Published January 29, 2013, 12:00 AM

Killdeer Mountain group unhappy with decision: IC to allow Hess to drill on disputed lands

It appears a disputed area of land in the Killdeer Mountains will be developed mostly as planned, but members of a group opposing oil drilling on the site said Monday they’re not done fighting.

By: Bryan Horwath, The Dickinson Press

It appears a disputed area of land in the Killdeer Mountains will be developed mostly as planned, but members of a group opposing oil drilling on the site said Monday they’re not done fighting.
The North Dakota Industrial Commission last week unanimously approved a request from Hess Corp. to drill up to eight wells in a part of the Killdeer Mountains area in Dunn County. Plans to allow Hess to drill in the area have been under attack by American Indians, area landowners and archaeologists since October when the first public hearing about the matter occurred.

Landowner Loren Jepson — who, along with wife Lori Jepson, helped create the Killdeer Mountain Alliance — said Monday that those interested in preserving the area are not giving up hope.
“I know a letter was sent out to (Hess CEO) John Hess requesting that they consider some different options,” Loren Jepson said. “I think we have some different avenues to take, but, before anything, we need to hear from Hess (Corp.).”

Opponents of drilling in the area have argued that the proposed wells would cause safety concerns with increased truck traffic, encroach on native habitat for wildlife and disturb an area called Medicine Hole, a well-known prayer retreat location for members of the Fort Berthold Indian Reservation and other Native Americans.

Biological consultant and researcher Anne Marguerite Coyle — known by many across the state as “The Eagle Lady” — believes that because the Industrial Commission previously had approved the first four wells near the sites in question put the IC in a difficult position.

“Approving those other wells was a big mistake and I think they now realize that,” Coyle said. “The system is flawed. There are no state regulations. There’s nothing in place to force the Oil and Gas Division to really do what they need to do before they permit these things.”

At the hearing last Thursday, North Dakota Department of Mineral Resources — which oversees the Oil and Gas Division — Director Lynn Helms stated that changing Hess’ course and leaving the area free from drilling would keep 3.5 million barrels of oil beneath the surface and squander $250 million. Before becoming employed by the state body responsible for regulating the drilling of oil and gas in North Dakota, Helms was employed for more than a decade by what is now Hess Corp.
“What’s happening is there is no communication between oil and gas and other agencies like the State Historical Society,” Coyle said. “Lynn Helms is both in charge of promoting and regulating oil, he worked for the Hess Corp. (Helms) should be in charge of promotion, but he’s not going to be suitable for regulatory issues — we need someone else in there.”

IC members argued that because the land in question is North Dakota Department of Trust Lands, they have an obligation to develop minerals in the area for the benefit of K-12 education in the state, which would receive money from the production of oil.

A number of stipulations were included with the IC’s approval, including instructions for Hess to limit natural gas flaring and a request for Hess to work with the Jepsons in an effort to limit impacts on area residents. The Jepsons’ attorney, Tom Gehrz of Mackoff Kellogg, said it could be known by the end of the week what steps could be taken by his clients to continue their resistance.

Coyle said the KMA will continue to work toward a “better solution.” The IC is comprised of Gov. Jack Dalrymple, Agriculture Commissioner Doug Goehring and Attorney General Wayne Stenehjem.
http://www.thedickinsonpress.com/event/article/id/65192/

The Killdeer Mountains: Living History and Sacredness

01/25/2013

The Killdeer Mountains: Living History and Sacredness

By Aaron Barth

Individuals concerned about what happens to the Killdeer Mountains chat before the public hearing at the Bismarck capitol on January 24, 2013.

The Killdeer Mountains in Dunn County, western North Dakota have been getting a lot of attention lately, especially after theNorth Dakota Industrial Commission decided to, well, industrialize the area, and allow the Hess Corporation to follow through with signed leases and drill and frack for oil there. The Grand Forks Herald reported on it here, and The Bismarck Tribune here. The Industrial Commission is composed of three individuals, including Jack Dalrymple, Wayne Stenehjem, and Doug Goehring. They have scheduled meetings with the Department of Mineral Resources and Lynn Helms, the sitting Director. It is important to remember that this was a public hearing, and at public hearings the public ought not to be shy about attending. This experiment America has going, our Democratic-Republic, necessitates these local meetings that have global implications.

On January 24, 2013, at 1:00pm (CST) the public hearing for the Killdeer Mountains was held in the capitol of Bismarck, North Dakota. It was Industrial Commission Case Number 18618 concerning sections 25 & 36, T. 146 N., R. 97 W, this about 30-35 miles north of Dickinson, North Dakota. Originally the hearing was scheduled in the Governor’s meeting room, a rather closed-off and secluded place. Because of the public turn-out, though, the hearing was relocated to the larger Brynhild Haugland room in the western wing of the capitol. I drove over from Fargo to Bismarck to attend the meeting, and while there scribbled down some notes and took some audio-video as well. The high-points, I thought, were in capturing two Native voices from two disparate cultures.

The first is a video from Theodora Birdbear of Mandaree, North Dakota (Mandaree is Mandan, Hidatsa and Arikara territory). The microphone on my Canon PowerShot SX260 HS captured the audio a bit, and just in case there are those of us hard-of-hearing, I provided transcript of Theodora’s testimony below.


Transcript:

…and he expressed the impact of oil and gas development, the industrialization of an area, which impacts the quality of that spiritual experience. I guess it’s kind of equivalent to having an oil well right beside your Catholic church or something. It’s parallel to that. So I wanted the commission to know that Fort Berthold does have a living connection to that area, and to consider that in your decision making. As people have said prior to this, technology is evolving, and to keep it [oil] in the ground is not wasting it. They are going to be after it in the future. What’s the rush? The rush is quick decisions, unplanned decisions, and unplanned impacts. So I just wanted to make a comment about our relationship with that area. It is still living today.

North Dakota Industrial Commissioners listen to Natives speak about the sacredness and history of the Killdeer Mountains.

Theodora remarks on how the Killdeer Mountains are a sanctuary, as sacred and sacrosanct as a Catholic Church, and to carry the analogy further, as a Lutheran or protestant church, a Synagogue, a Mosque, a Buddhist monastery, a Hindu temple, a Confucian temple, and so on. These spaces are sacrosanct in the sense that when an individual goes to the area to pray, they are really interested in having it as quiet. A library could also be considered a sacred space by this definition (libraries carry on that monastic-academic tradition of the deliberate contemplation of texts — this is arguably the antithesis of our hyper-industrial, full-throttle, 21st century world).

The other Native voice captured came by way of Dakota Goodhouse, who originally hails from the Standing Rock Sioux Reservation in south-central North Dakota (he shares the namesake of the state, which in English means ally or friend). Dakota gives some backdrop about the history of Killdeer Mountains as it pertains to the US-Dakota Wars, specifically the punitive campaigns carried out by General Alfred Sully west of the Missouri River circa 1864.
For some video context, Dakota is speaking and Lynn Helms is seated at the right. In this video excerpt, Dakota is remarking on how the encampment and battle boundaries are much larger and broader than what is delineated now (as of 01/25/2013), and how they need to be re-considered.

http://theedgeofthevillage.com/2013/01/25/killdeer-mountains-living-history-and-sacredness/

Democrat wanted gun debate

January 25, 2013 11:50 am  •  By NICK SMITH | Bismarck Tribune

Committee quotes

The North Dakota Industrial Commission spent more than two hours Thursday hearing details on a Hess Corp. proposal to drill up to eight wells at a location near the Killdeer Mountains. The plan, which was approved Thursday evening, would locate the wells near Medicine Hole, a site considered sacred to Native Americans. The site also is about three miles west of the Killdeer Mountain Battlefield Historic Site.

Testimony in opposition was given by a number of people at the hearing. Anne Marguerite Coyle, an associate professor of biology at Jamestown College, came to testify as an individual.

Coyle said as someone whose father was an executive of a small oil company, she understood the importance of oil drilling. However, she said, the rush to drill has largely pushed the debate on preservation and conservation aside from both members of the public and the state. She questioned the commission on the need for a balanced approach by the state to drilling.

“Do we have a balanced representation of those views on both sides? I don’t see that,” Coyle said.

Theodora Bird Bear, a Fort Berthold Indian Reservation resident, spoke of the historical and religious importance of Medicine Hole for Native Americans. She sought to compare the potential drilling near the site to that of drilling and imposing on sites of other’s religions.

“It’s like having an oil well next to your Catholic church,” Bird Bear said.

http://bismarcktribune.com/news/columnists/nick-smith/democrat-wanted-gun-debate/article_a3504f46-6717-11e2-b674-001a4bcf887a.html

Drilling Dispute

Drilling Dispute

Posted: Jan 24, 2013 8:42 PM CST

By Donnell Preskey, Assistant News Director 

The North Dakota Industrial Commission has decided to wait to make a decision on where permitted wells should be drilled near the Killdeer Mountains.

A hearing was held today on Hess Corp plans to drill wells in that location.

Residents from that area along with those interested in the land's history and habitat have opposed the wells saying they are too close to the Killdeer Mountains, Medicine Hole and near eagle nesting areas.

The North Dakota Department of Minerals has been examining and looking at different sceneries.

Director, Lynn Helms, presented six alternatives to the commission.

He says rugged terrain and nearby homes make it difficult to move the proposed well site.

Helms says doing nothing would leave 3 million barrels of oil stranded - that has a value of $250 million.

He proposes an approving Hess' application that would permit eight wells with stipulations.

<<(Lynn Helms / Dir. of Mineral Resources) "Two small pads with activity spread out will have the minimal amount of impact and also allows us to accomplish our statutory mission of preventing waste and protecting rights.">>

Several members of a group opposing the well sites explained why they don't support the oil development in that specific spot.

<< (Loren Jepson / Resident ) "That's all I'm looking for is to get these wells away from where everybody is living, we are going to live there for the rest of our lives."

"To leave it in the ground, is not to waste it. They're gonna be after it in the future, what's the rush? "

( Dr. Marguerite Coyle / Eagle Researcher) What is the price to habitat? Do we also have a price on the archaeological artifacts and what the impact would be? Do we have a price on that? You can not buy them back. They are not replaceable.">>

http://www.kxnet.com/story/20700275/drilling-dispute?autoStart=true&topVideoCatNo=default&clipId=8229147

http://www.kxnet.com/story/20700275/drilling-dispute

SENATE BILL NO. 2357

13.0828.03000
Sixty-third
Legislative Assembly
of North Dakota
Introduced by
Senators Triplett, Marcellais, Oehlke
Representatives N. Johnson, Onstad

A BILL for an Act to create and enact a new subsection to section 15-02-05 and a new
subsection to section 55-02-01.2 of the North Dakota Century Code, relating to duties of the
commissioner of university and school lands and the director of the state historical society.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new subsection to section 15-02-05 of the North Dakota Century Code is
created and enacted as follows:
Assist the director of the state historical society in surveying all lands described in section 15-01-02 for the presence of cultural resources as defined in section 55-03-00.1 and creating an inventory to catalog those cultural resources.

SECTION 2. A new subsection to section 55-02-01.2 of the North Dakota Century Code is
created and enacted as follows:
Survey all lands described in section 15-01-02 for the presence of cultural resources
as defined in section 55-03-00.1 and create and maintain an inventory of those cultural
resources. The commissioner of university and school lands shall assist the director in
carrying out the survey and creation of the inventory under this subsection. To the
extent feasible, the director shall involve students enrolled in institutions of higher
education in North Dakota in conducting the surveys required under this subsection. In
conducting the surveys, the director shall initially focus on areas subject to imminent
development or impact.
http://www.legis.nd.gov/assembly/63-2013/documents/13-0828-03000.pdf?20130210174218

SENATE BILL NO. 2341

13.0827.01000
Sixty-third
Legislative Assembly
of North Dakota
Introduced by
Senators Wardner, Andrist, Triplett
Representatives N. Johnson, Onstad, Oversen
A BILL for an Act to provide for an appropriation to the state historical society for archeological
surveys.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. APPROPRIATION - STATE HISTORICAL SOCIETY - ARCHEOLOGICAL
SURVEYS. There is appropriated out of any moneys in the general fund in the state treasury,
not otherwise appropriated, the sum of $250,000, or so much of the sum as may be necessary,
to the state historical society for the purpose of conducting archeological surveys in the Killdeer
battlefield study area, for the biennium beginning July 1, 2013, and ending June 30, 2015. The
state historical society shall reduce its expenditures relating to the general fund appropriations
provided under this section by any grant funds received by the state historical society for the
purposes identified in this section.
http://www.legis.nd.gov/assembly/63-2013/documents/13-0827-01000.pdf?20130210173423

Killdeer Mountains drilling sparks opposition but gets approval with conditions

January 24, 2013 5:01 pm  •  By NICK SMITH | Bismarck Tribune

North Dakota Industrial Commission members, from right, Governor Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring listen as Director of Mineral Resources Lynn Helms explains an oil company proposal to drill in the vicinity Killdeer Mountain at a meeting on 1-24 afternoon. The state industrial commission heard of a proposal from Loren Jepson who is request to allow drilling near his property on Killdeer Mountain as well as opposition to the drilling.

Enlarge Photo

The North Dakota Industrial Commission spent more than two hours Thursday listening to discussion on a proposal for drilling oil wells near the Killdeer Mountains, then voted unanimously to approve it.

The 3-0 vote came with a stipulation that Hess Corp. would have to connect the wells it drills to an oil and gas pipeline system as soon as possible to eliminate flaring of natural gas.

Lynn Helms, the state mineral resources director, outlined the drilling proposal to the commission, which also heard from a number of opponents.

Hess is proposing drilling up to eight wells on a spacing unit approximately five miles southwest of Medicine Hole, a site considered sacred to Native Americans. The site also is about three miles west of the Killdeer Mountain Battlefield Historic Site.

“The Department of Mineral Resources’ Oil and Gas Division has dedicated many hours looking at various development scenarios for well locations in order to minimize the potential impact on the landscape as well as any cultural impacts the well locations may have,” Helms said.

He told the commission that the department came up with six options for drilling at the site.

The recommended option would be to allow Hess to drill with a series of conditions.

One recommendation was for Hess to give seven days notice to the State Historical Society prior to well site construction so that an independent archaeologist could be there during that time.

Another stipulation was to only allow hydraulic fracturing between June 1 and Aug. 15 to minimize truck traffic along a rural route near the site during the school year.

The other alternatives, which were not recommended, included:

* Having surface locations to the west of the sections of land under which the oil lies, and drill west to east. Helms said that wasn’t recommended due to poor soil in one section and a rural subdivision in the other.

* Drilling from east to west. It was not recommended due to rugged topography and the nearness to the Killdeer Mountains Wildlife Management Area.

* Developing an existing spacing unit from an existing well pad. Helms said that was not recommended because it is inside a rural residential subdivision.

* Creating a 2,560-acre spacing unit and requiring Hess to drill a four-mile lateral well from south to north from the southernmost section of the spacing unit. Helms said that is not possible because the “technology simply doesn’t exist.”

* To allow no additional drilling in the spacing unit, something Helms said is not an option.

“That would leave more than 3 million barrels of oil stranded, which by statute is defined as waste,” Helms said. “Half the mineral acres in the spacing unit are private, for which the right to develop is protected by the state constitution.”

Agriculture Commissioner Doug Goehring, an Industrial Commission member, asked Helms the value of the oil if left underground. Helms estimated the 3 million barrels to be valued at approximately $250 million.

Nearby landowner Loren Jepson had said earlier that the road near the site by his home has numerous curves, low visibility and has a school bus stop.

“It’ll be traffic deluxe,” Jepson told the Industrial Commission on Thursday.

Rob Sand of the Killdeer Mountain Alliance, a group working to protect the area, urged the commission to consider waiting to allow drilling near the site. Sand said it would be better to wait for technology to advance enough so drilling could be from farther than three miles away.

He also disputed the term “waste” in describing oil being left in the ground.

“What you call waste I call storage,” Sand said.

Dakota Goodhouse, speaking as a citizen, also questioned the need to drill now. He said it took decades before drilling technology advanced enough for much of the current drilling in the state to take place.

“Why couldn’t we wait 40 years or 50 years for the technology to catch up?” Goodhouse asked.

Attorney General Wayne Stenehjem, a commission member, replied that a number of mineral rights owners are aging and probably would like to cash in at some point.

“The oil isn’t going anywhere, but they are,” Stenehjem said.

Anne Marguerite Coyle, an associate professor of biology at Jamestown College, said once the landscape is affected by development, “you can’t buy that back.”

North Dakota Industrial Commission members, from right, Governor Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring listen as Director of Mineral Resources Lynn Helms explains an oil company proposal to drill in the vicinity Killdeer Mountain at a meeting on 1-24 afternoon. The state industrial commission heard of a proposal from Loren Jepson who is request to allow drilling near his property on Killdeer Mountain as well as opposition to the drilling.

http://bismarcktribune.com/bakken/killdeer-mountains-drilling-sparks-opposition-but-gets-approval-with-conditions/article_fb49e930-6679-11e2-b202-0019bb2963f4.html

Oil Drilling Near Killdeer Mountains

Oil Drilling Near Killdeer Mountains | Video
Jennifer Joas | 1/24/2013 

More and more oil wells keep popping up across the North Dakota landscape. But some landowners say the state should be protecting its most sacred areas, such as the Killdeer Mountains. They expressed their concerns to the Industrial Commission, but there may not be a solution.

It started nearly three months ago, when Hess first presented its case for putting a spacing unit near the Killdeer Mountains and the Killdeer Battlefield. Since then, landowners and alliance groups have expressed concern over drilling in that area.

"What we are asking you is to really look at where you do have powerful influence, and that is on the lands controlled by the state. And especially with this area which is so precious," said Sand.

Landowners say the spacing unit is too close to their homes, wildlife habitat and cultural artifacts. They would prefer if Hess moved it farther away, and drilled a longer distance. But the state says that is just not possible.

"The technology simply does not exist. It has not ever been done. There is no technology to drill four mile long laterals and to keep them in zone and to produce the wells," said Lynn Helms, Department of Mineral Resources Director. 

Helms says he looked into six other alternatives but he feels the one being proposed has the least impact to wildlife and people. He says if the state decides to do nothing, more than three million barrels of oil will be wasted, which equals about $250 million. But landowners say leaving the oil untouched for the time being is not wasting it.

"The oil is not going anywhere. I do not know why we have to rush to put wells down and extract. Why can we not wait 40, 50 years for the technology to improve?" said Dakota Goodhouse.

"What is the rush? The rush means quick decisions, unplanned decisions and unplanned impacts," said Theodora Birdbear.

"Do we have a price on the impact on tourism? Do we have a price on the impact on scientific research, and all the species you`ll be impacting? I do not see that ever in a budget anywhere. But I always see the cost of oil," said Anne Marguerite.

Helms also suggested placing stipulations on the case to minimize impacts to the roads, the artifacts and to provide better oversight by the State Historical Society.

The Industrial Commission voted to approve the recommended order, and added another stipulation for Hess to do everything possible to reduce flaring.
http://www.kfyrtv.com/Video_News.asp?news=61663

Published January 24, 2013, 04:04 PM

ND leaders hear plan for oil drilling in Killdeer Mountains

BISMARCK, N.D. — The North Dakota Industrial Commission discussed a drilling plan that affects the Killdeer Mountains for about two hours today but did not make a decision.

By: Amy Dalrymple, The Dickinson Press

BISMARCK, N.D. — The North Dakota Industrial Commission discussed a drilling plan that affects the Killdeer Mountains for about two hours today but did not make a decision.

Lynn Helms, director of the Department of Mineral Resources, recommended approving a proposal from Hess Corp. to drill up to eight oil wells in a section of land owned by the North Dakota Department of Trust Lands with stipulations that would address concerns from opponents.

Helms recommends approval of the drilling plan with these stipulations:

+ Hess will provide seven-day notice to the State Historical Society prior to site construction so an independent archaeologist can be on site during construction.
+ Hydraulic fracturing can only occur between June 1 and Aug. 15 to minimize truck traffic on a school bus route.
+ The east pad location, which contained a known historical artifact, will be constructed with fill only, so no topsoil will be disturbed.

About 50 people attended the meeting, including neighboring landowners, American Indians, archaeologists, a biologist and others who want to preserve the area.

The commission, which consists of Gov. Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring, allowed members from the public to speak even though the meeting was not a hearing.

Check back for more on this story.
http://www.thedickinsonpress.com/event/article/id/65066/

Killdeer Mountain drilling approved late Thursday

Posted on January 24, 2013

Archaeologist Valerie Bluemle, with the sign, and others attend a meeting of the North Dakota Industrial Commission Thursday involving an oil development proposal in the Killdeer Mountains. Amy Dalrymple/Forum News Service

BISMARCK, N.D. — The North Dakota Industrial Commission unanimously approved late Thursday a plan to drill for oil in an area of the Killdeer Mountains that received widespread opposition, but added several stipulations to address some of the concerns.

Denying a request from Hess Corp. to drill up to eight wells in the Killdeer Mountains would leave 3.5 million barrels of oil in the ground and waste $250 million, said Lynn Helms, director for the Department of Mineral Resources.

But landowners, American Indians, archaeologists and others who attended the commission’s meeting Thursday said the state should also consider the value of the area’s beauty and historical and cultural significance.

The Industrial Commission, which consists of Gov. Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring, discussed the matter for more than two hours Thursday in a meeting attended by about 50 people. They invited public comment even though it was not a public hearing.

Commissioners said they wanted to take the matter under advisement and continued the rest of their agenda from the governor’s conference room, acting on the proposal hours later after members of the public had left.

Dalrymple said after their meeting had adjourned that commissioners needed to get to other items on the long agenda so individuals involved in those matters could get home. Members of the public could have stayed if they wished, Dalrymple said.

Rob Sand, a member of the Killdeer Mountain Alliance who was among the people who spoke during the meeting, said he was disappointed by the outcome.

“There was a lot that we offered that they apparently chose not to consider.”
Sand said he was grateful commissioners heard public comments, but he was surprised they didn’t act on the proposal in front of the interested parties if they knew how they were going to vote.

Among those who spoke during the meeting was Theodora Birdbear of Mandaree who said members of the Fort Berthold Indian Reservation use the Killdeer Mountains as an area for prayer and the industrialization of the area would affect the spiritual experience.

“It’s kind of equivalent to having an oil well right beside your Catholic church. It’s parallel to that,” she said.

Several urged the Industrial Commission to delay oil development in the area until technology advancements can allow companies to drill from farther away or until an archaeological study can be completed. The site is about 3 miles from the historical marker for the Battle of Killdeer Mountain and an archaeologist plans to study the area as soon as this year.

But commission members said they also have a constitutional responsibility to mineral owners who would want to see the minerals developed in their lifetimes. Because the section of land is owned by the North Dakota Department of Trust Lands, there also is an obligation to develop the minerals for the benefit of K-12 education, commission members said.

“We’re trying to do everything we can to keep that feeling and at the same time be responsible to our school children and the other people that also have rights here,” Dalrymple said.

The commission approved the request with these stipulations:

• Hess would provide seven-day notice to the State Historical Society prior to site construction so an independent archaeologist could be on site during construction.
• One pad location that contained a known artifact would be constructed with fill material so no excavation would be needed in an effort to preserve potential artifacts. Helms estimates this would cost Hess an additional $200,000.
• Hydraulic fracturing could only occur between June 1 and Aug. 15 to minimize truck traffic on a school bus route, which was another concern raised by opponents.
• Hess will eliminate flaring of natural gas as much as possible. Helms said Hess plans to have a system of pipelines to gather crude and natural gas to make flaring minimal and reduce truck traffic.

In addition, Hess will be asked to work with landowner Loren Jepson to develop access to the wells that would minimize impact to residents, Dalrymple said.

During the meeting, Stenehjem said the decision is part of a larger issue he’d like the commission to discuss about how certain areas of the state may be protected.
“They love their area and who can blame them. It’s a gorgeous area,” he said. “I think that’s a bigger issue we need to talk about.”
http://oilpatchdispatch.areavoices.com/2013/01/24/killdeer-mountain-drilling-approved-late-thursday/
http://www.prairiebizmag.com/event/article/id/13473/
http://www.nativetimes.com/news/environment/8358-oil-drilling-approved-in-killdeer-mountains-area

NDIC Dockets for Hearings and NDIC Agenda for Public Hearing

North Dakota Industrial Commission
Docket for Hearing
Thursday, December 18, 2008 @  9:00 a.m.
N.D. Oil & Gas Division
1000 East Calgary Avenue
Bismarck, North Dakota

Case No. 10774: Application of Tracker Resource Development II, LLC for an order pursuant
to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the
Trotter #25-1H, Sections 25 and 36, T.146N., R.97W., Little Knife-Bakken
Pool, Dunn County, ND; authorizing the recovery from each
nonparticipating owner a risk penalty as provided by NDCC § 38-08-08 and
such other relief as is appropriate.

https://www.dmr.nd.gov/oilgas/dockets/2008/docket121808.pdf
_________________________________________________________________________


North Dakota Industrial Commission
Docket for Hearing
Monday, January 05, 2009 @  9:00 a.m.
N.D. Oil & Gas Division
1016 East Calgary Avenue
Bismarck, North Dakota


Case No. 10774: (Continued)  Application of Tracker Resource Development II, LLC for an
order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing
unit for the Trotter #25-1H, Sections 25 and 36, T.146N., R.97W., Little
Knife-Bakken Pool, Dunn County, ND; authorizing the recovery from each
nonparticipating owner a risk penalty as provided by NDCC § 38-08-08 and
such other relief as is appropriate.

https://www.dmr.nd.gov/oilgas/dockets/2009/docket010509.pdf
_________________________________________________________________________

North Dakota Industrial Commission

Docket for Hearing
Wednesday, September 26, 2012 @  9:00 a.m.
N.D. Oil & Gas Division
1000 East Calgary Avenue
Bismarck, North Dakota


Case No. 18618: Application of Hess Corp. for an order amending the applicable orders for
the Little Knife-Bakken Pool to authorize up to 8 horizontal wells to be
drilled on four 1280-acre spacing units described as Sections 25 and 36,
T.146N., R.97W.; and Sections 14 and 23; and Sections 15 and 22,
T.147N., R.97W.; and Sections 27 and 34, T.148N., R.97W., Dunn
County, ND, and such other relief as is appropriate.


https://www.dmr.nd.gov/oilgas/dockets/2012/docket092612.pdf
_______________________________________________________________________


North Dakota Industrial Commission
Docket for Hearing
Wednesday, October 24, 2012 @  9:00 a.m.
N.D. Oil & Gas Division
1000 East Calgary Avenue
Bismarck, North Dakota



Case No. 18618: (Continued)  Application of Hess Corp. for an order amending the
applicable orders for the Little Knife-Bakken Pool to authorize up to eight
horizontal wells to be drilled on four 1280-acre spacing units described as
Sections 25 and 36, T.146N., R.97W.; and Sections 14 and 23; and
Sections 15 and 22, T.147N., R.97W.; and Sections 27 and 34, T.148N.,
R.97W., Dunn County, ND, and such other relief as is appropriate.

https://www.dmr.nd.gov/oilgas/dockets/2012/docket102412.pdf
________________________________________________________________________


AGENDA
Industrial Commission of North Dakota
Thursday, January 24, 2013
1:00 p.m. – Brynhild Haugland Room
2:00 p.m. - Governor's Conference Room


I. North Dakota Department of Mineral Resources Business – Lynn Helms
A. Consideration of Case 18618, Order 20920 -  (Attachment 1)
B. Consideration of Case 19398, Order 21874 -  (Attachment 2)
C. Legislative Update  (Attachment 3 – to be distributed at meeting)
D. Other North Dakota Department of Mineral Resources business



http://www.nd.gov/ndic/ic-press/magenda.pdf

Saving Killdeer Mountain: Varied interests out to protect potential oil site

Sunday, January, 20, 2013 

Saving Killdeer Mountain: Varied interests out to protect potential oil site

KILLDEER — An area of Killdeer Mountain proposed for oil development has rich archeological resources with potential to be added to the National Register of Historic Places, said an archeologist who visited the area.

By: Amy Dalrymple, Forum News Service

KILLDEER — An area of Killdeer Mountain proposed for oil development has rich archeological resources with potential to be added to the National Register of Historic Places, said an archeologist who visited the area.

Archeologist Richard Rothaus took a preliminary survey of a section of state land where Hess Corp. proposes drilling up to eight oil wells and found numerous artifacts that may be related to the Battle of Killdeer Mountain.

Rothaus, along with a diverse group of landowners, Native Americans, hunters, historians and others, are urging the North Dakota Industrial Commission to preserve the section of land about 45 miles north of Dickinson, which is owned by the North Dakota Department of Trust Lands. The commission is scheduled to act on Hess’ permit request on Thursday.

“It’s a type of natural resource. It doesn’t make money like oil does, but it’s something that’s of value to the local citizens, to the Native community,” Rothaus said.

A recently formed group called the Killdeer Mountain Alliance suggests that Hess position its wells further south and drill four miles horizontally to access the minerals.

“This whole area is a state treasure,” said Rob Sand, a landowner in the area and member of the alliance. “We should do what we can to keep it from turning into an industrial area.”

But the alliance’s suggestion is not a technique being used in North Dakota currently, said Alison Ritter, spokeswoman for the state’s Department of Mineral Resources.

Typical Bakken wells are drilled two miles down and two miles horizontally. The state has two wells that have been drilled three mile horizontally near Lake Sakakawea, Ritter said.

No companies are drilling four miles horizontally in the state, which would require a rig capable of drilling to a total depth of six miles.

In a statement, a Hess spokesperson said the company is committed to meeting the highest standards of corporate citizenship and seeks to minimize the company’s impact on the environment.

“We are aware of the concerns and have made every attempt to address the issues raised with regard to our drilling program,” the statement read. “We design every well taking into the specific environmental considerations for that location.”

Lynn Helms, director of the Department of Mineral Resources, will make a recommendation to the Industrial Commission during its meeting on Thursday.

The issue was initially going to be on December’s agenda, but pushed back to allow more time to review the numerous comments submitted, Ritter said.

“There are so many interests that we have to look out for: surface owners, mineral owners, oil and gas operators,” Ritter said. “We have all these different parties that we have to protect. Every piece of this case has been gone over immensely.”

The Industrial Commission consists of Gov. Jack Dalrymple, Attorney General Wayne Stenehjem and Agriculture Commissioner Doug Goehring.

Anne Marguerite Coyle, a Jamestown College biology professor who did a study of golden eagles in the Killdeer area, is serving as a liaison for the groups who oppose the drilling proposal. A diverse group of people from neighboring landowners to hunters to Native Americans to biologists and others plan to attend Thursday’s meeting to show their opposition, Coyle said.

“We’re not against development, we’re against irresponsible and greed-driven development,” Coyle said.

Killdeer Public Schools Superintendent Gary Wilz was among the many people who wrote a letter expressing concerns about the proposal. Wilz asked the Industrial Commission to consider finding an alternate route to access the proposed wells because the additional traffic would make an already “precarious and worrisome bus stop” more hazardous.

There is oil development nearby, including some on the mountain, on privately owned land.

Rothaus, a Sauk Rapids, Minn., archeologist who owns consultant firm Trefoil Cultural and Environmental with an office in Fargo, also submitted his findings. Rothaus was contacted by people with concerns because of his expertise in studying history and archaeology of battlefields of the U.S.-Dakota War.

He was planning to study the Battle of Killdeer Mountain in 2014, but he’s now moving that up due to the oil development. Rothaus and North Dakota State University history professor Tom Isern submitted a grant application to the National Park Service American Battlefield Protection Program.

While the section of land being considered for oil development is nearly 3 miles from the historical marker of the Battle of Killdeer Mountain, the actual battlefield extended over a broad area, Rothaus said.

Rothaus, who holds a permit for cultural resource investigation from the State Historical Society of North Dakota, walked around the section of land in November and found numerous artifacts that indicate there’s a good chance than an encampment related to the Battle of Killdeer Mountain was located in that section. However, the actual nature of the archaeological sites require formal survey and evaluation, he said.

It’s unknown if the area could contain burial grounds of any of the approximately 150 Native Americans estimated to have died in the battle, Rothaus wrote in a letter.

In addition to the historical significance of the area, that section of land has soils that are unusually deep and intact, Rothaus said.

“I can assert that Section 36 has some of the highest potential for the presence of significant archaeological sites I have seen in North Dakota,” Rothaus says in a letter to state officials.

In addition to the historical significance, Killdeer Mountain is rich with cultural traditions for Native Americans and continues to be used for prayer and reflection, said Dakota Goodhouse, a program officer for the North Dakota Humanities Council and an enrolled member of Standing Rock Sioux tribe.

Goodhouse said because of the significance of the area, he’d like to see oil companies wait until technology advancements allow them to access the minerals with less disturbance to the area.

“The oil isn’t going anywhere,” Goodhouse said.

Lance Gaebe, commissioner for the North Dakota Department of Trust Lands, said if the wells are permitted, the department develops a surface impact agreement with Hess to make sure the wells have a minimal environmental impact.

The locations that are proposed are positioned in an area that’s flat, won’t create erosion, won’t impact drainage and doesn’t affect known historical resources, Gaebe said.

“They are in the best location they can be within that square mile,” Gaebe said.

Under the agreement, if an archaeological find is discovered during development, operations would cease and follow the guidance of a historical preservation office, Gaebe said.

Under law, state lands officials have a fiduciary responsibility to manage the minerals for the benefit of public schools and other public land owners.

Coyle said she understands the fiduciary responsibility to develop minerals on state lands, but preserving the area for purposes such as tourism should be another fiduciary responsibility.

“What’s the price of wildlife and what’s the price of archeology? There is no price. You can’t replace it,” Coyle said.

Rob Sand, member of the Killdeer Mountain Alliance, looks out at the area he and other landowners are trying to protect from oil development on Thursday.

http://www.thedickinsonpress.com/event/image/id/18894/headline/Sand/

This arrowhead was found by an archaeologist on Killdeer Mountain in an area proposed for oil development. Photo courtesy of Richard Rothaus

http://www.bakkentoday.com/event/image/id/600/headline/Arrowhead%20found%20on%20Killdeer%20Mountain/publisher_ID/82/

Oil development is proposed for an area of Killdeer Mountain, pictured here on Nov. 24, 2012, that an archaeologist says is rich with artifacts and historical significance. Photo courtesy of Richard Rothaus
http://www.bakkentoday.com/event/image/id/599/headline/Oil%20development%20planned%20for%20this%20area%20on%20Killdeer%20Mountain/publisher_ID/82/

One concern about oil development on an area of Killdeer Mountain is that truck traffic would create hazards for this school bus route pictured Thursday, Jan. 17, 2013. Amy Dalrymple/Forum News Service
http://www.bakkentoday.com/event/image/id/601/headline/Some%20say%20oil%20development%20would%20impact%20safety%20on%20this%20school%20bus%20route/publisher_ID/82/

http://www.thedickinsonpress.com/event/article/id/64937/

Letter To the Editor: Oppose mountain drilling

Letter To the Editor: Oppose mountain drilling

Posted on 18 January 2013 by Bryce Martin

Dear Editor, We appreciate the many benefits oil development has brought to our area.

Posted Jan. 18, 2013

We’re also concerned about the relentlessness and rapidity of the development, especially when it threatens areas precious to all North Dakotans. The Killdeer Mountains, which include both private and public lands, are among those areas.

We invite everyone who cares about the Killdeer Mountains to join the Killdeer Mountain Alliance:

“The Killdeer Mountain Alliance exists to preserve the cultural, spiritual, ecological, archaeological, and historical integrity of the Killdeer Mountains of western North Dakota and protect them from industrial development that harms the American Indian sites, plant and wildlife habitat, ranching, hunting, tourism, scenic beauty, and recreation for which the Killdeer Mountains are known and loved.”

If you’d like to help protect the Mountains, please contact us: Lori Jepson, 863-6653 or lorijepson@ndsupernet.com. Rob Sand, 863-7263 or killdeermtn@gmail.com.

Sincerely,

Mary Sand

http://www.dunncountyextra.com/letter-to-the-editor-oppose-mountain-drilling/

A ‘mountain’ of a debate

A ‘mountain’ of a debate

Posted on 18 January 2013 by Bryce Martin

A two-mile stretch of North Dakota land will mean the difference between oil drilling and disrupting the slopes of the Killdeer Mountains for one global oil company.

Hess Corp., a Texas-based oil corporation, is making plans to drill on top of Killdeer Mountains. They have proposed drilling four additional wells on the Killdeer Mountains. They already have received permits and are in the process of now applying for four more to drill a total of eight wells.

By BRYCE MARTIN

Herald Editor

Posted Jan. 18, 2013

A two-mile stretch of North Dakota land will mean the difference between oil drilling and disrupting the slopes of the Killdeer Mountains for one global oil company.

Hess Corp., a Texas-based oil corporation, already maintains several oil well sites within Dunn County and has proposed drilling four additional wells on the Killdeer Mountains. They already have received permits and are in the process of now applying for four more to drill a total of eight wells.

A citizen action group known as the Killdeer Mountain Alliance (KMA), formed to protect the mountains from industrial development, urged both Hess and the state of North Dakota to relocate the drill site to two miles south of the mountain.

The decision now rests in the hands of the North Dakota Industrial Commission (NDIC).

Rob and Mary Sand are two local landowners and members of the KMA, expressing their strong concern over possible placement of Hess’s wells.

“This isn’t near (the mountains), this is on the mountains,” Rob Sand said.

Hess’s plans call for the wells to be placed along the south side of the Killdeer Mountains, within a public section of the slope that is designated as a school section. Two sections of every township in North Dakota are considered state school land and earmarked for funding public education. Monies from minerals discovered would be awarded to the state for education.

If permitted to begin drilling, Hess’s construction would span nearly three acres of land, with all topsoil being removed, the area leveled and an infrastructure consisting of access roads to be constructed.

Continental Resources Inc., an Oklahoma-based company, has leases directly east of where Hess maintains several leases. They proposed drilling on the mountains in the past, but moved farther away off the mountains when urged by residents.

“If (Hess) were to drill where they propose, it puts them right on top of archeology,” Rob said. “It’s a hunting area, it’s a very scenic area and it’s public land.”

Archeologists claimed there are findings of historical and cultural significance around the proposed dig site that they want to further explore and evaluate. The area is also one part of the mountain that has public access.

“Almost anywhere in the Killdeer Mountains, if you come to a gopher hole and you kick the soil, you’re going to come across some sort of artifact,” Mary Sand said. “It is one of the richest archeological sites. Once they start messing with the surface, that is lost.”

As landowners and others come forward to voice opposition to Hess’s proposed dig, the matter heads to the NDIC for approval.

“This is one place where the public can speak up,” Rob said. “When it’s on private land, there’s not a whole lot we can say.”

On state lands in North Dakota, oil companies need only the approval of the Oil and Gas Division of the NDIC for site location. Unlike decisions related to federal lands, the NDIC is not obligated to protect archaeological and historical artifacts if such protection impedes financial gain for the state.

“In some cases, however, state officials have worked with industry to relocate wells on lands where there are concerns about wildlife habitat or archaeological artifacts,” Rob said. “We hope that will be the case here.”

The NDIC is scheduled to meet Jan. 24 at the North Dakota State Capital building to make a decision regarding Hess’s permits to drill at that location. The final decision ultimately is up to the state.

“They really need to be more considerate of what the public interest is,” Rob said.

Consensus among landowners in the area remains clear – drilling on the mountains is unacceptable. A location the KMA suggested for Hess to relocate is two miles south, combining the unit they’re presently applying for and the unit directly below them, which is also under their ownership.

“It’s not going to change the financial gain – they’re still able to access those minerals,” he said. “We’re just trying to change the location. Apparently it’s easier to drill two miles than it is four miles.”

A spokesperson for Hess acknowledged the situation in the Killdeer Mountains and offered a written statement to the Herald.

“We seek to minimize our impact on the environment in all aspects of our operations in North Dakota,” a company spokesperson said. “We are aware of the concerns and have made every attempt to address the issues raised with regard to our drilling program. We design every well taking into the specific environmental considerations for that location. In this case, we have also worked closely with the North Dakota Department of Trust Lands, who is the surface owner and a major mineral owner under the well in question.

“Hess Corp. is committed to meeting the highest standards of corporate citizenship by … safeguarding the environment and making a positive impact on the communities in which we do business.”

Regardless of the situation, Rob said their intention is not to make the oil companies the “bad guy.”

“They’re just trying to follow their standard practices, and since we know it’s possible to drill from a farther distance, we’re asking that the state change the permit and the location,” he said.

“It’s both the state and Hess that we’re appealing to.”

The Sands plan to attend the upcoming open meeting in Bismarck and eagerly await a decision over their beloved mountains.

“It is an area that we think is a treasure – the whole mountain is, but that particular area is public land and that’s why we’re feeling like we should be able to say something.”
http://www.dunncountyextra.com/661/