Legals for July, 10 2022
No. 28752 Notice of Public Hearing and Comment Period on Water Quality Standards Rulemaking Before the Montana Department of Environmental Quality On June 3, 2022, the Department of Environmental Quality (department) initiated rulemaking on proposed NEW RULE I which implements statute at 75-5-320, MCA. The statute at 75-5-320, MCA, provides the department authority to adopt rules which describe criteria and procedures to issue temporary variances to water quality standards, under certain conditions. NEW RULE I sets forth these criteria and procedures, as well as the applicable conditions. The statute at 75-5-320, MCA, was adopted during the 2019 Regular Session of the Montana Legislature and provides the means for dischargers to qualify for water quality standards variances under state law and as provided in federal law at 40 CFR 131.14 (the federal regulation for water quality standards variances). For purposes of consistency with federal law, NEW RULE I also adopts 40 CFR 131.14 by reference. A water quality standards variance is a time-limited water quality standard for a specific pollutant(s) or water quality parameter(s) that reflects the highest attainable condition during the term of the variance. When a variance is approved, the goal remains full attainment of the underlying beneficial use and criterion from which the variance is sought, and all other applicable water quality standards not specifically addressed by the water quality standards variance remain applicable. NEW RULE I may be used to seek a temporary variance from a variety of different Montana water quality standards, both narrative and numeric, including those found in Department Circular DEQ-7. Under NEW RULE I, a variance may be granted based on one of six factors referenced at 40 CFR 131.14(b)(2)(i)(A)(1). On August 18, 2022, at 10:00 a.m., a public hearing will be held in room 111 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider NEW RULE I. You may also join the meeting virtually via Zoom. More information is available on the department's website, including instruction on how to attend remotely, at https://deq.mt.gov/public/publiccomment. 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 (see the MAR notice on the website for details). You are invited to submit data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Loryn Johnson, Paralegal, Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to loryn.johnson2@mt.gov , no later than 5:00 p.m., August 22, 2022. To be guaranteed consideration, mailed comments must be postmarked on or before that date. July 10, 17, 24, 2022 MNAXLP __________________________
No. 28729 ADVERTISEMENT FOR BIDS CORAM COUNTY WATER AND/OR SEWER DISTRICT 200,000 GALLON WATER STORAGE TANK Coram County Water and/or Sewer District is requesting Bids for the construction of the 200,000 Gallon Water Storage Tank. Bids for the construction of the Project will be received at the Office of Morrison-Maierle, Inc. located at 172 Timberwolf Parkway, Kalispell, MT 59901, until July 21, 2022 at 2:00 pm local time. At that time the Bids received will be publicly opened and read. The project generally consists of the construction of a 200,000-gallon bolted glass fused-to-steel or prestressed concrete storage tank and appurtenances, tank foundation preparation, grading, 10" PVC water main, valves, fittings, tank mixing system, security fence, site electrical, SCADA integration, and site restoration. Complete electronic Project Plans and Specifications are available at the Morrison-Maierle, Inc. website "www.m-m.net" by clicking on the "Contact Us" tab, then click "Projects Bidding," then click "View our current projects bidding page" and selecting this project from the project list which will direct you to the QuestCDN website. Documents can only be viewed and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click "Download Project PDF" and sign on to QuestCDN.com. Plan documents can be downloaded for a fee of $30.00. Please contact QuestCDN at 952-233-1632 or email "info@questcdn.com" for assistance in the free membership registration, downloading documents, and working with this digital project information. Hard copies of the Project Plans and Specifications are not available for purchase. Prospective Bidders must purchase contract documents and access the bid form through QuestCDN. Hard copy bids will not be accepted. QuestCDN will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through QuestCDN. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website. A pre-bid conference for the Project will be held on July 12, 2022 at 2:00 pm local time at the Coram-West Glacier Volunteer Fire Department, 10110 Highway 2 East, Coram, MT, 59936 (Corner of Highway 2 and Seville Lane). Attendance at the pre-bid conference is encouraged but not required. A bid may not be withdrawn after the scheduled time for the public opening of the Bids specified above unless it meets requirements and procedures outlined in the Instructions to Bidders. The right is reserved to reject any or all Proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days and to accept the lowest responsive and responsible bid which is in the best interest of the Coram County Water and/or Sewer District July 3, 10, 2022 MNAXLP __________________________
No. 28742 NOTICE OF HEARING ON APPROVAL OF PRELIMINARY BUDGET FOR FY23 NOTICE IS HEREBY GIVEN that the Big Mountain Sewer District, Flathead County, Montana intends to: Approve the preliminary budget for FY23. Details are available for public inspection by contacting Big Mountain Sewer District, bigmtsewerdist@gmail.com. The Big Mountain Sewer District Board will meet on the 14th day of July, 2022 at 9:30 a.m. in the Northern Lights Conference Room, Kandahar Lodge, 3824 Big Mountain Road, Whitefish, MT 59937. The meeting may also be attended via ZOOM, please contact bigmtsewerdist@gmail.com for ZOOM link. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget. Written comments are encouraged and will be reviewed by the Big Mountain Sewer District Board if received prior to the hearing. For further information please contact Leslie Bales, Administrative Manager, telephone 406-249-5669. Done by the Order of the Board of Directors of Big Mountain County Sewer District, Montana this 24th day of May, 2022. Big Mountain County Sewer District Leslie Bales, Secretary July 3, 10, 2022 MNAXLP __________________________
No. 28739 NOTICE OF PUBLIC HEARING BEFORE THE MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) DEQ will hold a public hearing for the Drinking Water and the Water Pollution Control State Revolving Fund (SRF) Loan Programs on Thursday, July 28, 2022, at 1:30 p.m. in Helena and online. DEQ invites public comment on the Intended Use Plans and proposed Project Priority Lists for State Fiscal Year 2023 for both SRF programs. The Intended Use Plans identify the intended uses of funds in the loan programs and describe how the goals of the programs will be satisfied. The Project Priority Lists identify projects that are eligible to be funded with loan monies authorized and appropriated to the State of Montana through Federal Fiscal Year 2022 funding. Public comments may be presented at the public hearing or sent to Mark Smith (marks@mt.gov), Drinking Water Revolving Fund Program Manager, or Mike Abrahamson (MAbrahamson@mt.gov), Water Pollution Control Revolving Fund Program Manager, PO Box 200901, Helena, Montana 59620-0901. Comments must be received or postmarked by Wednesday, August 10, 2022. In addition, communities wanting to add their proposed drinking water or water pollution control projects to either Project Priority List should contact DEQ prior to the hearing date. The public hearing will be held in-person in Helena at the DEQ Metcalf Building (1520 East Sixth Ave.), Room 111. A virtual option will also be available using Zoom. To find information on how to join the hearing virtually, or to view the Intended Use Plans, which contain the priority lists, contact DEQ at (406) 444-6697 or visit DEQ's website at: https://deq.mt.gov/News/publiccomment-folder/news-article13 The Department will make reasonable accommodations for persons with disabilities who wish to participate in this hearing. If you need an accommodation, please notify the Department no later than July 25, 2022, to advise us of your need. Please contact Candie Gernand: email Candice.Gernand@mt.gov, phone (406) 444-4643, fax (406) 444-6836. Greg Olsen, Acting Division Administrator Water Quality Division Department of Environmental Quality July 10, 2022 July 10, 2022 MNAXLP __________________________
No. 28721 NOTICE OF TRUSTEE'S SALE On October 26, 2022 at 11:00 AM, at the East Door, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, Brigham J. Lundberg, a member of the Montana State Bar, as successor trustee, will sell at public auction to the highest bidder, the following described real property situated in Flathead County, Montana, and described as follows: Parcel A of Certificate of Survey No. 14973, in that portion of the Northwest Quarter of Section 32, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, including, but not limited to all water, water wells, water rights, and ditch rights, whether represented by shares of capital stock in a ditch company or by individual ownership or otherwise, now existing or which may hereafter be acquired by Grantor, and all screens, storm windows and doors, window shades, inlaid floor coverings, wall-to-wall carpeting, furnaces, radiators, and all heating, air conditioning, lighting and lighting facilities, equipment and fixtures plumbing, propane/gas, electric, refrigerating and incinerating equipment of whatsoever kind and character which are now located or situated in or upon any of the buildings located on the above described premises, or shall hereafter be installed therein or thereon, or in or upon any building or buildings, fixtures and improvements thereon and all, rights-of-way, privileges thereunto belonging, now owned and hereafter acquired, however evidenced, used or enjoyed with said premises or belonging to the same, hereafter to be erected on the above described premises or any part thereof, and any substitutions for or any additions to any of said fixtures or equipment; now or hereafter installed upon or within said premises, used or proper or necessary to constitute the said premises a habitable, usable or operating unit-all of said property being designated and deemed for the purposes of this instrument a part of the realty; and together with all the improvements now on said lands, and all improvements and building materials that may be placed thereon; all right, title and interest hereafter acquired in or to any of said premises, hereby also releasing relinquishing and waiving all exemptions, rights of dower and homestead, in or to said premises, vested or inchoate and all rents, royalties, profits, other revenue, income and benefits arising from the use or enjoyment of all or any portion of the above described property, or from any contracts pertaining to the use or enjoyment of such property, SUBJECT HOWEVER, to the right, power and authority hereinafter conferred upon Beneficiary to collect and apply such rents, royalties, profits, revenue, income and other benefits. Parcel ID No.: 0977273 which has the address of 260 McMannamy Draw, Kalispell, MT 59901. Said sale will be made to satisfy the obligation secured by and pursuant to the power of sale conferred in the trust indenture/deed of trust ("Deed of Trust") dated December 3, 2018 and executed by Perkins Family Holdings, LLC, as grantor ("Grantor"), to First American Title Company, as trustee, in favor of Maitland Summit Development, LLC, as beneficiary ("Beneficiary"), and recorded on December 3, 2018 as Instrument No. 201800029140, with First Amendment recorded on January 30, 2020 as Instrument No. 202000002648, Second Amendment recorded on May 11, 2021 as Instrument No. 202100016352, and Third Amendment recorded on May 13, 2022 as Instrument No. 202200012386, official records of Flathead County, Montana. Brigham J. Lundberg ("Successor Trustee") is the successor trustee of the Deed of Trust pursuant to an Substitution of Trustee recorded on June 10, 2022 as Instrument No. 202200014740, official records of Flathead County, Montana. The Beneficiary has declared the Grantor in default of the terms of the Deed of Trust, amendments, and the promissory note ("Note") and its amendments, secured by the Deed of Trust and its amendments, because of the Grantor's failure to timely pay all monthly installments of principal, interest, and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust, and any amendments thereto. According to the Beneficiary, the obligation evidenced by the Note and its amendments is now due for the January 1, 2022 installment payment. As of May 31, 2022, the amount necessary to satisfy this obligation was $1,545,039.13. This amount includes the outstanding principal balance of $1,498,824.40, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any), and advances for the protection of the Beneficiary's security interest (if any). Due to the default stated above, the Beneficiary has elected, and has directed the Successor 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 warranties of title or possession, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale is subject to bankruptcy filing, payoff, reinstatement, or other circumstance that affects the validity of the sale. If the sale is set aside or the trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of funds paid to the successor trustee, and the successful bidder shall have no further recourse. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing or other court-ordered stay, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. The Grantor, the successor-in-interest to the Grantor, or any other person having an interest in the aforesaid property, at any time prior to the trustee's sale, may pay to the present Beneficiary the entire amount then due under the Deed of Trust and its amendments, 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 thereby cure the default theretofore existing. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. DATED: 6/17/2022 /s/ Brigham J. Lundberg Brigham J. Lundberg, Successor Trustee Lundberg & Associates, PC 3269 S. Main St., Ste. 100, Salt Lake City, UT 84115 801-263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. June 26, July 3, 10, 2022 MNAXLP __________________________
No. 28750 LIBRARY BOARD VACANCY The Flathead County Commissioners are seeking citizens who are interested in serving on the Flathead County Library Board of Trustees. There is currently a one-year vacancy that runs July 1, 2022 to June 30, 2023. The job description can be viewed at https://imagineiflibraries.org/wp-content/uploads/2020/08/board-of-trustees_job-description.pdf. An application packet is required and is available by calling Teri Dugan at 758-5821. Your letter of interest and application packet should be submitted to the Flathead County Commissioners' Office, 800 South Main, Room 302, Kalispell, MT 59901 or emailed to dmagar@flathead.mt.gov no later than 4:30 p.m. on Monday, August 1, 2022. July 10, 24, 2022 MNAXLP __________________________