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Legals for June, 18 2023

| June 18, 2023 12:00 AM

No. 29416  NOTICE OF PUBLIC HEARING A proposal to enact a pretreatment ordinance and related resolutions in order to implement and enforce national pretreatment standards and requirements in accordance with the Montana Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA), as required by Federal and State law, will be presented at two Public Hearings, Monday, May 15, 2023 and Monday, June 19, 2023, in the Council Chambers of City Hall, 201 1st Avenue East, Kalispell, Montana, at 7:00 P.M. The City of Kalispell is required to comply with the Montana Department of Environmental Quality and the Environmental Protection Agency National Pretreatment Program published in 40 CFR Part 403, which provides the regulatory basis to require industrial and nondomestic dischargers to comply with pretreatment standards to ensure that attainability of the goals of the Clean Water Act (CWA). Any person wishing to address the proposed ordinance may appear at this hearing and make oral statements or present same in writing. The proposed documents can be viewed on the City’s website at www.kalispell.com/679/Council-Public-Hearings or in the office of the City Clerk at 201 First Avenue East, Kalispell.  Any person wishing to address the proposed documents may appear at this hearing and make oral statements or present same in writing. Written comments may be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, (PO Box 1997, 59903) Kalispell, MT 59901, or by email to publiccomment@kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Dated this 1st day of May, 2023. Aimee Brunckhorst, City Clerk May 14, 28, June 18, 2023 MNAXLP __________________________

No. 29498 Randall S. Ogle OGLE, WORM & TRAVIS, PLLP 24 First Avenue East, Suite B P.O. Box 899 Kalispell, MT 59903 Telephone: (406) 752-7550 Attorneys for the Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF TERRY LEE STEELE, Deceased. Cause No. DP-23-161 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 be either mailed to Riki Eissler, the Personal Representative, return receipt requested at c/o Ogle, Worm & Travis, PLLP, P.O. Box 899, Kalispell, Montana 59903, or filed with the Clerk of the above-entitled Court. DATED this 25th day of May, 2023. /s/ Riki Eissler Riki Eissler Personal Representative OGLE, WORM & TRAVIS, PLLP By: /s/ Randall S. Ogle Randall S. Ogle Attorneys for the Estate June 4, 11, 18, 2023 MNAXLP __________________________

No. 29502 Notice of Public Hearing and Comment Period on Triennial Review of Water Quality Standards for the Montana Department of Environmental Quality The Montana Water Quality Act and Federal Clean Water Act require the State of Montana at least every three years to review and, as appropriate, modify adopted standards of water quality. The Department of Environmental Quality (Department) opened a public comment period on May 12, 2023, and is holding a public hearing for the purpose of reviewing Montana’s water quality standards. Montana’s water quality standards include the Administrative Rules of Montana Title 17, Chapter 30, subchapters 5 (mixing zones), 6 (water quality standards), 7 (nondegradation), and 10 (groundwater protection), and Department Circulars DEQ-7 and DEQ-12A. Beginning on May 12, 2023, the Department is soliciting comments from all interested persons regarding potential revision to any aspect of Montana’s water quality standards. You are invited to submit data, views, or arguments concerning water quality standards orally or in writing. Comments should identify the water quality standard at issue, any suggested revision to the standard, and the basis for the suggested revision, including technical information. On June 28, 2023, the Department will hold a hybrid public hearing to hear comments on water quality standards at 11:00 am in room 111 of the Metcalf Building at 1520 E 6th Avenue, Helena, Montana. More information, including instructions for attending the public hearing remotely via Zoom and links to the rules and Department circulars, is available on the Department website at https://deq.mt.gov/public/publicmeetings. Data, views, or arguments may be submitted in writing no later than 5:00 pm on June 28, 2023, by email to deqwqtriennialreview@mt.gov, or by mail to Water Quality Division, Department of Environmental Quality, P.O. Box 200901, Helena, Montana, 59620-0901. The Department will make reasonable accommodation for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format for this notice. If you require accommodation, please advise the Department of the nature of the accommodation that you need no later than 5:00 p.m., June 19, 2023, by contacting Katie Makarowski at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-3639; or email kmkarowski@mt.gov. June 11, 18, 25, 2023 MNAXLP __________________________

No. 29513 PUBLIC NOTICE NO. MT-23-05 JUNE 12, 2023 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) and the Administrative Rules of Montana 17.30.1001 et seq., Montana Ground Water Pollution Control System (MGWPCS). 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 https://deq.mt.gov/public/index   APPLICANT INFORMATION  APPLICANT:   Marlo’s Liquid Assets Company, LLC FACILITY NAME: Big Sky Waterpark FACILITY LOCATION:  Big Sky Waterpark’s proposed treatment and discharge system is located 16 miles north of Kalispell, Montana in Flathead County. All wastewater collections along with the treatment system and disposal are located on-site at 7211 Hwy 2 E, Columbia Falls. RECEIVING WATER: Outfall 001 – Class I Ground Water PERMIT NUMBER: MTX000289 A determination has been made by DEQ to issue a new Montana Ground Water Pollution Control System (MGWPCS) permit, MTX000289, to Marlo’s Liquid Assets Company, LLC for the proposed Facility. This permitting action authorizes discharge of treated wastewater to ground water. The scope of this permitting action is for the construction, operation, and maintenance of the proposed wastewater treatment and disposal system. PUBLIC COMMENT Public comments are invited and must be received by 11:59 p.m. on JULY 13, 2023. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked by 11:59 p.m. on JULY 13, 2023, will be considered in the formulation of final determinations to be imposed on the permit. If you wish to comment electronically, you may e-mail 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 17.30.1024). 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-23-05 JUNE 12, 2023 June 18, 2023 MNAXLP __________________________

No. 29515 Lakeside Community Council There is one (1) county appointed vacancy on this board. The term runs for one (1) year beginning June 1, 2023 through May 31, 2024. The Lakeside Community Council consists of seven members. Six of those members are elected following the procedures set forth by MCA. The seventh member is appointed by the Board of County Commissioners. Interested persons shall be residents of the Lakeside Community and be registered to vote within the boundaries of the Lakeside Neighborhood Plan. TO APPLY FOR THIS POSITION: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: April Derbyshire Flathead County Planning and Zoning Office South Campus Building 40 11th Street West, Ste. 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on Sunday, June 18, 2023. For additional information and specific qualifications please call 751-8200. June 7, 11, 14, 18, 2023 MNAXLP __________________________

No. 29518 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 June 19, 2023 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, 2023 and ending June 30, 2024 will begin on June 19, 2023 and will be continued until final adoption of the budget after receiving the certified taxable valuation in August. City Council will review various departments and funds at each hearing until the budget has been presented in its entirety. Special Assessments Consideration of the adoption of the proposed Street Lighting District and Street Maintenance District assessments for FY2023/2024. Council will hear any objections to the final adoption of the resolution levying special assessments for FY 2023/2024. Special Assessments are estimated as follows: Street Lighting District $ 30,049 (no change) Street Maintenance District $330,000 (4.4% increase) Individual property payment schedules will be available for inspection ten (10) days from this notice, in the office of the City Clerk, 130 6 th 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 JUNE, 2023 s/Barb Staaland, City Clerk June 11, 18, 2023 MNAXLP __________________________

No. 29519 CITY OF COLUMBIA FALLS INVITATION TO BID 2023 CHIP SEAL/CRACK FILLING PROJECT The City of Columbia Falls, Montana will receive sealed bids for the 2023 Chip Seal/Crack Filling Project. The project consists of furnishing materials, labor and equipment required to chip seal and/or crack fill approximately 4 miles (subject to available funding) of City streets and install pavement marking tabs. Bid documents may be obtained at City Hall, 130 6th Street West, Columbia Falls, MT 59912 or on the City’s website, www.cityofcolumbiafalls.org. Chip Sealing shall not begin prior to July 15, 2023 and shall be completed on or before October 31, 2023. Any bidder wishing further information should contact the City of Columbia Public Works Director, Chris Hanley, phone (406) 892-4430. Bids will be received by the City Clerk, 130 6th Street West, Columbia Falls MT. 59912 until 2:00 P.M. on June 26, 2023 at which time all bids will be publicly opened and read aloud in the City Council Chambers, 130 6th Street West, Columbia Falls. MT 59912. Proposals shall be addressed to the City Clerk, 130 6th Street West, Columbia Falls, MT 59912 and entitled BID FOR 2023 CHIP SEAL/CRACK FILLING PROJECT. Each bid must be accompanied by bid security in the amount of 10% of the bid. The security must consist of cash, a cashier’s check, a certified check, a bank money order, a certificate of deposit, a money market certificate, or a bank draft. The security must be: (i) drawn and issued by a federally chartered or state-chartered bank or savings and loan association that is insured by or for which insurance is administered by the federal deposit insurance corporation;(ii) drawn and issued by a credit union insured by the national credit union share insurance fund; or (iii) a bid bond or bonds executed by a surety company authorized to do business in the state of Montana. The bid security must be signed by an individual authorized to submit the security by the corporation or other business entity on whose behalf the security is submitted. The City will accept the lowest responsible bid, but the City Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. s/Barb Staaland Barb Staaland City Clerk June 11, 18, 2023 MNAXLP __________________________

No. 29520 INVITATION TO BID Separate sealed bids for the construction of Rail Park Improvements will be received by the Flathead County Economic Development Authority (FCEDA), 44 2nd Ave W, Kalispell, MT 59901 until 11 AM, local time on Friday, June 30, 2023, and then publicly opened and read aloud. The project consists of: Sidewalk and boulevard construction along both sides of the existing Rail Park Drive complete with ADA ramps, landscaping, irrigation, and trees. Digital copies of the Bidding Documents are available at FCEDA, 44 2nd Ave W, Kalispell, MT 59901 for a fee of $5.00 and on the FCEDA website at https://www.flatheadcountyeda.com/rfps.html. The contract documents consisting of Drawings and Project Manual may be examined or obtained at the office of KLJ Engineering 1830 3rd Ave E #201, Kalispell, MT 59901 in accordance with Article 2.01 of Instructions to Bidders in MPWSS. Please contact Gary Johnson, KLJ, (406) 300-7101 with any questions. Cost of drawing and Project Manual is $10.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the FCEDA, 44 2nd Ave W, Kalispell, at 2 PM, local time on Tuesday, June 20, 2023. Interested Contractors are encouraged to attend. Contractors and any of Contractor’s subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling (406) 444-7734. All laborers and mechanics employed by Contractor or Subcontractors in performance of the construction work shall be paid State of Montana Prevailing Wage Rates for Heavy or Highway Construction. Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Kalispell in an amount not less than ten percent (10%) of the total amount of the bid. Successful Bidder(s) shall furnish an approved Performance Bond and a 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 whole from Flathead County Economic Development Authority. Bids may only be withdrawn as provided in Section 16.02 of the Instructions to Bidders after the scheduled time for the public opening of bids. 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 Owner. The Flathead County Economic Development Authority is an Equal Opportunity Employer. June 11, 18, 2023 MNAXLP __________________________

No. 29526 REQUEST FOR STATEMENT OF QUALIFICATIONS (SOQ) FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO: 2023 Water Facility Plan/Preliminary Engineering Report (PER) The Flathead County Water District No. 1 – Evergreen (Evergreen or District) is requesting sealed qualifications packages from qualified firms, teams or consultants interested in providing professional engineering services to the District for development and preparation of a Water Facility Plan/Preliminary Engineering Report (PER) for its existing Water Facilities. The District invites qualified consultants to submit a qualifications package based upon the scope of work identified in the full Request for Qualifications (RFQ) and Appendix A which can be obtained from the District’s website. The District shall not be held responsible for any oral instructions. Changes to this RFQ will be posted on the District’s website: http://www.evergreenwaterdistrict.com/. This document is intended to provide interested consultants with sufficient information to prepare and submit a Statement of Qualifications (SOQ) for consideration by the District. The District reserves the right to reject any or all SOQs, to waive any informality or irregularity in any SOQ received, and to be the sole judge of the merits of the respective SOQs received. SUBMITTAL OPENING DATE AND SCHEDULE Five (5) bound hard copies and one electronic pdf copy on a thumb drive of the SOQ must be submitted to: Flathead County Water District No. 1 - Evergreen, Attn: Cindy Murray, 130 Nicholson Drive, Kalispell, MT 59901 no later than 3:00 pm (local time) on July 7, 2023. Responses will be received in a sealed envelope clearly marked on the outside “2023 Evergreen Water Facility Preliminary Engineering Report SOQ”. Legibility, clarity and completeness are essential. Late submissions will not be accepted under any circumstances, and any SOQ so received shall be returned to the consultant unopened. In addition, electronic submissions will not be accepted and will be rejected upon receipt. Proposing consultants will be expected to allow adequate time for the delivery of the SOQs. Sole responsibility rests with the proposing consultant to see that their SOQ is received on time. QUESTIONS AND CLARIFICATION Any questions or clarifications related to the RFQ or the Scope of Work must be provided in writing by the date and time listed in the schedule in the full RFQ. All questions or clarification requests shall be made to Jeff Walla, PE at jwalla@evergreenwaterdistrict.com. SUBMITTAL FORMAT AND SOQ CONTENT The SOQ must be organized in accordance with the detailed requirements provided in the full RFQ available on the District’s website: http//www.evergreenwaterdistrict.com. Brevity is appreciated by the District staff and Board Members reviewing the proposals. SELECTION PROCESS The District has adopted a procurement policy that complies with the Montana State Procurement Act, Title 18, Chapter 4, including the procurement of architectural, engineering, and land surveying services of Montana Code Annotated (MCA) § 18-8-201 - 212. The act requires “adequate” and “reasonable” time for public notice. As such, the adoption of this policy fulfills the requirements in 2 CFR 200.319 Competition through 200.320 Methods of procurement to be followed. The Service Provider will be selected on the basis of demonstrated competence and qualifications for the type of services required and thereafter the District will negotiate the services agreement with what it deems to be the most qualified firm. Submissions will be reviewed, evaluated, and ranked on the basis of the scoring criteria noted in the full RFQ by a selection committee. The selection committee will likely consist of four District staff members and one District Board member. The District expressly reserves the right, in its sole judgment, to accept or reject any or all statements, and to waive any defects and to allow modifications and supplementation of statements that are submitted within the deadline. Firms submitting statements will be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final proposals. After scoring and ranking the submissions based on the criteria herein, the selection committee may in its discretion select one or more or all engineering firms to participate in interview(s), make oral presentation(s), provide supplemental information and documentation, or make site visit(s). All arrangements and scheduling shall be coordinated by the selection committee or its agent. If interviews are desired, the schedule for award of the project would be delayed by one month. At the completion of the selection process, the selection committee will make a recommendation to the District’s Board of Directors for approval of the highest scoring/ranked firm. Following approval (selection) by the Board, District staff will enter into scope and fee negotiations with the highest ranked firm and prepare the professional services agreement. If an appropriate agreement cannot be reached with the highest ranked firm, the second ranked firm may be invited to submit a scope and fee proposal and negotiate a contract with the District. The professional services agreement must be reviewed and approved by the District Board prior to entering into the agreement. June 11, 18, 2023 MNAXLP __________________________

No. 29533 AUTHORIZATION TO PUBLISH REQUEST FOR PROPOSALS (RFP) FOR AFTERSCHOOL CONTRACTED TRANSIT SERVICES The Flathead County Board of Commissioners is requesting proposals from local, afterschool childcare organizations/programs interested in contracting with Flathead County’s public transit provider, Mountain Climber for contracted afterschool transit services, pursuant to the requirements of Title 18 et seq., M.C.A. Services available include transportation from Schools to local afterschool childcare organizations/programs within our Kalispell coverage area. Service is limited to a maximum of (3) Mountain Climber buses between the hours of 3:00 p.m. – 4:00 p.m. Flathead County is requesting proposals from organizations interested in contracting with Mountain Climber for afterschool transit services. Copies of the detailed RFP, including services available, the minimum content of proposals, and the factors used to evaluate the proposals, can be found on the Flathead County webpage at: https://flathead.mt.gov/department-directory/commissioners-office/public-notices or by contacting Elizabeth Wood, Flathead County Mountain Climber, 1333 Willow Glen Dr., Kalispell, MT 59901 - (406) 758-2130 / ewood@flathead.mt.gov. All proposals must be submitted to the Flathead County Commissioners Office, 800 South Main, Room 302, Kalispell, MT 59901, by 4:00 pm local time on July 17, 2023. Flathead County is an Equal Opportunity Employer. Dated this 13th day of June, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman June 18, 25, 2023 MNAXLP __________________________

No. 29534 Polson School District #23 is soliciting qualifications from individuals or firms interested in serving as as a General Contractor/Construction Manager (GC/CM) in accordance with Title 18, Chapter 2, Part 5, MCA. The selected GC/CM will participate in a collaborative process to assist, as a partner, with the District, the Project Architect, and the other members of the design team for the planning, design, and construction for its Elementary, Middle School, and High School Bond Renovation and Addition Project. Voters approved bond amounts up to $23,315,000 million for its elementary district and $16,645,000 for its high school district (for a total of $39,960,000 for the entire project). Prospective GC/CM candidates may obtain a Qualifications packet at the Polson School District Administration Building, 111 4th Ave. East, Polson, MT 59860, or by visiting the District’s website: https://www.polson.k12.mt.us/. Responses to this Request for Qualifications for GC/CM must be submitted in compliance with the requirements of the Qualification packet and will be received at the Polson School District Administration Building at the address listed above until July 7, 2023, at 4:00 pm, local time. FAX RESPONSES, INCOMPLETE RESPONSES AND RESPONSES RECEIVED AFTER THAT DATE AND TIME WILL BE DEEMED NON-COMPLIANT WITH THIS RFQ AND WILL NOT BE ACCEPTED. The intent of this solicitation is to identify qualified GC/CM candidates interested in participating in a collaborative process to bring the renovation and additions of the elementary schools, middle school, and high school to fruition in a timely and cost-efficient manner. From the list of interested and qualified GC/CM candidates as determined by a selection committee established by the District, the finalists will proceed to a Request for Proposal process in accordance with Title 18, Chapter 2, Part 5, MCA. From those finalists, the District will select the GC/CM firm which is best qualified and best suits the District’s needs and intent regarding the Project. It is anticipated that the selected GC/CM will initially provide Preconstruction phase services and will move forward with the provision of Construction phase services. The GC/CM shall comply with all fair labor practices and must meet the requirements of all local, state, and federal statutes. This Request for Qualifications does not commit the Board of Trustees for Polson School District to enter into any agreement, or to pay any expenses incurred in the preparation of any response to this request, or to ultimately procure any contract for the provision of these services. The Board of Trustees expressly reserves the right to waive any formalities and to reject any or all proposals. June 18, 25, 2023 MNAXLP __________________________

No. 29538 REQUEST FOR PROPOSALS ACTIVITY TRANSPORTATION SERVICES Whitefish School District is soliciting bids for curricular, athletic, extracurricular, and other activity transportation. The complete RFP packet with instructions can be found at www.wsd44.org. The Whitefish School District Board of Trustees shall award the contract to the bidder that most clearly meets the requirements of the RFP and satisfies the needs of the District. Submit Proposal by 3:00 PM on Thursday June 29, 2023 to: Whitefish School District Attn: Lucie Shea 600 East 2 nd St. Whitefish, MT 59937 June 18, 21, 2023 MNAXLP __________________________

No. 29539 Legal Notice Partial Bond Release and Comprehensive Five-Year Bond Review for Montana Tunnels Mining Inc (Hard Rock Mining Operating Permit No. 00160) The Department of Environmental Quality (DEQ) has received a request for bond release from Montana Tunnels Mining Inc.’s (MTMI) Diamond Hill Mine. MTMI is authorized to operate an underground gold mine in accordance with Operating Permit No. 00160. The site is on private and BLM lands in T7N R1W, Section 36, and T6N, R1W, Section 1, approximately 8 miles northwest of Townsend, MT in Broadwater County. DEQ currently holds a reclamation bond in the amount of $816,080. DEQ previously increased the required reclamation bond amount to $876,914 on July 12, 2019, but MTMI did not post the additional required bond resulting in a bond deficiency of $60,834. MTMI submitted a bond release request for reclamation of the waste rock dump (3.1 acres), exploration road cuts (0.8 acres), grading of the ore loadout area (0.9 acres), and removal of old buildings and scrap. Completion of the reclamation tasks resulted in a proposed bond release of $239,435. In addition to the request for bond release, DEQ is conducting a comprehensive bond review for Operating Permit No. 00160. DEQ has determined that the current bonding level does not represent the present costs of compliance with the Metal Mine Reclamation Act, administrative rules adopted thereunder, and the operating permit. DEQ is proposing to increase the bond for portions of the mine site that remain un-reclaimed by $140,154. The bond increase is largely due to changes in fuel price, equipment rates, removal of nonmobile site equipment and updated indirect costs such as mobilization, contingency, and administration.  DEQ has determined the net effect on the bond from the release request ($239,435), comprehensive bond review ($140,154), and MTMI’s current bond shortfall ($60,834) is a bond release of $38,447. DEQ is proposing to release $38,447 and retain $777,633 after both releasing bond for completed reclamation tasks and increasing the bond as a result of a comprehensive bond review. The procedure for adjusting bonds as a result of a comprehensive bond review is set forth in Section 82-4-338(3), Montana Code Annotated (MCA). Pursuant to Section 82-4-338(5), MCA, DEQ may not release or decrease a reclamation bond until the public has been provided an opportunity for a hearing and a hearing has been held if requested. The company and the public will have until July 18, 2023, to comment on these proposed changes to the bond amount. DEQ will issue a final bond determination after the comment period has expired. The company, or any person with an interest that may be adversely affected by DEQ’s final bond determination, may obtain a contested case hearing before the Board of Environmental Review. A written request for a hearing must be filed with DEQ within 30 days of the issuance of the final bond determination, stating the reason for the request. Requests for copies of the bond calculation associated with the comprehensive bond review, and any related questions should be directed to Eric Dahlgren, Hard Rock Mining Section Supervisor, Mining Bureau, Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901, by telephone at (406) 444-5245 or by e-mail at edahlgren@mt.gov. June 18, 2023 MNAXLP __________________________