Chairman Dave Archambault II of the Standing Rock Sioux Tribe, center left, participated in a visit to a Dakota Access Pipeline construction site in North Dakota on October 20, 2016. Source: Exhibit 3, Motion by Dakota Access LLC
The Dakota Access Pipeline is all but complete expect for a crucial site near the #NoDAPL encampment, according to a top executive. In a sworn declaration, vice president Joey Mahmoud said crews have finished "clearing, grading and trenching of land, and stringing of the pipe" along the entire stretch of the 1,172-mile project. Additionally, nearly all of the pipe has been "placed in the ditch and backfilled," he told a federal appeals court on Friday. What's left is "less than 1 mile" of pipe, according to Mahmoud. That final piece happens to lie at Lake Oahe along the Missouri River. "The primary construction activity remaining includes horizontal directional drilling (“HDD”) more than 90 feet below the bed of Lake Oahe in North Dakota," Mahmoud told the D.C. Circuit Court of Appeals. Work at Lake Oahe remains in limbo because the U.S. Army Corps of Engineers has yet to issue an easement to Dakota Access. The agency plans to consult the Standing Rock Sioux Tribe before making a decision. It's not known when that decision will come. But Dakota Access has filed a cross-claim against the Army Corps, asserting that it has a right to conduct the horizontal directional drilling without the written easement. Additionally, Dakota Access is asking the D.C. Circuit to dismiss a pending appeal in the tribe's #NoDAPL lawsuit. The firm claims the horizontal directional drilling at Lake Oahe won't harm any burial grounds or sacred sites, thus rendering any remaining complaints about the pipeline as "moot." "At Lake Oahe, the drill equipment will create a tunnel deep beneath the shores of the lake and the bed of the lake itself," Mahmoud stated in the declaration. "This method of drilling extends to depths too great for sacred or cultural sites to exist because those depths predate human occupation." Mahmoud did not say what qualifies him to state that drilling 90 feet below Lake Oahe won't harm the sacred nature of the Missouri River. And neither did attorneys for the wealthy backers of the project. But if the tribe's appeal is dismissed, it would put Dakota Access closer its goal of transporting crude out of North Dakota. The firm is hoping a federal judge will rule on its cross-claim in early January 2017 so that it can start moving up to 570,000 barrels of oil a day. Previously, attorneys have said the project will lose $2.7 million per day, or $83.3 million per month, if they don't finish the pipeline on schedule.
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