Public Comment. Volume III - Montana Legislature

EQC Eminent Domain
Subcommittee-Public Hearing
March 23,2000
Exhibit 11
Summary
Violations Cited by DEQ
&
Landowners' Concerns with the CENEX Pipeline Construction
On paper, the eminent domain law requires that project construction must do the "least private
injury for the most public good. " In practice, however, landowners crossed by the CENEX
Billings-to-Hysham Pipeline found they had to constantly fight for responsible construction, and
even then, they were ofien unable toprevent unnecessary damaged to their lank Only one
family risked the substantial expense of taking their concern to court where they lost their
appeal for fair treatment, With limited time and resources, landomers were forces to police the
project themselves and when the statefinally stepped in it was only afier the damage had been
done.
Water Quality Act (Storm Water Runoff Permit) Violations:
(listed in the order they are discussad in the DEQ violation letter)
Insufficient carc in salvaging topsoil.
Mixing of topsoil and subsoil.
Burial of brusb and timber in fill slopes.
Iuadapate silt fencing.
Reclamation lagging fiu behind construction.
Idequate plurning and supvision of ammmion activities, (note violations
concerning sanituy conditions md portable bathxms on page 8).
Incomplete inspection, dacumcntation, and reporting.
Landowner Concerns:
No notice given md fcace gates left open- Landowners were rarely, if ever notified when
construction crms would be working on their land, And, construction crews often left gates
open, allowing livestock to get out.
Unlicensed surveyor- CENEX used a surveyor who was unlicensed in Montana to survey the
route on several ranches.
No restoration of topography- On several ranches, little or no effort was made to restore the
topography that existed before the pipeline was installed.
No notice of opportunities for public comment - Although there was an environmental review
for the project, landowners were never personally notified of opportunities for public comment.
A legal notice in the back of the paper was the only way to learn that an Environmental impact
Statement process was underway. CENEX landmen were meeting with landowners and leasing
up rights-of-way at the same time the EIS process was underway, but never mentioned to
landowners that there was a public process they could participate in.
-1 58- Volume Ill: Public Comment