07 December 2019

R-Project Contractor Crew Trespassing and Destroying Private Property on Ranches

November 28, 2019. R-project contractor crew trespassing and destroying private property on ranches. Grant County News 135(18): 1. With one photograph of a flowing well.

A contractor crew working on the r-project for the Nebraska Public Power District has trespassed and destroyed private property on a ranch along the southern edge of Holt county.

On November 16th, Marlene Haake of the Haake family ranch found some workers installing a new gate along the proposed right-of-way of the industrial powerline. She had been "patrolling" and on her fourth go around found where the fence that had been present was cut away and a short portion removed. New box corners for the gates had already been placed.

“We have not signed any easement to allow the placement of the powerline on our property, yet they were installing a new gate to provide vehicle access,” she said later. “They had no right to be there.”

The contractor not only violated private property rights by trespassing, but destroyed fence and appeared to have the intent to take the removed fence posts from the property, which should be considered “stealing,” she said. There was no proof shown that would give them any right of access. They had not even stopped by the ranch house to indicate their intent to encroach upon the property.

Haake made the contractors remove the newly built gate features and rebuild what was the current fence.

Elsewhere steel fence posts had been placed to mark the right-of-way. One was partially run over by a farm implement.

“I pulled six posts from our property,” she said.

The sheriffs of Garfield county and Holt county were called but no action in response to the trespassing and property destruction has yet to occur.

Haake insisted to the contractors that they could not ever intrude on the ranch again.

Along the r-project alignment in Thomas county in 2016, NPPD workers were found trespassing on the south unit of the Brush Creek Ranch, owned by Barbara and Dan Welch. The utility company people were evicted from the ranch and since then the pasture gates have been locked closed.

Both ranches have had similar results with NPPD in dealing with medical conditions associated with Ronald Haake and Dan Welch.

Physicians for both men have advised them that they need to avoid prolonged exposure to any “stray voltage” especially associated with a 345 kV industrial powerline.

At the Haake place, the powerline would be in the immediate proximity of an eight mile travel route from the east end home place to the west end of the ranch. To avoid any exposure, an alternate route would necessitate going 8 miles north, then six miles west and another eight miles south.

At Brush Creek, the transmission line would go over the cattle shipping pens and a heifer development pasture. Welch would not be able to help ship his stock since the prolonged exposure would be dangerous to his health. Welch did receive a brochure regarding stray voltage that was completely out-dated.

NPPD officials have told both that the powerline would not be any threat. The utility company did offer to provide a doctor’s consultation but both ranchers did not want to meet with a physician hired by the project builder.

Steel monopoles would be used at both ranches, and they require a 200 foot square work area to establish a seven-foot foundation, according to NPPD documents. The auger hole depth would be from 25 to 40 feet.

These constructs would be a threat to unique natural resources.

At the Haake place, groundwater has provided a steady and reliable source of water for stock tanks and ponds used by livestock since the ranch was established in 1883. For centuries, wild birds have appreciated associated wetlands. There are numerous artesian wells in the vicinity, Marlene Haake said. “We do not know how the monopole holes might influence groundwater characteristics and subterranean flows.” The extent of sub-surface water is obvious since by the time a hole is dug for a fence post, the bottom very soon has standing water.

Rangeland at Brush Creek is considered “pristine native prairie,” according to a floristic evaluation completed by a Kay Kottas, professional botanist. There were only two non-native species recorded, and they were associated with the Highway 83 corridor. Any disturbance from power pole construction and vehicular traffic would locally degrade prairie conditions.

“I don’t think any restoration activity of disturbed sites can replace a prairie setting that has evolved over centuries,” said Welch.

The Haake and Welch families continue to “stand strong” in their opposition to the unwanted and tragically intrusive r-project. Our private property rights and personal health are being threatened by the r-project, they agree.