Legals for March, 21 2023
NOTICE OF CLOSE OF VOTER REGISTRATION AND OPTION FOR LATE REGISTRATION FOR SCHOOL DISTRICT ELECTIONS NOTICE IS HEREBY GIVEN that regular* registration for elections to be held on May 2, 2023 will close at 5:00 p.m. on Monday, April 3, 2023. To register to vote, or to update your name, address, or other voter information, submit the voter registration application to the county elections office. You may obtain an application by calling the elections office at 406-283-2302 or 2304, or downloading the application online at https://lincolncountymt.us/wp-content/uploads/2015/12/Voter-Registration-Application.pdf. The application must be signed before being submitted to the election’s office. Note: If you miss this regular registration deadline, you may still register for the election by coming to the Lincoln County Election Center located at 418 Mineral Avenue, Floor B, up to and including Election Day. The following school districts are scheduled to hold a May 2, 2023 election; however, their elections may be canceled if trustee positions are not contested and there are no other ballot issues to vote on: LINCOLN COUNTY SCHOOL DISTRICTS 1, 4, 13, 14, 15, 24 and 53. All active and inactive electors of the above-mentioned school districts are entitled to vote in the election for the district in which they reside. **For districts holding a mail ballot election, ballots will be automatically mailed to registered electors with an active status by April 17, 2023. For districts holding a polling place election, ballots will be mailed to absentee voters only on April 12, 2023. If you do not receive a ballot, contact the County Election Office at 406-283-2302 or 2304, or in person at 418 Mineral Avenue, Floor B, Libby, MT 59923 for more information on voter eligibility and how to receive a ballot. Done this 8th day of March, 2023. Paula Buff Lincoln County Elections Administrator PUBLISHED In The Western News March 14, 21 & 28, 2023. MNAXLP
PUBLIC NOTICE Notice of application for a Licensed Landfill Conditional Air Quality Open Burning Permit (pursuant to the Lincoln County Air Pollution Control Ordinance Chapter 1, Subchapter 4, Outdoor Burning Regulations) Lincoln County Solid Waste filed on March 1st, 2023, an application for conditional air quality open burning permits from the department. Applicant seeks approval of its application to open burn wood waste piles at the Eureka, and Troy Landfills. Any member of the public with questions or who wishes to receive notice of Air Quality Control of the Lincoln County Department of Environmental Health’s determination, and the location where a copy of the application can be reviewed, or to submit comments on the application, must contact the department at 418 Mineral Avenue, Libby, Montana 59923, Phone 406-283-2442, FAX 406-293-5640, e-mail lcdeh@libby.org. Any comments on the application must be submitted to the department by no later than 5:00 P.M. on Friday, March 31st, 2023. Comments may be submitted in person (418 Mineral Avenue), by FAX (406-293-5640), or by E-mail (lcdeh@libby.org). The department’s decision to approve or deny any application for a conditional open burning permit may be reviewed by the City-County Board of Health for Lincoln County according to the following procedure: When the department approves or denies the application for a conditional open burning permit under this section, a person who is jointly or severally adversely affected by the decision may request, within 15 days after the department renders its decision, upon affidavit setting forth the grounds therefore, a hearing before the board. The department’s decision on the application is not final unless 15 days have elapsed and there is no request for a hearing under this section. The filing of a request for a hearing postpones the effective date of the department’s decision until the conclusion of the hearing and issuance of a final decision by the board. PUBLISHED In The Western News March 17, 21, 24, 28 & 31, 2023. MNAXLP
NOTICE OF EXPLANATION FOR FLOODPLAINS AND/OR WETLANDS March 21, 2023 The City of Libby, Montana intends to undertake a project located in the100-year floodplain. The project involves replacing old sewer mains in three locations, California Avenue between 9th and 10th Streets, from Balsam Street south between Custer Avenue and Gallatin Street and on Flower Street west of Nevada, and a new control system for the wastewater treatment plant as a CDBG project under the Montana CDBG program. It is the City of Libby’s judgment that the proposed improvements outweigh consideration of Executive Order11988. Flood plain involvement is limited to an area at the wastewater treatment plant, a part of the control building and the area around the influent pump station.A more detailed description of the project and the FEMA flood maps are available for citizen review from Michael Fraser, the Environmental Certifying Officer, 406-253-4326 or mfraser@montanasky.net. Comments will be received until March 28, 2023 at City Hall 952 East Spruce Street, Libby, Montana, 59923 or at the above email address. s/ Michael Fraser Environmental Certifying Officer Fraser Management & Consulting, PLLC. 690 North Meridian, Suite 103 Kalispell, MT. 59901 PUBLISHED In The Western News March 21 & 24, 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 April 6, 2023, and end on July 5, 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 representative Hafferman Engineering Inc. at kurt@haffermanengineering.com PUBLISHED In The Western News March 21, 2023. MNAXLP