Public Comment. Volume III - Montana Legislature

Robert Ochsner
April 5, 1994
Page 7
verts impact the flow, Meridian has said it will agree to
provide a replacement water supply such as a well.
Tract #3 - N% Section 16, T5N-R25E, Musselshell County
Meridian should construct a livestock underpass culvert in
the drainage in the SE~NW~
to accommodate livestock movement.
Further, to accommodate vehicle and machinery access,
Meridian should provide twenty foot wide gates and a crossing
on the North section line.
Tract #4 - W* section 32, T6N-R26E, Musselshell County
To accommodate vehicle and machinery access, Meridian should
provide a crossing with twelve foot wide gates at a point
near the center of the tract.
We believe that Meridian has no problem generall~~with any of the
above fencing or crossing provisions.
Throughout the state, the past practice of abandoning and not
reclaiming rail corridors is evidenced through eroding, barren,
weed infested, non-productive strips of lands. The Department
believes that the only way to eliminate the potential of significant
degradation of the land is to require Meridian to develop an
approved reclamation plan and post a bond to insure compliance
with the plan. The plan should include both immediate post construction
and full complete reclamation/restoration upon expiration
or termination of the easement or in the event the rail
corridor is ever abandoned. Also, the plan should also include
an approved weed control plan that would be in effect throughout
the life of the easement and through post reclamation until the
area has been satisfactorily revegetated. he amount of bond
should then be set based on 100% of the approved plan.
During the Department's preliminary review of the construction
design plans it was noted that several existing "roadwaysw (both
public and private) may have to be relocated. However, there was
no specific discussion in the EIS regarding the proposed relocation
of these roads or their cumulative effectston the state
lands. Meridian was asked to provide the Department with more
information regarding these roads so that it could ascertain and
evaluate potential impacts.
Meridian responded that the relocation of these roads is not its
responsibility. Rather it feels securing easements or licenses .
to relocate these roads is the responsibility of the respective
owner/user of the road (i.e.. the county, the state, the state's
surface lessee, or other persons presently unknown). The Department
therefore recommends that no construction be allowed to
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