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Save Greers Ferry Lake

Greers Ferry Lake Needs Your Help!

Gas Well Testing/Drilling Greers Ferry Lake

Apparently the Secretary of the Army and the Corps of Engineers have decided that gas revenues from drilling UNDER Greers Ferry Lake are more important than protecting the water quality and natural shoreline of Greers Ferry Lake. License No. DACW03-3-10-3297 was issued to Chesapeake Energy Corporation to allow extensive "use and occupation of the premises" from October 1, 2010 to September 30, 2011. No public hearings were held, no public input requested, no public notification of proposed licensing for in lake survey or drilling under the lake was given. This is public property. Mineral rights (gas extraction) permits would be, or have been, issued by the US Bureau of Land Management Field Office in Jackson, Mississippi. So far, no response has been obtained from John Dykes at that office. His phone number is 601-977-5427.


30 foot boats will be used to shoot 2000 psi air blasts into the water for sensor recordings to be taken to determine potential gas well drilling locations. Arkansas Game and Fish Commission representatives will be present to determine harmful effects (turbidity, fish kill? etc) and are authorized to halt the operations if damages are deemed excessive. The AR Game & Fish Commission will build seven courtesy docks to accommodate the seismographic survey boats. The docks are to be accepted in lieu of a $42,250 easement payment. Construction of the docks was to have been completed by January 31, 2011.

Save Greers Ferry Lake, Inc is concerned that leasing the lake property as a natural gas supply will be a potential threat to the water purity of this Regional Water Supply and will have negative effects on real estate values, tourism, retiree and vacation home interests, the environment (air, soil, water), wildlife, and the quality of life that has built this community. If you share our concerns, or have questions about this extended activity, please contact Win Hargis, Greers Ferry Lake Project Manager at the Heber Springs Corps Office, phone 501-362-2416, or Col. Glen Masset, Little Rock District Engineer, phone 501-324-5531.

Also, ask your legislators to put clean water availability over gas profits by denying UNDER the lake drilling. Additional addresses are listed in the Reference section of this website. Please help to protect the clean water and natural shoreline of Greers Ferry Lake!!


Below is the Permit issued by the U. S. Army Corps of Engineers :


License No. DACW03-3-IO-3297

DEPARTMENT OF THE ARMY LICENSE
GREERS FERRY LAKE
CLEBURNE COUNTY, ARKANSAS

THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under authority of Title 10, United States Code, Section 2668, grants to Ed Lengel, Chesapeake Energy  Corporation, P. O. Box 55, Heber Springs, Arkansas 72543, hereinafter referred to as the
grantee, a license to conduct a seismic survey and blasting, over, across, in and upon lands of the United States, as identified in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the premises.

THIS LICENSE is granted subject to the following conditions.

 

1. TERM

This license is granted for a term of one (1) year, beginning October 1,2010, and ending
September 30,2011, but revocable at will be the Secretary.

2. CONSIDERATION

In lieu of the market value for this easement of Forty-Two Thousand, Two Hundred and
Fifty Dollars and No/100 ($42,250.00); the grantee shall provide in-kind services as agreed
between Chesapeake Energy Corporation and the Greers Ferry Project Office, as described in
Exhibit B. Services to be performed will be agreed upon prior to beginning work on government
land. These in-kind services will be completed by January 31, 2011. An itemized listing of
services performed, locations, and their values, will be provided by the grantee upon completion
of work. Value of work performed must be equal to or greater than the $42,250.00, market value
of this easement.

In addition, the grantee shall pay an administrative fee in advance to the United States the
amount of Three Hundred Fifty-Five and No/100 Dollars ($355.00), in full for the term hereof,
payable to the order of the Finance and Accounting Officer, Little Rock District, and delivered to
the District Engineer, Little Rock District, Corps of Engineers, CESWL-OP-R, P. O. Box 867,
Little Rock, Arkansas 72203-0867.

3. NOTICES

All notices and correspondence to be given pursuant to this license shall be addressed, if
to the grantee, Chesapeake Energy Corporation, P. O. Box 55, Heber Springs, Arkansas 72543;
and if to the United States, to the District Engineer, Attention: Chief, Real Estate, P. O. Box 867,
Little Rock, Arkansas 72203-0867; or as may from time to time otherwise be directed by the parties.
Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope
addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by

the United States Postal Service.

 

4. AUTHORIZED REPRESENTATIVES

Except as otherwise specifically provided, any reference herein to "Secretary", "District
Engineer", or "said officer" shall include their duly authorized representatives. Any reference
to "grantee" shall include any duly authorized representatives.

5. SUPERVISION BY THE DISTRICT ENGINEER

The use and occupation of the premises shall be subject to the general supervision and
approval of the District Engineer, Little Rock District, hereinafter referred to as said officer,
and to such rules and regulations as may be prescribed from time to time by said officer.

6. APPLICABLE LAWS AND REGULATIONS

The grantee shall comply with all applicable Federal, state, county and municipal laws,
ordinances and regulations wherein the premises are located.

7. CONDITIONAL USE BY GRANTEE

               The exercise of the privileges herein granted shall be:

                   a. Without cost or expense to the United States:

                   b. Subject to the right of the United States to improve, use or maintain the premises.

                  c. Subject to other outgrants of the United States on the premises.

         d. Personal to the grantee, and this license or any interest therein, may not be transferred or assigned.
 

8. CONDITION OF PREMISES

The grantee acknowledges that it has inspected the premises, knows its condition, and
understands that the same is granted without any representations or warranties whatsoever and without
any obligation on the part of the United States.
 

9. COST OF UTILITIES

The grantee shall pay the cost, as determined by the officer haying immediate supervision
over the premises, of producing and/or supplying any utilities and other services furnished by the
Government or through Government-owned facilities for the use of the grantee, including the
grantee's proportionate share of the cost of operation andmaintenance of the Government-owned

facilities by which such utilities or services are produced or supplied. The Government shall be

under no obligation to furnish utilities or services. Payment shall be made in the manner

prescribed by the officer having such jurisdiction.

 

10. PROTECTION OF PROPERTY

The grantee shall keep the premises in good order and in a clean, safe condition by and at
the expense of the grantee. The grantee shall be responsible for any damage that may be caused
to property of the United States by the activities of the grantee under this license, and shall
exercise due diligence in the protection of all property located on the premises against fire or
damage from any and all other causes. Any property of the United States damaged or destroyed
by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired
or replaced by the grantee to a condition satisfactory to said officer, or at the election of said
officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace
the property to a condition satisfactory to said officer.

 

11. INDEMNITY

The United States shall not be responsible for damages to property or injuries to persons
which may arise from or be incident to the exercise of the privileges herein granted, or for
damages to the property of the grantee, or for damages to the property or injuries to the person of
the grantee's officers, agents, or employees or others who may be on the premises at their
invitation or the invitation of anyone of them, and the grantee shall hold the United States
harmless from any and all such claims not including damages due to the fault or negligence of
the United States or its contractors.

 

12. RESTORATION

On or before the expiration of this license or its termination by the grantee, the grantee
shall vacate the premises, remove the property of the grantee, and restore the premises to a
condition satisfactory to said officer. If, however, this license is revoked, the grantee shall
vacate the premises, remove said property, and restore the premises to the aforesaid condition
within such time as the said officer may designate. In either event, if the grantee shall fail or
neglect to remove said property and restore the premises, then, at the option of said officer, the
property shall either become the property of the United States without compensation therefor, or
said officer may cause the property to be removed and no claim for damages against the United States
or its officers or agents shall be created by or made on account of such removal and restoration work.
The grantee shall also pay the United States on demand any sum which may be expended by the United States
after the expiration, revocation, or termination of this license in restoring the premises.

 

13. NON-DISCRIMINATION

The grantee shall not discriminate against any person or persons or exclude them from
participation in the grantee's operations, programs or activities because of race, color, religion,
sex, age, handicap or national origin in the conduct of operations on the premises. The grantee
will comply with the Americans with Disabilities Act and attendant Americans with Disabilities
Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation
Barriers Compliance Board.

 

14. TERMINATION

This license may be terminated by the grantee at any time by giving the District Engineer
at least ten (10) days notice in writing provided that no refund by the United States of any
consideration previously paid shall be made and provided further, that in the event that said
notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required
to pay the consideration for the period shown in the Condition on CONSIDERATION.

 

15. ENVIRONMENTAL PROTECTION

a. Within the limits of their respective legal powers, the parties to this license shall
protect the premises against pollution of its air, ground and water. The grantee shall comply with
any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and
when issued by the Environmental Protection Agency, or any Federal, state, interstate or local
governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic
ox: hazardous materials within the premises is specifically prohibited. Such regulation,
conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or
any Federal, state, interstate or local governmental agency are hereby made a condition of this
license. The grantee shall not discharge waste or effluent from the premises in such a manner
that the discharge will contaminate streams or other bodies of water or otherwise become a
public nuisance.

 

b. The grantee will use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee
shall be liable to restore the damage

 

c. The grantee must obtain approval in writing from said officer before any pesticides or
herbicides are applied to the premises.  


 

16. HISTORlC PRESERVATION

The grantee shall not remove or disturb, or cause or permit to be removed or disturbed,
any historical, archeological, architectural or other cultural artifacts, relics, remains or objects

of antiquity. In the event such items are discovered on the premises, the grantee shall

immediately notify said officer and protect the site and the material from further disturbance

until said officer gives clearance to proceed.

 

17. DISCLAIMER

This license is effective only insofar as the rights of the United States in the premises are
concerned; and the grantee shall obtain any permit or license which may be required by Federal,
state, or local statute in connection with the use of the premises. It is understood that the
granting of this license does not preclude the necessity of obtaining a Department of the Army
permit for activities which involve the discharge of dredge or fill material or the placement of
fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the
Rivers and Harbors Act of 3 March 1899 (33 U.S.C. 403), and Section 404 of the Clean Waters
Act (33 U.S.C. 1344).

 

18. SPECIAL CONDITIONS

  1. Helicopters may be utilized to transport cables and portable drilling units to
    perform the seismic activity on Corps of Engineers property outside of the park
    areas. All FAA rules and regulations must be strictly adhered to during the
    operation. Additionally, the grantee must publicize this information through
    local media outlets (newspaper and radio) one month prior to the work taking
    place and weekly during the activity explaining the reason helicopters are
    flying near the lake. The news release must be coordinated with the Little
    Rock District Public Affairs Office.

  2. Charges utilized in the "blasting" operation may not exceed 150 grams of
    powder. Holes may not be dug below 11 feet in depth.
  3. Helicopter may not fly over, nor any "blasting" occur on Corps property in
    connection with this agreement, before 7:30 a.m. or after 7:30 p.m.

  4. Charges utilized in the "blasting" operation may not exceed 150 grams of
    powder. Holes may not be dug below 11 feet in depth.

  5. No vehicles will be allowed off-road on government lands. No trees shall be
    cut. Compensation for any damaged trees will be paid to the government
    based on landscape value, in accordance with SWLR-I130-2-47.

  6. Upon completion of the project, any holes will be filled to capacity with pea
    gravel and soil and the ground restored to its original contour, or mitigate for
    damages.

  7. The Grantee agrees to be responsible for any damage arising from the activity
    of the Grantee, its employees and/or contractors on said lands, in the exercise
    of rights under this license, and shall repair such damages.

This license does not relieve the Grantee from obtaining any necessary easements or permits.

  1. Where possible, the seismic cables will be placed in road ditches. If seismic
    cables have to cross any Government roads, they will be covered with a
    protective covering.

  2. The vibrator truck will stay on roads in Recreation Areas.

  3. Grantee agrees to contact Benny Rorie, Greers Ferry Project Office, 501-362-
    2417. Ext 2102, prior to commencing any work on project lands.

THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended.

IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this 25th day of October ,2010.


                       ELLYCE BEST
                       Senior Realty Specialist
                       Real Estate Division

TIDS LICENSE is also executed by the grantee this day of   ______ ,2010.

ATTEST:

Chesapeake Energy Corporation 
 

DACW03-3-10-3297                                                                                                                                                                                                                                                                                                                                                                    
Greers Ferry Lake
 

County: Cleburne
State: Arkansas
Acres: 8450

LICENSE
(Seismic Testing Area)

A tract of land situate in the county of Cleburne, State of Arkansas, being contained within
Township 11 North, Range 11 West and Township 12 North, Range 10 West of the Fifth
Principal Meridian, and containing approximately 8450 acres, more or less as shown outlined in red on Exhibit A, Page 1.

August 26, 2010

Exhibit A
------- - ------------------ ---

 

SEISMIC SURVEY
IN-KIND SERVICES

Grantee agrees in lieu of cash payment, in-kind services will be provided. Grantee will construct seven (7)
courtesy docks similar to the ones installed by the Arkansas Game and Fish Commission at Devils Fork,
Sugar Loaf and Hill Creek Parks. Due to the differing slops, docks will be built to match the ramps at each
site listed below. Coordination will be made with Benny Rorie, Greers Ferry Project Office, 501-362-2416,
ext 2102, regarding construction of these docks.

1 docks - Old Highway 25 Park
2 docks - Dam Site Park
1 dock - Heber Springs Park
1 dock - Cove Creek Park
1 dock - Cherokee Park
1 dock - Choctaw Park

Docks shall be completed by January 31,2011.

Estimated costs by AR Game and Fish, for each dock, $6000.