Control Number : 42063 Item Number: 220 Addendum StartPage: 0 SOAH DOCKET NO. 473-14-1903 PUC DOCKET NO. 42063 APPLICATION OF SHARYLAND UTILITIES, L.P. TO AMEND ITS CERTIFICATEOF CONVENIENCE AND NECESSITY FOR THE PROPOSED ANTELOPE-ELK ENERGY CENTER TO WHITE RIVER 345-KV TRANSMISSION LINE IN HALE AND FLOYD COUNTIES § § BEFORE THE STATE OFFICE ,... § § , ^^ OF § § ADMINISTRATIVE HEARINGS DIRECT TESTIMONY OF THOMAS LEE MUSSER ON BEHALF OF INTERVENORS NICKELS FAMILY, LP AND DON W. NICKELS Intervenors Nickels Family, LP ("Nickels Family") and Don W. Nickels file this Direct Testimony of their expert, Thomas Lee Musser which is hereto attached. Intervenors and Thomas Lee Musser stipulate that this Direct Testimony can be treated by all parties as if the answers were filed under oath. Respectfully submitted, BRAUN & GRESHAM, PLLC P.O. Box 1148 (Mailing) Dripping Springs, Texas 78620 14101 Hwy. 290 W., Suite 1100B (Physical) Austin, Texas 78737 512-894-5426 (telephone) 512-894-3405 (fax) ZZO .. atrick L. Reznik State Bar No. 16806780 Cassie Gresham State Bar No. 24045980 ATTORNEYS FOR NICKELS FAMILY LP AND DON W. NICKELS CERTIFICATE OF SERVICE I certify that a copy of this document will be served on a p rties of record on April 2014, in accordance with Public Utility C ission Proce al ule 22.74. Patrick L. Reznik Cassie Gresham Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 2 of 22 TABLE OF CONTENTS 1. POSITION AND QUALIFICATIONS ............................................................................. 4 II. PURPOSE AND SCOPE OF TESTIMONY ..................................................................... 5 III. ANALYSIS AND METHODOLOGY .............................................................................. 6 IV. RESULTS AND RECOMMENDATIONS ........ ............................................................... 8 V. CONCLUSION ................................................................................................................ 12 EXHIBITS EXHIBIT A: REPORT OF THOMAS LEE MUSSER .............................................. 13 EXHIBIT A-1: THOMAS LEE MUSSER CIRRICULUM VITAE ................................ 19 EXHIBIT B: MAP OF NUMBERED ARCHAEOLOGICAL SITES ............................ 22 Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 3 of 22 I. POSITION AND QUALIFICATIONS QUESTION 1: PLEASE STATE YOUR NAME, CURRENT BUSINESS ADDRESS AND CURRENT EMPLOYMENT POSITION. ANSWER: My name is Thomas Lee Musser. My business address is 5605 Eighth Street, Lubbock, Texas 79416. I am currently self-employed as an Independent Geologist and Energy Consultant. QUESTION 2: ANSWER: WHAT IS YOUR ROLE IN THIS CASE? I have been engaged as a testifying expert for Nickels Family, LP ("Nickels Family") and Don W. Nickels in this case. QUESTION 3: RETAINED? WHAT IS THE SCOPE OF WORK FOR WHICH YOU WERE ANSWER: I was asked to evaluate Alternate Routes 18 and 20, specifically Link 9, of Sharyland's proposed Antelope-Elk Energy Center to White River 345-kV transmission line from a historical and archaeological standpoint to aid in the identification of whether its selection is best in light of the existing research and data on the Blanco Canyon in particular. QUESTION 4: WHAT IS YOUR EDUCATIONAL BACKGROUND? ANSWER: I received my Bachelor of Science degree in geology from West Texas State University in 1980. QUESTION 5: EXPERIENCE? ANSWER: WHAT ARE YOUR PROFESSIONAL QUALIFICATIONS AND From 1980 through 1992 I was a geologist and safety officer with the Lubbock District 8A, Oil and Gas Division, Railroad Commission of Texas. From 1992 through the present I have been an independent geologist and energy consultant. Additionally, from 2000 through the present I have been providing volunteer geological and energy consultant services to Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 4 of 22 the Floyd County Historical Museum. My professional qualifications are detailed in my CV, a true and correct copy of which is attached as Exhibit A-1 to my report, which is attached as an exhibit to this testimony. QUESTION 6: WHAT KIND OF WORK HAVE YOU DONE TO QUALIFY YOU FOR YOUR ANALYSIS AND COMPILATION? ANSWER: I have provided volunteer geological and energy consultant services to the Floyd County Historical Museum for fourteen years. These services include: (1) inventorying, cataloging, and cleaning the museum map collection; (2) researching and compiling the historic oil and gas well information of thirteen counties of the Palo Duro Basin; (3) maintaining the files of the Floyd County Historical Museum Oil and Gas Interest; (4) answering all energy related questions directed to the Floyd County Historical Museum; (5) assisting Floyd, Motley and Briscoe County Citizens with their energy research and with their oil and gas, water resources, uranium, and wind energy questions; and (6) providing maps, mapping information, and field work with the Sam Watts Expedition of the Indian Knoll Ranch and surrounding surveys in regard to the research of the exact battle site of the 10 October 1871 Battle of Blanco Canyon. QUESTION 7: HAVE YOU EVER TESTIFIED IN A PUBLIC UTILITY COMMISSION ("PUC" OR "COMMISSION") PROCEEDING? ANSWER: Yes, in SOAH Docket No. 473-11-5978 and PUC Docket No. 38877. Southwestern Public Service Company proposed a transmission line to cross the Nickels Family property and I testified as an expert on behalf of the Nickels Family and Plains Baptist Assembly in that case. II. PURPOSE AND SCOPE OF TESTIMONY QUESTION 8: WHAT IS THE PURPOSE OF YOUR TESTIMONY? ANSWER: The purpose of my testimony in this proceeding is to describe the review done by me to determine whether Sharyland's Alternate Routes 18 and 20, in particular Link 9, of Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 5 of 22 Sharyland's proposed Antelope-Elk Energy Center to White River 345-kV transmission line is a viable route from a historical and archeological perspective. III. ANALYSIS AND METHODOLOGY QUESTION 9: DID YOU CONDUCT THE REVIEW COMPILATION FOR WHICH YOU WERE ENGAGED IN THIS CASE? ANSWER: Yes. QUESTION 10: IS THE REPORT LABELED "EXHIBIT ACCURATE COPY OF THE REPORT YOU PREPARED? ANSWER: Yes. QUESTION 11: EXHIBIT A? ANSWER: A" A TRUE AND WHAT DO YOU CONCLUDE IN THE REPORT ATTACHED AS Alternate Routes 18 and 20, specifically Link 9, should not be selected due to the historical significance of Blanco Canyon, Floyd County Texas. QUESTION 12: CONCLUSIONS? WHAT RESOURCES DID YOU USE IN REACHING YOUR ANSWER: I reviewed the resources included in my report, attached as Exhibit A, and listed in the "Reference" section of that report. In particular, the information in this Report was researched and supplied by individuals knowledgeable about the archaeology and history of Blanco Canyon, including the following: • • • • • • • Mr. Rick Day, Andrews Texas, Steward Texas Archeological Society; Mrs. Nancy J. Marble, South Plains Texas, Member Board of Directors Floyd County Historical Museum; Miss Janet Milam, Floydada Texas, Researcher Floyd County Historical Museum; Mr. Cecil Pope, Floydada Texas, Cowboy for Q. D. Williams Ranch, Blanco Canyon; Mrs. Marisue Potts, Mott Creek Ranch Texas, Steward Texas Archeological Society; Mr. Rolla Shaller, Amarillo Texas, Steward Texas Archeological Society; and Mr. Sam Watts, Granbury Texas, Leading Authority on the 1871 Battle of Blanco Canyon. Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 6 of 22 QUESTION 13: CONCLUSIONS? DID YOU USE ANY OTHER RESOURCES IN REACHING YOUR ANSWER: Yes, in addition, the materials in the following records and collections were researched for my Report in reaching my conclusions: • • • • • • • • • Floyd County Hesperian Newspaper Archives; Floyd County Historical Museum Files; Floyd County Historical Museum Map Collection; Texas Archeological Atlas; Texas General Land Office Land Grant Records; Texas Tech University Library; Texas Tech University Southwest Collection Manuscript Collection; Texas Tech University Thesis Collection; and United States Geological Survey Topographic Maps. QUESTION 14: CONCLUSIONS? WHAT METHODOLOGY DID YOU USE IN REACHING YOUR ANSWER: My previous personal knowledge of Blanco Canyon, interviewing local historians and archaeologists, researching published archaeological and historical reports, and plotting archaeological and historic sites on maps. I had previous knowledge of the general history of Blanco Canyon Floyd County from my work with the Floyd County Historical Museum, from my reading of "The Early History of Floyd County" by Claude V. Hall, and from working with Mr. Sam Watts on his research and field expedition of Blanco Canyon. I added to this general knowledge by interviewing local historians and local citizens such as Mrs. Nancy Marble, Mrs. Marisue Potts, Mr. Cecil Pope, and Mr. Rick Day. I reviewed the published archaeological reports on Blanco Canyon sits by James H. Word and by the Texas Archaeological Society. I conducted additional research on the archaeology and history of Blanco Canyon Floyd County using the resources of the Texas Tech Library, the Southwest Collection/Special Collections Library, the Texas Archaeological Atlas, the Texas General Land Office and the Floyd County Historical Museum Map Collection. After compiling all of this information and research, I plotted the locations of the archaeological and historical sites located within and along the rim of the northern end of Blanco Canyon. (See Exhibit B). Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 7 of 22 QUESTION 15: IS THE METHODOLOGY YOU USED COMMONLY USED IN YOUR FIELD TOWARDS THE PERFORMANCE OF ASSESSMENTS OF THIS KIND? ANSWER: Yes. IV. RESULTS AND RECOMMENDATIONS QUESTION 16: HOW MANY KNOWN HISTORICAL AND ARCHAEOLOGICAL SITES DID YOU IDENTIFY ALONG LINK 9? ANSWER: At least seven (7). QUESTION 17: ANSWER: B). PLEASE LIST THE SEVEN (7) SITES YOU IDENTIFIED? The seven known historic and archaeological sites along Link 9 are: (See Exhibit 1: 1982 Gulf Oil Corporation J. S. Hale, Jr. Well #1 2: 2500 BC to 1 AD Late Archaic Jay Hale Site (41FL32) 3: 1884 A. B. Duncan Homestead Survey 4: 1947-1948 Standard Oil Company of Texas Leota M. Daniel Well #1 5: 1884-1890 A. B. Duncan Dugout 6: 1000 AD to 1450 AD Late Prehistoric Burial Site (41FL61) 7: 1871 Area of Battle of Blanco Canyon QUESTION 18: WHY ARE THERE SO MANY HISTORIC AND ARCHAEOLOGICAL SITES IN RELATION TO LINK 9? ANSWER: As a canyon area possessing water, trees, animal life, and shelter from the winds, Blanco Canyon has been a desired camping and living area for peoples since the late CeramicProtohistoric Age. QUESTION 19: WHO ARE SOME OF THESE PEOPLES AND THE YEARS THEY ARE KNOWN TO HAVE LIVED IN BLANCO CANYON? ANSWER: Peoples known to have camped and lived in Blanco Canyon include the Palo Duro Complex of the AD 1000 Period; the Garza Complex of the AD 1450 Period; the Francisco Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 8 of 22 Vazquez de Coronado Expedition of 1540-1542; the Apache Peoples of 1550 thru 1700; the Quahada Comanches of 1700 thru 1871; the United States Army 4th Cavalry of 1871-1874; the Pastores of 1875 thru early 1880s; the Buffalo Hunters of 1877; the Ranchers of 1882 through the present; and the early settlers of 1884 through 1900. That's a long history and many peoples, but I'm sure there are peoples who lived and camped there that have yet to be discovered and identified. QUESTION 20: CAN YOU GIVE THE APPROXIMATE LOCATION OF THESE SEVEN (7) HISTORIC AND ARCHAEOLOGICAL SITES IN RELATION TO LINK 9? ANSWER: Yes. QUESTION 21: WHAT IS THE LOCATION FOR EACH OF THE SEVEN (7) HISTORIC AND ARCHAEOLOGICAL SITES ALONG LINK 9 AND WHAT ARE YOUR SOURCES? ANSWER: 1. The Gulf Oil Corporation J. S. Hale, Jr. Lease Well #1 dry hole is located 467 feet from the South Line and 850 feet from the East Line of the C. P. Huckabay 274 Survey, Abstract-2389, approximately 467 feet North of the Proposed Sharyland Utilities Link 9. The J. S. Hale, Jr. Well #1 was Spudded on 17 September 1982 and Drilling was Completed on 22 October 1982. The Total Depth of the well bore is 7300 feet. The J. S. Hale, Jr. Well #1 was Plugged and Abandoned as a Dry Hole on 25 October 1982. My sources are: Thomas Lee Musser, Floyd County Texas Oil and Gas Information. 2. The Jay Hale Site (41FL32) of Late Archaic Age is located at the Southwest Corner of A. B. Duncan Survey, Abstract-518. Sharyland Utilities Link 9 is drawn Directly Over the Jay Hale Archaeological Site. Mr. James H. Word Investigated this Site in 1971. The Jay Hale Site contained Corner-notched Dart Points, End and Side Scrapers, Hearth Stones, and Animal Bones. My sources are: Texas Historical Commission: Texas Archaeological Atlas; Rick Day: Correspondence. 3. Sheep and Cattle were held on the "Open Range Ranches" of the H Bar L Cattle Ranch, and of the Owens, Marceilles, and Duncan Sheep Operations which included the Area of the A. B. Duncan Survey, Abstract-518 from 1882 thru 1887. In June 1884 the Arthur B. Duncan Family moved to an Old Sheepherder's Dugout within Blanco Canyon. On 29 July 1884 Arthur B. Duncan Filed on 160 acres within Blanco Canyon with the Donley Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 9 of 22 Land District. This 160 acres was South of the A. K. Latham Survey, Abstract-519, and North of the TW&NG RR Co. Survey, Section 24, Abstract-1578. On 20 July 1885 this 160 acres was First Surveyed by Donley Land District Surveyor T. S. McClelland as the Arthur B. Duncan Homestead Survey. Sharyland Utilities Link 9 is drawn along the Southern boundary of the A. B. Duncan Homestead Survey. My sources are: Texas General Land Office: Floyd County Survey Records; Mrs. Arthur B. Duncan: Recollections of a Pioneer Mother; The Early History of Floyd County; History of Floyd County 1876-1979. 4. The Standard Oil Company of Texas Leota M. Daniel Lease Well #lis located 660 feet from the North Line and 810 feet from the East Line of the A. B. Duncan Survey, Abstract-518, approximately 1980 feet North of the Proposed Sharyland Utilities Link 9. The Leota M. Daniel Well #1 was Spudded 29 September 1947 and Drilling was Completed 04 January 1948. The Total Depth of the well bore is 7001 feet. There was Porosity and Oil Stains in the Zone of 5370-5392 and a Slight Gas Reading in the Zone of 6637-6658. The Leota M. Daniel Well #1 was Plugged and Abandoned on 05 January 1948. My sources are: Thomas Lee Musser: Floyd County Oil and Gas Information. 5. The Arthur B. Duncan Family Dugout Site is located approximately 1320 feet from the South Line and 1000 feet from the East Line of the A. B. Duncan Homestead Survey, Abstract-518, approximately 1320 feet North of the Proposed Sharyland Utilities Link 9. In 1884 the Arthur B. Duncan Family moved into an Old Sheepherder's Dugout in Blanco Canyon. The Arthur B. Duncan Family is Credited as the "First Permanent White Settlers" to live within Blanco Canyon and within Floyd County. The Duncan Family lived in this Dugout from 1884 until 1890 when Arthur B. Duncan was Elected the First County Judge of Floyd County, and the Duncan Family moved to Floydada. In 1886 the Duncan's daughter Maud was born in the Dugout. Maud (Duncan) Hollums is listed as the "First White Girl" born in Floyd County. My sources are: Mrs. Arthur B. Duncan: Recollections of a Pioneer Mother; The Early History of Floyd County; History of Floyd County 1876-1979. 6. The Late Pre-Historic Burial Site (41FL61) is located approximately 990 feet from the South Line and 467 feet from the East Line of A. B. Duncan Survey, Abstract-518, approximately 990 feet North of the Proposed Sharyland Utilities Link 9. This Late PreHistoric Burial Site is believed to be from the Time Frame of 1000 AD to 1450 AD. Mr. Jimmy Owens Investigated this Site at an Unknown Time and later Mr. James H. Word Investigated this Site during 1981. This Burial Site contained Skull Fragments, Cervical Vertebrae, Ribs, and portions of Humerous and Phalanges. This Burial Site also contained Sandstone Abraders, a Bone Awl of split bone, a Bois d'Arc Bow, and a Washita Point. Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 10 of 22 My sources are: Texas State Historical Commission: Texas Archaeological Atlas. 7. Research and Field Expeditions of the 10 October 1871 Battle of Blanco Canyon between the Quahada Comanches and the United State Army 40' Cavalry under the Command of Colonel Ranald Slidell Mackenzie has been ongoing since 2009 in the Area of the A. K. Latham Survey Abstract-519, the A. B. Duncan Survey Abstract-518, the J. A. Burress Survey Abstract-1261, the TW&NG RR C. Survey Section 24, and the J. V. Massey Survey Section 25. The Proposed Sharyland Utilities Link 9 Splits these Surveys, Running along the South of the A. B. Duncan and J. A. Burress Surveys, and Running along the North of Section 24 and Section 25. My sources are: Sam Watts Research and Expeditions to Blanco Canyon; Sam Watts: Presentations, Correspondence and Interviews; Thomas Lee Musser: Research and Field Work with Sam Watts Expeditions to Blanco Canyon. QUESTION 22: ANSWER: HAS THE KNOLL OR BUTTE GONE BY SEVERAL NAMES? Yes, throughout the historical record the knoll or butte in the A. K. Latham Survey, Abstract-519, has been known by several names. Early-on the knoll was known as Round Mountain and Indian Mountain. In 1876 Charles Tasker, Lord Jamison, Judge John Schimerhorn, and three other men traveled to Blanco Canyon prospecting for a site for the Tasker-Jamison Ranch, which was later headquartered at Mount Blanco, Crosby County. On this 1876 trip the knoll was named Schimerhorn Mountain by these six men in honor of Judge John Schimerhom. Later-on during the time of the early settlers and the first land surveys the knoll was again called Round Mountain. The current landowners and area ranchers refer to the knoll as Indian Knoll or Indian Butte. The original survey for the A. K. Latham homestead was conducted on 12 September 1885 by T. S. McClelland, Donley Land District Surveyor. My sources are: The Early History of Floyd County; and Texas General Land Office: Floyd County Survey Records QUESTION 23: DO YOU HAVE ANY PARTICULAR CONCERNS ABOUT SHARYLAND'S LINK 9? ANSWER: Yes, this area has significant historical and archeological value because of the Blanco Canyon. Selecting Routes 18 and 20 and using Links 9 would have irreparable harm to the historical and archeological value of the Blanco Canyon. Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 11 of 22 VI. CONCLUSION QUESTION 24: HOW WOULD YOU SUMMARIZE YOUR POSITION IN THIS PROCEEDING REGARDING SHARYLAND'S LINK 9? ANSWER: I, on behalf of Intervenors Nickels Family and Don W. Nickels, have identified that Link 9 should not be selected because of the historical and archeological significance of Blanco Canyon, Floyd County, Texas. QUESTION 25: ANSWER: DOES THIS CONCLUDE YOUR TESTIMONY? Yes. Direct Testimony of Thomas Lee Musser SOAH DOCKET NO. 473-14-1903, PUC DOCKET NO. 42063 Page 12 of 22 Arguments Based on the Historical Significance of Blanco Canyon Against the Selection of Link 9 Sharyland Utilities 345 kV Electric Transmission Line Antelope-Elk Energy Center to White River Substation Sharyland Utilities has Submitted a Certificate of Convenience and Necessity to the Texas Public Utilities Commission under PUC Docket #42063for the Proposed 345 kV Electric Transmission Line Interconnection between the Antelope-Elk Energy Center Hale County Texas and the White River Substation Floyd County Texas. The Sharyland Utilities Certificate of Convenience and Necessary includes a Best Route and Twenty Alternative Routes. Alternative Routes 18 and 20 use Link 9 which is drawn West-East through the Northern Part of Blanco Canyon. It is Requested that Alternative Routes Using Link 9 NOT be Selected due to the Historical Significance of Blanco Canyon, Floyd County Texas. As a Canyon Area possessing Water, Trees, Animal Life and Shelter from the Winds, Blanco Canyon has been a desired Camping and Living Area for Peoples since the Late Ceramic-Protohistoric Age. Peoples known to have Camped and Lived in Blanco Canyon include the Palo Duro Complex of the AD 1000 Period, the Garza Complex of the AD 1450 Period, the Francisco Vazquez de Coronado Expedition of 1540-1542, the Apache Peoples of 1550 thru 1700, the Quahada Comanches of 1700 thru 1871, the United States Army 4'b Cavalry of 1871-1874, the Pastores of 1875 thru Early 1880s, the Buffalo Hunters of 1877, the Ranchers of 1882 through the Present, and the Early Settlers of 1884 through 1900. In Relation to the 255.81 acres of the Nickels Family LP Land the known Historic and Archaeological Sites along the Proposed Sharyland Utilities Link 9 are: 1: 1982 Gulf Oil Corporation J. S. Hale, Jr. Well #1 2: 2500 BC to I AD Late Archaic Jay Hale Site (41FL32) 3: 1884 A. B. Duncan Homestead Survey 4: 1947-1948 Standard Oil Company of Texas Leota M. Daniel. Well #1 5: 1884-1890 A. B. Duncan Dugout 6: 1000 AD to 1450 AD Late Prehistoric Burial Site (41 FL61) 7: 1871 Area of Battle of Blanco Canyon SOAR Docket No. 473-14-1903 PUC Docket No.42063 Page 13 of 22 The Gulf Oil Corporation J. S. Hale, Jr. Lease Well #I dry hole is located 467 feet from the South Line and 850 feet from the East Line of the C. P. Huckabay 274 Survey, Abstract-2389, approximately 467 feet North of the Proposed Sharyland Utilities Link 9. The J. S. Hale, Jr. Well #1 was Spudded on 17 September 1982 and Drilling was Completed on 22 October 1982. The Total Depth of the well bore is 7300 feet. The J. S. Hale, Jr. Well #1 was Plugged and Abandoned as a Dry Hole on 25 October 1982. 1) Thomas Lee Musser Floyd County Texas Oil and Gas Information The Jay Hale Site (43.FL32) of late Archaic Age is located at the Southwest Corner of A. B. Duncan Survey, Abstract-518. Sharyland Utilities Link 9 is drawn Directly Over the Jay Hale Archaeological Site. Mr. James H. Word Investigated this Site in 1971. The Jay Hale Site contained Corner-notched Dart Points, End and Side Scrapers, Hearth Stones, and Ar ►imal Bones. 2) 3) Texas Historical Commission: Texas Archaeological Atlas Rick Day: Correspondence Sheep and Cattle were held on the "Open Range Ranches" of the H Bar L Cattle Ranch, and of the Owens, Marceilles, and Duncan Sheep Operations which included the Area of the A. B. Duncan Survey, Abstract-518 from 1882 thru 1887. In June 1884 the Arthur B. Duncan Family moved to an Old Sheepherder's Dugout within Blanco Canyon. On 29 July 1884 Arthur B. Duncan Filed on 160 acres within Blanco Canyon with the Donley Land District. This 160 acres was South of the A. K. Latham Survey, Abstract 519, and North of the TW&NG RR Co. Survey, Section 24, Abstract-1578. On 20 Jhly 1885 this 160 acres was First Surveyed by Donley Land District Surveyor T. S. McClelland as the Arthur B. Duncan Homestead Survey. Sharyland Utilities Link 9 is drawn along the Southern boundary of the A. B. Duncan Homestead Survey. 4) 5) 6) Texas General Land Office. Floyd County Survey Records Mrs. Arthur B. Duncan Recollections of a Pioneer Mother The Early History of Floyd County 7) History ofFloyd County 1876-1979 The Standard Oil Company of Texas Leota M. Daniel Lease Well #I is located 660 feet from the North Line and 810 feet from the East Line of the A. B. Duncan Survey, Abstract-518, approximately 1980 feet North of the Proposed Shatyland Utilities Link 9. The Leota M. Daniel Well #1 was Spudded 29 September 1947 and Drilling was Completed 04 January 1948. The Total Depth of the well bore is 7001 feet. There was Porosity and Oil Stains in the Zone of 5370-5392 and a Slight Gas Reading in the Zone of 6637-6658. The Leota M. Daniel Well #1 was Plugged and Abandoned on 05 January 1948. 8) Thomas Lee Musser: Floyd County Oil and Gas Information The Arthur B. Duncan Family Dugout Site is located approximately 1.320 feet from the South Line and 1000 feet from the East Line of the A. B. Duncan Homestead Survey, Abstract-518, approximately 1320 feet North of the Proposed Sharyland Utilities Link 9. In 1884 the Arthur B. Duncan Family moved into an Old Sheepherder's Dugout in Blanco Canyon. The Arthur B. Duncan Family is Credited as the "First Permanent White Settlers" to live within Blanco Canyon and within Floyd County. The Duncan Family lived in this Dugout from 1884 until 1890 when Arthur B. Duncan was Elected the First County Judge of Floyd County, and the Duncan Family moved to Floydada. In 1886 the Duncan's daughter Maud was born in the Dugout. Maud (Duncan) Hollums is listed as the "First White Girl" born in Floyd County. 9) Mn. Arthur B. Duncan: Recollections of a Pioneer Mother 10) The Early History of Floyd County 11) History of Floyd County 1876-1979 SOAH Docket No. 473-14-1903 PUC Docket No.42063 Page 14 of 22 The Late Pre-Historic Burial Site (41 FL61) is located approximately 990 feet from the South Line and 467 feet from the East Line of A. B. Duncan Survey, Abstract 518, approximately 990 feet North of the Proposed Sharyland Utilities Link 9. This Late Pre-Historic Burial Site is believed to be from the Time Frame of 1000 AD to 1450 AD. Mr. Jimmy Owens Investigated this Site at an Unknown Time and later Mr. James H. Word Investigated this Site during 1981. This Burial Site contained Skull Fragments, Cervical Vertebrae, Ribs, and portions of Humerous and Phalanges. This Burial Site also contained Sandstone Abraders, a Bone Awl of split bone, a Bois d'Arc Bow, and a Washita Point. 12) Texas State Historical Commission: Texas Archaeological Atlas Research and Field Expeditions of the 10 October 1871 Battle of Blanco Canyon between the Quahada Comanches and the United State Army 4s' Cavalry under the Command of Colonel Ranald Slidell Mackenzie has been ongoing since 2009 in the Area of the A. K. Latham Survey Abstract-519, the A. B. Duncan Survey Abstract-518, the J. A. Burress Survey Abstract-1 261, the TW&NG RR C. Survey Section 24, and the J. V. Massey Survey Section 25. The Proposed Sharyland Utilities Link 9 Splits these Surveys, Running along the South of the A. B. Duncan and J. A. Burress Surveys, and Running along the North of Section 24 and Section 25. 13) Sam Watts Research and Expeditions to Blanco Canyon 14) Sam Watts: Presentations, Correspondence and Interviews 15) Thomas Lee Musser: Research and Field Work with Sam Watts Expeditions to Blanco Canyon It is Requested that Sharyland Utilities Alternative Routes using Link 9 NOT be Selected due to the Historical Significance of Blanco Canyon, Floyd County Texas. SOAH Docket No. 473-14-1903 PUC Docket No.42063 Page 15 of 22 References Carlson, Dr. Paul H., Retired Texas Tech University History Professor and History Author Deep Time and the Texas High Plains: History and Geology 2005. Crosby County Historical Commission A History of Crosby County 1876-1977 Indian Cultures on the South Plains, page 5 thru 8 by Wayne Parker, Crosby County Avocational Archaeologist and Historian. Day, Rick; Texas Archeological society Steward Correspondence concerning Blanco Canyon History and Floyd County Archaeological Sites July 2011 and December 2013. Duncan, Arthur B.; First Homestead Settler in Blanco Canyon, 1884 thru 1900 First Floyd County Judge, 1890 thni 1905 and 1912 thru 1913 The Arthur B. Duncan Papers, Box 31 Manuscript Collection, Southwest Collection, Texas Tech University. Duncan, Mrs. Arthur B. (Sarah K. Day); First Homestead Settler in Blanco Canyon. 1884 thru 1900 Recollections of A Pioneer Mother, page I thru 15 WPA: American Life Histories: Manuscript from the Federal Writers' Project 1936-1940 transcribed by Delise McGuire, 22 July 1936. Floyd County History Book Committee History of Floyd County 1876-1979. Hall, Claude V.; East Texas State Teachers College, Professor of History, ] 922 thru 1944 The Early History of Floyd County Panhandle-Plains Historical Review, Volume XX 1947. Holmes, Alma N. Favorite Stories about Floyd County Chapter II: First White Settlers of Floyd County - 1884 1973. Marble, Nancy J.; Floyd County Historical Museum, Board Member Interviews and Correspondence concerning Blanco Canyon History and Floyd County Archaeological Sites. June and July 2011. SOAH Docket No. 473-14-1903 PUC Docket No.42063 Page 16 of 22 Milam, Janet; Floyd County Historical Museum, Board Member Floyd County Historical Museum, Researcher Interview concerning Floyd County Archaeological Sites 17 June 2011. Musser, Thomas Lee; Staff Geologist to the Floyd County Historical Museum Oil and Gas Files, Floyd County Historical Museum 1999 to Present. Musser, Thomas Lee; Staff Geologist to the Floyd County Historical Museum Report on the Archaeological and Historical Sites within the Northern End of Blanco Canyon, Floyd County for the Don Nickels Family LP and the Plains Baptist Assembly in regard to the Proposed SPS Tuco Station Woodward Station electric Transmission Line Alternative Route 15, Segments H and J, Texas SOAH Docket 473-11-5978 PUC Docket #38877 2011. Pope, Cecil; Cowboy for Q. D. Williams Ranch, Blanco Canyon Interview concerning Numerous Indian Burial Sites within Blanco Canyon 09 June 2009 and 20 July 2011. Potts, Marisue; West Texas Historical Association, President Motley County Historical Museum, Board Member Motley County Texas Historian Interviews and Correspondence concerning Floyd County Archaeological Sites 01 July 201 1 and 12 July 2011. Sharyland Utilities Filings with the Texas Public Utilities Commission, PUC Docket #42063 December 2013. Southwestern Public Service Company Filings with the Texas Public Utilities Commission, PUC Docket #3 8877 Certificate of Convenience and Necessary 2011. Texas General Land Office Land Grant Search A.K. Latham Survey, Abstract-5 19 File F. J. Latham Survey, Abstract-520 File Arthur B. Duncan Survey, Abstract: 518 File C. P. Huckabay Survey, Abstract-2389 file J. A. Burress Survey, Abstract-1261 File TW&NG RR Co. Survey, Section 24, Abstract 1578 File J. V. Massey Survey, Section 25, Abstract 252 File July 2011 and December 2013. SOAH Docket No. 473-14-1903 PUC Docket No.42063 Page 17 of 22 Texas Historical Commission Floyd County Archaeological Sites 41FL32: Late Archaic Jay Hale Site 41 FL6 1: Late Pre-Historic Burial Site July 2011 and December 2013. United States Geological Survey Floydada Texas 7.5 Minute Quadrangle Topographic Map 1981. United States Geological Survey Floydada Southeast Texas 7.5 Minute Quadrangle Topographic Map 1965. Watts, Sam; Avocational Historian and Researcher Leading Authority on the Battle of Blanco Canyon Battle of Blanco Canyon 2009 thru 2103. Watts, Sam; Avocational Historian and Researcher Leading Authority on the Battle of Blanco Canyon Correspondence concerning Blanco Canyon History and Floyd County Archaeological Sites Word, James H.; Floyd County Texas, Avocational Archaeologist Texas Archaeological Society, Life Member and Officer The Jay Hale Site 41FL32 1971. Word, James H; Floyd County Texas, Avocational Archaeologist Texas Archaeological Society, Life Member and Officer The Late Pre-Historical Burial Site 41FL61 1981. SOAR Docket No. 473-14-1903 PUC Docket No.42063 Page 18 of 22 Thomas Lee Musser 5605 8th Street Lubbock, Texas 79416 (806) 792-0134 tommusser@ att.net Education: West Texas State University Bachelor of Science in Geology, 1980 Experience: 1980 - 1992 Geologist and Safety Officer Railroad Commission of Texas, Oil and Gas Division, Lubbock District 8A 1992 - Present Independent Geologist and Energy Consultant 2000 - Present Serves as Volunteer Geologist and Energy Consultant to Floyd County Historical Museum Contributed to the Research, and Compiled the Report on the Archaeological and Historical Sites within the Northern End of Blanco Canyon, Floyd County for the Don Nickels Family, LP, and the Plains Baptist Assembly in regard to the Proposed SPS Tuco Station to Woodward Station Electric Transmission Line Alternative Route 15, Segments H and J. Researched and Compiled for the Floyd County Historical Museum the Historic and Current Oil and Gas Exploration and Production Information, and Uranium Test Hole Information in Armstrong, Bailey, Briscoe, Castro, Childress, Deaf Smith, Floyd, Hale, Hall, Motley, Parmer, Randall, and Swisher Counties of the Palo Duro Basin, including detailed Information on each of the 1,007 wells drilled for Oil and Gas, including yearly updates. Maintain the Oil and Gas Files for the Floyd County Historical Museum Interests on the Five Miller Leases, Borden County. Maintain the Oil and Gas Files for the Floyd County Historical Museum Interests on the Mathews Property - W W W Ramsey Unit, Ward County. Researched and Compiled Historic and Current Motley County Oil and Gas Exploration and Production Information for the Motley County Historical Museum, including yearly updates. Researched the History of the Famous 1919-1920 Texas Chief Oil Company McMullen Lease Well #l, Northwest Extension, Burk-Waggoner Pool, Burkburnett Oil Field, Wichita County for the Motley County Historical Museum. This was the First Oil Well several Motley County Citizens Invested-In. Researched and Compiled Historic and Current Hale County Oil and Gas Exploration and Production Information for Richard Porter, Oil Editor Plainview Daily Herald, Hale County. Research and Prepare Palo Duro Basin Oil and Gas Updates to be Published in the Floyd Cow Hesperian-Beacon, in the Motley County Tribune, formerly in the Valley^ irregularly in the Plainview Daily Herald. SOAH Docket No. 473-14-1903 PUC Docket No.42063 Page 19 of 22 F Provided Information to James R. Norman, Senior Writer, Platts OilGram News, New York City on Palo Duro Basin Oil and Gas. Presentation on 2000 to 2007 Palo Duro Basin Oil and Gas Activity to the Panhandle Producers and Royalty Owners Association, Amarillo. Researched History of the Texas Belt of Gypsum, Hardeman County to Sterling County for the Newsletter of the First National Bank of Quitaque, Briscoe County. Researched and Compiled Historic and Current Oil and Gas Exploration and Production Information for the Ninety-eight Oil and Gas Wells on the Fifteen Section Charlie Rager Jones Estate Ranch, including yearly updates, Moore County. Provide Iiiformational Updates on the Proposed Cedar Creek Pumped Storage Hydroelectric Project, to Briscoe County Citizens, Briscoe County. Provided Informational Updates and Reports on the Enivrocare Low-Level Radioactive Waste Storage Facility Quito Mesa, Ward County to the Floyd County Historical Museum, Researched and Compiled Information on the Eighty-three Meteorites found in Panhandle / South Plains Counties of Armstrong, Briscoe, Castro, Cochran, Crosby, Dickens, Floyd, Hale, Hall, Hockley, Lamb, Lubbock Motley, and Swisher for Dr. Monte Monroe, Southwest Collection / Special Collections Library - Texas Tech University, Lubbock County. Provide Consulting and Information on ETT CREZ Transmission Line Routing to the Patsy Bowes Estate, Childress County. Provide Consulting and Information on Palo Duro Basin Oil and Gas, and on Wind Energy to the Broseh-Tinsley Estate, Floyd County. Provide Consulting and Information on Palo Duro Basin Oil and Gas, and on Wind Energy to the Billy Don and Sherry Colston Estate - Mockingbird Lane Trust, Floyd County. Provide Information on Palo Duro Basin Oil and Gas, and on Wind Energy to the Winifred Darsey Interests - North Pease River Ranch Estate, Motley County. Researched and Prepared Water Well Report for Mike Drum Property in Section 23 Harrison and Brown Survey, Cochran County. Researched and Prepared Oil and Gas Report for Kenneth Gibson Interests - James Jefferson Gibson, Sr. Estate, King County. Researched and Prepared Geological and Well Information Report for Belinda Goode Interests Claudia J. Bogart Estate, Hale County. Provide Information on Palo Duro Basin Oil and Gas, and on Wind Energy to the Joy Guest and the Jaine Lyn Guest Estate, Motley County. Ongoing Research with Lynn Jones on 1880 Quitaque Peaks Meteorite, Floyd - Motley Counties. Provide Consulting and Information on Cross Texas Transmission, LLC CREZ Transmission Line Routing, on SPS Tuco to Woodward Transmission Routing, and on Wind Energy to the Louis Knoll Estate and to the Stacey Knoll Property, Collingsworth County. SOAR Docket No. 473-14-1903 PUC Docket No.42063 Page 20 of 22 Provided Information on Palo Duro Basin Oil and Gas to LaFont, Tunnel], Formby, LaFont & Hamilton, LLP, Plainview Hale County, Provided Consulting and Information on Palo Duro Oil and Gas Leasing to Geraldine Landes Interests - Lillie Steinburg Farms Estate, Hale County. Provide Consulting and Information on Palo Duro Basin Oil and Gas, on Uranium Resources, on Wind Energy, and on Meteorites to the Michael D. Long Interests, Briscoe County. Provide Consulting and Information on Palo Duro Basin Oil and Gas, on Sharyland Utilities CREZ Transmission Line Routing, on Cross Texas Transmission, LLC CREZ Transmission Line Routing, on SPS Tuco to Woodward Transmission Line Routing to the Marble Children's Farm Trust, David Langston Trustee - Mullin Hoard & Brown, LLP, Floyd County. Researched and Prepared Geological and Oil and Gas Report for Bart Owens Interests - J. W. Owens Estate, Briscoe, Hall, Hockley, and Motley Counties. Provide Consulting and Information on Sharyland Utilities CREZ Transmission Line Routing to the Toni and Shirley Payne Estate, Randall County. Provide Information on Palo Duro Basin Oil and Gas for the Marisue (Burleson) Potts Interest Mott Creek Ranch, Motley County. Researched and Prepared Geological and Oil and Gas Report on the Northeast Corner of Floyd County for the Weldon Ray Purcell Interests. Provide Consulting and Information on Sharyland Utilities CREZ Transmission Line Routing to the Stanley Schaeffer Properties, Randall and Swisher Counties. Provide Consulting and Information on Panhandle Field Oil and Gas, and on Cross Texas Transmission, LLC CREZ Electric Transmission Line Routing to the Schaffer Brothers and Sisters Partnership, Gray County. Researched and Prepared Oil Well Information Report for Mike Smith Interests - Cushing Ranch and Lewis Ranch, Briscoe and Hall Counties. Provide Consulting and Information on Palo Duro Basin Oil and Gas, and on Wind Energy to the Evelyn Trice Interests of the Castleberry-Churchwell Estate, Hale County. Researched and Provided Water Resource Information for the Roby Upchurch Property, Lubbock County. Researched and Provided Water Resource Information for the Rocky and Kim Upchurch Property, Lubbock County. Researched and Provided Water Resources Information for the Charles and Ailenne Williams Property, Swisher County. Provide Information on ETT CREZ Transmission Line Routing to the Joyce Williams Estate, Foard County. Researched and Prepared Oil Well Information Report for Glenn Wilson Interests - W. R. Wilson Estate, Lubbock County and W. L. Stealdey Estate, Castro County. SOAH Docket No. 473-14-1903 PUC Docket No.42063 Page 21 of 22 S .; ^ ^ y. • T` _..^a' jo ,i - „ ^• ^ $^^ ^•'`z - y„^ •* ^'t ti • •; _ ^•' ^ ^^.' _ ,4 " ;•--3 f^ "_ • ""„" ^ 1 r ^•a . {„ "" -1 • ^ 'e."^^.^.^^..^'^..,r ; Vi ^ • _ .:.^ ....,.,.,: ^;'`^ ,^; ,> t - 3 i '. ^rMY- ,^ ^ ~ ,^J ^ ;` •a ^.^ ^ l.+l^e^ p '+e^,.,^ __^ -ti ^;^ 4 - J?^. • L'^ ^^.^ ^ ^ ~! ' ^ ^ ^' s. Y^ ^. ^ •'^r` J } =' . i ^ ^ ^ ". ^ '-^ • , Qi ^°/ . .•^^ >. yl tell • '` ' .. f f• j ^a^a ^ : ^^'+,,^ L•' L^n1^, , i 1^1 s^ ` ♦S ^j -.. ,` *• ;i • #" ^ } ! 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