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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 Packet Page -16- 7/8/2014 6.A. Request to Speak under Public Petitio!-t Please print Name:, Address:-C Phone: f2 °'!� ?rsa ��y x x 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 wage if necessary): .ns �r *IiW �` "`+:�f%t OrcLLC er*errli v%mn i>r12 t. Please explain in detail the action you are asking the Commission to take additional page tf neoessar& ..s ... _. -M -TV .. .. H %DATA"RMISVh*ft Po1Rion ROgU881 Form - 2013 dw Packet Page -17- 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 Packet Page -18- 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 — Packet Page -20- 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 Packet Page -21-