Agenda 07/08/2014 Item # 6AMIA
7/8/2014 6.A.
Office of the County Manager
Leo E. Ochs, Jr.
3299 Tamiami Trail East, Suite 202 • Naples Florida 34112 -5746 • (239) 252 -8383 • FAX: (239) 252 -4010
June 27, 2014
Ms. Caitlin Weber
Conservancy of Southwest Florida
1495 Smith Preserve Way
Naples FL 34102
Re: Public petition request from Caitlin Weber representing the Conservancy of Southwest Florida,
regarding the Collier County Petition for a Formal Administrative Hearing challenging the
Consent Order between the Florida Department of Environmental Protection (FDEP) and the
Dan A. Hughes Company. The Conservancy would like to discuss groundwater monitoring efforts
and present updated information.
Dear Ms. Weber:
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of July 8, 2014, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be
placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently
under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not
discuss the item after it has been presented. Therefore, your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner
Building (Building "F") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
if you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
Mike Sheffield
Communications and Customer Relations Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
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7/8/2014 6.A.
Request to Speak under Public Petitio!-t
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Date of the Board Meeting you wish to speak; N71 Q ,i B —
Must circle yes or no:
Is this subject matter under litigation at this time? No
Is this subject matter an ongoing Code Enforcement case? Yes No
Note: if either answer is "yes the Board will hear the Item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are reguestina to speak (attach additional
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COLLIER COUNTY
Board of County Commissioners
Item Number: 6.6.A.
7/8/2014 6.A.
Item Summary: Public petition request from Caitlin Weber representing the Conservancy
of Southwest Florida, regarding the Collier County Petition for a Formal Administrative Hearing
challenging the Consent Order between the Florida Department of Protection (FDEP) and the
Dan A. Hughes Company. The Conservancy would like to discuss groundwater monitoring
efforts and present updated information.
Meeting Date: 7/8/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
6/27/2014 2:04:48 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
6/27/2014 2:04:49 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/30/2014 3:47:43 PM
Name: SheffieldMichael
Title: Manager - Communications & Cust. Relations,
Date: 6/30/2014 4:1 8:54 PM
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7/8/2014 6.A.
CONSERVANCY
" � of Southwest Florida
- OUR WATER, LAND, WILDLIFE, FUTURE.
Frcte- tin; Florida's unique natural environment and quality of life ... now and forever.
County Manager
Collier County Government Complex
3299 East Tamiami Trail
Suite 202
Naples, FL 34112
RE: Public Petition for 7/8/14
Cause for Public Petition:
The Conservancy of Southwest Florida requests to speak under public petition before the Board of
County Commissioners regarding the Collier County Petition for Formal Administrative Hearing
challenging the Consent Order between the Florida Department of Environmental Protection (FDEP) and
the Dan A. Hughes Company. The Conservancy recognizes that the Commission may not discuss matters
under litigation. However, the Conservancy is committed to supporting Collier County and would like to
discuss the FDEP groundwater monitoring efforts and present updated information to strengthen the
County's petition.
The Conservancy commends the Commission's decision to pursue an administrative hearing to challenge
the Consent Order. We support the county working to obtain information and enforcement action from
FDEP in a public forum and hope our comments will be considered.
Inadequate Groundwater Monitoring by FDEP:
The current Petition for Formal Administrative Hearing may not allow Collier County to play a
meaningful role in assessing the risks associated with the unauthorized fracking -like activities at the
Collier -Hogan 20 -3H well. For instance, the County petition does not specify what type of groundwater
monitoring should be done by FDEP. Currently, FDEP plans to drill monitoring wells that are 13 feet deep
to test groundwater quality. This type of test will only account for surface spills and will not address any
contamination that may have occurred deep underground during the fracking -like activity. Furthermore,
any contaminants found in the water at 13 feet have already put the public at risk as the public water
source extends beyond 13 feet.
Requested Action:
We encourage the County to strengthen the Petition for Administrative Hearing by including the
additional monitoring, remediation steps, and financial commitments shown below. These are not in the
County's current petition and are not presently being addressed by FDEP.
Conservancy of Southwest Florida has been awarded Charity Navigator's prestigious 4 -Star top rating for good
'4 CHARITY NAVIGATOR governance, sound fiscal management and commitment to accountability and transparency. Chanty Navigator is America's
-- Four Six Charity iargest and most respected independent evaluator of charities.
1495 S th r es; erv1e VVay I Nap es, Florida 34' Packet Page -19- i4 1 Fax 239.262.4 --,72 1 www.vunse•rvan:y.org
7/8/2014 6.A.
The Conservancy respectfully requests that the County amend the current petition to include:
1. A mechanical integrity test of the well casing at the drill well and wastewater injection
well (if there is one), testing of the cement and tracer dye studies to determine upward
movement of fluid around casing.
2. A credible investigation by FDEP or FDEP- retained consultant to conduct groundwater
monitoring in a variety of potentially exposed aquifers. FDEP should install monitoring
wells below the Underground Source of Drinking Water or at least at 1,850 feet to
detect vertical migration of chemicals from the location where the fracking -like activity
took place. The very shallow monitoring wells FDEP intends to use will not detect
potential contamination from fracking -like activities until long after public water
supplies are completely contaminated. FDEP should also analyze grab samples from as
deep as possible (approximately 3,500 feet) within nearby wells 86 and 103 as these
sites may have facilitated the vertical movement of contaminants.
o Collier County and independent consultant(s) should be allowed to
independently take water samples at the same time and location as FDEP.
3. Groundwater flow modeling to simulate fracking -like activity undertaken, especially in
the absence of actual measurements during the procedure to understand the potential
extent to which geologic and hydrological impacts may result.
4. An operational plan to ensure that there is not excessive dissolution of rock or forcing of
fluids into areas other than the targeted area.
5. The location and methods of wastewater disposal is vitally important to know and
assess in order to ensure wastewater is not dissolving rock formations — especially as it
is the rock that is supposed to keep it contained.
6. Groundwater flow monitoring and tracer -dye testing to analyze the high risk of potential
migration down - gradient to existing Collier County wellfields.
7. Obtain from Hughes an interim spill prevention and clean -up plan and assurance that
injected fluids will not migrate to other groundwater formations or aquifers.
8. The stop work order should be reinstated and all work at the well should stop until
reasonable assurances are provided, reviewed, and approved or denied.
9. Language included in the consent order requiring Dan A. Hughes to be fully liable for any
and all remediation costs in addition to posting a one million dollar bond for costs
associated only with the Hogan well (not for up to 10 wells as currently)
10. Remediation of the dry bore holes (wells 86 and 103) after sampling should be included
in the County's petition. FDEP should be responsible for immediately plugging the wells
properly as well as capping per today's industry standard especially if oil recovery
activities are allowed to continue at the Collier Hogan site.
11. FDEP should require Dan A. Hughes to put a pad liner over the entire pas. The pad liner,
according to the FDEP inspection reports, does not cover the entire 300 x 300' pad —
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7/8/2014 6.A.
FDEP says 145 x 110' (that means only 17% of the pad had a liner). It is our understating
that there have been two surface spills on this site, making spill containment critical.
Background:
The Dan A. Hughes Company received a permit from the FDEP in December, 2012 to construct an oil and
gas well at Hogan Island Farm in Collier County. In August, 2013 the Company obtained a five year
operating permit. The Company submitted a Workover Notification to FDEP requesting to inject a
dissolving solution to access oil bearing rock and prop the area open with sand. This operation, which
has never been used in the state of Florida, was to occur December 28 or 29th. The FDEP requested the
workover be delayed until December 30th so that the project could be reviewed. The Dan A. Hughes
Company began the workover on December 30th. FDEP submitted a Cease and Desist order to Dan A.
Hughes on December 31" citing that the Department "is not satisfied that it has sufficient information
that the proposed workover would be protective of the State's groundwater resources." The Company
continued the workover operation until January 1St, 2014. On April 8, 2014 FDEP entered into a Consent
Order with Dan A. Hughes. Collier County filed a Petition for Administrative Hearing regarding this
Consent Order on June 12, 2014. The Conservancy of Southwest Florida respectfully requests that the
County consider amending this petition to include the above - mentioned points.
The Conservancy appreciates the timely review of this petition and hopes to have the opportunity to
present this matter before the County Commission.
Thank you,
Caitlin Weber
Policy Analyst
Conservancy of Southwest Florida
1495 Smith Preserve Way
Naples, FL 34102
239.403.4202 ext. 308
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