Legals September 22, 2019
No. 26505 Notice of Amendment to FY 2020 Budget, Coram-West Glacier VFD The Coram-West Glacier Volunteer Fire District is hereby giving notice of a public hearing to amend the budget for FY 2020. The meeting for consideration of the budget amendment will be held at the West Glacier Fire Hall, 100 REA Ln., West Glacier, MT, September 24, 2019. Any taxpayer or resident may appear at the meeting and be heard for or against any part of the proposed budget amendment. The budget amendment has been placed on file with the Coram-West Glacier Board of Trustees and is open for inspection. September 16, 22, 2019 MNAXLP __________________________
No. 26449 NOTICE OF PUBLIC HEARING BIGFORK ZONING DISTRICT The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request by Darrel and Loretta Coverdell to change the zoning designation in a portion of the Bigfork Zoning District from SAG-5 (Suburban Agricultural) to B-3 (Community Business) on Lot 1A of the amended plat of Flathead Swan Junction Unit #2 and from B-3 (Community Business) to SAG-5 (Suburban Agricultural) on Lot 2A of the amended plat of Flathead Swan Junction Unit #2. The boundaries of the areas proposed to be amended from SAG-5 (Suburban Agricultural) to B-3 (Community Business) and from B-3 (Community Business) to SAG-5 (Suburban Agricultural) are described as: Lots 1A and 2A of the Amended Plat of Flathead Swan Junction Unit #2 in Section 13, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-5 and B-3 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and online at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 10th day of October, 2019 at 9:30 a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Bigfork Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if Received in the Commissioners' Office at least three business days prior to the hearing. DATED this 19th day of August, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman September 22, 29, 2019 MNAXLP _________________________
No. 26500 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION RURAL WHITEFISH 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. 2417N) on September 10, 2019 to change the zoning designation in a portion of the Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) are described as: Tract 1 of Certificate of Survey No. 15010 located in Government Lot 4 (NW4NW4) of Section 2, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. Tract 1 of Certificate of Survey No. 15802 located in the South Half of the Northwest Quarter of Section 2, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, Courthouse, 800 South Main, Room 302, 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 Rural Whitefish 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 10th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman September 15, 22, 2019 MNAXLP ______________________
No. 26506 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HIGHWAY 93 NORTH 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. 837DU) on September 12, 2019 to change the zoning designation in a portion of the Highway 93 North Zoning District from SAG-5 (Suburban Agricultural) and AG-40 (Agricultural) to R-2.5 (Rural Residential). The boundaries of the area proposed to be amended from SAG-5 (Suburban Agricultural) and AG-40 (Agricultural) to R-2.5 (Rural Residential) are described as: Parcel B of Certificate of Survey No. 18866, located in those portions of the Southeast Quarter of the Southeast Quarter of Section 11, and in the Northeast Quarter of the Northeast Quarter of Section 14, all in Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-5, AG-40 and R-2.5 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 online 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 Highway 93 North 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 12th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman September 15, 22, 2019 MNAXLP __________________________
No. 26508 NOTICE OF PUBLIC HEARING: PETITION NO. 506 - PROPOSED ABANDONMENT OF PUBLIC ALLEY RIGHT-OF-WAY OFF OF SHADY GLEN DRIVE Notice is hereby given that the Board of Viewers has reported to the Flathead County Board of Commissioners on the proposed abandonment of a certain public alley right-of-way that can legally be described as follows: A tract of land in the southeast one-quarter of Section 8, Township 28 North, Range 21 West, principal meridian, Flathead County, Montana, more particularly described as follows: Beginning at the southeast corner of Lot 9 of Block 1 of Phillips Addition to Kalispell, Montana, according to the plat thereof on file and of record in the office of the Clerk and Recorder, County of Flathead, State of Montana; thence N0°59'28"E for 52.98 feet; thence S89°03'00"E for 12.00 feet; thence S0°59'28"W for 52.98 feet; thence N89°03'00"W for 12.00 feet; to the Point of Beginning, containing 0.01 acres, more or less. Notice is hereby given to the petitioners or landowners, as disclosed by the last assessment roll of Flathead County, owning land abutting the right-of-way at the public alley, as described above, that it is being considered for abandonment. The public hearing on this petition for the proposed abandonment is set for 10:15 o'clock AM on September 30, 2019 in the Commissioners' Chambers, Third Floor, County Courthouse, 800 South Main, Kalispell, Montana. For further information, please call 758-5537. DATED this 12th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairperson September 15, 22, 2019 MNAXLP _____________________
No. 26511 RESOLUTION NO. 2500 RESOLUTION OF INTENTION TO SELL ROAD GRADERS TO LAKE COUNTY WHEREAS, pursuant to § 7-8-101, M.C.A., a county may sell or trade to any city, town, or political subdivision, as the interests of its inhabitants require, any property, however held or acquired, that is not necessary for the conduct of the county business; WHEREAS, Flathead County owns and possesses one 1998 Caterpillar 140H Motor Grader and one 2003 Caterpillar 143H Motor Grader that the Flathead County Board of Commissioners deem to not be necessary for the conduct of Flathead County business; WHEREAS, the Lake County Board of Commissioners wish to purchase the two graders for $66,250.00 each; and WHEREAS, the Flathead County Board of Commissioners has determined that the sale price of $66,250.00 per grader is appropriate; NOW THEREFORE, IT IS HEREBY RESOLVED that the Flathead County Board of Commissioners intend to sell one 1998 Caterpillar 140H Motor Grader and one 2003 Caterpillar 143H Motor Grader to Lake County, Montana, at the price of $66,250.00 per grader. The Flathead County Board of Commissioners shall meet on October 7, 2019 at 9:00 o'clock a.m., local time, at the Commissioners' Chambers, 3rd Floor Old Courthouse, 800 South Main, Kalispell, Montana, to consider a resolution authorizing the sale of the two graders to Lincoln County, Montana. Further information regarding this possible sale can be obtained by contacting Corey Pilsch, 1249 Willow Glen Drive, Kalispell, Montana, (406) 758-5790. This Resolution of Intention to Sell Road Graders to Lake County shall be published as provided in § 7-1-2121, M.C.A. DATED this 16th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Member By: Not available for signature Randy L. Brodehl, Member September 22, 29, 2019 MNAXLP __________________________
No. 26486 NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN by GRANT S. SNELL, as successor Trustee, of the public sale of the real property hereinafter described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: THE NAME OF THE GRANTORS, ORIGINAL TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTORS, ANY SUCCESSOR TRUSTEE, AND THE PRESENT RECORD OWNER IS/ARE: Grantors: Jon A. Dews and Patricia H. Dews ("Grantor") Trustee: Grant S. Snell (the "Trustee") Beneficiary: Richard G. Dews (the "Beneficiary") Present Record Owner: Patricia H. Dews THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Flathead County, Montana, more particularly described as follows: Lot 6 of Block 1 of Monte Vista, according to the map or plat thereof on file and of record in the office of the clerk and recorder of Flathead County, Montana. Excepting therefrom that portion conveyed to the Montana Department of Transportation in Bargain and Sale Deed recorded May 30, 2002 as Doc. No. 2002-150-09000. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Flathead County, Montana. Deed of Trust dated August 1, 2018, and recorded August 2, 2018, under Instrument No. 2018-000-17057, records of Flathead County, Montana THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: The loan has matured and the borrower is due in full for all principal, interest and fees. THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AS OF JULY 18, 2019, ARE: Principal: $207,000.00 Interest: Interest continues to accrue at a rate of 2.760% per annum. As of July 18, 2019, the interest balance is $86,453.18 and interest accrues at the rate of $15.65 per day. Late fees: $0.00 The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantors or successor in interest to the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the Trustee's and attorney's fees, and costs and expenses of sale. THE TRUSTEE, AT THE DIRECTION OF THE BENEFICIARY, HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: December 12, 2019 Time: 11:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: At the offices of Crowley Fleck PLLP, 1667 Whitefish Stage #101, Kalispell, MT 59901. Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee's Deed. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. Dated this 31st day of July, 2019. /s/ Grant S. Snell GRANT S. SNELL Trustee STATE OF MONTANA :ss. County of Flathead This instrument was acknowledged before me on the 31st day of July, 2019, by Grant S. Snell, as Trustee. /s/ Kelly A. Baisch Printed name:Kelly A. Baisch Notary Public for the State of Montana Residing at: Kalispell, Montana My commission expires: July 17, 2022 File No.: 025419-000001 September 8, 15, 22, 2019 MNAXLP __________________________
No. 26520 Notice of Close of Regular Voter Registration and Option for Late Registration Notice is hereby given that regular* registration for the Kalispell Municipal General Election(s) to be held on November 5, 2019 will close at 5:00 p.m., on October 7, 2019. *NOTE: If you miss this regular registration deadline, you may still register for the election by showing up at the county election office up to and including on Election Day. Between noon and the close of business on the day before Election Day, you can complete and submit a voter registration card, but you will need to return to the local election office on Election Day to pick up and vote a ballot. All active and inactive**electors of City of Kalispell are entitled to vote at said election. **Inactive electors may reactivate by appearing at the polling place. Trade Center at Flathead County Fairgrounds in order to vote, by requesting an absentee ballot in any election, or by completing a new voter registration form available at the Flathead County Election Office or on the Election Department's website, https://flathead.mt.gov/election and returning it to the Election Department by October 7th. Address: 40 11th St West #230, Kalispell, MT 59901 Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing at the county election office. If you have moved, please update your registration information by filling out a new voter registration card and submitting it to the county election office. DATED this 16th day of September 2019. Debbie Pierson Flathead County Election Administrator By: /s/Monica R. Eisenzimer Clerk & Recorder Manager Updated September 6, 2017 September 22, 29, October 6, 2019 MNAXLP __________________________
No. 26485 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on December 30, 2019, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 77 of Buffalo Stage Phase III, according to the official plat thereof, filed in Official Records of Flathead County, Montana.. More commonly known as 14 Bruyer Way, Kalispell, MT 59901. Meegan R. Berreth, as Grantors, conveyed said real property to Alliance Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for American Homestead Mortgage, its successors and assigns , by Deed of Trust on February 6, 2008, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on February 11, 2008 as Instrument No. 200800003719, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Selene Finance LP Assignment Dated: March 22, 2019 Assignment Recorded: April 1, 2019 Assignment Recording Information: as Instrument No. 201900006003 All in the records of the County Clerk and Recorder for Flathead County, Montana Brian J. Porter is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on August 9, 2019 as Instrument No. 201900018246, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor's failure to make monthly payments beginning June 1, 2018, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $305,174.57, interest in the sum of $17,133.60, escrow advances of $8,075.44, other amounts due and payable in the amount of $3,052.71 for a total amount owing of $333,436.32, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, has the right, at any time prior to the Trustee's Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 21st day of August, 2019. Brian J. Porter, Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 54183 September 8, 15, 22, 2019 MNAXLP __________________________
No. 26487 Jason J. Henderson MACKOFF KELLOGG LAW FIRM 38 2nd Ave E Dickinson, ND 58601 Phone: 701-227-1841 Fax: 701-225-6878 Attorney for the Plaintiff jhenderson@mackoff.com MT Bar #11414 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY Federal National Mortgage Association, Plaintiff vs. Dennis M. Pewitt; Dorothy E. Pewitt; Constance S. Davis, and all persons known or unknown claiming an interest to the property, Defendants. Cause No. DV-15-2018-0000151 SUMMONS FOR PUBLICATION THE STATE OF MONTANA TO THE ABOVE NAMED DEFENDANTS, DENNIS M. PEWITT AND DOROTHY E. PEWITT: You are hereby summoned to answer the Complaint in this action, which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your Answer and serve a copy thereof upon the Plaintiff's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear or Answer, Judgment will be taken against you by default for the relief demanded in the Complaint. This action relates to a declaratory judgment and easement action involving the following described real properties in the County of Flathead, State of Montana: 1) That portion of the NW 1/4 of the NE 1/4 in Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana described as follows: Commencing at the North Quarter corner of Section 27 at a found brass cap; thence South 40°25`32" East a distance of 484.29 feet to a set 5/8" rebar on the centerline of an existing 60` road and utility easement and the True Point of Beginning; thence along said easement the following three courses: Thence at a point of curvature, along a curve to the right with a radial bearing of South 66°59`12" East, a radius of 186.59 feet through a central angle of 72°13`56", for an arc length of 235.23 feet to a set 5/8" rebar and to a point of curvature; thence on a curve to the left with a radial bearing of South 05°14`45" West, a radius of 116.11 feet; through a central angle of 70°23`17" for an arc length of 142.64 feet, to a set 5/8" rebar and a point of tangency having a radial bearing of South 65°08`33" East; thence North 24°51`27" East a distance of 61.02 feet to a set 5/8" rebar; thence leaving said easement South 64°49`00" East a distance of 466.68 feet to a set 5/8" rebar; thence South 33°52`15" West a distance of 459.09 feet to a set 5/8" rebar; thence North 55°14`52" West a distance of 604.74 feet to a set 5/8" rebar, which point is on the centerline of said easement and the Point of Beginning. Parcel A of Certificate of Survey No. 15253. TOGETHER WITH a non-exclusive easement for ingress and egress and utility purposes over and across the grantors remaining property in the NW1/4 NE1/4 as depicted on Certificate of Survey No. 15253. 2) The Northwest quarter of the Northeast quarter of Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana. Excepting therefrom Parcel A of Certificate of Survey No. 15253, Records of Flathead County, Montana. 3) The East half of the Southwest quarter of the Northeast quarter of Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Tract 23 of Certificate of Survey No. 3346 Excepting therefrom Parcel 2 of Certificate of Survey No. 18715, Records of Flathead County, Montana. 4) A tract of land situated, lying and being in the Southwest quarter of the Northeast quarter and in the East half of the Northwest quarter of Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Tract 1 of Certificate of Survey No. 19222. WITNESS my hand and seal of said Court, this 3 day of September, 2019. Peg L. Allison, Clerk of the District Court By /s/ Ayla Hill Dated this 28th day of August, 2019. MACKOFF KELLOGG LAW FIRM 38 Second Ave E Dickinson ND 58601 Phone: 701-227-1841 Fax: 701-225-6878 Attorney for the Plaintiff jhenderson@mackoff.com MT Bar #11414 By /s/ Jason J. Henderson, Attorney September 8, 15, 22, 2019 MNAXLP _________________________
No. 26489 Notice of Public Hearing on Proposed Amendment of Water Quality Standards Before the Montana Department of Environmental Quality On October 22, 2019, at 1:00 p.m., the Department of Environmental Quality (department) will hold a public hearing in Room 111 of the Metcalf Building, 1520 E. Sixth Avenue, Helena, Montana, to consider the proposed amendment of Administrative Rules of Montana (ARM) 17.30.660, pertaining to nutrient standards variances. The proposed amendments are necessary to incorporate by reference proposed changes to Department Circular DEQ-12B (DEQ-12B). The department is proposing to revise DEQ-12B to respond to the U.S. District Court for the District of Montana's Order in Upper Missouri Waterkeeper v. U.S. EPA, Case No. CV-16-52-GF-BMM (July 16, 2019). While the Court found significant portions of the general nutrients standards variance to be lawful and supported by the record, the Court partially vacated and remanded a portion of EPA's approval of the general variance found in DEQ-12B. The Court then stayed this vacatur and provided the department 120 days from the date of the Order to adopt a revised general variance timeline, and provided U.S. EPA 90 days to complete its review of these changes. The Court did not vacate EPA's approval of the department's findings concerning widespread economic and social impacts, nor did it vacate approval of the treatment requirements found in Table 12B-1 of DEQ-12B (what the Court refers to as the "Current Variance Standard" or "highest attainable condition"). This rulemaking is only intended to address the specific concerns of the Court related to (a) the timeline necessary to meet the Table 12B-1 treatment requirements and (b) the timeline and process necessary to meet the base numeric nutrient standards contained in Department Circular DEQ-12A. The rulemaking will allow continued use and application of the general variance for eligible dischargers and will prevent the related economic and social harm from requiring immediate compliance with the base numeric nutrient standards. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., October 15, 2019, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. 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 to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt.gov, no later than 5:00 p.m., October 22, 2019. To be guaranteed consideration, mailed comments must be postmarked on or before that date. A copy of proposed Department Circular DEQ-12B (November 2019) may be viewed at the department's website: http://deq.mt.gov/water/drinkingwater/standards/#menu4. Copies may also be obtained by contacting Mike Suplee at (406) 444-0831 or msuplee@mt.gov. September 15, 22, 29, 2019 MNAXLP __________________________
No. 26454 NOTICE OF SALE OF REAL ESTATE NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: A tract of land being situated in the SW1/4NW1/4 of Section 28, Township 31 North, Range 19 West, P.M., M., Flathead County, Montana, more particularly described as Lot 2A of the Amended Plat # 20190046, Document # 201900013473, to Lots 2, 3, 4, & 5 of Nita's Bide A Wee Tracts, containing an area of 0.68 acres, more or less. The auction will be held beginning at 11:30am on Thursday, October 10, 2019 in Conference Rooms A & B on the 2nd floor of the Flathead City County Health Dept. aka Earl Bennett Building, 1035 1st Ave. W., Kalispell, Montana. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of this land is $56,450.00. Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the "Detailed Terms and Conditions" of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Montana Department of Transportation, Attn: Jenna Bousman, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620- 1001, phone (406) 444-9272 or TTY 1-800-335-7592 for the hearing impaired. STATE OF MONTANA - DEPARTMENT OF TRANSPORTATION Right-of-Way Bureau Helena, Montana September 1, 4, 8, 11, 15, 18, 22, 25, 29, October 2, 6, 9, 2019 MNAXLP __________________________