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HomeMy WebLinkAboutR2016-007s: \legal \our documents \resolutions \16\resolution authorizing letter of protest to blm over oil and gas leasing at lake lewisville.docx RESOLUTION NO. R2O16 -007 CONSIDER APPROVAL OF A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SIGN A LETTER OF PROTEST, PURSUANT TO 43 C.F.R. SECTION 3120.1 -3, REGARDING THE PROPOSED AUCTION BY THE BUREAU OF LAND MANAGEMENT ( "BLM ") OF PARCEL NM- 201604 -044 COMPRISING 259 ACRES IN AND ADJACENT TO LEWISVILLE LAKE, DENTON COUNTY, TEXAS FOR PURPOSES OF OIL AND GAS DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Bureau of Land Management ( "BLM ") proposes to auction Parcel NM- 201604 -044, comprising 259 acres in and adjacent to Lewisville Lake, Denton County, Texas (the "Lake Lewisville Property "), for purposes of oil and gas development, and WHEREAS, the City of Denton is a holder of water rights to water impounded in Lake Lewisville, and this water serves as a primary source of drinking water for our citizens, and WHEREAS, the City Council of the City of Denton is concerned about. protection of regional water resources, and WHEREAS, the City of Denton recognizes that Gas Well Drilling and Production Activities can create conditions that potentially threaten health, safety and general welfare, including accidental releases of chemicals and fluids from the site, fire hazards, sediment discharges and similar deleterious effects, and WHEREAS, water is an increasingly precious resource in our region, about which the City is justly concerned; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitations of the preamble to this Resolution are herein incorporated. SECTION 2. The City Council of the City of Denton authorizes the Mayor to sign a Letter of Protest with the Bureau of Land Management recounting the City's concern over the leasing of lands in and adjacent to Lewisville Lake, Denton County for purposes of oil and gas development in form and substance substantially similar to the attached letter attached hereto as Exhibit "A" and incorporated herein. SECTION 3. The City Council of the City of Denton directs the City Staff to file said Letter of Protest with the Bureau of Land Management by February 18, 2016 and to accomplish any necessary tasks associated with such filing. PASSED AND APPROVED this the %(i day of l'- , 2016. _....�.,.,n .m..._n....�.._.�.�.._mn_._... �....... CHRIS WATTS, MAYOR sAlegahour documents\resolutions\16\resolution authorizing letter of protest to blm over oil and gas leasing at lake lewisville.docx NO ILI I 120 BY: t F.'l el I mm um w) Ram m1wadr-m V Kew] 'APA WA BY:-- . .... . "w a. kuunc February 17, 2016 Via facsimile 505.954.2010 and regular mail Amy Leuders, Director Bureau of Land Management Bureau of Land Management New Mexico Office New Mexico State Office P.O. Box 27115 301 Dinosaur Trail Santa Fe, New Mexico 87502 -0115 Santa Fe, New Mexico 87508 Re: Dallas Water Utilities' protest pursuant to 43 C.F.R. § 3120.1 -3 of proposed auction by Bureau of Land Management ( "BLM ") of Parcel NM- 201604 -044 comprising approximately 259 acres in and adjacent to Lewisville Lake, Denton County, Texas (the "Lewisville Lake Property ") Dear Ms. Leuders: On behalf of the City of Denton, Texas and pursuant to City Council Resolution No. 2016 -007 dated February 16, 2016, I am authorized as Mayor of the City to file this Letter of Protest, pursuant to 43 C.F.R. section 3120.1 -3, regarding the proposed auction by the Bureau of Land Management ( "BLM ") of Parcel NM- 201604 -044, comprising 259 acres in and adjacent to Lewisville Lake, Denton County, Texas (the "Lake Lewisville Property "), for purposes of oil and gas development. The City of Denton.is a holder of water rights to water impounded in Lake Lewisville, and this water serves as a primary source of drinking water for our citizens. As such, our concerns revolve around protection of water quality, as well as other issues raised by North Texas cities. The City of Denton recognizes that Gas Well Drilling and Production Activities can create externalities that potentially threaten health, safety and general welfare. These externalities can include accidental releases of chemicals and fluids from the site, Fire hazards, sediment discharges and similar deleterious effects. Further, the City of Denton joins the concerns of other North Texas cities in their protests to the proposed lease of this property. Of note as an initial matter, there appears to be a discrepancy between Bureau of Land Management ( "BLM ") Competitive Oil and Gas Lease Sale document, and parcel NM- 201604- 044 as listed in Environmental Assessment DOI- BLM -NM- 040 - 2015 -61 -EA ( "the Environmental Assessment "). Parcel NM- 201604 -043 appears to reference Somerville Lake in Washington County, Texas in the Environmental Assessment DOI- BLM -NM- 040 - 2015- 61 -EA, thereby creating confusion to protestors to the lease of the referenced lands. We ask that this proposed lease be withdrawn and this error corrected prior to any further proceedings in this matter. "lfedicatc,4 to Qiiumallity Servlce" mew'K.61,yof`rlentmmm.com Nonetheless, our statements herein are directed towards Lewisville Lake, which is a major drinking water source not just for the City of Denton, but also for surrounding cities in North Texas. Water is an increasingly precious resource in our region, and we are naturally very concerned with activities that could impact these resources. We are therefore protesting the competitive oil and gas lease for the parcels related to Lewisville Lake based on the concerns outlined below. We have taken numerous actions during the course of several years to enact provisions in our local development code to address these concerns for activities that fall within our municipal jurisdiction. Since it appears that the surface areas that will be developed to access the mineral estate of the lease for the Lake Lewisville parcels will fall outside of Denton's jurisdiction, we are submitting this protest by our standing as water rights holders in the reservoir. Concern 1: Issues Expressed by the City of Dallas by Letter Protest to the BLM dated February 9, 2016 and by the City of Highland Village by Letter Protest to the BLM dated February 10, 2016. The City of Denton endorses the City of Dallas's Letter Protest to the BLM as it relates to surface water quality and risks to the integrity of Lewisville Dam and incorporates by reference, Dallas's Letter Protest attached hereto as Exhibit (1). The City of Denton also endorses: the City of Highland Village's Letter Protest to the BLM and incorporates by reference Highland Village's Letter Protest attached hereto as Exhibit (2); the City of Lewisville's Protest and incorporates by reference Lewisville's Letter Protest attached hereto as Exhibit (3); the Town of Flower Mound's Resolution of Protest to the BLM, incorporated herein and attached hereto as Exhibit (4); the Upper Trinity Regional Water District's Protest to the BLM, incorporated herein and attached hereto as Exhibit (5); and the Town of Hickory Creek's Protest to the BLM, incorporated herein and attached hereto as Exhibit (6). Concern 2: Erosion, sedimentation, and other impacts from site runoff. Section 4.3.2 entitled "Soils" of the Environmental Assessment does not list any specific management practices for mitigating site erosion, sediment migration controls, and site runoff. The City of Denton has conducted research on this topic specific to Barnett Shale drilling and production operations under standard operating conditions. This research indicates that gas well pad sites have the potential to negatively impact surface waters due to increased sedimentation rates and an increase in the presence of metals in stormwater runoff, and that pad sites also have the potential to produce other contaminants associated with equipment and general site operations (see Banks, KE and DJ Wachal. United States Environmental Protection Agency, Final Report for Catalog of Federal Domestic Assistance Grant Assistance Number 66.463 Water Quality Cooperative Agreement for Project Entitled "Demonstrating the Impacts of Oil and Gas Exploration on Water Quality and How to Minimize these Impacts Through Targeted Monitoring Activities and Local Ordinances" ID No. CP- 83207101 -1). Many contaminants can adhere to soil and can be transported off the site if good management practices are not imposed. Should the auction proceed over our objections, Denton requests that the lease stipulation for all gas wells accessing the mineral interest in parcels associated with Lewisville Lake should have a mandatory requirement to mitigate impacts from storm flow events by implementing management practices that are at least as stringent as those specified in the Reasonable and Prudent Practices for Stabilization (RAPPS) of Oil and Gas Construction Sites. This stipulation will help reduce degradation of surface water and groundwater quality from non -point source pollution, and will serve to minimize soil losses by erosion. "Dedicated to Qualit y Service" ww,cig,ofdenton.eom Concern 3. Reserve pits and similar uncontained fluids on site. Section 4.3.3 of the Environmental Assessment discusses the potential for petroleum products and other chemicals used during drilling or hydraulic fracturing, if released, to cause surface and groundwater contamination. The section further states that leaks from reserve and evaporation pits could also degrade surface and groundwater quality. The current mitigation requirement of section 4.3.3 is that surface drilling and production sites will require fluid- impermeable containment systems in, under and /or around any tank, pit, drilling cellar, ditches associated with the drilling process, or other equipment that uses or has the potential to leak/spill hazardous and non - hazardous fluids. The intention of this mitigation requirement is to prevent chemicals from penetrating the soil and impacting the aquifer or from moving off-site to a surface water source. However, these requirements do not preclude open pits. Due to the proximity of these activities to a major regional drinking water source, the City of Denton requests that, if BLM pursues leasing this property despite the City of Denton's objections and that of the other North Texas cities, that no open pits be allowed. Closed loop drilling should be required to minimize the potential for contaminating surface or ground water resources. In this respect, BLM is in a position to impose stipulations through conditions in the mineral lease to insure protection of the drinking water for a multitude of cities, and we urge BLM to do so. Concern 4. Risks for inundation and associated site releases and safety concerns. The current stipulations required by the US Corps of Engineers, as specified in BLM Competitive Oil and Gas Lease Sale document, page 45, are a minimum setback of 3000 feet from prime facilities critical to the operation of Lewisville lake, no surface occupancy at the 522 foot National Geodetic Vertical Datum (NGVD) conservation pool elevation of the lake, and no surface occupancy of any lands lying at or below the elevation of the spillway crest elevation of 532 feet NGVD. However, analyses of historical elevations of Lake Lewisville indicates that the daily maximum surface water elevation of the lake has exceeded 532 feet for a total of 109 days since January 6, 1988. The longest consecutive number of days the surface elevation of the lake was above 532 feet was from May 24, 2015 to July 10, 2015, a span of 48 days. There are additional mutually exclusive events where the lake surface elevation exceeded 532 feet for 28 consecutive days, 21 consecutive days, and 12 consecutive days. In summary, past data on lake elevation levels indicates that restricting surface development to only the 532 foot elevation creates a substantial risk for inundation of the surface gas well sites, which could result in surface water contamination and safety risks. To minimize these risks, the City of Denton requests that the "no surface occupancy" stipulation be increased a minimum of 537 feet NGVD, plus an additional 2 feet of freeboard, for the pad site and all associated equipment. Concern 5. F000dplain Protection. The City of Denton is concerned about development of gas well pad sites within floodplain areas without substantial additional safety and protection measures. To protect floodplains and water courses, the City of Denton, at a minimum, requests the ORA -1 Stipulation to be added to Parcel NM- 201604 -44 (Lewisville Lake) for all surface activities involved with the mineral estate. This stipulation should be in addition to the currently stipulated ORA -2 (Wetland /Riparian Buffers protection), WO -ESA -7 (Endangered Species Act) and WHO -NHPA (National Historical Preservation Act Consultation). ORA -1 states: "All or portions of lands under this lease lie in and or adjacent to a major watercourse and are subject to periodic flooding. Surface occupancy of "Dedicated to Quality Service" www.city(rfdeiit:oriii.com these areas will not be allowed without the specific approval, in writing, of the BLM ". This notice informs operators that surface disturbance and /or occupancy of these areas may not be allowed within 200 meters of the outer edge of the floodplain. In sum, the City of Denton asks that the BLM withdraw the Lake Lewisville Property from auction for oil and gas development for the reasons above stated. In the event the BLM declines to withdraw the property from auction, we ask that steps be taken by the BLM to assure the City of Denton that our water supply will not suffer contamination from the drilling activities of oil and gas operations. We acknowledge the BLM has the full responsibility and authority to approve and regulate all surface disturbing and downhole activities associated with oil and gas exploration and development through analysis and approval of the surface use plan of operation component of an Application for Permit to Drill (APD). The BLM also has the authority and responsibility to provide final approval of all APDs including those for operations on federal leases on other surface management agencies lands (U.S. Department of the Interior, Environmental Assessment DOI- BLM-NM- 040 - 2015- 61 -EA, October 2015, p. 4). In conclusion, the City of Denton urges withdrawal of the Lake Lewisville parcel from auction; however, if BLM chooses to proceed, the City requests that BLM use its authority to impose stipulations as herein specified in order to mitigate our concerns. These concerns are intended to protect Lake Lewisville and thus assure the health, safety and general welfare of the City of Denton's residents and businesses. lcsl�c�tl�rll�, f,, Chris Watts Mayor cc: COL Calvin C. Hudson II, District Commander, Fort Worth District Brian S. Kamisato, P.E., Deputy District Engineer Rob Jordan, Lake Manager, Lewisville /Ray Roberts Lakes Senator Jane Nelson Congressman Michael Burgess State Representative Tan Parker State Representative Ron Simmons Tom Taylor, Upper Trinity Regional Water District Jody Puckett, Department Director, City of Dallas Water Utilities Donna Barron, City Manager of Lewisville "Dedicated to Quality Service" www.cityofdenton.comrm Amy Leuders, Director Bureau of Land Management New Mexico State Office 301 Dinosaur Trail Santa Fe, New Mexico 87508 February 9, 2016 Vla fi r (10.5 -954 -20101 and V.S. mall Bureau of Land Management New Mexico Office P.O. Box 27115 Santa Fe, New Mexico 87502 -0115 Re: Dallas Water Utilities' protest pursuant to 43 C.F.R. § 3120.1 -3 of proposed auction by Bureau of Land Management ( "BLM. ") of Parcel NM- 201604 -044 comprising approximately 259 acres in and adjacent to Lewisville Lake, Denton County, Texas (the "Lewisville Lake Property ") Dear Ms. Leuders: I am the Director of Dallas Water Utilities (DWU), a department of the City of Dallas. DWU provides water and wastewater services to about 2.4 million people in Dallas and 27 nearby communities. One of DWU's primary water supply sources is Lewisville Lake in Denton County, Texas. DWU's service area extends to almost all of Denton County either directly or through its wholesale customers. As you may know, the U.S. Army Corps of Engineers ( "Corps ") operates Lewisville Lake to store DWU's water under a 1953 agreement with the City of Dallas. Pursuant to Article 3 of that agreement, the City has a "right to protect its water supply." Although I regularly interact with the Corps and other federal agencies, I only recently discovered that the BLM will be conducting an oil and gas competitive lease sale in Santa Fe, New Mexico on April 20, 2016, which will include the Lewisville Lake Property. See BLM Notice of Competitive Lease Sale, Oil and Gas (January 20, 2016) (the "BLM Notice "). I am concerned that the proposed BLM action will interfere with DWU's mission to serve while protecting the health and safety of Dallas citizens and DWU's wholesale customers. In order to protect the public safety and water supply at Lewisville Lake, DWU hereby requests that the BLM withdraw the Lewisville Lake Property from its April 20, 2016 auction as authorized in the BLM Notice. This is the prudent course of action and consistent with the BLM's authority to "withdraw any and all parcels before the sale begins" See BLM Notice at p. iii. tail gr a uctign at t Lg L w sv 1ILL, ni t, ,mo rtctm s s -a-Alm it"c�,sr t r to ii1" ace watcr quality. Surface water in the area in and around the land proposed to be auctioned flows Our Vision: To be an otficionl provider of superior water and wastewater service and a leader in the water industry 1500 Marilla, 4AN, Dallas, Texas 75201 Telephone: (214) 670.3146 ® Fax: (214) 670 -3154 February 9, 2016 Page 2 of 3 directly to Lewisville Lake. As a result, any spills or releases of oil and gas waste and their hazardous components have the potential to impact the drinking water of Dallas residents and DWU's wholesale customers. These direct impacts from oil and gas activities have not been adequately studied and represent an unacceptable level of risk to DWU. Hydraulic fracturing, a process often used in conjunction with directional drilling to make oil and gas wells productive, and related wastewater disposal is associated with an increased risk of seismicity. The BLM Notice (at 45) includes a stipulation from the Corps that appears to encourage "directional drilling" adjacent to and underneath Lewisville Lake for the proposed lease. In a recent guidance document, the U.S. Environmental Protection Agency ( "EPA ") concluded that proximity of hydraulic fracturing activities to a drinking water resource increases the potential for impacts and that residents and drinking water resources are most likely to be affected by potential impacts. See U.S. EPA's draft "Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources" (June 2015). The potential impacts are both above and below ground, including "water withdrawals in times of, or in area with, low water availability; spills of hydraulic fracturing fluids and produced water; ... below ground migration of liquids and gases; and inadequate treatment and discharge of wastewater." Id. at ES -6. The EPA further noted that in 151 spills from oil and gas production, surface water supplies were contaminated 9% of the time. Id at ES -13. Property under and adjacent to Lewisville Lake is particularly high risk because of its proximity to large drinking water supply. More specifically, the federally required Environmental Assessment ( "EA ") performed by BLM on October 2015 identifies a number of risks to drinking water supplies that would result from the auction sale of the Lewisville Lake Property, including the following: • Increased surface runoff and off -site sedimentation brought about by soil disturbance. • Increased salt loading and water quality impairment of surface waters. • Contamination of surface waters by produced water. EA at 56 -55. The EA further recognizes that "hazardous and/or solid wastes may be used during the development phase," EA at 42, and "exploration/development of the proposed lease could have result in the introduction of hazardous and non - hazardous substances to the site." EA at 66. Because of the environmental risks to surface water supplies resulting from the proposed oil and gas production adjacent to and under Lake Lewisville, DWU requests that the BLM withdraw the Lewisville Lake Property from its April 20, 2016 auction. Rte to the integrity of Lewisville Dam have not been adequately considered, The Corps acknowledged that the Lewisville Dam is "high risk." See USACE Dam Safety Facts for Lewisville Dam (November 2015). The Corps is currently working diligently to address the Lewisville Dam safety issues. Nevertheless, DWU is very concerned about sending the pia m For the reasons listed » #« and t <w» please ?§ ¥«» the Lewisville »» »I << Property from the April 20 ? #}» auction, and contact «r£ the number }ew< if you have any questions or concerns regarding this letter, COL C2 < #> 2. District 2 #» »: < ¥<< Fort Worth District Brian <. «*» \£# f « # <v « < District Engineer Rob Jordan, Lake Manager, Lewisville/Ray Roberts Lakes its � f -• 1 1 Amy Leuders, Director Bureau of _ / Management Mexico New State Office s • Box 27115 • i 1 1 1 1 /', Serrano, First Class Mail Julle Ann Lead Land Law Examiner Mexico Bureau of Land Management Via Fax: (505) 954-2010 and New State Office P.O. Box Mexico Santa Fe, New 87502-011 regular The City Council of the City of Highland Village, Texas met in • on :+ 2016, and took the following affirmative action: "I move to authori;?4 the Mayor to prepare and Moutr on t etialf of the City a letter In protest to the Bureau of Land Manage rnants announced stale of mineral leases for a, 258.9 acrd tract of land adjacent to I- ewlsville twice in Denton County, 're as with copies to the property owner and other appropriate interested parties ". The Highland Village City Council deliberated and received public comment on the proposed Bureau of Land Management (BLM) Gas Lease NM-201604-043. 258.90 Acres Located In Denton County, TX (Lewisville Lake), The following items were identified as the City's interesi in protesting this proposed lease: Lewisville Lake is the City of Highland Village's primary of potable to our residents. The City Council took this affirmative protest action = • concerns about the risks of fracking beneath, Lewisville Lake and the potential contamination of drinking Lewisville Lake dam Is currently undergoing repairs from the May 2015 storms. The %.4orps of Engineers has Identified the following elements that need to be addressed: For the ressons listed above, the City of Highland village hereby subrnits this t t and objection to the proposed auction of s mineral lesse of Parcel NM-201604-04,3, and respectfully requests that said parcel he withdrawn frorn the April 20, 2016 eu t'iora, If you have any rJostlorrs please feel to contact Michael t esvilt, City Manager, City of Highland ill at (97 2) 899 -5131. I.T.M.Mmem N� LEWISVILLE Rm��M 032��� XMISny MM 151 W Church Street ■ PO. Box 299002 • Lewisville, Tem 7S0 ®9002 (V] 972,219,3404 • (F] 972.2193412 wwwAty0flawlsvillo'com "*91 Aldm Amy Leuders, Director Bureau of Land Management Page 2 Both the City of Dallas and the City of Highland Village have submitted letters of protest wi regard to the proposed sale of an oil and gas lease on the Lewisville Lake Property. Lewisvil joins the cities of Dallas and Highland Village and incorporates their reasons for protesting sa oil and gas lease sale on the Lewisville Lake Property. I For the reasons listed above, Lewisville submits this protest to the proposed sale of an oil and gm lease on the Lewisville Lake Property and requests that BLM withdraw the Lewisville La. Property (Parcel NM-201604-043) from the April 20, 2016 auction. If you have any question please contact Donna Barron, City Manager, at (972) 219-3451, 1 Rudy Durham, Mayor City of Lewisville, Texas C: Donna Barron, City Manager Attachments: it of Dallas Letter of protest dated February 9, 2016 City of Highland Village Letter of protest dated February 10, 2016 VO.T7717- M 97L219.3400 97L219.34 10 www,c"flovAMile.com Exhibit 4 TOWN OF FLOWER MOUND, TEXAS RESOLUTION NO. 04-16 RESOLUTION OF THE TOWN OF FLOWER MOUND, TEXAS, PROTESTING THE INCLUSION OF PARCEL NUMBER NM- 201604.043, LOCATED IN DENTON COUNTY, TEXAS AS AVAILABLE FOR COMPETITIVE SALE TO BE USED FOR OIL AND GAS LEASING; DIRECTING THE TOWN ATTORNEY TO SUBMIT THIS PROTEST ON BEHALF OF THE TOWN OF FLOWER MOUND TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Flower Mound is a home rule municipality acting under Its charter adopted by the electorate pursuant to Article XI, Section 6, of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, the US Bureau of Land Management Intends to conduct a competitive sale, to be held on April 20, 2016, to auction certain Federal lands located In Denton County, Texas to be used for oil and gas development; and, WHEREAS, pursuant to Title 43 CFR 3120.1.3, the Town of Flower Mound hereby protests the inclusion of parcel number NM- 201604 -043, composed of 268.90 acres and known as the Lake Lewisville Project, that is listed In the sale notice published by the United States Department of the Interior, Bureau of Land Management; and, WHEREAS, the Town Council of the Town of Flower Mound is an elected body that represents the citizens of the Town whose property rights are greatly affected by the sale of parcel number NM- 201604.043 to be use for oil and gas development; and, WHEREAS, Lewisville Lake is located within the 268.90 acres of parcel number NM- 201604.043; and, WHEREAS, Lewisville Lake serves as the primary source of the Town's public water supply; and, WHEREAS, the Town Council finds that permitting oil and gas operations on parcel number NM- 201604.043 may negatively affect Lewisville Lake and as a result threaten the Town's largest source of water; and, WHEREAS, the Lewisville Dam, which is located within parcel number NM- 201604- 043, is currently undergoing repairs from devastating May 2016 storms and the Corps of Engineers has identified numerous elements that must be addressed as the repairs are carried out, Including certain structural hazards related to the integrity of the Dam; and, WHEREAS, the Town Council finds that all and gas development may further harm the Lewisville Dam and exacerbate the structural hazards identified by the Corps of Engineers and threaten the health, safety, and general welfare of Town citizens; and, RESOLUTION NO. 04-10 c for h., foregoing reasons, the Town Council of the Town of Flower Mound hereby protests the inclusion R arcel number NM-201604-043 as available competitive o be used for oil and g.: development. NOW ♦ BY # COUNCIL OF THE TOW FLOWER MOUND, That the Town of w wer Mound, Texas hereby respectfully requests Texas Bureau of Land Management withdraw parcel number NM-201604-043, located In Denton from parcels for competitive April off, 01 Oil & Gas Competitive That the Town N rney Is hereby directed to file this protest .and Management on before i- 3 COUNCIL 11104 111111�� DULY PASSED AND APPROVED BY THE TOWN OF #i FLOWER MOUND, TEXAS, BY A VOTE OF 5 TO 0. ON THIS 15TH DAY OF FEBRUARI 2016. lit 1 � pp w u �th. TOW TORNEY 1 r, February 12, 2016 Amy Leuders, Director r � Exhibit 5 R0, Drawer 305 . LeM ville, TX 75057 (972) 219 -1225 w Fox (972) 221 -9896 Bureau of b Management Now Mexico Offlco I, 0, Box 27116 RE: Protest by Upper Trinity Regional Water District pursuant to 43 C.F.R. 13120.14 of proposed auction by Bureau of Land Management ( "BLM ") of Parcel NM- 201804-43 comprising approximately 269 acres In and adjacent to Lewisville Lake, Denton County, Texas (the "Lewisville Lake Property ") Dear Ms, Leuders: Upper Trinity Regional Water District (UTRWD) Is not convinced that sufficient precaution Is being taken by BLM to protect the precious water supply In Lewisville Lake, a source that many local communities depend on for assentlal water supplies. The Lake, and especially the Hickory Creek arm of the Lake, Is already under other Make of potential pollution; therefore, a goal of gaining additional revenue may not be sufficient Justification for adding another risk on top of those that already concern communities who depend on Lewisville Lake for their life -source water. Accordingly, we are compelled to protest the planned auction on April 20 of mineral Interest adjacent to and under Lewisville Lake, Upper Trinity Regional Water District Is a regional water system that provides water services for some twenty-five communities In Denton County - - most, with water out of Lewisville Lake. Most of our service area Is within the raw water planning area of Dallas Water Utilities (DWU), and we depend on raw water from Lewisville Lake to fulfill our service obligations. We give this offlclal notice that UTRWD Is in full support of, and joins with, the protest and request dated February 9, 2016, that was filed by Dallas Water Utilitles against the planned auction of the Lewisville Lake Property. Accordingly, like DWU, we request that BLM withdrew the Lewisville Lake Property from the scheduled April 20, 2016, auction. Please contact me at (972) 219 -1228 If you have any questions that 1 may be able to assist with or to provide further Information. 61n erely, Thomas E. Taylor, P.E. Executive Director TETlnka C: COL Calvin C. Hudson II, District Commander, Fort Worth District Brian S. Kamisato, P.E., Deputy District Engineer Rob Jordan, Lake Manager, Lewisville /Ray Roberts Lakes Jo M. (Jody) Puckett, P.E., Director of Dallas Water Utllitles NUT M20mmenlafthis TETBuraau Land Manapsmanl ALauden Itr re ProMd of Audlon 0MI&Dooa A conserva46on and reds atlon dWrict of the State of Texas, Wi(h vision and courage, we plan, , , K#h cooperation and oommlsmen�, we serve. February .15, 2016 Arny Leuders, Director Bureau of Land Management ement New Maxi co State Office 301 Dinosaur TraU Santa t^c, Now Mexican 87508 Q40 615? 21,528 N WW, Bureau of Land Management New Mexico Office R0, Box 27915 Santa Fe, New Mexico 87508 fie® Town of 9ckory Creek, Texas, Protest Pursuant to 43 CY.R § 3120 ®1 -,3 of the Proposed Auction by the t uurcRu of Land Management (B1, M) of Parcel 9 -2t9t6 .- 43g being 258490 Acres Located adjacent to, and under, Levvtsv9tte .Lake in Denton Countya Texas (e tsvttte Lake) Dear Ms. ILeudersa This letter as to express t9ac concern of the Town Council of the Town of Hickory Creek, TX related to review of the EnAronmental Assessment (EA) perfonned by the BLM identifies uaurnerous risks to drinking water suppCies that wood .result from the proposed auction of the Lewisville Lake property, The most 0 Increased surface runoff and off-site sedimentation brought about by soU disturbance, rity-closp, lakeside living! Ws� I V Oiwu In Ayr, 11 lha goply IX '159'`dW, 940 49), V41011fl� 9 Increased sah loading Rnd water quality impairment of surface water and 0 Contamination of surfiace water by produced water, Considering that these cnvh,onmenW risks (aWe) to surface water supplies could result froon the auction or lands adjacent to LeMsviHe Lako, it scorns to be in the public interest of local communities for .BLM not to go rorward with this proposed action, Accordingly, the Town of Hickory Creek, through a vote taken by Its Town Council, fon-naHy requests Should you have any questions, please give me a call at 940-497-2528 Sincerely,, '14AA, Lyn C, Clark Mayor, Town of Hickory Creek C: COL Calvin C. Hudson ➢1, District Commander, Fort Worth District, USACE Rob Jordan, Lake l" win Lowlsville/Ray Roberts Lakes Thomas La Taylor, Executive I-Arector, UTRWD 0 . �y-close, lakeside living!