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Public Comment. Volume III - Montana Legislature

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.<br />

Robert Ochsner<br />

April 5, 1994<br />

Page 9<br />

local governing County ASCS committee prior to any entry or<br />

activity for as long as the lands are enrolled in the Federal<br />

Conservation Reserve or similar program.<br />

Meridian be required to comply with (need MCA & ARM<br />

citations from legal staff regarding fire prevention and<br />

control responsibilities).<br />

Meridian be required to construct and maintain a four-strand<br />

barbed wire fence along the easement boundary with gates at<br />

locations designated by the Department. Construction is to<br />

be in conformance with pre-approved specifications.<br />

Meridian be required to install a water culvert and a livestock<br />

underpass culvert across the drainage in the SW+ of<br />

S+ Section 16, T5N-R25E, Musselshell County (Tract #2) to<br />

protect the spring and to facilitate and promote the free<br />

movement of livestock. In the event installation of either<br />

of the culverts results in an obvious disturbance to the<br />

water flow, Meridian must provide a water well to the satisfaction<br />

of the Department.<br />

Tract 83 - N3 Section 16, T5N-R25E, Musselshell County<br />

Meridian be required to construct a livestock underpass<br />

culvert in the drainage in the SE%NW% to accommodate livestock<br />

movement. Further, to accommodate vehicle and machinery<br />

access, it be stipulated that Meridian provide twenty<br />

foot wide gates and a crossing on the North section line. .<br />

Tract #4 - W% Section 32, T6N-R26E, Musselshell County<br />

To accommodate vehicle and machinery access, Meridian be<br />

required to provide a crossing with twelve foot wide gates<br />

at a point near the center of the tract.<br />

Meridian be required to develop a pre-approved reclamation<br />

plan and file a full reclamation bond in an amount to be set<br />

by the Department for post construction reclamation and full<br />

complete reclamation/restoration upon expiration or termination<br />

of the easement or in the event the rail.corridor is<br />

ever abandoned. Included in this plan must be a preapproved<br />

weed control plan.<br />

No construction be allowed to begin until all necessary<br />

easements are secured for the apparent county and/or private<br />

roads that will have to be re-located and/or reconstructed<br />

across state lands because of the construction of the rail<br />

spur.<br />

Before any easement is issued to Meridian on Tract #4,<br />

tural resource jurisdiction be resolved.<br />

cul-<br />

-256- <strong>Volume</strong> Ill: <strong>Public</strong> <strong>Comment</strong>

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