Legals for October, 7 2021
Notice of Public Hearings Notice is hereby given that public hearings pursuant to Idaho Code and Boundary County code have been set for the Boundary County Planning & Zoning Commission on OCTOBER 28, 2021, at 5:30 P.M. at the Boundary County Annex (former Armory Building) at 6566 Main St., Bonners Ferry, ID (use north double-door entrance) to consider the following: FILE 21-0224, COMP PLAN MAP & ZONING MAP AMENDMENTS, BYLER BUILDING SYSTEMS, LLC is requesting approval to amend the Boundary County comprehensive plan and zoning maps from Agriculture/Forestry to Rural Residential to allow for a future land division at the Rural Residential density of 5 acres. The two parcels totaling about 40 acres are identified as Assessor's Parcels RP62N01E012400A and RP62N01E012700A, located off Smith Lake Road and Legacy Ridge Lane, in Section 1, Township 62 North, Range 1 East, B.M. FILE 21-0231, VARIANCE, MARK & LAURA BEAZER are requesting approval for a lot size minimum variance to allow a 9.74-acre parcel, where 10 acres is required for a future land division of a 19.74-acre parcel into a 10-acre parcel and a 9.74-acre parcel. The property has a comprehensive plan land use and zoning designation of Agriculture/Forestry, with a minimum density of 10 acres. The site is located at 93 Flicker Road and is identified as Assessor's Parcel RP62N03E297951A, in Section 29, Township 62 North, Range 3 East, B.M. Written comment for these files may be submitted to the Planning Office at PO Box 419, Bonners Ferry, ID 83805 no later than October 20, 2021. Anyone wishing to speak during the public portion of the hearing may do so in compliance with the public hearing procedures. The complete files are available for view on the Boundary County Planning and Zoning website at www.boundarycountyid.org or by appointment at the Planning Office by contacting the planners (208) 265-4629 and selecting the planning extension. Anyone requiring special accommodations due to disability should contact the Commissioners' office at least two days prior to the meeting at (208) 267-7723. BFH#10722/AD#488199 OCTOBER 7, 2021
NOTICE OF SALE OF REAL PROPERTY IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY BNB ENTERPRISES, a General Partnership, Plaintiff, v. GRAY HOLDINGS, LLC, an Idaho limited liability company, Defendant. Case No. CV11-21-0253 Date:October 21, 2021 Time:11:00 a.m. Place: Boundary County Sheriff's Office 6438 Kootenai St Bonners Ferry, ID 83805 NOTICE is hereby given that the Boundary County Sheriff, pursuant to the Writ of Execution For Sale Of Real Property issued September 2, 2021, and recorded September 2, 2021, as Instrument No. 288343, records of Boundary County, Idaho, pursuant to the Judgment in favor of BNB ENTERPRISES, a General Partnership, entered August 19, 2021, and recorded August 23, 2021, as Instrument No. 288189, records of Boundary County, will sell all the right, title, and interest of the Defendant, GRAY HOLDINGS, LLC, and its successors in interest, in and to the real property legally described below, which sale shall be on the 21st day of October, 2021, at the hour of 11 a.m., at the front entrance to the Boundary County Sheriff's Office, 6438 Kootenai St, Bonners Ferry, ID 83805. The real property to be sold is legally described as: Lot 2 and the North 15 feet of Lot 3, Block 5, Bonnerport, as recorded on the Plat thereof, in Book 1 of Plats, Page 5, records of Boundary County, Idaho. The physical location of the real property from the best information available is believed to be 7202 Main Street, Bonners Ferry, Idaho. The real estate parcel is twenty (20) acres or less and the time of redemption pursuant to Idaho Code §11-402 shall be six (6) months regarding the real estate. Bids will be accepted in cash in currency of the United States of America (Idaho Code 11-102(04)). Bidders must show proof of sufficient funds prior to sale. The Sheriff will give possession, but does not guarantee clear title nor continued possessory right to the purchaser. DATED this 15th day of September, 2021. BOUNDARY COUNTY SHERIFF By: /s/ David Kramer - Sheriff BFH # 10718/AD#485175 SEPTEMBER 23, 30, OCTOBER 7, 2021
ADVERTISEMENT FOR BIDS CABINET MOUNTAINS WATER DISTRICT BONNERS FERRY, IDAHO PHASE 1-CROSSPORT WELL DRILLING Sealed Bids for the construction of the Cabinet Mountains Water District, Phase 1-Crossport Well Drilling Project will be received by the Cabinet Mountains Water District at the Office of Youngwirth and Davis Associates, 7193 Main Street, Bonners Ferry, ID, 83805 at 2:00 pm local time by October 21, 2021 at which time the Bids received will be publicly opened and read. The Project consists of drilling and developing a new public water well located at the District's existing Crossport Well Site near the intersection of Crossport Road and Fitzpatrick Road in Boundary County, Idaho. Bidding Documents may be purchased electronically from Keller's website (https://goo.gl/VWGyy7) through Quest CDN for a non-refundable fee of $15.00. Prospective bidders shall purchase digital documents from Quest CDN to receive addenda postings. Updated plan holder's list may also be obtained from Quest CDN. Questions and clarifications relative to this Work shall be directed to the Engineer (Michael Schulz, PE with Keller Associates, mschulz@kellerassociates.com). Questions received less than seven days prior to the due date for the bids may not be answered. Responses will be issued by written addendum. Verbal responses will not be binding on the Owner, Engineer, or Bidder. In determining the lowest responsive bid, the Owner will consider all acceptable bids on a basis consistent with the contract documents. The Owner will also consider whether the bidder is a responsible bidder. Each Bid must be submitted on the prescribed forms and accompanied by Bid Security in the form of cash, a cashier's check, or a bid bond executed on the prescribed form, payable to Cabinet Mountains Water District, in an amount not less than five percent (5%) of the bid amount. The successful Bidder will be required to furnish Performance and Payment Bonds, each in the amount of not less than 100% of the contract price. Each bidder must have a Public Works Contractors License in the State of Idaho prior to bid opening in accordance with Idaho law. All contractors and subcontractors performing work on the Project shall comply with Davis-Bacon wages applicable to the project and in effect at the time of bid is due. The Owner reserves the right to reject any or all Bid Proposals, to waive any formality in the Bidding Documents, and to make selection to the lowest responsive, responsible, and qualified Contractor as it may best serve the interest of the Owner. In order to be considered a responsive bid, refer to Instructions to Bidders, Bid Form and the Agreement Supplements for bid requirements including a Bid Bond, list of project references, evidence of authority to do business in the state or jurisdiction of the project, a Bidder Qualification Statement, USDA Forms 400-6 and AD-1048, RD Exhibit A-1, a bid guarantee, and Form AIS-1. BFH#10721/AD#486616 SEPTEMBER 20, OCTOBER 7, 2021
STATE TIMBER SALE CR200392, FORGOTTEN WOOD TON A public oral auction will be conducted at the Idaho Department of Lands office, 2550 Highway 2 W., Sandpoint, ID 83864, at 10:00 a.m. local time, on Tuesday, November 2, 2021 for an estimated 36,300 tons of timber, marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Treasurer, State of Idaho, or a bid bond acceptable to the State, in the amount of $74,439.60 which is 10% of the appraised net sale value of $744,396.00. The average minimum bid price is $26.05 per TON. The successful bidder's deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The sale is located within Section 18, Township 61N, Range 01W, B.M., Boundary County, State of Idaho. Sale duration is 3 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department's timber sale website at http://web.idl.idaho.gov/timbersale/Search.aspx or from the Idaho Department of Lands office, Sandpoint, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 263-5104 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. BFH#10724/488243 OCTOBER 7, 14, 21, 28, 2021
The following application(s) have been filed to appropriate the public waters of the State of Idaho: 98-8058 KARMEN L FOWLKES PO BOX 141574 SPOKANE VLY, WA 99214-1574 Point of Diversion SWSESE S23 T61N R01W BOUNDARY County Source SPRING Tributary SINKS Use: DOMESTIC 01/01 to 12/31 0.04 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.06 CFS Date Filed: 09-09-2021 Place Of Use: DOMESTIC, STOCKWATER T61N R01W S23 SESE 98-8059 PFENNING LIVING TRUST 699 TWO TAIL RD BONNERS FERRY, ID 83805-5957 Point of Diversion NWSW S36 T65N R01W BOUNDARY County Source HALL CREEK Tributary SINKS Use: IRRIGATION FROM STORAGE 04/01 to 10/31 12 AF Use: STOCKWATER FROM STORAGE 01/01 to 12/31 0.5 AF Use: STOCKWATER STORAGE 01/01 to 12/31 0.5 AF Use: DOMESTIC FROM STORAGE 01/01 to 12/31 0.6 AF Use: DOMESTIC STORAGE 01/01 to 12/31 0.6 AF Use: FIRE PROTECTION STORAGE 01/01 to 12/31 6.7 AF Use: IRRIGATION STORAGE 01/01 to 12/31 12 AF Total Diversion: 19.8 AF Date Filed: 09-15-2021 Place Of Use: DOMESTIC FROM STORAGE T65N R01W S36 NWSW,SWSW Place Of Use: DOMESTIC STORAGE,FIRE PROTECTION STORAGE, IRRIGATION FROM STORAGE,IRRIGATION STORAGE, STOCKWATER FROM STORAGE, STOCKWATER STORAGE T65N R01W S36 NWSW Place Of Use: IRRIGATION FROM STORAGE, STOCKWATER FROM STORAGE T65N R01W S36 SWSW Total Acres: 12 98-8060 BEE LINE WATER ASSN INC PO BOX 1386 BONNERS FERRY, ID 83805-1386 Point of Diversion NWNE S23 T63N R01E BOUNDARY County Source GROUND WATER Use: MUNICIPAL 01/01 to 12/31 0.2 CFS Total Diversion: 0.2 CFS Date Filed: 06-01-2021 Place Of Use: MUNICIPAL T62N R01E S1 L1(NENE),L2(NWNE),SWNE,SENE,L3(NENW),L4(NWNW),SWNW,SENW,NESW,NWSW,SWSW, SESW,NESE,NWSE,SWSE,SESE T62N R01E S10 NENE,SENE,NESE,SESE T62N R01E S11 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T62N R01E S12 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T62N R01E S2 L1(NENE),L2(NWNE),SWNE,SENE,L3(NENW),L4(NWNW),SWNW,SENW,NESW,NWSW,SWSW, SESW,NESE,NWSE,SWSE,SESE T62N R01E S3 L1(NENE),SENE,NESE,SESE T63N R01E S10 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S14 SWSW,SESW,SWSE,SESE T63N R01E S15 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S16 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S17 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S18 NENE,SENE,NESE,L10 (SESE) T63N R01E S19 L1(NENE),L6(SENE),L7 (NESE) T63N R01E S20 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S21 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S22 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S23 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S25 SWSW,SESW,SWSE,SESE T63N R01E S26 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S27 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S28 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S29 NENE,SENE,NESE,SESE T63N R01E S3 SWSW,SESW,SWSE,SESE T63N R01E S33 NENE,SENE,NESE,SESE T63N R01E S34 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S35 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S36 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S4 SWSW,SESW,SWSE,SESE T63N R01E S5 SWSW,SESW,SWSE,SESE T63N R01E S7 L1(NENE),L7(SENE),NESE, SESE T63N R01E S8 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R01E S9 NENE,NWNE,SWNE,SENE,NENW,NWNW,SWNW,SENW,NESW,NWSW,SWSW,SESW,NESE,NWSE,SWSE,SESE T63N R02E S31 L1(NWNW) 98-8061 STRUGGLE BEAR LLC PO BOX 490 SANDPOINT, ID 83864-0490 Point of Diversion SWNW S14 T64N R02E BOUNDARY County Source MOYIE RIVER Tributary KOOTENAI RIVER Use: DOMESTIC 01/01 to 12/31 0.12 CFS Use: FIRE PROTECTION 01/01 to 12/31 0.27 CFS Use: IRRIGATION 04/15 to 10/31 0.15 CFS Total Diversion: 0.27 CFS Date Filed: 09-17-2021 Place Of Use: FIRE PROTECTION, IRRIGATION T64N R02E S14 SWNW Place Of Use: DOMESTIC,FIRE PROTECTION,IRRIGATION T64N R02E S15 SENE Total Acres: 5 Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 10/25/2021. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director BFH#10723/AD#488211 OCTOBER 7, 14, 2021
LEGAL NOTICE Weis Towers LLC is proposing to construct a self-support lattice tower up to 199 feet tall for wireless telecommunication antenna arrays on its privately owned fee land. The site is located at a general address of 496003 Highway 95, Naples, Idaho in Section 13, Township 60 North, Range 01 West, B.M. Boundary County, ID. In accordance with the National Preservation Act of 1966, as amended and the 2005 Nationwide Programmatic Agreement for Review under the National Preservation Act; Final Rule, Weis Towers LLC is hereby notifying the public of the proposed undertaking and soliciting comments on any Historic Properties within a 0.5-mile radius of the undertaking which are listed or eligible for listing in the National Register of Historic Places. Comments may be submitted within 30-days of the date of this notice to: John F. Wark, 835 W. Cliff Dr., Spokane, WA 99204, Ph: (509) 999-4755. BFH#10726/AD#488864 OCTOBER 7, 2021
PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies of the state of Idaho have published the complete text and all related, pertinent information concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin. The proposed rule public hearing request deadline is October 20, 2021, unless otherwise posted. The proposed rule written comment submission deadline is October 27, 2021, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled. IDAPA 08 - STATE BOARD OF EDUCATION PO Box 83720, Boise, Idaho 83720-0037 08-0102-2101, Rules Governing the Postsecondary Credit Scholarship Program. New Zero Based Regulation (ZBR) Chapter constitutes the requirements for the Postsecondary Credit Scholarship Program. 08-0110-2101, Idaho College Work Study Program. New ZBR Chapter provides framework for Idaho Work Study Program to include allocation of funds, carryover funds, and audit requirements. IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION PO Box 83720, Boise, ID 83720-0041 *31-0101-2101, Rules of Procedure of the Idaho Public Utilities Commission. (*PH) New ZBR Chapter governs all procedure before the Idaho Public Utilities Commission, to include contested cases. IDAPA 35 - IDAHO STATE TAX COMMISSION PO Box 36. Boise ID 83722-0036 *35-0107-2101 Kilowatt Hour Tax Administrative Rules. (*PH) New ZBR Chapter furthers the state's authority through rule to impose a tax on producers of hydroelectric generated electricity. *35-0201-2101 Tax Commission Administration and Enforcement Rules. (*PH) New ZBR Chapter implements provisions of the Idaho Income Tax Act through enforcement rules and administrative procedures relating to taxes collected by the Commission. IDAPA 37 - IDAHO DEPARTMENT OF WATER RESOURCES / IDAHO WATER RESOURCE BOARD PO Box 83720, Boise, ID 83720-0098 37-0101-2101, Rules of Procedure of the Idaho Department of Water Resources and the Water Resource Board. New ZBR Chapter contains procedure rules that govern contested case proceedings before the Department and Water Resource Board. NOTICES OF AMENDMENT TO TEMPORARY RULE ONLY IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE 16-0000-2100, affecting IDAPA 16.01.03 - Emergency Medical Services (EMS) - Agency Licensing Requirements. (eff. 8-19-21)T IDAPA 38 - IDAHO DEPARTMENT OF ADMINISTRATION 38-0000-2100, affecting IDAPA 38.04.08 - Rules Governing Use of Idaho State Capitol. (eff. 9-3-21)T NOTICE OF INTENT TO PROMULGATE RULES - NEGOTIATED RULEMAKING (Please see the Administrative Bulletin for dates and times of meetings and other participant information) IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 58-0101-2101, Rules for the Control of Air Pollution in Idaho Please refer to the Idaho Administrative Bulletin October 6, 2021, Volume 21-10, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information. Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/ Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032 Phone: 208-334-3900; Email: adminrules@dfm.idaho.gov BFH#10725/AD#488791 OCTOBER 7, 2021
NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY MAGISTRATE DIVISION In the Matter of the Estate of CONNIE DARLENE BEST, Deceased. CASE NO. CV11-21-0404 NOTICE IS HEREBY GIVEN that CHRISTINA M. THIBAULT has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four (4) months after the date of the first publication of the Notice to Creditors, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Thomas A. Bushnell, Attorney at Law, PO Box 1833, Bonners Ferry, Idaho 83805, and filed with the Clerk of Court. DATED this 1st day of October, 2021. /s/ THOMAS A. BUSHNELL Attorney for the Estate BFH#10727/AD#489089 OCTOBER 7, 14, 21, 2021