Public Comment. Volume III - Montana Legislature

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Study Plan Page 6 Information needed in order to conduct this study include: Accumulation and distribution of incidental coal dust generated by TRR operations as it affects the water supply and ponds of MCFH, A review of related studies that describe methodology and provide results, Results of bioassays that test the effects of coal dust to fish, plankton, and macroinvertebrates. Obiective. The objective of coal dust studies should be to determine how incidental coal dust from TRR operations will affect production, survival, and condition of plankton, macroinvertebrate, and fish raised in MCFH ponds. - Literature 1 SANSS review Determination of the levels of incidental coal dust (modeling) Bioassays (if necessary) Data analysis A literature review is necessary to determine effects of coal dust to. fish. The Chemical Information Systems (CIS) company specializes in such searches and may be used to retrieve information fiom the Structural and Nomenclature Search System (SANSS) database. Modeling to simulate conditions around MCFH should be conducted to determine the distribution and pattern of incidental coal dust as well as the potential for contamination. Derailment events Catastrophic events of concern to MT DFWP include train derailments within the vicinity of MCFH and anywhere upstream where the hatchery's secondary water supply h m the Tongue River may be contaminated with potentially hazardous chemicals and materials. Although the risk of derailment associated with a single trip may be minuscule, over the course of a year there can be as many as 4,400 train trips that increase the likelihood. This risk also increases as the number of trains and the loads increase throughout the life span of the railroad. Derailment may result in a spill of petrochemicals, such as diesel he1 and lubricants, which are hannhl to aquatic life and pose a threat to the hatchery operations. Current estimates have been provided for defined sections of the railroad that are of interest to TRRC (Radian, 1998). However, there should be an assessment of this event as it may affect MCFH. This may result in recommendations for emergency spill response either on-site or at MCFH's intake on the Tongue River. Questions that should be addressed in derailment studies include: What is the risk of derailment, spillage, and contamination associated with TRR operations as it affects MCFH? -240- Volume Ill: Public Comment
Study Plan Page 7 What specific petrochemicals does the railroad carry? Are there specific actions that can contain spills and reduce the risk to the hatchery? Information needed for this study include: Estimate of derailments per train miles for TRR fiom MCFH and upstream, Bioassay results for target species and life stages for TRR petrochemicals, and Review of containment procedures. Qbiective The objective of an assessment of derailment events should be to determine the probability, extent of spill, and biological effects associated with TRR operations as it affects MCFH. . . - E f (OHMTADS) the literature would provide supporting materials for assessing the biological risk to hatchery fish. Also, the EPA's Oil and Hazardous Materials Technical Assistance Data System database would provide concentrations that are detrimental to the four tdgeted species for the major petrochemicals associated with the TRR. If a particular hatchery species is not listed, a surrogate species will be used instead. Literature review on biological effects of petrochemicals & containment techniques OHMTADS database Risk assessment EQC Eminent Domain Study -241 -
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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
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TABLE OF CONTENTS . Section Page 10
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PROPOSED MASTER MITIGATION POLICY.
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DRAFT, 4/9/8 5 Indirect .land loss,
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DRAFT, 4/ 9/8 5 (5) Impacts During
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Page 196 and 197: DRAFT, 4/9/85 21) LARRS requests th
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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 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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