Public Comment. Volume III - Montana Legislature

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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
Impact Analysis Studies and Proposed Mitigation Approach Page 12 TRRC must meet the mitigation compensation requirements and any subsequent mitigation requirements established by the mitigation committee as a condition of the easement across the MCFH. 6.0 References Cited Ellard, J.A., N.P. Nickerson, and K. McMahon. 1999. Recreation participation patterns by Montana residents. Research Report 68. Institute for Tourism and Recreation Research, University of Montana School of Forestry, Missoula. Montana Department of State Lands (MDSL), Montana Department of Fish, Wildlife, and Parks, and Montana Department of Highways. 1989. Tongue River railroad environmental assessment for proposed state permit, lease, and easement decisions, southeast Montana. Montana Department of State Lands, Helena. .. Montana Department of Fish, Wildlife, and Parks. 1998. Mile City fish hatchery responsibility center financial report for fiscal year 1998 (07-01-97 to 06-30-98). Unpublished data. Montana Department of Fish, Wildlife, and Parks. 1999. Mile City fish hatchery responsibility center financial report for fiscal year 1999 (07-01 -98 to 06-30-99). Unpublished data. Piper, R. G. et al. 1982. Fish hatchery management. US Department of the Interior, Fish and Wildlife Division. Washington , D.C. EQC Eminent Domain Study -233-
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Public Benefits and Private Rights:
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Helena Public Hearing. December 1.
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The Eminent Domain Subcommittee (Su
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The location of the right-of-way of
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land to locate the pipeline. She ad
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in a case in Illinois a pipeline wa
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REP. MCGEE questioned who would pay
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PUBI-IC COMMENT - BILLINGS Dena Hof
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use the power of eminent domain sho
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were no answers provided. 'The Legi
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telecorr~munication lines, and rail
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EMINENT DOMAIN DRAFT STUDY REPORT P
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certain criteria for State and Fede
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Exhibit 6 from last meeting -- Requ
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circumstances, which is exactly wha
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ight to all of the surface damage p
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I support eminent domain reform. I
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of Property" should also be rejecte
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that only a very few condem~iations
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approved use, the bill should requi
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While we don't believe this legisla
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projects delayed it is the citizens
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the subcommittee have been clear th
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Cenex supports the findings and rec
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up front. State and federal governm
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Cenex supports the findings and rec
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draft legislation, which does the f
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-The "Necessity/Public Interest" is
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I support eminent domain reform. I
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e used as a guide to better underst
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MEIC's testimony at the December 1,
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Northern Plains Resource Council Ma
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BROWN LAW F w P.C. Page 2 April 1 1
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BROWN hw P.C. Page 4 April 1 1, 200
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Page 2 March 3 1. 1000 3. Yearly fe
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Montana Environmental Quality Counc
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The five eminent domain reform bill
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Lee, Krista From: 3ent: To: Subject
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mlt~ Montana Independent Telecommun
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THE .. *I& i k end o* CQALITBON Jan
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knowledgeable buyer will pay and a
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volume gasoline pipelines at the ti
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January 23, 2000 Krista Lee Environ
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3. The land value be based on whate
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NFW SECTION, Section 1. Limitation
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Memorandum TO: Aaron Browning FROM:
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MEMORANDUM MONTANA DEP~TMENT OF '+
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v 6 - c U :Preferable, maybe. Desir
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Public water supply wells susceptib
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Lee, Krista From: Alan Roiston [ala
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11. Whether a condemning corporatio
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BULL MOUNTAIN LANDOWNERS ASSOCIATIO
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APR- 3-00 MON 1145 PM THE PRINTERY
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. . . . . . . . . . . .. . . . . .
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Environmental Quality Council March
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Northern Plains Resource Council Ma
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These examples illustrate that clea
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is not already appropriated to some
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Schoro v. Anaconda Co., 187 Mont. 3
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the abuse. But the changes being co
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DM1 ASPEN BOWER - COLORADO SPRIIUq
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HOLLAND & HART ATTORNEYS AT LAW LLP
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Environmental Quality Council April
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GOVERNOR SI.ARC R\CICOT HOCSE SIESI
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ROCKER SIX CAlTLE CO. HC 84 BOX 205
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Hi Krista, This letter is in regard
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NA COAL COUNCIL 01 COLONIAL DRIVE H
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03/31/00 FRI 11:18 FAX 1 406 761 83
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BROWNING, KALECZYC, BERRY & HOVEN,
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EQC Eminent Domain Subcommittee-Pub
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No matter what. No criteria is appl
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On the issue of the use of taken la
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3UDcommlttee-Pu blic Hearing WALLAC
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h.VC Lvl~ll~ent Oun~will Subcummitt
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1. hcgv Conservation. (Using less e
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In conclusion, it is important to r
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changed. Thosc who seek to condemn
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*.I - EQC Eminent Domain Subcommitt
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ights-of-way along with other uses,
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STANDARD CORM 199 Pr*9c*bd by DOz/U
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Other exemptions, waivers, or reduc
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-168- Volume Ill: Public Comment U.
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Ensuring just compensation: In most
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company by statute, in order to obt
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Crude Oil and Petroleum Products Pi
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Mitigation Measures #2 (State and F
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Burden of Proof EQC Eminent Domain
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EQC Eminent Domain subcommittee May
Page 186 and 187: TABLE OF CONTENTS . Section Page 10
Page 188 and 189: PROPOSED MASTER MITIGATION POLICY.
Page 190 and 191: DRAFT, 4/9/8 5 Indirect .land loss,
Page 192 and 193: DRAFT, 4/ 9/8 5 (5) Impacts During
Page 194 and 195: DRAFT, 4/9/85 the possibility of es
Page 196 and 197: DRAFT, 4/9/85 21) LARRS requests th
Page 198 and 199: DRAFT, 4/9/85 11 impacted communiti
Page 200 and 201: DRAFT, 4/9/85 13 appropriate . agen
Page 202 and 203: DRAFT, 4/9/85 ( 2 Strict speed limi
Page 204 and 205: DRAFT, 4/9/85 (5) A program of nois
Page 206 and 207: DRAFT, 4/ 9/ 8 5 b, Local. ambulanc
Page 208 and 209: DRAFT, 4/9/85 21 tion and operation
Page 210 and 211: DRAFT, 4/ 9/ 8 5 23 ces . These per
Page 212 and 213: DRAFT, 4/9/85 (a) quality (b) formi
Page 214 and 215: DRAFT, 4/9/85 27 tify new winter ra
Page 216 and 217: DRAFT, 4/9/85 29 of these individua
Page 218 and 219: DRAFT, 4/9/85 2. Topsoil should.. b
Page 220 and 221: DRAFT, 4/ 9/8 5 33 district ;would.
Page 222 and 223: DRAFT, 4/ 9/ 8 5 - and/or operation
Page 224 and 225: EQC Eminent Domain Subcommittee May
Page 226 and 227: Miles City Fish Hatchery Impact Ana
Page 228 and 229: Impact Analysis Studies and Propose
Page 238 and 239: '. ATTACHMENT A 'VIBRATION AND IMPA
Page 240 and 241: Study Plan Page 2 . As a condition
Page 242 and 243: Study Plan Page 4 Lab Tests -Target
Page 244 and 245: Study Plan Page 6 Information neede
Page 246 and 247: Study Plan Page 8 Rcfcrcnce List Be
Page 248 and 249: United States Department of the Int
Page 250 and 251: Bobbi Keeler, FA Coordinator 3 Idea
Page 252 and 253: EQC Eminent Domain Subcommittee DEP
Page 254 and 255: Robert Ochsner April 5, 1994 Page 3
Page 260 and 261: . Robert Ochsner April 5, 1994 Page
Page 262 and 263: Memo--Marylee Norris, John North Fe
Page 264: EQC Eminent Domain Subcommittee May
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Public Comment. Volume III - Montana Legislature

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