Legals for October, 27 2020

Notice of Public Hearing on Proposed Water Quality Standards Before the Montana Board of Environmental Review and Department of Environmental Quality On September 24, 2020, the Board of Environmental Review (board) initiated rulemaking on proposed amendments of Administrative Rules of Montana (ARM) 17.30.602 and a proposed rule (NEW RULE l) pertaining to selenium standards for Lake Koocanusa and the Kootenai River. On November 5, 2020, at 10 a.m., the board and the Department of Environmental Quality (department) will hold a virtual public hearing, via Zoom, to consider the proposed amendment and proposed adoption of the rule. More information is available on the department's website, including instruction on how to attend remotely, which will be updated on a regular basis, at https://deq.mt.gov/water/Surfacewater/standards. In 2016, the U.S. Environmental Protection Agency (EPA) updated its national selenium criteria guidance published pursuant to section 304(a) of the federal Clean Water Act. The guidance included a recommendation that States, and Tribes develop site-specific selenium standards, whenever possible, due to local environmental factors affecting selenium bioaccumulation in aquatic ecosystems. In 2015, the department began coordinating with an international working group consisting of U.S. and Canadian stakeholders to develop site-specific selenium criteria for Lake Koocanusa. The technical work was undertaken in collaboration with the British Columbia Ministry of Environment and Climate Change Strategy and a selenium committee comprised of scientists recognized for their selenium expertise. There was significant stakeholder collaboration and input throughout the multi-year standards development process. Proposed NEW RULE I contains two classes of selenium standards; fish tissue standards, which limit the amount of selenium allowed to accumulate in different tissues, and water column standards, which are derived from bioaccumulation modeling and intended to limit selenium accumulation in fish tissue. Proposed fish tissue standards applicable to Lake Koocanusa and the mainstem Kootenai River include 15.1 mg/kg (egg/ovary), 11.3 mg/kg (muscle), and 8.5 mg/kg (whole body). Proposed water column numeric standards for total dissolved selenium are set at 3.1 µ/L for the mainstem of the Kootenai River and 0.8 µ/L for Lake Koocanusa. It is necessary to adopt the proposed numeric selenium standards to incorporate the best available science on selenium toxicity and protect selenium-sensitive aquatic life in Lake Koocanusa and the Kootenai River. The proposed fish tissue and water column standards for the mainstem Kootenai River are based on EPA's current 304(a) criteria for flowing waters. The proposed fish tissue and water column standards for Lake Koocanusa are based on EPA 304(a) fish tissue criteria, and site-specific water column criteria derived following procedures set forth by EPA in the 304(a) guidance. Data, views, or arguments concerning NEW RULE I may be provided either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Sandy Scherer, Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov; no later than 5:00 pm on November 23, 2020. The board 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. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., October 29, 2020, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Published In The Western News October 13, 20, & 27, 2020. MNAXLP

LEGAL NOTICE Montana Fish, Wildlife and Parks is seeking public input on a proposal to purchase a conservation easement to protect approximately 7,256 acres of timberland and wildlife habitat in northwestern Montana near Marion, Montana. The property is part of approximately 630,000 acres purchased by SPP Montana, LLC (SPP) from Weyerhaeuser in December 2019. This proposed conservation project is a collaborative effort involving SPP, The Trust for Public Land (TPL), and FWP. The proposed conservation easement, to be held by FWP, would allow SPP to retain ownership of these timberlands, preclude development, protect important wildlife habitat and key landscape connectivity, and provide permanent public access and associated recreational opportunities. A virtual public hearing will be held Oct. 28 at 7 p.m. The online meeting will include a presentation and opportunity for questions and public input. The meeting will be livestreamed on the FWP website at fwp.mt.gov/regions/r1 and the FWP YouTube channel. Instructions for participating in the virtual meeting will be posted online beforehand. A copy of the draft environmental assessment is available at the FWP office, 490 N. Meridian Rd., Kalispell; Montana State Library, 1515 E 6th Ave., Helena; FWP State Headquarters, 1420 E 6th Ave., Helena; and the FWP website at http://fwp.mt.gov/news/publicNotices/. FWP asks that comments on this draft environmental assessment be submitted to either of the following addresses by 5:00 pm on November 8, 2020: Kris Tempel, Montana Fish, Wildlife & Parks, 490 N. Meridian Rd, Kalispell MT 59901; or via email (ktempel@mt.gov). Published In The Western News October 20 & 27, 2020. MNAXLP

PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE BAER LODGES, LLC, (Owner(s)) has applied to transver Montana All-Alcoholic Beverages License No0. 56-999-4337-002 to be operated at RIVERSTONE FAMILY LODGE, 6370 US Highway 93N. Eureka, Lincoln County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Lincoln County, residents of adjoining Montana counties, and residents of adjoinging counties in another state if the criteria in 16-4-207 (4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number 56-923-4465-001 and the applicant's name BAER LODGES, INC.; (3) an indication that the letter is intended as a protest;(4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405 MCA. Examples of valid protest grounds include (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriosly affected. How are protest submitted? Protest must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59605-5805 on or before June 19, 2020. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Libby. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Charlene Sholey, Compliance Specialist for the Department of Revenue's Alcoholic Beverage Control Division, at 444-3505 or Charlene.Sholey@mt.gov. Published In The Western News October 20 & 23, 2020. MNAXLP