Archaeological Disturbances in Western North Dakota

10/31/2012

By Aaron Barth

I came across this October 29, 2012 article, “Land eyed for oil well may be on burial site,” through a colleague and friend, Richard Rothaus.  With the Bakken oil boom going full tilt, this article concerns oil drilling development near and around the Killdeer Mountains in Dunn County, western North Dakota. The part within the article that is incredible is from Lynn Helms, the director of the North Dakota Oil and Gas Division. Mr. Helms said, as paraphrased by theForum, that “he had no doubts the proposed drilling area has no artifacts.” Once again, this was a paraphrase, but it caused in me the following thoughts: I don’t know whether Mr. Helms physically visited the lithic scatter and possible burial, nor do I know if an archaeologist explained it to him. In the event that he did not physically visit the site, there are quite a few of us that would be happy to explain to him the processes, and why they are necessary. But his lack of doubt is  disturbing. This is why.

The very nature of science and our legal system necessitates constructive and deconstructive doubt. Without this doubt, a case cannot be made one way or another. And without this kind of doubt, and without verifying one’s assertions, a statement is simply a statement sans substance (this is often captured in the saying, “You have no case here.”) Further inquiry into Killdeer is indeed necessary. Numerous archaeologists are concerned with these high profile sites, as they should be, and we are quite interested in showing Mr. Helms why and how. Education is powerful that way. That’s all. Back to it on this end.
http://theedgeofthevillage.com/2012/10/31/archaeological-disturbances-in-western-north-dakota/

Stone fragments and a possible burial site eyed for oil development.

Posted 2012-10-29 09:53:00

KILLDEER, N.D. (AP) - A North Dakota historic preservation coordinator says stone fragments and a possible burial site have been identified on land near the Killdeer Mountains that is being eyed for oil development. Susan Quinnell says that the areas were identified in 1999 and 2007 and have not been excavated. Hess Corp. wants to drill in the area. A father and son who own land in the area and a member of the Three Affiliated Tribes have objected to the plan. Hess says it will concentrate in areas away from the two identified archaeological sites. State Mineral Resources Director Lynn Helms is likely to make a recommendation on Hess's plans to state regulators next month. Historic preservation officials have recommended that the two archaeological sites be avoided.
http://keyzradio.com/north-dakota-news-blog/42053
http://www.crookstontimes.com/article/20121029/NEWS/121029601/1001/NEWS

Published October 29, 2012, 09:01 AM

North Dakota land eyed for oil well might be on burial site

KILLDEER, N.D. (AP) — Stone fragments and a possible burial site have been identified on land near the Killdeer Mountains that is being eyed for oil development, but that discovery won't necessarily stop the project.

KILLDEER, N.D. (AP) — Stone fragments and a possible burial site have been identified on land near the Killdeer Mountains that is being eyed for oil development, but that discovery won't necessarily stop the project.

The areas on state land in Dunn County were identified in 1999 and 2007 and have not been excavated, state historic preservation coordinator Susan Quinnell told The Forum newspaper. State officials can only recommend the sites not be disturbed.

"Our concern is that when we can't ask for surveys, that archaeological resources may be lost," Quinnell said. "And once they're lost, they're gone forever."

Hess Corp. is seeking permission to drill up to eight wells in the area. A father and son who own land in the area and a member of the Three Affiliated Tribes have objected to the plan. Hess says it will concentrate in areas away from the two identified archaeological sites.

State Mineral Resources Director Lynn Helms is likely to make a recommendation on Hess's plans to state regulators next month. Historic preservation officials have recommended that the two archaeological sites be avoided.

State law gives preference to maximizing financial returns on state lands — such as through mineral rights — over protecting artifacts. Lance Gaebe, North Dakota's commissioner of public lands, said his department works with mineral developers to avoid areas where there are concerns about artifacts or wildlife habitat.

The Killdeer Mountain Battlefield, a state historic site, is 2½ miles east of the proposed drilling site and is not threatened by the project, Quinnell said. Dakota, Nakota and Lakota Sioux fought the U.S. Army at the historic site in 1864.

http://www.wday.com/event/article/id/70649/publisher_ID/29/

http://www.devilslakejournal.com/article/20121029/NEWS/121028867/196/features
http://www.minotdailynews.com/page/content.detail/id/570339/ND-land-eyed-for-oil-well-might-be-on-burial-site.html?nav=5583

Hess to work with Jepson

KHRT ND NEWS - 10/25/12 - NOON EDITION

     BISMARCK, N.D. (AP) - North Dakota's Mineral Resources director says he likely will make a recommendation to state regulators next month on whether to allow oil drilling near the Killdeer Mountains Wildlife Management Area.  Hess Corp. wants to drill up to eight wells. Local rancher Loren Jepson and his son, Ross, have hired an attorney to fight the proposal they say will lead to a dangerous increase in traffic.

     The Mineral Resources Department's Oil and Gas Division on Wednesday held a hearing. Hess officials said they plan to work to reduce safety issues and also questioned Loren Jepson's assertion that there are historical artifacts on the land.  Mineral Resources Director Lynn Helms says a decision on the sites will be "a very difficult balancing act" but he thinks a solution can be found.

http://www.khrt.com/apps/articles/default.asp?articleid=82277&columnid=6928

Published October 25, 2012, 12:07 PM

Killdeer residents warn ND Industrial Commission that 'somebody will die' if Hess Corp. advances with plans to drill near school bus route

BISMARCK, N.D. — Ross Jepson didn’t say much during his testimony Wednesday morning at a North Dakota Industrial Commission Oil and Gas Division hearing on proposed drilling wells near his home north of Killdeer. To get his point across, he didn’t have to.

By: Bryan Horwath, The Dickinson (N.D.) Press

BISMARCK, N.D. — Ross Jepson didn’t say much during his testimony Wednesday morning at a North Dakota Industrial Commission Oil and Gas Division hearing on proposed drilling wells near his home north of Killdeer.
To get his point across, he didn’t have to.
“If they put these wells in, somebody will die,” Ross Jepson said. “With a blind intersection and all the truck traffic already, it’s a dangerous area. The big thing is the (school) bus. Somebody is going to die if these go in — I’d be willing to bet a large amount of money on it.”

Loren Jepson — Ross’ father and a rancher who, along with his son, lives near one of the proposed wells — also testified before the commission in an attempt, they said, to persuade Hess Corp., owners of the Little Knife leasing units in question, to drill instead on sites in an area to the north, away from a Killdeer Public School bus route and the Jepsons’ homes.
Flanked by legal counsel John Morrison of Crowley Fleck, Hess land negotiator Tambra Sullivan told the commission that moving the drilling sites — which Hess has requested up to eight wells for — is not a feasible option for her employer.

“We walked the site with our surveyors and a civil engineer and they located sites that they thought were feasible and that they prefer we use,” Sullivan said. “We also have the same concerns about truck traffic and safety as the Jepsons. Ultimately, our goal is to reduce truck traffic and collect both gas and oil by pipelines.”

Sullivan also argued that Hess has been in contact with at least one Grassy Butte landowner, who owns parcels to the north of the outlined Little Knife sites, and that the landowner has so far refused to allow for drilling. Sullivan said that, as of now, Hess is planning to budget monies for the construction of a new pipeline for 2013, although nothing is final.
Traffic isn’t the only issue.

Conservationists and Native American groups have expressed concerns in the past about oil activity near the Killdeer Mountains, which begin about eight miles northwest of Killdeer and include sites such as Medicine Hole, a sacred native location, and the Killdeer Mountain Battlefield State Historic Site.

Sullivan, however, testified that Hess has been given no indication from any state officials that there are native artifacts remaining in the Killdeer Mountains, an opinion Loren Jepson did not agree with.
“This section does have Indian artifacts,” Loren Jepson said. “I can find arrowheads out there.”
Morrison raised an objection to Jepson’s statement because he isn’t an “archeologist” or “paleontologist.”

Oil and Gas Division Director Lynn Helms said after the hearing that he has no doubts the sites in question are clear of such artifacts.

“We should be looking at an area that doesn’t have artifacts issues,” Helms said. “But we have all the other issues. We’re in a position of balancing the wildlife management areas, school bus routes, traffic and a set of land owners who don’t want this interference in their lives. We also have a willing land owner — the state — that is right between these two sites and already has one well under production. We have a lot of factors we have to balance.”

Conservationist and Jamestown College assistant biology professor Anne Marguerite Coyle attended the hearing in support of the Jepsons and said afterward that it is important to keep areas like the Killdeer Mountains and the wildlife management areas as free as possible from oil drilling activity.

“A lot of landowners don’t want development in this region because it is a cultural treasure,” Coyle said. “They’ve done a wonderful job of maintaining the wildlife in the area while also making a living on their land.

“Our state is favoring one industry — the oil industry — with many of these public lands its offering up and that’s concerning. There are areas where they could drill outside of this state school (trust) land that would minimize the impacts on wildlife and on local residents. They may have to take a little hit, but, with the profit margins right now for the oil companies, I don’t think that’s too much to ask.”
Hess’ representatives at the hearing argued that — having already come to an agreement with the state over the land the proposed well pads would sit — the company is free to exercise its right to drill.

Helms said he expected to have a recommendation ready for the Nov. 19 IC meeting, adding that a solution where each party is happy is “probably not possible.”



Dunn County landowner Loren Jepson, right, consults with his attorney, Tom Gehrz, during an Industrial Commission hearing Wednesday in Bismarck. http://www.bakkentoday.com/event/image/id/474/headline/Loren%20Jepson%20consults%20with%20his%20attorney/publisher_ID/82/

http://www.bakkentoday.com/event/article/id/34361/publisher_ID/82/

http://www.thedickinsonpress.com/event/article/id/62412/

ND's Killdeer Mountains drilling dispute undecided

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 Published: Thursday, 25 Oct 2012 | 12:54 AM ET

BISMARCK, N.D. -- North Dakota's Mineral Resources director says he likely will make a recommendation to state regulators next month on whether to allow oil drilling near the Killdeer Mountains Wildlife Management Area.

Hess Corp. wants to drill up to eight wells. Local rancher Loren Jepson and his son, Ross, have hired an attorney to fight the proposal they say will lead to a dangerous increase in traffic.

The Mineral Resources Department's Oil and Gas Division on Wednesday held a hearing. Hess officials said they plan to work to reduce safety issues. They also questioned Loren Jepson's assertion that there are historical artifacts on the land.

Mineral Resources Director Lynn Helms says a decision on the sites will be "a very difficult balancing act" but he thinks a solution can be found.

http://www.cnbc.com/id/100047496/ND039s_Killdeer_Mountains_drilling_dispute_undecided
http://finance.yahoo.com/news/nds-killdeer-mountains-drilling-dispute-165409454.html
http://www.businessweek.com/ap/2012-10-25/nds-killdeer-mountains-drilling-dispute-undecided

Landowners protest plan to drill near Killdeer Mountains

October 24, 2012 4:35 pm  •  By NICK SMITH | Bismarck Tribune

Killdeer Mountains area landowner Loren Jepson, right, listens to a question posed by Lynn Helms, far left, director of North Dakota’s Department of Mineral Resources, during an Oil and Gas Division hearing held Wednesday in Bismarck. In the middle is Jepson’s lawyer, Tom Gehrz.

Enlarge Photo

A drilling company outlined a proposal for drilling near the Killdeer Mountains while two neighboring landowners voiced their opposition at a Wednesday hearing in Bismarck.

The state Department of Mineral Resources Oil and Gas Division spent just more than an hour of its scheduled hearing Wednesday on both sides of the proposed drilling by Hess Corp.

Hess is seeking permission to drill up to eight wells on four 1,280-acre spacing units in Dunn County near the Killdeer Mountains, northwest of Killdeer. The section of land Hess is looking to drill on is public school land owned by the state. The land is near the boundary of the Killdeer Mountains Wildlife Management Area.

The Hess proposal was one of several drilling sites reviewed by the Oil and Gas Division in the Killdeer Mountains area Wednesday. Some other sites reviewed Wednesday are near the Killdeer Mountain Battlefield State Historic Site as well as Medicine Hole, a site that is considered sacred to Native Americans.

Rancher Loren Jepson, who owns land near the proposed Hess drilling site, was on hand to voice opposition. His son, Ross Jepson, also is an adjacent landowner and was at the hearing.

Loren Jepson said the drilling of several new wells in the area would create a tremendous amount of traffic. Jepson said there is a bus stop for school children near his home on a stretch of road. He said the stretch of road is already a safety risk for school children and has poor visibility due to curves in the road. He said increased traffic from oil activity could increase those risks.

“It makes so much traffic ... it’s just a dangerous spot,” Loren Jepson said.

Ross Jepson expressed similar concerns with the school crossing and the potential traffic increase.

“It’ll be phenomenal when they frack,” Ross Jepson said. “It’s a very dangerous corner.”

Ross Jepson said he’d “be willing to bet a large amount of money” on the odds of seeing a fatal accident in the area if drilling is permitted at the proposed site.

Attorney Tom Gehrz, with Mackoff Kellogg law firm of Dickinson, was representing Loren Jepson at Wednesday’s hearing. He handed out photos of the roadway to oil and gas division officials, seeking to use them to highlight the concerns of both of the Jepsons.

“The truck traffic would increase dramatically. This presents a significant danger to these school children trying to cross,” Gehrz said.

John Morrison with the Crowley Fleck law firm in Bismarck was on hand representing Hess. He took issue with an objection filed by Loren Jepson on Friday through the Mackoff Kellogg law firm.

Loren Jepson’s objection states that there are “substantial historical artifacts” on the land where the drilling by Hess is being proposed. Morrison said the state made no reference to Native American artifacts on the state-owned section of land during the application process. He questioned Loren Jepson’s statements.

“Are you an archaeologist?” Morrison asked.

Jepson replied that he wasn’t.

“Are you a paleontologist?” Morrison asked.

Jepson again replied that he wasn’t.

Morrison said he objected to Loren Jepson’s statements filed in his objection, adding that “there’s no basis for that assertion.”

Tambra Sullivan, a landman for Hess, said the company was proposing the wells to be placed on the southern portion of the state-owned section of land. Sullivan said Hess considered it more feasible because the company is planning to build a pipeline gathering system for oil and natural gas to the area eventually. When asked when this might take place, Sullivan said she didn’t know.

Mineral Resources Director Lynn Helms said after the hearing that the proposal has a number of variables to weigh. He said he expects a recommendation on the Hess proposal to be brought before the state Industrial Commission at its next meeting, tentatively scheduled for Nov. 19.

“This is going to be a very difficult balancing act for the commission,” Helms said.

Helms said the safety issues and the location of the proposed drilling on state land would have to be weighed. He added that the state has been trying to keep drilling from being permitted too close to the Killdeer Mountains Wildlife Management Area. He said if drilling is permitted, its proximity to the wildlife area will be a factor.

“I think we’re going to be able to fashion a solution out of this ... that addresses the major concerns,” Helms said.

Killdeer Mountains area landowner Loren Jepson, right, listens to a question posed by Lynn Helms, far left, director of North Dakota’s Department of Mineral Resources, during an Oil and Gas Division hearing held Wednesday in Bismarck. In the middle is Jepson’s lawyer, Tom Gehrz.http://bismarcktribune.com/gallery/landowner-and-lawyer-discuss-drilling-at-oil-and-gas-division/image_3c3ac1de-1e23-11e2-b894-001a4bcf887a.html

http://bismarcktribune.com/news/local/govt-and-politics/b2e150c4-1e22-11e2-a3a0-001a4bcf887a.html

http://content.yudu.com/Library/A1zkzq/BakkenWeekly110112/resources/index.htm?referrerUrl=https%3A%2F%2Fwww.google.com%2F

Published October 23, 2012, 08:48 AM

Killdeer Mountains drilling upsetting to some

KILLDEER, N.D. (AP) — Plans for more oil drilling near the Killdeer Mountains in western North Dakota are upsetting at least one area rancher and an American Indian tribe member.

KILLDEER, N.D. (AP) — Plans for more oil drilling near the Killdeer Mountains in western North Dakota are upsetting at least one area rancher and an American Indian tribe member.

The state Department of Mineral Resources Oil and Gas Division is holding a hearing Wednesday in Bismarck on new drilling sites in the state, including some that are in the vicinity of the Killdeer Mountain Battlefield State Historic Site and also Medicine Hole, a cave-like site in the mountains that has been part of Indian lore for decades.

Rancher Loren Jepson tells The Dickinson Press that he's hired an attorney to fight new drilling.

Fort Berthold Community College instructor Delvin Driver Sr. says land in the Killdeer Mountains area is sacred to native people, and more oil drilling could interfere with religious experiences.

http://www.wday.com/event/article/id/70436/

http://keyzradio.com/north-dakota-news-blog/41505
http://www.khrt.com/apps/articles/default.asp?articleid=82247&columnid=

Published October 23, 2012, 12:00 AM

Proposed wells draw controversy: Rancher, tribal member oppose drilling in Killdeer Mountains

Home to one historic battlefield site already, the Killdeer Mountains are the subject of a new North Dakota fight. This time, however, the battle is not between the U.S. Army and tribes of Native Americans, but rather between the oil industry and the people who live near and use the mountains, which begin about eight miles northwest of Killdeer.

By: Bryan Horwath, The Dickinson Press

Home to one historic battlefield site already, the Killdeer Mountains are the subject of a new North Dakota fight.

This time, however, the battle is not between the U.S. Army and tribes of Native Americans, but rather between the oil industry and the people who live near and use the mountains, which begin about eight miles northwest of Killdeer.

Much to the chagrin of some Dunn County residents and native tribes that use the land for ceremonial purposes, the North Dakota Department of Mineral Resources Oil and Gas Division, an arm of the Industrial Commission, will host a hearing Wednesday in Bismarck regarding the addition of a number of new oil drilling sites in the county and around the state, several of which would be in the immediate area of the mountains.

“It’s a travesty,” said Loren Jepson, a rancher who lives about 15 miles northwest of Killdeer. “People should be concerned about this. If you care about hunting, searching for native artifacts or birdwatching in the Killdeer Mountains, that’s all in jeopardy.”

Though drilling is not allowed in certain areas in and around the mountains, Jepson said the addition of four — and possibly more — hydraulic fracturing sites in the area could exacerbate issues residents are already facing because of drilling north of Killdeer along ND Highway 22, such as heavy truck traffic, dust and noise.

“It’s a quality of life issue,” Jepson said. “We know that there has been and will continue to be drilling here, I just wish the oil companies would have more respect for the people who have lived here their whole lives. I wish the oil companies would just work with people.”

The proposed new wells — which are just a few of dozens that will come before ND Oil and Gas this week — would be in close proximity to the Killdeer Mountain Battlefield State Historic Site and certain areas that some Native American tribes consider to be sacred, such as Medicine Hole, a cave-like site in the mountains that has been part of Native American lore for decades.

A member of the Three Affiliated Tribes and an instructor of Native American studies at Fort Berthold Community College in New Town, Delvin Driver Sr., said the Killdeer Mountains — especially Medicine Hole — have a lot of spiritual significance for his people.

“This is an area where people from different tribes, from all over, come to fast and make contact with different spirits,” Driver said. “This is sacred land. The native people are spiritual people and the land is who we are. If there is a lot of interference for the people who go in those mountains, it’s not going to be a good spiritual experience for them.”

Driver added he understands that drilling is a fact of life in North Dakota.
“The oil industry is here and it will continue to be here,” Driver said. “But they don’t really see our views — they see money. They’ll step on anybody’s foot to get more.”

The historic battlefield site in the Killdeer Mountains commemorates an 1864 skirmish between the Army and a gathering of Yanktonai, Dakota and Teton Indians. As legend has it, Medicine Hole is a narrow passageway leading off the mountaintop through its base used by natives to escape U.S. soldiers during the conflict more than a century ago.

Jepson said he has retained the Dickinson law firm Mackoff Kellogg to fight the location of the proposed wells and will be in attendance at the hearing on Wednesday.
“I don’t know what to expect,” Jepson said. “I know a lot of others in the community feel the same way I do, but it seems that nobody will do anything about it. I’m trying to do something about it.”
Hess Corp. is listed as the proprietor of the wells on ND Oil and Gas documents. Representatives from Hess could not be reached for comment Monday.