Public Comment. Volume III - Montana Legislature

Impact Analysis Studies and Proposed Mitigation Approach Page 1 1
Immediate (within 10 days) repair to damaged structures and relocation and/or
replacement of any structures found to be contaminated or otherwise no longer
useable because of TRR operations;
Immediate compensation for lost fish production in the form of a payment that
will cover increased production, including all associated direct and indirect costs.
Due to Unknown Conditions and causes for a mitigatable event under Level 111,
the mitigation committee would need to look at all options and or combination of
options (whether identified in this document or not) that would minimize losses
and maximize mitigation efforts.
Development of additional structures, up to and including a complete new
hatchery on an alternative site chosen by MT DFWP, to accommodate lower -
levels of production in existing facilities; and
It would be the responsibility of TRRC (through the mitigation committee), to
design studies to determine the exact cause(s) of any railroad related loss, plan a
mitigation strategy, and, if necessary, provide additional man power (specialists,
third party consultants and temporary staffing), equipment, and facilities to
accomplish this mitigation.
Mitigation Compensation
The state will require a hnding mechanism for year-to-year compensation needs to be
established by TRRC and administered by the five-person mitigation committee. When a
mitigative event occurs attributable to TRRC, the committee will meet and decide upon
appropriate compensation. At that time, MT DFWP will be authorized to draw upon the
fund and pursue corrective actions or to be reimbursed from the fund for mitigation
actions already taken. The hnd can be in the form of a security bond, irrevocable letter of
credit, insurance policy with the state listed as an additionally insured, or any other
commonly used instrument or combination of instruments, as long as it can accomplish
the following mitigation needs:
The hnd has to be readily accessible to MT DFWP, once the committee
determines by majority vote a mitigative event occurs, to minimize delay in
applying mitigation and to limit impacts that will worsen with delay. MT
DFWP costs for using state funds to initiate mitigation will also be
reimbursable from the hnd, if the committee subsequently determines a
mitigative event has occurred.
The hnd must have the flexibility to provide for both partial and total
disbursement. Partial disbursement (e.g. a portion of a security bond) may be
necessary if required for such things as purchasing replacement stock to
compensate for TRR related production losses. Total reimbursement must be
available for the unlikely, but possible, loss of the entire hatchery production
andlor facilities because of a TRR caused catastrophic event.
Because mitigation from the fund is not expected to occur until construction
and operation begins, the committee will be appointed and meet during the
baseline study period to establish the total fund requirement prior to the onset
of construction.
C.?hgeTW
l.l4.0u&
-232- Volume Ill: Public Comment