Legals for June, 5 2024
NO. 30411 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT https://dnrc.mt.gov/Water-Resources/Water-Rights/application-status-environmental-assessments/. OBJECTION DEADLINE: JULY 19, 2024. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $50.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT’S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76LJ 30161004 Owners: MARLO’S LIQUID ASSETS COMPANY LLC PO BOX 991 POLSON, MT 59860-0991 Priority Date: JULY 13, 2023 at 12:15 P.M. Purpose (Use): COMMERCIAL LAWN AND GARDEN Maximum Flow Rate: 90.00 GPM Maximum Volume: 15.15 AC-FT Maximum Acres: 2.14 Source Name and Type: GROUNDWATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec: SWNWNWSW; Sec 15; Twp 30N; Rge 20W; County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL Well Depth: 215.00 FEET Static Water Level: 40.00 FEET Casing Diameter: 6.00 INCHES Well Location: 7266 US HIGHWAY 2 E Purpose (Use): COMMERCIAL Volume: 13.00 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: ID 1; Qtr Sec: NWNWSW; Sec 15; Twp 30N; Rge 20W; County FLATHEAD Purpose (Use): LAWN AND GARDEN Volume: 2.15 AC-FT Period of Use: APRIL 20 to OCTOBER 10 Place of Use: ID 1; Acres: 2.14; Qtr Sec: NWNWSW; Sec 15; Twp 30N; Rge 20W; County FLATHEAD Total Acres: 2.14 June 5, 2024 MNAXLP __________________________
NO. 30422 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on October 22, 2024, at 11:00 AM at the East Door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 5, Block 6 of Duncan’s Addition to Kalispell, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. More commonly known as 360 5th Avenue East N, Kalispell, MT 59901. Amanda R. Ham, as Grantor, conveyed said real property to Jason J. Henderson, ESQ., Mackoff Kellogg Law Firm, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for United Wholesale Mortgage, LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on July 22, 2022, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on July 22, 2022, as Instrument No. 202200017982, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: United Wholesale Mortgage, LLC Assignment Dated: April 30, 2024 Assignment Recorded: May 2, 2024 Assignment Recording Information: as Instrument No. 202400007336 All in the records of the County Clerk and Recorder for Flathead County, Montana. Jason J. Henderson 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 May 20, 2024, as Instrument No. 202400008269, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning January 1, 2024, 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 $383,431.39, interest in the sum of $8,835.68, escrow advances of $849.91, other amounts due and payable in the amount of $1,726.16 for a total amount owing of $394,843.14, 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 23rd day of May, 2024. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT22145 June 5, 12, 19, 2024 MNAXLP __________________________
NO. 30423 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re Tyler Evan Hunt’s Application for Class D Certificate of Public Convenience and Necessity Docket 2024.05.052 May 31, 2024 Notice of Application and Protest Deadline 1. On May 2, 2024, Tyler Evan Hunt (“Hunt”), a sole proprietor, submitted their finalized Application for Certificate of Public Convenience and Necessity (“Application”) to the Montana Public Service Commission (“Commission”). Hunt requests authority to transport garbage as a Class D motor carrier within Flathead and Lincoln counties using only roll-off dumpsters. 2. A copy of the Application is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2024.05.052. A copy of the Application may also be available at the office of the Montana Consumer Counsel, 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 receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help. 3. Any interested party may protest the Application or request a hearing. Protests and requests for hearing must be filed with the Commission no later than June 17, 2024. The form titled “Protest to Application for PCN, S&T, or Lease” is available at the Commission’s website under the “Regulated Utilities” tab, then the “Compliance Materials” tab, and finally the “Transportation” tab under the subheading “Protests.” 4. Protests must be submitted to the Commission both electronically and in hard copy. Protests must be submitted electronically to the Commission through REDDI at reddi.mt.gov. Hard copies must be mailed to the Commission at P.O. Box 202601, Helena, MT 59620. A filing fee of $500 must accompany the hard copy mailed to the Commission. A hard copy of each protest must also be mailed to Tyler Evan Hunt at 428 Maple Dr., Apt 1, Kalispell, MT 59901. 5. If no protests or requests for hearing are received by the deadline set forth above, the Commission may act on the Application without a public hearing, pursuant to Montana Code Annotated § 69-12-321(1)(b) (2023). 6. The Commission invites members of the public who do not wish to formally protest the Application to submit written public comments on the matter to the Commission at P.O. Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comments may also be submitted online in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help (select “Submit a Public Comment”). All comments received will be public records. Personal or private information should not be included in comments. 7. 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 3 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED May 31, 2024, by the Montana Public Service Commission through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner June 5, 2024 MNAXLP __________________________
NO. 30424 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Annual PCCAM Filing Docket 2023.09.081 May 31, 2024 Notice of Public Hearing 1. On September 1, 2023, NorthWestern Energy (“NorthWestern”) filed an Application (“Application”) with the Montana Public Service Commission (“Commission”) requesting approval of a rate adjustment under NorthWestern’s Power Costs and Credits Adjustment Mechanism (“PCCAM”). The Application was subsequently amended on November 17, 2023. 2. The PCCAM tracks certain costs and credits associated with supplying electric service and allows annual rate adjustments to track actual costs incurred and credits received. The Montana Consumer Counsel has intervened and contested NorthWestern’s proposal to include costs associated with ammonia expenses at the Dave Gates Generation Station as part of its current PCCAM adjustment. 3. PLEASE TAKE NOTICE that the Commission will conduct a public hearing on NorthWestern’s Application, as amended. The public hearing will commence on June 26, 2024, at 9:00 a.m., in the Bollinger Room located in the Commission’s offices at 1701 Prospect Avenue, Helena, Montana. The hearing may continue day-to-day as necessary through June 28, 2024. The Commission’s website (psc.mt.gov) will have a link to a live stream of the hearing. 4. The hearing is for the purpose of receiving evidence (testimony and exhibits) addressing NorthWestern’s Application. Testimony submitted at the hearing is subject to cross-examination. The Commission will provide an opportunity for public comment at the beginning of each hearing day. 5. A copy of the amended Application is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2023.09.081. A copy of the Application may also be available at the office of the Montana Consumer Counsel, 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 receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help. 6. Anyone needing accommodations in order to attend or participate in the hearing should contact the Commission at (800) 646-6150. The Commission will make every effort to assist in accommodations for individuals. 7. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; and 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 May 31, 2024, by the Montana Public Service Commission through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner June 5, 2024 MNAXLP __________________________
NO. 30427 WHITEFISH FIRE DEPARTMENT The Whitefish Fire Department is accepting proposals to purchase an immediately available Type 1 Fire Engine for the Whitefish Fire Service Area. We will review all reasonable bids with reasonable exceptions clearly noted, and all bids will be given consideration. Bids will be opened on Friday, June 28, 2024, at 3pm. MST in the Whitefish Fire Department Conference room. Bids must be submitted in a sealed envelope to the Whitefish Fire Department, 275 Flathead Ave Whitefish, Montana 59937. Each envelope shall be plainly marked: “Bid - WFSA Type 1 Engine”. Envelopes must also include the bidder’s company name. The Whitefish Fire Department reserves the right to reject any and/or all proposals, to waive technicalities or informalities, and to accept any proposal deemed to be in the best interest of the Whitefish Fire Service Area. Bids shall include: -detailed specifications for proposed pumper, -drawings of proposed pumper, -total cost for proposed pumper, -the build schedule for proposed pumper. - Date of deilvery No bid shall be valid unless signed. No bid shall be accepted by FAX or e-mail. ENGINE SPECIFICATIONS AVAILABLE AT http://www.cityofwhitefish.org/bids.aspx If you have any questions, please e-mail DC Haas Executive Director dchaas@whitefishfireservicearea.org and cc Fire Chief Cole Hadley at chadley@cityofwhitefish.org. June 5, 12, 2024 MNAXLP __________________________
NO. 30429 FLATHEAD MUNICIPAL AIRPORT AUTHORITY PUBLIC MEETING NOTICE The regular meeting of the Flathead Municipal Airport Authority Board will be held at 4 P.M. on Tuesday, June 11, 2024, at Glacier Park International Airport, 4170 Highway 2 E., Kalispell, MT, preceded an optional terminal construction walk-through at 3:15 P.M. The meeting will be held in the Conference Room on the third floor. June 5, 2024 MNAXLP __________________________