Resolution KGPA-18-02 to the Kalispell City Council recommending adoption of the amendment. The Kalispell City Council, on September 4, 2018, passed a Resolution of Intention to Adopt, Revise, or Reject a Recommended Amendment to the Kalispell Growth Policy - Plan It 2035. On September 17, 2018, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the Kalispell City Council will hold a public hearing regarding the proposed amendment to the Kalispell Growth Policy - Plan It 2035. The proposed amendment can be viewed on the city's website at www.kalispell.com/agendacenter or in the office of the City Clerk at 201 First Avenue East, Kalispell. Any person wishing to address the proposed amendment may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to citycouncil@kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Aimee Brunckhorst, CMC, City Clerk September 9, 16, 2018 MNAXLP __________________________
No. 25657 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HOLT ZONING DISTRICT The Board of Commissioners of Flathead County, Montana, hereby gives notice pursuant to Section 76-2-205(5), M.C.A., that it passed a Resolution of Intention (Resolution No. 533AH) on September 5th, 2018 to change the zoning designation in a portion of the Holt Zoning District from SAG-10 (Suburban Agricultural) to R-1 (Suburban Residential). The boundaries of the area proposed to be amended from SAG-10 to R-1 are described as: Parcel B of Certificate of Survey No. 18515, that portion of the Northwest Quarter of the Southwest Quarter of Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and R-1 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Holt Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 5th day of September, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman Pro-Tem September 9, 16, 2018 MNAXLP _________________________
No. 25658 PUBLIC NOTICE The Board of County Commissioners of Flathead County approved payroll and claims for payment in the amount of $6,649,574.00 for the period beginning August 1, 2018 and ending on August 31, 2018. The full and complete claim list is available for public view in the Finance Office, Flathead County Courthouse, 800 S Main, Room 214, Kalispell, Montana or online at https://flathead.mt.gov/finance/downloads.php. Individual requests for personal copies will be accepted by the Finance Office. Dated this 5th day of September, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman By: /s/ Debbie Pierson Debbie Pierson, Clerk & Recorder September 9, 2018 MNAXLP __________________________
No. 25659 PUBLIC NOTICE The proceedings for the Flathead County Board of Commissioners for the period of August 1, 2018 and ending August 31, 2018 are now available for public review. Individual requests for personal copies will be accepted by the Clerk to the Board, Flathead County Courthouse, 800 S Main, Room 302, Kalispell, Montana. Dated this 5th day of September, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman By: /s/ Debbie Pierson Debbie Pierson, Clerk & Recorder September 9, 2018 MNAXLP _________________________
No. 25650 NOTICE NOTICE TO GROUNDWATER USERS AND PROPERTY OWNERS: NOTICE OF HEARING FOR DESIGNATION OF A CONTROLLED GROUNDWATER AREA IN THE BURLINGTON NORTHERN SANTA FE SOMERS SITE (BNSF SOMERS CGWA) NEAR SOMERS, MT. A hearing before the Montana Department of Natural Resources and Conservation (DNRC) on proposed rules for a controlled groundwater area will be held on October 16, 2018, at 1:30 p.m., at the Department of Natural Resources and Conservation, North Western Land Office (NWLO) Conference Room (Room 149), 655 Timberwolf Parkway, Kalispell, MT, Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted in writing to Millie Heffner, Department of Natural Resources and Conservation, 1424 Ninth Avenue, PO Box 201601, Helena, MT 59620-1601; fax (406) 444-0533; or e-mail mheffner@mt.gov and must be received no later than 5:00 p.m. on October 16, 2018. Montana Code Annotated (MCA) § 85-2-506 authorizes the Department to designate temporary or permanent controlled groundwater areas. A petition to designate a controlled groundwater area was filed with the Department by Flathead City-County Board of Health (Flathead County's public health agency) (Petitioner) for the designation/modification of the Burlington Northern Santa Fe Railway Company Somers Controlled Groundwater Area (BNSF Somers CGWA). The Petitioner proposes to revise the permanent CGWA boundary and add more restrictive groundwater withdrawals for the BNSF Somers site, a former tie treating plant, for water quality concerns. The proposed restrictions on groundwater development are needed to protect human health and safety. The site covers an area approximately 0.135 square miles and is generally located in the unincorporated town of Somers. The boundaries are wholly within: SW Section 24, T27N, R21W; and NW Section 25, T27N, R21W, and further described as: a parcel of land located in the Southwest quarter of Section 24 and in the Northwest quarter of Section 25, Township 27 North, Range 21 West, P.M., M., Flathead County, Montana. For more particular description please see MAR 36-22-199 available by request or on the website listed below. The proposal notice of the rules for designation of the BNSF Somers CGWA will be published by the Secretary of State in the Montana Administrative Register on September 7, 2018. A copy of the proposal notice and other documents such as a map and Petition are available through DNRC's website at: http://dnrc.mt.gov/divisions/water/water-rights/controlled-ground-water-areas/burlington-northern-and-santa-fe-railway-companys-somers-railyard. The Department makes reasonable accommodation for any disability that may interfere with an individual's ability to attend this hearing. For consideration of any such accommodation, please contact Millie Heffner at 406-444-0581, no later than 5:00 p.m. on September 28, 2018. September 9, 19, 26, 2018 MNAXLP _________________________
No. 25654 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The Flathead County Floodplain Administrator has received the following Floodplain Development Permit application: FDP-18-25 A request by Dennis Mabbot on behalf of Norkota Builders, LLC to place structural fill on 24 lots with the Zone AE designated floodplain of the Flathead River. The subject properties are currently undeveloped and can legally be describe as Units 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 28, 29, 40, 41, ,42, 43, 44, 45, 47, 48, 49, 51, 55, and 56 of Swan Mountain Village Manufactured Home Park Townhouses in Section 03, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The complete application may be viewed at our office. Written or oral comments concerning the above requests should be directed to the Floodplain Administrator at the Flathead County Planning & Zoning Office, Earl Bennett Building, 40 11TH Street West, Suite 220, Kalispell, Montana 59901, (406) 751-8200. Comments should be received by 5:00 PM on Thursday, September 27, 2018 /s/ Mark Mussman Mark Mussman, CFM® Planning Director Flathead County Planning & Zoning September 9, 2018 MNAXLP __________________________
No. 25660 Public Notice Per the requirements of DEQ Opencut permit #650 LHC, Inc. is providing notification that the permitted extended hours of operation will be intermittently in effect Beginning September 20, 2018 Through October 31, 2018. Questions or concerns may be forwarded to LHC, Inc. PO Box 7338 Kalispell, MT 59904 (406) 758-6420. September 9, 2018 MNAXLP __________________________
No. 25642 Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 701-227-1841 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Betty J Layton Deceased Probate No. DP-18-177B Robert B Allison NOTICE OF HEARING NOTICE IS HEREBY GIVEN that Jason J. Henderson has filed an Application or Petition to be Formally Appointed Special Administrator of the Estate of Betty J Layton which may be examined in the office of the Clerk of this Court. Hearing has been set at the Courtroom of this Court in Kalispell, Flathead, Montana, on the 10th, day of October, 2018, at 1:30 o'clock p.m., at which time and place all interested person may appear and object. DATED August 29, 2018 Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 September 2, 9, 16, 2018 MNAXLP ________________________
No. 25661 Legal Notice Paramount Equipment, dba Montana Solid Rock, has applied to amend Operating Permit No. 00172 to include two additional quarry sites. Montana Solid Rock produces sandstone and decorative rock under the operating permit. The first site is known as Quarry 1 and is currently being mined by Montana Solid Rock under Small Miner Exclusion Statement No. 35-058. Quarry 1 is located in T2l N, R28W, Section 08 on the north side of Highway 200, approximately 6 miles east of Thompson Falls, Montana. The site consists of a small knob with a lower loadout/working area. Quarry 1 would have a permit area of 27 acres of which 14.5 acres would be disturbed. The second site is known as Quarry 4 and is currently being mined by Montana Solid Rock under SMES No. 35-058B. SMES Quarry 4 is located in T20N, R27W, Section 01 on the north side of Highway 200, approximately 6 miles west of Plains, Montana. The site consists of several small parallel ridges with a loadout/working area. Quarry 4 would have a permit area of 38 acres of which 20 acres would be disturbed. Copies of the amendment application and draft Environmental Assessment can be reviewed by the public at DEQ office at 1520 E. 6th Ave., Helena, MT, and will be posted on the DEQ web page: http: //deg.mt.gov/hard rock/default.mcpx Comments must be received by October 5, 2018. For more information on the project and to submit comments on the proposal, contact: Herb Rolfes Department of Environmental Quality Section Supervisor Hard Rock Mining Bureau P.O. Box 200901 Helena, MT 59620 (406) 444-3841 or hrolfes@mt.gov September 9, 2018 MNAXLP __________________________
No. 25638 PUBLIC NOTICE NO. MT-18-14 September 4, 2018 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department's intention to issue a wastewater discharge permit to the facility listed in this notice. This permit is issued by the Department under the authority of 75-5-402, Montana Code Annotated (MCA); the Administrative Rules of Montana (ARM) 17.30.1301 et seq., Montana Pollutant Discharge Elimination System (MPDES); and Sections 402 and 303 of the Federal Clean Water Act. The Water Protection Bureau has prepared a draft permit for the facility listed below. Copies of the draft permit, fact sheet, and environmental assessment are available upon request from the Water Protection Bureau or on the Department's website www.deq.mt.gov. APPLICANT INFORMATION APPLICANT: CHS, Inc. FACILITY NAME: Laurel Refinery FACILITY LOCATION: 802 Highway 212 South COUNTY: Yellowstone RECEIVING WATER: Italian Drain and Yellowstone River PERMIT NUMBER: MT0000264 This is a major modification of the MPDES permit for the CHS, Inc. - Laurel Refinery. The permit modification includes a proposed change to discharge directly into the Yellowstone River through one port of a double-port diffuser as well as an extension for meeting arsenic effluent limits from November 1, 2019 to November 1, 2022. PUBLIC COMMENT Public comments are invited ANYTIME PRIOR TO CLOSE OF BUSINESS October 4, 2018. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked PRIOR TO CLOSE OF BUSINESS October 4, 2018 will be considered in the formulation of final determinations to be imposed on the permits. If you wish to comment electronically, you may e-mail the Department at DEQWPBPublicComments@mt.gov. During the public comment period provided by the notice, the Department will accept requests for a public hearing. A request for a public hearing must be in writing and must state the nature of the issue proposed to be raised in the hearing (ARM 17.30.1373). The Department will respond to all substantive comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The complete administrative record, including permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. PUBLIC NOTICE NO. MT-18-14 September 4, 2018 September 9, 2018 MNAXLP __________________________
No. 25640 PUBLIC NOTICE INVITATION TO BID KALISPELL PUBLIC SCHOOLS LINDERMAN EDUCATION CENTER RENOVATION PROJECT Kalispell Public Schools, Flathead County, Kalispell, Montana is requesting Bids for the Linderman Education Center Renovation project expected to take place from the Fall of 2018 until the Winter of 2019. This project consists of some sitework, exterior concrete and masonry repairs, the addition of an elevator, classroom renovations and associated structural work, restroom demolition and replacement, replacement of all flooring and windows, new building hydronic heating system and electrical service replacement. There will be a Pre-Bid Conference at 3:30 PM on Wednesday, September 12, 2018. All bidders are to meet at the front entry (near the gym) of Linderman Education Center, located at 124 3rd Ave E, Kalispell, MT. The Pre-Bid Conference is not mandatory, but all bidders are strongly encouraged to attend. If a bidder does not visit the site at this time, no consideration shall be given to amend the contract due to unforeseen circumstances. All bidding questions should be directed to Shawn Baker at Swank Enterprises, at (406) 752-5411 or email to shawn@swankenterprises.com. The Contract Documents consisting Drawings and Project Manual may be viewed or obtained by either electronic documents on-line, or a hard copy at the office of Swank Enterprises, 750 West Reserve Drive, Kalispell, MT. Complete electronic Project Plans, Project Specifications, and Bid Proposal Packet are available at the following locations: Spokane Regional Plans Center, Montana Contractors Association (Helena), Northwest Montana Plans Exchange, Kalispell, Missoula Builders Exchange. Contact Kalispell Copy Center, Inc if a hard copy is desired (please note that charges will apply). Only firms obtaining documents by these methods will be placed on the Planholders List. Sealed Bids will be received by Gwyn Andersen, Director of Operations & Business Services, 233 First Avenue East, Kalispell, MT 59901, until 2PM (local time), Thursday, September 20, 2018. ONLY BIDS RECEIVED AT THE DISTRICT'S OFFICE WILL BE CONSIDERED. Facsimile Bids will not be considered. Bids will be publicly opened and read aloud on the same day at the same location. All Bids will be taken under advisement with final approval coming from the Board of Trustees of Kalispell Public Schools. All Sealed Bids must be plainly marked, "Linderman Education Center Renovation." All Bids must be submitted on the Bid Form found in the Specifications and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 30 days after the bid date. All Bids must include a Bid Guarantee of ten percent (10%) of the total basic Bid, and shall be submitted with the Bid in the form of lawful moneys of the United States, a cashiers check, certified check, bank draft or Bid Bond payable to the Owner, executed by an acceptable surety. A one-hundred percent (100%) Performance Bond and a separate Labor and Material Payment Bond will be required upon award of the contract. Montana Tax & Wage Rates: A 1% Montana Gross Receipts Construction Tax is applicable to this Project. The Montana State Prevailing Wage Rates are applicable to this Project. Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. Kalispell Public Schools reserves the right to reject any or all Bids and Alternates, to waive formalities and to accept the Bid(s) deemed most advantageous to them. Late Bids will not be opened. Shawn Baker Swank Enterprises 750 West Reserve Drive Kalispell, MT 59901 September 2, 9, 16, 2018 MNAXLP __________________________