Public Comment. Volume III - Montana Legislature

Robert Ochsner
April 5, 1994
Page 2
our surface lessee(s) is a separate issue that you will have to
deal with as required by law.
As to the CRP contracts, the department's recommendation will
also stay the same. The department feels the contracts should be
retained until the land is actually disturbed. At that time, 'the
department will ask for compensation equal to 100% of the remaining
amount of payments under the contract. 1n.addition Meridian
would be responsible for any and all paybacks, including penalties
and interests that may be levied as a result of the cancellation
or modification of the CRP contracts.
Environmental Analvsis t Other Issues - The department will agree
to change its recommendation regarding firebreaks and fire patrols.
In place of this, a recommendation that the easement
contain stipulations which reference your responsibilities as
cited in current law &/or rule.
As to the bridge in Tract #2 - S* Section 16, T5N-R25E, Musselshell
County, the department will agree to amend its recommendation
to allow the placement of a water culvert and a livestock
underpass culvert. This recommendation will also contain a requirement
that current permits from other agencies such as the
Army Corps of Engineers must be secured for this activity.
Because the proposed line will not effect any existing water
source on the state lands in Tract #4 - W* Section 32, T6N-R26E,
Musselshell County, the department will remove its recommendation
that you be required to provide a reliable water source, It is.
felt that the discussion and settlement of this issue should be
part of your settlement with our lessee.
The department will not be making any change in its recommendation
that a full reclamation plan be developed and an up-front
bond be required to insure reclamation in the event the 1ine.i~
ever abandone'd or ceases to be used. The whole reason for the
bond is to insure that funds are available to the state to do the
reclamation in the event Meridian or any other subsequent owner
of the line for some reason does not comply with the reclamation
stipulation.
We want to set a bond that is reasonable given the amount of
materials and disturbance that is anticipated. Therefore, we are
asking that you provide us with a detailed construction plan and
cost estimate for the line as proposed through the state lands.
If similar, plans and estimates which have probably already been
prepared by your company or.your contractor for the three to four
miles of line that you have indicated is ready for construction
might be used as a base.
We have set your easement requests for presentation to the Board
at their regular meeting on Monday, April 18, 1994. As previous-
EQC Eminent Domain Study -249-