Public Comment. Volume III - Montana Legislature

Robert Ochsner
April 5, 1994
Page 8
begin until all necessary easements are secured for the apparent
county and/or private roads that will have to be re-located
and/or reconstructed on the staters lands because of the construction
of the rail spur.
Last, an archaeological site was identified on Tract f4. Meridian
has completed further testing which was required to determine
the sitets eligibility for listing on the National Register.
Based on information submitted as a result of testing, it is the
opinion of the DSL staff archaeologist that the site is not significant.
Currently the department is awaiting resolution of
state/federal jurisdiction regarding cultural resources. Before
any easement is finalized, the matter of jurisdiction must be
resolved.
FINAL RECOMMENDATION SUMMARY
If the Board decides to approve the easement requests, the Department
recommends that in addition to the normal provisions of
a non-exclusive easement, documents be issued containing special
conditions including, but not limited to, the following:
Instead of issuing permanent easements, "Limited Term Easements"
be issued for a specific amount of time, the duration
of which should be made to coincide with life of mine
as indicated in the EIS.
Issuance of said easements be contingent upon Meridian first
successfully acquiring all of the other lands involved in
the rail corridor. Proof of said acquisitions must be provided
to the Department prior to issuance of any easement or
other authorization of entry to begin any construction.
The amount of compensation to the State be based on the
$400/acre value Meridian is paying to other owners for the
rail corridor, plus any damages to remaining lands due to
the severance of small tracts resulting from the configuration
of the corridor.
Meridian be required to pay all refunds, penalties, interest
or damages levied by the U.S. Government as a result of the
cancellation or modification of the CRP contracts. In addition
Meridian should be required to pay, in advance, in one
lump sum all future revenues lost as a result of any CRP
contract cancellation or modification.
Entry or any other activity conducted under authority of the
easement also be subject to all rules and regulations imposed
by the United States Department of Agriculture, Agricultural
Stabilization and Conservation Service (ASCS).
This means Meridian must secure the written approval of the
EQC Eminent Domain Study -255-