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Legals for September, 21 2022

| September 21, 2022 12:00 AM

MINERAL COUNTY COMMISSIONERS PUBLIC HEARING FOR AMENDED PLAT PAT ANDERSON MINOR AMENDED LOT 1 OCTOBER 7, 2022 The Mineral County Commissioners will hold a public hearing regarding the proposed Amended Plat Pat Anderson Minor Amended Lot 1 Subdivision, on October 7, 2022 at 10:00 a.m. The hearing will be held in the Mineral County Commissioners Conference Room located in the Courthouse Annex, 300 River Street, Superior. The Amended Plat Pat Anderson Minor Amended Lot 1 is a proposed 2-lot minor subdivision. The property is located off of Pattee Road, lying south of Interstate 90 and south of the Clark Fork River, located in Section 34, Township 17 North, Range 26 West, P.M.M. The subdivision would result in 2 residential lots. The 2 lots range in size from 4 acres to 6.11 acres. The lots are proposed to install individual onsite wells and individual onsite sewage treatment and disposal system. The proposal will have access from Pattee Road. The owners/developers of the property are Donald and Patricia Pickering of Superior, MT. The designated representative is Ron Warren of Rocky Mountain Surveyors, located in Plains, Montana. If you have any questions or would like additional information, please contact the Mineral County Environmental Health and Planning Department at 822-3525, or send your comments by October 7, 2022 to PO Box 396, Superior, MT 59872 Published in the Mineral Independent on September 14, September 21, 2022. MNAXLP

PUBLIC NOTICE REQUEST FOR PROPOSALS DEVELOPMENT OF A FLOOD RISK REDUCTION FEASIBILITY STUDY AND MITIGATION PLAN FOR MINERAL COUNTY, ST. REGIS COMMUNITY The Mineral County board of Commissioners in conjunction with the St. Regis Resort Board is requesting proposals from qualified Consultant/Engineering firms for the development of a Flood Risk Reduction Feasibility Study and Mitigation Plan Plan for the Community of St. Regis The County of Mineral has received a 2020 BRIC Building Resilient Infrastructure and Communities award from the MT Disaster and Emergency Services (MTDES). Mineral County has one major levee recognized by the National Levee Database. This levee is located in St. Regis spanning approximately 1,400 feet long, from the confluence with the Clark Fork River going upstream. There is approximately $10.5million worth of property, 58 structures, and 80 people behind the levee. The levee was constructed with rip rap material in the 1930s following Flood Events, with more being added in the 1940s. The levee is listed in the national levee data base with a 70-year life span and considered a potential for failure within the context of 100 Yr. flood event. The Mineral Independent noted the 1933 event in 1997 when the levee over-topped, demonstrating further the risk from such an event. The development of new flood plain and flood way maps for Mineral County by DNRC (currently in draft to be published in 2023), most of the St. Regis community and its business area now sit in the flood way area. Future flood control measures will be necessary to ensure protection for property, infrastructure, and human safety, as well as to guide future development of the community, considering that impacts on current buildings in the flood way may experience increased insurance rates; and that new construction in the area will face huge obstacles. More specifically the proposed project will: 1. Identify areas prone to flooding (historic and predicted by the DRAFT floodplain maps for Mineral County) 2. Assess St Regis's vulnerabilities under a range of flooding scenarios; recommend solutions to reduce flooding impacts to St Regis and the surrounding ecosystem, including both engineered mitigation strategies, planning mechanisms, and natural infrastructure approaches. 3. The Project deliverable will be a Flood Risk Reduction Feasibility Study that can be utilized for planning of future improvements. 4. The Flood Risk Reduction Feasibility Study will be performed in accordance with the USACE's 6-Step Planning Process that is widely utilized for flood risk reduction feasibility studies. Soft or hardcopy proposals are due to Mineral County Wednesday September 28, 2022 by 4:00 p.m. Hardcopy proposals may be mailed to the Mineral County Office of Economic Development, 301 2nd Ave. East, P.O. Box 730, Superior, MT 59872. Soft copy proposals may be emailed to mcedc.epark@outlook.com. Please specify whether this evaluation and project reports can be delivered by Sept 30, 2023. Mineral County and its agents reserve the right to reject any or all proposals and to waive any formality and technicality. Published in the Mineral Independent on September 14, September 21, 2022. MNAXLP

Legal Notice The following is the ballot statement of an amendment to the Montana Constitution to be submitted to the voters of the state of Montana at the November 8, 2022 General Election. The text below is being published per the requirement of 13-27-311(2) MCA, by Secretary of State Christi Jacobsen. CONSTITUTIONAL AMENDMENT NO. 48 AN AMENDMENT TO THE CONSTITUTION PROPOSED BY THE LEGISLATURE AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE II, SECTION 11, OF THE MONTANA CONSTITUTION TO EXPLICITLY INCLUDE ELECTRONIC DATA AND COMMUNICATIONS IN SEARCH AND SEIZURE PROTECTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: C-48 is a constitutional amendment to amend Article II, section 11 of the Montana Constitution to specifically protect electronic data and communications from unreasonable search and seizures. YES on Constitutional Amenment C-48 NO on Constitutional Amendment C-48 Published in the Clark Fork Valley Press on September 7 and September 21, 2022. MNAXLP

Legal Notice The following is the ballot statement of an amendment to the Montana Constitution to be submitted to the voters of the state of Montana at the November 8, 2022 General Election. The text below is being published per the requirement of 13-27-311(2) MCA, by Secretary of State Christi Jacobsen. CONSTITUTIONAL AMENDMENT NO. 48 AN AMENDMENT TO THE CONSTITUTION PROPOSED BY THE LEGISLATURE AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE II, SECTION 11, OF THE MONTANA CONSTITUTION TO EXPLICITLY INCLUDE ELECTRONIC DATA AND COMMUNICATIONS IN SEARCH AND SEIZURE PROTECTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: C-48 is a constitutional amendment to amend Article II, section 11 of the Montana Constitution to specifically protect electronic data and communications from unreasonable search and seizures. YES on Constitutional Amenment C-48 NO on Constitutional Amendment C-48 Published in the Mineral Independent on September 7 and September 21, 2022. MNAXLP

REQUEST FOR PROPOSALS NOTICE OF SELECTION FOR SCADA SYSTEM PROVIDER TOWN OF PLAINS WATER AND WASTEWATER SYSTEMS The Town of Plains, Montana is seeking proposals for the selection of a SCADA System Provider. The SCADA system will initially serve the wastewater system and be expanded to serve the water system at a later time. The SCADA Provider will provide design, materials and equipment, installation, and integration of the system. Interested parties may contact Rika Lashley, PE, Morrison-Maierle, 406-495-3448, rlashley@m-m.net to request a proposal packet. Complete proposals must be submitted no later than 4:00 pm (MDT) on September 30, 2022. No extensions will be granted. Contractor and any of the Contractor's subcontractors submitting proposals 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, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Preference is given to Montana Contractors according to MCA 18-1-102. Contractor is required to be registered with the DLI prior to proposing on this project. All laborers and mechanics employed by Contractor or subcontractors in performance of the construction work shall be paid, for each wage classification, the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. The Contractor must ensure that employees and applicants for employment are not discriminated against on the basis of their race, creed, color, age, religion, sex, physical or mental disabilities, or national origin and must show affirmative action to ensure Equal Employment Opportunities. This project is funded in part or in whole with grant/loan funding from the Montana State Revolving Fund, FEMA, USACE and ARPA. Award of the project will be contingent upon receiving funding and award concurrence from project funding agencies. The right is reserved to reject any or all proposals received, to waive informalities. The Town of Plains is an Equal Opportunity Employer. Published in the Clark Fork Valley Press on September 14, September 21, 2022. MNAXLP

September 14, 2022 SECOND AMENDED FINDING OF NO SIGNIFICANT IMPACT TO ALL INTERESTED GOVERNMENTAL AGENCIES AND PUBLIC GROUPS As required by state and federal rules for determining whether an Environmental Impact Statement is necessary, an environmental review has been performed on the proposed action below: Project Proposed Relocation of the Plains Wastewater Treatment Plant Location Plains, Montana Project Number C301291 Total Cost $9,325,447 The Town of Plains, through a 2017 Preliminary Engineering Report (PER) for its wastewater facilities and an Updated PER completed in March of 2020, analyzed the condition of its wastewater system components.The primary reason for the PERs is the ongoing threat of the Clark Fork River's encroachment on the Plains wastewater treatment plant (WWTP), located approximately 200 feet from the east bank of the Clark Fork River where it is impacted by erosion caused by repetitive flooding . As a result of the PER planning process, a new three-cell lagoon is nearing construction completion on a 10-acre tract of land north of Helterline Lane, approximately 3/4 -mile northeast of the existing Plains lagoon and outside of the 100-year floodplain. The new WWTP will continue to use the Town's same outfall to the Clark Fork River. An environmental assessment (EA) was issued on March 11 , 2021, by the Department for the proposed Relocation of the Plains Wastewater Treatment Plant Project. On March 24, 2021, the Finding of No Significant Impact (FONSI) for the EA was published in the Clark Fork Valley Press. A 30-day public comment period followed , and no public comments were received. An Amended FONSI was issued on November 24, 2021 , to address, and publicly notice, the increase in total project cost from the original $6,800,447 identified in the EA and original FONSI, and the inclusion of a $530,000 Water Pollution Control State Revolving Fund loan intothe funding package to cover the increased cost. The project cost increase was due to higher than anticipated expenses associated with the land acquisition. Wastewater system revenues were adequate to cover repayment of the WPCSRF loan, and a sewer rate increase was not necessary. That FONSI superseded the previous notice. This Second Amended FONSI is being issued to address, and publicly notice, inclusion of the removal and land application of sludge from the old lagoon cells into the project scope. It also updates the project cost to include American Rescue Plan Act (ARPA) funds secured by the Town of Plains. All other aspects of the Plains wastewater project were adequately covered in the EA and the first Amended FONSI and remain unchanged. The sludge will be land-applied to approximately 135 acres of privately-owned farmland located east of Highway 200, across from the Plains airport. Federal 40 CFR 503 sludge disposal regulations will be followed. The land application of sludge will enhance soil conditions and provide beneficial reuse of the biosolids. It is anticipated that land application of the sludge will occur this fall. The sludge will be hauled from the old lagoon as a liquid in tanker trucks along Helterline Lane, then west on West Railroad Avenue, east on Kruger Road, and then north on Clayton Street to the farmland. The estimated total project cost (including administration, engineering, and construction) is now $9,325,447, due to the addition of a $2,000,000 ARPA competitive grant into the funding package. The project will also be financed with a Federal Emergency Management Agency (FEMA) Grant in the amount of $5,148,500; a $500,000 Montana Coal Endowment Program (MCEP) grant; a $125,000 grant from DNRC's Renewable Resource Grant and Loan (RRGL) Program; a $450,000 grant from the DOC's Community Development Block Grant (CDBG) Program; two grants from the US Army Corps of Engineers (USACE) for a total amount of $575,000; a Water Pollution Control State Revolving Fund (WPCSRF) loan (20 years, 2.5%) in the amount of $520,000; and $6,947 in local funds. The WPCSRF has approved $1,500,000 in additional loan funds that may be used to cover costs, if needed. Federal and State grant/loan programs will fund the project. Environmentally sensitive characteristics such as wetlands, floodplains, threatened or endangered species, and historical sites are not expected to be adversely impacted because of the proposed project. Public participation during the planning process demonstrated support for the selected alternative. No significant long-term environmental impacts were identified. The EA, which describes the project and analyzes the impacts in more detail, along with a map of the sludge application site and haul route, is available for public scrutiny on the DEQ web site http://deq.mt.gov/Public/ea and at the following locations: Department of Environmental Quality 1520 East Sixth Avenue P.O. Box 200901 Helena, MT 59620-0901 mmarsh@mt.gov Town of Plains 101 West Lynch Plains, MT 59869 Comments on the Second Amended FONSI may be submitted to the Department of Environmental Quality at the above address. After evaluating comments received, the department will revise the environmental assessment or determine if an environmental impact statement is necessary. If no substantive comments are received during the comment period, or if substantive comments are received and evaluated and the environmental impacts are still determined to be non-significant, the agency will make a final decision. No administrative action will be taken on the project for at least 30 calendar days after release of the Finding of No Significant Impact. Sincerely, /s/ Mike Abrahamson Mike Abrahamson, P.E. WPCSRF Program Manager Water Quality Division Montana Department of Environmental Quality Published in the Clark Fork Valley Press on September 21, 2022. MNAXLP

INVITATION TO BID Sealed bids for the Flat Creek Discrete Tailings Removal Project will be received up to and including 5:00 pm onSeptember 27, 2022. Note: Bids shall be submitted on the form provided within the Contract Documents. Contract documents may be secured by emailing pparson@tu. org (406) 218-8635. A PRE-BID WALK-THROUGH IS SCHEDULED FOR September 14, 2022. Participants will meet at the site and attendance is strongly recommended.Contractor Requirements: To qualify for this job, the Contractor must show that applicable experience at abandoned mine cleanup and stream restoration projects. This would include moving, handling, and grading at least 5,000 cubic yards of mine waste and/or tailings and the contractor shall have at least two (2) years of river restoration construction experience and shall have complete at least five (5) river restoration projects. Published in the Mineral Independent on September 14 and September 21, 2022. MNAXLP

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