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Legals for June, 9 2023

| June 9, 2023 12:00 AM

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of Claire C. Rose MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: CLAIRE C. ROSE, Deceased. NOTICE TO CREDITORS No. DP-23-59 Hon. Matthew J. Cuffe, Judge NOTICE IS HEREBY GIVEN that ROBERT L. ROSE has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to ROBERT L. ROSE, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Claire C. Rose, at P.O. Box 918, Kalispell, MT  59903. DATED:   April 28, 2023 /s/ ROBERT L. ROSE Personal Representative Estate of Claire C. Rose, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of Claire C. Rose Published In The Western News May 26, June 2 & 9, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of Marvin H. Haefele MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: MARVIN H. HAEFELE, Deceased. NOTICE TO CREDITORS No. DP-23-58 NOTICE IS HEREBY GIVEN that RITA S. HAEFELE has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to RITA S. HAEFELE, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Marvin H. Haefele, at P.O. Box 918, Kalispell, MT  59903. DATED:   April 24, 2023 /s/ RITA S. HAEFELE Personal Representative Estate of Marvin H. Haefele, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of Marvin H. Haefele PUBLISHED In The Western News May 26, June 2 & 9,, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of Carol King Taylor MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: CAROL KING TAYLOR, Deceased. NOTICE TO CREDITORS No. DP-23-62 NOTICE IS HEREBY GIVEN that TRACY PRIEST has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to TRACY PRIEST, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Carol King Taylor, at P.O. Box 918, Kalispell, MT  59903. DATED:   May 2, 2023 /s/ TRACY PRIEST Personal Representative Estate of Carol King Taylor, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of Carol King Taylor PUBLISHED In The Western News May 26, June 2 & 9, 2023. MNAXLP

Paul A. Sandry Johnson, Berg & Saxby, PLLP 221 First Avenue East PO Box 3038 Kalispell, Montana 59903-3038 Telephone: (406) 755-5535 Facsimile: (406) 756-9436 Email: psandry@jbsattorneys.com  Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF  SHAWNA JO GREEN, Deceased. Cause No.: DP-23-71 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that KODY GREEN has been appointed Personal Representative of the above-named Decedent.  All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to KODY GREEN, the Personal Representative, return receipt requested, c/o Johnson, Berg & Saxby, PLLP, PO Box 3038, Kalispell, MT 59903-3038, or filed with the Clerk of the above-entitled Court. DATED this 25th day of May, 2023. JOHNSON, BERG & SAXBY, PLLP /s/ Paul A. Sandry  Paul A. Sandry Attorneys for Personal Representative PO Box 3038 Kalispell, Montana  59903-3038 PUBLISHED IN The Western News June 2, 9 & 16, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of  Kenneth R. Alkire MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: KENNETH R. ALKIRE, Deceased. NOTICE TO CREDITORS No. DP-23-53 NOTICE IS HEREBY GIVEN that MARY BETH ALKIRE has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to MARY BETH ALKIRE, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Kenneth R. Alkire, at P.O. Box 918, Kalispell, MT  59903. DATED:   April 14, 2023 /s/ MARY BETH ALKIRE Personal Representative Estate of Kenneth R. Alkire, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of  Kenneth R. Alkire PUBLISHED IN The Western News June 2, 9 & 16, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of  Helen M. Martin MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: HELEN M. MARTIN, Deceased. NOTICE TO CREDITORS No. DP-23-63 NOTICE IS HEREBY GIVEN that CRAIG L. MARTIN has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to CRAIG L. MARTIN, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Helen M. Martin, at P.O. Box 918, Kalispell, MT  59903. DATED:   April 17, 2023 /s/ CRAIG L. MARTIN  Personal Representative Estate of Helen M. Martin, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of  Helen M. Martin PUBLISHED IN The Western News June 2, 9 & 16, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of  Sterling L. Hayes, Jr. MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: STERLING L. HAYES, JR., Deceased. No. DP-23-68 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that AUSHA M. BECKRICH has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to AUSHA M. BECKRICH, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Sterling L. Hayes, Jr., at P.O. Box 918, Kalispell, MT  59903. DATED:   May 11, 2023 /s/ AUSHA M. BECKRICH Personal Representative Estate of Sterling L. Hayes, Jr., Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of  Sterling L. Hayes, Jr. PUBLISHED IN The Western News June 2, 9, & 16, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of  Ronald O. Bradshaw MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: RONALD O. BRADSHAW, Deceased No. DP-23-51 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that MARY C. BRADSHAW has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to MARY C. BRADSHAW, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Ronald O. Bradshaw, at P.O. Box 918, Kalispell, MT  59903. DATED:   April 18, 2023 /s/ MARY C. BRADSHAW Personal Representative Estate of Ronald O. Bradshaw, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of  Ronald O. Bradshaw PUBLISHED IN The Western News June 2, 9, & 16, 2023. MNAXLP

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOI/RROF) Date of Publication of Notice City of Libby PO Box 1428                                        Libby, MT. 59923                                   406-293-2731     TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: On or before June 15, 2023, the above-named City of Libby will request the Montana Department of Commerce to release funds under Title I of the Housing and Community Development Act of 1974, as amended, (PL93-383) for the following project: PROJECT, TITLE OR NAME:  Libby Wastewater Improvements PURPOSE OR NATURE OF PROJECT: Replace the existing wastewater treatment plant control system and three sections of sewer main. LOCATION (CITY, COUNTY, STATE): City of Libby, Lincoln County, Montana.  ESTIMATED COST OF PROJECT: $1,189,000  An Environmental Review Record documenting review of all project activities in respect to impacts on the environment has been made by the above-named City of Libby.  This Environmental Review Record is on file at the above address and is available for public examination or copying, upon request. The City of Libby will undertake the project described above with Community Development Block Grant funds provided by the Montana Department of Commerce, under Title I of the Housing and Community Development Act of 1974, as amended.  The City of Libby is certifying to the Department of Commerce that the City of Libby and Mayor Peggy Williams, in her official capacity as Mayor consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satisfied.  The legal effect on the certification is that upon its approval, the City of Libby may use the CDBG funds, and the Department of Commerce will have satisfied its responsibilities under the National Environmental Policy Act of 1969 as delegated to the State of Montana through the 1981 Amendments to the Housing and Community Development Act.   The Department of Commerce will accept an objection to its approval of the release of funds and acceptance of the certification only if it is on one of the following bases:   (a)   that the certification was not in fact executed by the chief executive officer or other officer approved by the Department of Commerce;  (b) that the applicant’s environmental review record for the project indicates omission of a required decision, finding, or step applicable to the project in the environmental review process; (c)  the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by DOC; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental design. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and may be addressed to the CDBG Program, Department of Commerce, Community Development Division, P.O. Box 200523, 301 S. Park Avenue, Helena, Montana 59620. Objections to the release of funds on bases other than those stated above will not be considered by the Department of Commerce.  No objection received after June 15, 2023 will be considered by the Department of Commerce. Mayor Peggy Williams City of Libby Po Box 1428 Libby, Montana 59923 Michael W. Fraser, PE Environmental Certifying Officer PUBLISHED IN The Western News June 9, 2023. MNAXLP

CITY OF TROY VACANT COUNCIL SEAT The City of Troy is seeking letters of interest for a vacant Council seat. The term will run through December 31, 2023. The person appointed to fill the vacancy must possess the required qualifications for the office, including residing within the City limits of Troy at least six months prior to appointment and must be a registered voter. Letters can be mailed to the: City of Troy PO Box 823 Troy, Montana 59935 Or letters may be dropped off at Troy City Hall, 301 E Kootenai Avenue, Troy, MT. Please mark on the envelope “Open Council Seat” Letters of interest will be accepted until 4:00 pm, June 16, 2023. PUBLISHED In The Western News June 9 & 13, 2023. MNAXLP

CALL FOR BIDS The City of Libby will receive sealed bids up to and including 4:00 p.m. on Friday June 16th, 2023, for the purchase of unspecified amounts of the following items: 1. CRS2-CRS2P, MC250, HFE 300HP, and HF150S road oil in truck load lots as required (bids should state price per ton and net gallons per ton delivered F.O.B. Libby). 2. Unleaded Gasoline. 3. #2 Diesel Fuel Oil. 4. Propane. 5. Crushing and stockpiling 5/8” minus crushed gravel 3/8” minus crushed chips to meet NAAQ standards for PM-10 (Subchapter 3. Paragraph 75.1-303 EMISSION LIMITS) at the city gravel pit using city materials (gravel), unless other arrangement is made.  Bids should state price per cubic yard. 6. PROCESS COLD MIXED ASPHALT:  Using asphalt emulsion best suited for crushed aggregate provided by City (determined by samples taken from stockpile and lab tested).  Mixing and stockpiling to be performed at City gravel pit on Pipe Creek Road unless other arrangements are made. 7. HOT MIXED ASPHALT PAVING: (bid price per square yard, 1” - 2” mat, compacted in place) to be done within the City Limits having existing cement curbs and gutters, storm drain catch basins, sewer manholes and water valve boxes.  Bids include a hot mix design to perform under business/residential traffic loads, preparation of existing street surface to efficiently accept hot mix overlay, tack coat, paving and compacting to current MDOT specifications.         The City of Libby understands that preparation needs of street surfaces vary and that each street requires different treatment prior to paving.  The average costs for preparation are needed as a guideline for budgeting purposes and information can be made more specific if funds become available. The purchase of fuels is to be made from a Key-Lock, Card-Lock, and in a facility accessible 24 hour per day. Your bids for the Propane, Unleaded Gasoline and Diesel Fuel must disclose the following: Unleaded Gasoline Diesel Fuel Propane         Supply Rack            Posted price            Discount (if any) Freight to Libby        State Tax               DST Fee/Super Fund Fee Subtotal                Minimum Mark up at 7%   Additional margin       Total Bid                Please quote your bid for prices effective on July 1, 2023, through June 30, 2024, and include a copy of the OPTS posting for the supply rack involved. It is understood that propane, unleaded gasoline, and diesel fuel prices fluctuate.  The successful vender may change prices as the supply rack prices change.  The City reserves the right to request verification through OPTS posting from time to time during this contract. Bids will be accepted on one or all bases. The City will accept the lowest responsible bid, but the council reserves the right to reject any or all bids or to waive any technicality or informality and accept any bid which may be deemed best for the interest of the City of Libby. The successful bidder will be required to abide by Federal and State minimum wage and fringe benefit laws, particularly Section 18-2-401, et seq. MCA and must comply with all requirements of applicable Federal laws in this State.  Bid bonds requirements of Section 18-1-202 MCA shall be waived. Bids should be addressed to the City Clerk/Treasurer, Post Office Box 1428, Libby, Montana 59923-1428, sealed and be plainly marked “Bids”. Bids will be opened Monday, June 19th, 2023, at 11:00 a.m. with a recommendation to the City Council at the next regular scheduled meeting or at the next scheduled special meeting, whichever is earlier. By order of the Mayor of the City of Libby. PUBLISHED IN The Western News June 9 & 16, 2023. MNAXLP

Public Notice:  Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water rights from the Kootenai River, Rainy Creek, and/or Carney Creek located near Libby, Montana pursuant to MCA § 85-2-402.  The Lessor and owner of the water rights is the Kootenai Development Co., 7500 Grace Drive, Columbia, Maryland 21044.  The Montana DNRC water right numbers for the temporarily changed water rights are 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00, and 76D 30023375. The purpose of the lease is for road construction and dust abatement.  The source of water to be used under the temporary change is the Kootenai River, Rainy Creek, and/or Carney Creek.  The diversion of water is proposed to start on July 5, 2023, and end on September 4, 2023. Under the temporary change:  The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE¼, SW¼, NE¼ of Section 32 in Township 31 North, Range 30 West Lincoln County on the Kootenai River;   the proposed point of diversion for water rights 76D 303-00, 76D 305-00, and 76D 310-00 will be the NW¼ NE¼ SE¼ of Section 21, Township 31 North, Range 30 West Lincoln County, at the Mill Pond located at the confluence of Carney Creek and Rainy Creek;  the proposed place of use is in sections 15, 16, 21, 22, 28 and 32 all in Township 31 North, Range 30 West Lincoln County.  The maximum flow rate and volume for all water rights will not be exceeded, and the cumulative diversion and use of any rights will not exceed 120,000 gallons per day.   The industrial water used under water rights 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00 will be temporarily curtailed during the term of this lease.  The water right is not abandoned and the point of diversion and means of diversion are still functional.  The 14.2 acres of irrigation use under water right 76D-30023375 will also be temporarily curtailed during the term of this lease. Analysis of flow records provided by the USGS at stream gauging station 12301933for the Kootenai River below Libby Dam near Libby Montana show that the minimum flow rate for the Kootenai River is 3,000 cfs (https://waterdata.usgs.gov/mt/nwis/uv?site_no=12301933).  Withdrawing 120,000 gallons of water per day is approximately 0.0062% of the daily minimum flow of the Kootenai River which can be considered de minimis.  The proposed point of diversion is not moving upstream or downstream of any other existing water user on the Kootenai River.  There are no other water rights on Rainy Creek or Carney Creek, that could be adversely effected by the lease.  Use of any water rights will continue to operate in priority, and within the historic appropriation.  Accordingly, it does not appear that the water use will cause adverse effect to any other water users.  If any water users are adversely effected, diversions will be immediately curtailed until the adverse effects subside.  Questions, comments or concerns can be communicated to the Lessor at nick.raines@grace.com. PUBLISHED IN The Western News June 9, 2023. MNAXLP

C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP  Attorneys at Law  136 1st Ave. W. P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative    MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of VIOLET M. CARROLL,   Deceased Cause No.  DP-23-65 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 Jim L. Brue, Personal Representative by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED  May 19, 2023.  s/ Jim L. Brue Personal Representative  Personal Representative’s Attorneys: Hash, O’Brien, Biby & Murray, PLLP  By s/ C Mark Hash PUBLISHED IN The Western News June 9, 16 & 23, 2023. MNAXLP

Legal Notice Comprehensive Five-Year Bond Review for Stimson Lumber Company, Keeler and Six-Mine Quarries (Hard Rock Mining Operating Permit No. 00082 The Department of Environmental Quality (DEQ) is conducting a comprehensive bond review for Operating Permit No. 00082 issued to Stimson Lumber Company (Stimpson). Stimson’s two quarries and associated disturbances are located south of Troy near the junction of Iron Creek Road with Copper Mountain Road (T30N R33W Section 7), and east of Libby along Fisher River Road (T29N R29W Section 9).  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 a bond increase of $31,950 (from $9,055 to $41,005). The bond increase is largely due to changes in fuel prices, equipment rates, and updated indirect costs associated with reclamation projects.  The procedure for adjusting bonds as a result of a comprehensive bond review is set forth in Section 82-4-338(3), MCA. The company and the public will have until July 9, 2023, to comment on the proposed bond increase. 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 DEQHardRock@mt.gov.  PUBLISHED IN The Western News June 9, 2023. MNAXLP