Legals for July, 17 2022
No. 28770 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re the Petition of Colstrip Energy Limited Partnership to Set Terms and Conditions for a Qualifying Small Power Production Facility Pursuant to M.C.A. § 69-3-603 Docket 2022.07.073 July 13, 2022 Notice of Petition and Intervention Deadline On July 1, 2022, Colstrip Energy Limited Partnership ("CELP") filed with the Montana Public Service Commission ("Commission") its Petition to Set Terms and Conditions for a Qualifying Small Power Production Facility Pursuant to M.C.A. § 69-3-603 ("Petition"). CELP owns and operates the Rosebud Power Plant, which is a coal refuse fired electric generation facility that has been certified as a qualifying small power production facility under the Public Utility Regulatory Policies Act of 1978. CELP's Petition asks the Commission to set terms and conditions of a power purchase agreement with NorthWestern Energy. A copy of the filing is publicly available at the Commission's business offices, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601, and online at the Commission's website (http://psc.mt.gov) under Docket No. 2022.07.073. A copy of the filing may also be available at the office of the Montana Consumer Counsel ("MCC"), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the Commission's website to be added to the Watch List for notice of filings in this docket (http://eddi.mt.gov, create OKTA account, and, under "Watch List" tab, enter Docket No. 2022.07.073). The Commission invites any interested party affected by CELP's filing to intervene in this docket. To intervene, a party must file a petition to intervene with the Commission no later than July 28, 2022. A party seeking intervention must file an electronic petition on the Commission's website at http://eddi.mt.gov. All filings must be made in EDDI and hard copies are not required. A party seeking intervention must also mail a copy of the petition to MCC at the address stated above, and to CELP's attorney, Thorvald Nelson, Holland & Hart LLP, 555 Seventeenth Street, Suite 3200, Denver, Colorado 80202. The Commission invites members of the public who do not wish to formally intervene to submit written public comments on the matter to the Commission at 1701 Prospect Ave., P.O. Box 202601, Helena, MT 59620; through the Commission's website at http://psc.mt.gov (select "Documents & Proceedings" tab; select "Comment on a Proceeding"; select "Continue as Guest"; complete form; select "Submit"); or by email to pschelp@mt.gov. The Commission's jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules, and any prior orders of the Commission relevant to the issues presented. DONE and DATED this 13th day of July, 2022, by the Montana Public Service Commission. JAMES BROWN, President BRAD JOHNSON, Vice President TONY O'DONNELL, Commissioner RANDALL PINOCCI, Commissioner JENNIFER FIELDER, Commissioner July 17, 2022 MNAXLP __________________________
No. 28769 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, August 2 2022, beginning at 6:00 PM in the 2nd floor conference room of the South Campus Building, 40 11th Street West, Suite 200 , Kalispell, Montana. Individuals that would like to participate via Zoom meeting may do so by following the instructions below. To access the meeting and give oral public comment, please follow the instructions below. Join Zoom Meeting https://us06web.zoom.us/j/84062421983 Meeting ID: 840 6242 1983 One tap mobile +13462487799,,84062421983# US (Houston) +16694449171,,84062421983# US Dial by your location +1 346 248 7799 US (Houston) +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 840 6242 1983 Find your local number: https://us06web.zoom.us/u/keDwGGp1Zq You will be instructed during the meeting when the public comment period is open for each agenda item. You can join the event starting at 5:45 p.m. on August 2, 2022. A request from C Holdings, LLC for an after-the fact zoning variance to Section 3.24.040(4)(A) of the Flathead County Zoning Regulations (FCZR), to the front yard setback for a structure. The subject property is zoned BS (Business Service) and is located at 3905 Highway 40 near Columbia Falls, MT within the Rural Whitefish and Scenic Corridor Zoning Districts. The property can legally be described as Lot 4 of LSL Subdivision in Section 9, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. The public hearing was closed at the June 7, 2022 Board of Adjustment meeting for this agenda item. A request from Russell Kingman & Rebecca Schaer-Kingman, for the establishment of 'Short-term Rental Housing' on property located within the Highway 93 North Zoning District. The property is located at 840 KM Ranch Road, near Whitefish, MT and is zoned AG-40 (Agricultural)). Per Section 2.06.045(5) of the Flathead County Zoning Regulations (FCZR), if written opposition from adjacent property owners was received prior to the end of the comment period and the expressed concerns of opposition cannot be resolved by the applicant or by conditions of approval, the Flathead County Board of Adjustment is required to review the request. The property contains approximately 46 acres and can legally be described as Tracts 1AA and 3AAA in the Northeast and the Northwest Quarter of the Southwest Quarter in Section 26, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. A request from Breckenridge Surveying and Mapping, PLLC, on behalf of Kathleen Pacitto for a Conditional Use Permit for a 'Church and other place of worship' on property located at 317 Helena Flats Road, Kalispell, MT. The property is located within the Evergreen Zoning District and is zoned R-3 (One-Family Residential). The total acreage involved in the request is approximately 3.748 acres that can legally be described as Lot 2 in Subdivision 289 in the Northwest Quarter of the Southeast Quarter in Section 34, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A request from Sandstrom, LLC for a variance to Section 3.12.040(4) of the Flathead County Zoning Regulations (FCZR), to the maximum height for a principal and accessory structure. The subject property is zoned R-3 (One-Family Residential) and is located at 120 Sun Rise Drive, Whitefish, MT within the Rural Whitefish Zoning District. The property can legally be described Tract 5 in Section 27, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. An appeal by Georgia G. Otten, Paul Roybal, and Foy's Grandview Estates, regarding the Zoning Administrator approval of an Administrative Conditional Use Permit (FACU-22-47) on June 2, 2022, for short-term rental housing. The property is located at 44 Roybals Way, Kalispell, MT within the Lower Side Zoning District and contains approximately 1.02 acres. The property is zoned R-1 (Suburban Residential) and can legally be described as Lot 2 of Foy's Grandview Estates in Section 23, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, August 2, 2022. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting the Flathead County Planning & Zoning Office at 406-751-8200 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. Erik K Mack, AICP® Planning Director July 17, 2022 MNAXLP __________________________
No. 28771 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOR EST Stewardship Proposal Due Date: 2:00 p.m., August 16, 2022 The Frozen Moose Stewardship Contract is located within portions of sections 5 and 6, T35N, R21W; portions of sections 2, 3, 4, 10, 11, PB 37, PB 38, and PB 40, T35N, R22W; a portion of sections 19, 31, and 32, T36N, R21W; and portions of sections 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, PB 44 and PB 45, T36N, R22W, Flathead County, State of Montana, PMM. The Forest Service will receive SEALED bids and technical proposals at the Forest Supervisor's Office, Kalispell, MT at 2:00 PM local time on August 16, 2022 for an estimated volume of 25,168 Tons of lodgepole pine sawtimber and 37,094 Tons of Engelmann spruce and other species of sawtimber marked or otherwise designated for cutting. There is also 15,618 Tons of non-sawtimber that will be sold at a fixed rate. Bids will be opened and evaluated in private and will not be opened to the public. Bids will be evaluated on a "best value" basis. Bidders will submit separate bids for timber stumpage, and for the cost of Stewardship Projects. The costs of Stewardship Projects will be offset against stumpage paid, as work on the Stewardship Projects is completed. The Forest Service reserves the right to reject any and all bids. A prospectus, bid form, and complete information concerning the timber, conditions of the contract and submission of bids is available to the public and interested potential bidders. Bids can be hand-delivered to the Forest Supervisors Office or mailed to 650 Wolfpack Way, Kalispell, Montana. Full information concerning the timber, conditions of the sale and the submission of bids should be obtained from the Forest Supervisor's Office, Kalispell, Montana. The USDA is an Equal Opportunity Provider and Employer. July 17, 2022 MNAXLP __________________________
No. 28758 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, that the City Council of the City of Columbia Falls, Montana, will hold public hearings beginning on August 1, 2022 at 7:00 p.m. in the Columbia Falls City Hall, 130-6th Street West, Columbia Falls, Montana, for the following purposes: Preliminary Budget Presentation and consideration of the preliminary budget for fiscal year beginning July 1, 2022 and ending June 30, 2023. This hearing will be continued until final adoption of the budget after receiving the certified taxable valuation. Special Assessments Consideration of the adoption of the Street Lighting District and Street Maintenance District assessments for FY2022/2023. Council will hear any objections to the final adoption of the resolution levying special assessments for FY 2022/2023. Special Assessments are estimated as follows: Street Lighting District $30,049 Street Maintenance District $316,000 Individual property payment schedules are available for inspection ten (10) days from this notice, in the office of the City Clerk, 130 6th Street West, Columbia Falls, Montana, during regular hours Monday through Friday, 7:00 AM to 6:00 PM. Permissive Medical Levy Consideration of adoption on the proposed tax levy to fund health insurance premium contributions for group benefits beyond the amount of contributions in effect on June 30, 1999. The actual mills for consideration will be made available upon receipt of the certified tax valuation for the year. Taxpayers are encouraged to attend the hearings and give written or oral comments on any or all of the budget-related items. Written comments may be mailed to the City Clerk, 130 6th Street West, Room A, Columbia Falls, Montana, 59912. Questions regarding the proposed items can be made by contacting City Manager Susan Nicosia at 892-4391. DATED THIS 5th DAY OF JULY, 2022 s/Barb Staaland, City Clerk July 17, 24, 2022 MNAXLP __________________________
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. 28768 DARRELL T. PETERSON PETERSON, PETERSON & SHORS, P.C. Attorneys at Law P.O. Box 10 Cut Bank, Montana 59427 Telephone (406) 873-2231 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF WILLIAM R. EDENS, Deceased. File No. DP 22 - 97D NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Metha A. Edens, the personal representative, return receipt requested, at %Darrell T. Peterson, Attorney at Law, Peterson, Peterson & Shors P.C., P. O. Box 10, Cut Bank, Montana 59427, or filed with the Clerk of the above-entitled Court. I declare under penalty of perjury and under the laws of the State of Montana that the foregoing is true and correct. DATED this 12th day of July, 2022. /s/ Metha A. Edens Metha A. Edens 189 Crestline Ave, Kalispell, MT 59901 /s/ Darrell T. Peterson Darrell T. Peterson, Attorney July 17, 24, 31, 2022 MNAXLP __________________________
No. 28757 CITY OF COLUMBIA FALLS INVITATION TO BID Separate sealed bids for construction of the 12TH Avenue West Improvements Project will be received by the City of Columbia Falls at Columbia Falls City Hall, 130 6th Street West, Columbia Falls, MT, 59912 until 3:00 PM local time on Tuesday, August 9, 2022, and then publicly opened and read aloud. Pre-bid inquiries should be directed to C.R. Leisinger of Morrison-Maierle, Inc., Telephone 406-751-5864 or cleisinger@m-m.net. The project generally consists of the following major items on 12th Ave W in Columbia Falls: 12" PVC water main extension with valves, fittings, services, and fire hydrants; 24" diameter steel casing jack and bore across BNSF railway right-of-way; clearing, grubbing, and topsoil removal; asphalt removal; earthwork, grading, and compaction; crushed base and new asphalt surfacing; concrete sidewalk and driveway approaches; concrete curb and gutter; signage and pavement markings; traffic control; and topsoil placement and seeding. Complete electronic Project Plans, Project Specifications, and Bid Proposal Packet are available at the Morrison-Maierle, Inc. website "www.m-m.net" by clicking on the "Project Bidding" tab, then "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 and the Bid Proposal Packet 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. Only firms obtaining documents by these methods will be placed on the Planholders List. In addition, the Drawings and Project Manual may also be examined at the following locations: The offices of the consulting engineer, Morrison-Maierle, Inc., at 172 Timberwolf Parkway Kalispell, Montana, and on the Montana Plan Exchanges at Montanabid.com. There will be a Pre-Bid Meeting held at Columbia Falls City Hall, 130 6th Street West, Columbia Falls, MT, 59912 at 10:00 AM on Wednesday, July 20, 2022. A tour of the project site(s) will be conducted after the meeting. CONTRACTOR(s) and any of the CONTRACTOR's subcontractors bidding on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). CONTRACTOR's are required to have registered with the DLI prior to bidding on this project. All laborers and mechanics employed by CONTRACTOR(s) or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the United States and the State of Montana in accordance with the schedule of Davis-Bacon prevailing wage rates established by the United States Department of Labor and/or the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to City of Columbia Falls, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Construction Performance Bond and a Construction (Labor and Materials) Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. This project is funded in part by the U.S. Department of Commerce Economic Development Administration (EDA). The CONTRACTOR will be required to comply with all supplementary bidding and construction funding agency requirements presented in the Instructions to Bidders and Special Provisions and shall make themselves aware of these requirements prior to submitting a bid. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. 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), and to accept the lowest responsive and responsible bid which is in the best interest of the City of Columbia Falls. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Published at Columbia Falls, Montana this 11th day of July 2022. /s/ Susan Nicosia City Manager Address: 130 6th Street West Columbia Falls, Montana 59912 July 17, 31, 2022 MNAXLP __________________________