2008 Divide Creek Seep
page 15 of 15

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  Contents - this page

Drilling begins - fracking to follow

Radioactivity found in our water well

Letter denying EnCana access to our property

Neslin resigns - apparently to work for EnCana as legal counsel

EnCana and other operators ramp up to cash in on natural gas exports

Gasland director, Josh Fox, arrested

My 9th Appearance before the Garfield County Board of Commissioners

T. Boone invites me to Texas

Judy Jordan - Garfield County's fired oil and gas liaison speaks out

I send the EPA PDFs of all fifteen pages of this 2008 West Divide Creek Seep Chronology

 

 

 

 

The Tasks and Toll of Irreverence

 

 

Entry: 01-18-12

 

 

 

 

 

 

 


On January 9th, the brief reprieve of relative quiet and unmistakable sound of renewed grinding alerted me that EnCana had begun drilling the F12E. Sadly, they are once again disrupting the migrating elk's use of Summerhawk valley as critical winter range, water access and cover. Even more sadly, despite winning a say in the permitting process, the Division of Wildlife is nowhere to be seen. Such appears to be the power of money in politics. For nearly a decade and every winter, I've seen the elk population incredibly stressed over winter and into the spring calving season. For whatever reason, EnCana seems to prefer drilling in the winter and early spring, exactly when the elk need this land for wintering and calving. Interestingly, the DOW doesn't allow late-season hunting here because this habitat is considered so critical... but the oil and gas industry tearing the hell out of everything, running up and down the roads with hundreds of truck trips, panicking the elk and causing them to tangle in barbed wire fencing, pumping tons of diesel fumes into the air, benzene into the water, and echoing their booming drilling operations up and down the valley - all that's a-okay.
 

   

 

 


 

 

 


 

 

Radioactivity in Private Water Wells

 

 

   


I first became aware of the threat of radioactivity in water sources from oil and gas operations in 2010. Because I was concerned about its potential presence in our water well, due to the upstream 2004 seep, I've repeatedly asked the Colorado Oil and Gas Commission to conduct at least one baseline sample. Repeatedly, I've been told by the COGCC that radioactivity isn't a problem in our area and any such sampling would be, therefore, unnecessary.

In October, 2011 I collected a sample and sent it into the Colorado Department of Public Health and Environment. Those positive results are below. These preliminary results point to the need to sample for radium. I've contacted the CDPHE to ask for guidance on possible sources of the radioactivity and whether the state has a public health interest in this issue. I am currently waiting to hear back on which department - if any - might be concerned about this development.

Below are the Gross Alpha Beta radioactivity results of our water well. This was collected October 2011 - before drilling began, and may be the result of 2004 or 2008 seeps.

 

   

 

 

 

 
 

 

 

 


 

 

 

Letter to COGCC, EnCana (cc EPA)
denying EnCana permission to access our property for
"visual observation" of potential impacts resulting from
drilling fracturing activity from the F12E pad pictured above

 

 

   

 

Environmental Lead, Piceance Basin
Encana Oil & Gas (USA) Inc.

Environmental Protection Specialist, Northwest Region
Colorado Oil & Gas Conservation Commission
 

January 31, 2012

Re: COGCC Conditions of Approval for Twin Creeks F12E / Location 421390 / Operator: ENCANA OIL & GAS (USA) INC # 100185

API No. 05-045-20385 Twin Creek# 12-5A2 (F12E)
API No. 05-045-20386 Twin Creek # 12-3D1 (F12E)
API No. 05-045-20387 Twin Creek # 12-4D1 (F12E)
API No. 05-045-20388 Twin Creek # 12-5D1 (F12E)
API No. 05-045-20389 Twin Creek # 12-4A1 (F12E)
API No. 05-045-20390 Twin Creek # 12-5A1 (F12E)
API No. 05-045-20391 Twin Creek # 12-6C1 (F12E)
API No. 05-045-20392 Twin Creek # 12-3D2 (F12E)
API No. 05-045-20393 Twin Creek # 12-6D1 (F12E)
API No. 05-045-20394 Twin Creek # 12-6A1 (F12E)
 

“Visual observation” access, more specifically: 

ACCESS AND INDEMNITY AGREEMENT: “Whereas EnCana or [contracted parties] will perform a visual survey and possible stream sampling along Divide Creek (the “Survey”) on owner’s property…” and “The survey is conducted pursuant to a request by the staff of the Colorado Oil and Gas Conservation Commission (“Commission”)”…

 _________________________________________________________________________________________________________________

Since EnCana began drilling the F12E, I’ve been busy coordinating with state agencies, federal agencies and others regarding what I believe will be significant impacts resulting from drilling/hydraulic fracturing into the 2004 / 2008 hydro-geologic seep structure.

 

As EnCana and the COGCC are aware, I’ve long contested EnCana’s drilling and hydraulic fracturing from the F12E location. Working to diligently protect what remains of our property and health interests in light of what I recognize as conflicted and failed state regulatory oversight has contributed to my delay in corresponding.

 

EnCana’s request to access our property for purposes of “visual observation” relative to conditions of approval associated with F12E operations and noted more specifically above, appears less than sincere given that my reporting of the sudden appearance of bubbles, biofilm and other fluid/gaseous expressions into West Divide Creek in 2008… and, EnCana’s own quantification of that thermogenic expression in 2010, have failed to produce any further testing; a ground water monitor in order to help determine groundwater impacts or the scope of impacts; or, even acknowledgement of gas seepage.

 

Despite numerous requests and potential risks to our domestic potable water sources, I have yet to receive any disclosure of hydraulic fracturing chemicals used while fracturing any of EnCana’s natural gas wells from 2004 forward. In fact, my efforts have only produced a persistent effort by both EnCana and the COGCC to publicly discredit my account of impacts.

 

The third-party engineering review and investigation conducted by the COGCC in 2010 and 2011 found recent critical flaws in drilling, casing and fracturing operations which have led to the COGCC’s issuance of yet another round of ‘corrective’ operational stipulations for operators in the Mamm Field. Despite our good faith efforts to aid EnCana and COGCC’s joint effort to better ascertain failures which may have led to or contributed to the 2008 seep, I submit this investigation was incomplete and prematurely concluded, based on the following:

 

1) The COGCC has failed to pressure test the Schwartz, Price, Brown or Twin Creek wells, which were likely implicated in, or, were the outright combined cause of the 2008 seep;

 

2) The COGCC has failed to conduct and even resisted a hydrologic review of the F12E targeted production area. This occurred despite clear warnings of hydrologic risks from Garfield County’s hydrogeologic consultant Dr. Thyne in 2009. It occurred despite an invitation from Garfield County’s then oil and gas liaison, Judy Jordan, to collaborate with the COGCC or at least review shared data on this topic; and, it occurred despite my request that the COGCC and Garfield County collaborate. This also occurred despite assurances to me from the COGCC that a hydrologic review would indeed accompany the COGCC’s 2010-11 area investigation.

 

3) The COGCC improperly relied upon EnCana’s proprietarily edited data of the 2004 / 2008 seep geology to predetermine the safety of F12E operations. This documentation has yet to be publicly disclosed. I believe such proprietary editing was unnecessary given that 1) the risks to human health, safety and water quality should have prompted a thorough third-party review; and 2) EnCana is the leaseholder of such mineral interests, and faces no threat of competition in the target area. Further, any such geologic review should have been implemented to explain the still-active 2004 seep, long before it should have been considered to justify renewed drilling and hydraulic fracturing in the same area.

 

4) The 2004 seep continues unabated and unexplained, expressing very high levels of benzene and other toxic compounds into the shallow groundwater and possibly much deeper aquifer of West Divide Creek. As a major tributary of the Colorado River, West Divide Creek and its associated aquifer supplies domestic and agricultural water to thousands of residents nearby and downstream.

 

Despite these obvious and grievous shortcomings, the COGCC determined to allow EnCana to proceed with the F12E pad.

 

For these reasons, I must question the validity of requesting access for purposes of “visual observation” along West Divide Creek during F12E drilling/hydraulic fracturing operations. Based on EnCana and the COGCC’s foreseeable ability yet utter failure to safeguard the West Divide Creek area in 2004 or prevent recurrence of devastating impacts which surfaced again in 2008, the request for “visual observation” access certainly does not appear to have anything to do with either responsible development or preventive oversight.

 

Given the observed, documented and later quantified impacts from the 2008 seep, I must conclude there is great question even as to the qualification of those who would be conducting such visual observations or, later, analyzing relevant findings.

 

Further, EnCana has elected, once again, to drill and fracture mid-winter, during which time most if not all of the otherwise visible area is covered by snow and ice.

 

EnCana conduced a soil gas survey in 2010 which has mapped points of methane expression. Unfortunately these remain unacknowledged by either EnCana or the COGCC. Despite EnCana and the COGCC’s apparent and habitual efforts to ignore, marginalize or mischaracterize continued impacts to West Divide Creek, the long overdue 2010 soil gas survey should provide a sufficient baseline in quantifying new impacts going forward. Given EnCana and the COGCC’s record of failing to fully investigate or even acknowledge known impacts, and further attempts to discredit what I report, I must decline EnCana’s request to access our property for purported purposes of “visual observation”.

 

It appears my refusal of access for purposes of “visual observation” will not be problematic, given that drilling commenced on the F12E on or about January 09, 2012, and it would appear that little to nothing could dissuade continued development.

 

Certainly, there may arise a request for access in the future for purposes of scientifically quantifying new impacts which are likely to arise in association with EnCana and the COGCC’s astonishingly poor decision to pursue development within the seep structure. When that day arrives, I will once again consider any request for access based on conditions at that time. Any access, if granted, will be – as always – strictly provided for within a written instrument.

 

This decision does not affect EnCana’s continued access for purposes of scheduled quarterly water sampling as per COGCC’s on-going remediation plan and/or any private contract we have with EnCana for such purposes. At this time, any access outside the scope of the quarterly access agreement is not advised and will be considered trespass. Hard copies of this letter will be forthcoming.

 

Thank you,

 

Lisa Bracken

 

c.c. EPA - Region 8

 

   

 


 

 

Director (Neslin) resigns from the COGCC
and goes to work for legal firm representing EnCana

 

 

   

 

Oil & gas regulatory chief quits to advocate for oil & gas industry

http://yellowscene.com/2012/02/01/oil-gas-regulatory-chief-quits-to-advocate-for-oil-gas-industry/

Published : February 01, 2012

From the article: "Dave Neslin, the director of the Colorado Oil and Gas Conservation Commission—the state agency in charge of regulating oil and gas operators who’ve created much uproar and controversy in Boulder County through their use of hydraulic fracturing—announced he will step down from his industry oversight position to join Davis Graham & Stubbs, a Denver law firm that represents (you guessed it) oil and gas companies.

Davis Graham & Stubbs counts Encana Oil & Gas among its clients, the well operator that sparked a fracking controversy in Erie with plans to open an eight-well drilling pad just a few hundred yards from both of its elementary schools. Just weeks ago, Neslin attended an Erie Board of Trustees meeting to discuss fracking in his role as industry watchdog. Encana representatives were also present at the meeting and, as of March 1, he’ll be part of Encana’s outside legal team.

“This says a lot about where he’s been coming from when he’s been at public hearings for God knows how long,” said Erie resident Wendy Leonard, a member of an anti-fracking grassroots group called Erie Rising."


My commentary:

It was under Neslin's watch that the F12E pad (above) was approved. It was also under his watch that the COGCC posted a statement attempting to discredit my observations of impacts to West Divide Creek in 2008.

In the least, I would think that any official act Neslin engaged in while acting as Director of the Colorado Oil and Gas Conservation Commission and in simultaneous talks with the law firm over employment opportunities should be closely scrutinized.

Of course, one could argue that the COGCC has a legislative obligation to promote oil and gas in the state of Colorado. The COGCC has definitely done that... too bad it's been at the expense of the other mandate: to safeguard public health, safety and welfare. How come the agency always seems to forget about that mandate?

I've seen a parade of politicians and their appointed ilk come and go over the years as  genuine, measurable impacts to the air, water and land grow more prolific... and the threats to human health, safety and the environment grow more pronounced.

Just as wayward rats on a sinking ship will jump to the nearest raft, God only knows what will rise to seize the wheel of that sad, wayward ship, now.

Oh... incidentally, the head of the COGCC environmental division is also leaving.

Excuse me... I have a party to attend.

 

   

 


 

 

Meanwhile, EnCana and other operators ramp up efforts and investments to ship American gas bounty to overseas markets.

 

 

     

LNG export proponents may seek gas assets in 2012

http://www.calgaryherald.com/business/export+proponents+seek+assets+2012/6089234/story.html

February 02, 2012

By Rebecca Penty, Calgary Herald

From the article: "With a forecast for a slew of new LNG project announcements this year, CIBC predicts in a report that national oil companies and other backers will be signing deals to scoop up gas assets. Among the beneficiaries are strategic resource holders including Calgary’s Encana Corp., Canada’s No. 1 gas producer."


My commentary:

What ever happened to the natural gas industry's slogan "American Energy Independence"? Seems like the new slogan is "F--- you, we got a bigger buyer over here!"

Seems like if less expensive energy were truly desired in order to warm the houses of cash-strapped American families and build American enterprise, home heating costs wouldn't double during the winter months and the US would develop a common-sense long-range energy plan to control the development of natural gas - that is... "c..o..n..s..e..r..v..e.." it in order to make the best use of this polluting fuel, especially in order to use it as a bridge fuel to more sustainable sources. I stress the word 'conserve' for the folks at the Colorado Oil and Gas C..o..n..s..e..r..v..a..t...i..o..n Commission, in case any have forgotten what the word means.

I mean, isn't' that the message the industry has been trying to sell us on? So, why exploit all of it as fast as possible, destroying other natural resources like water and air in the process... only to ship it overseas to the highest bidder?

But as I said long ago... the natural gas bridge is a bridge to nowhere.

C'mon folks... it doesn't take an economics major to see what's really going on. This isn't about patriotism, national security or domestic reserves of affordable energy. It's about fast, furious exploitation damning the consequences. This means even more exploitation - the likes of which has already destroyed West Divide Creek is now bound for backyards across our nation.

Think any presidential candidate will stand up and advocate for anyone besides campaign donors? Think again. I used to like Ron Paul, but he is way off base on this issue. The rest of the Republican horde is solid gone skipping happily down the yellow brick road paved with PAC gold. Is the current administration any more attuned to risks? In support of hydraulic fracturing as well as off-shore and Arctic drilling... apparently not so much.

 

   

 


 

 

Josh Fox - Director of Gasland arrested in US Congress
for attempted to film hearing testimony related to EnCana/Pavillion Wyoming groundwater contamination case

 

 

   

 

Gasland Filmaker Joshua Fox Arrested at Fracking Hearing, by Order of House Republicans

http://blogs.villagecoice.com/runninscared/2012/02/house_republicans_joshua_fox_arrested_fracking.php

by Keyana Stevens

February 02, 2012

Excerpt: "The House Subcommittee on Energy and Environment was meeting to discuss the controversial topic of hydraulic fracturing, colloquially known as "fracking." When Joshua Fox, whose Oscar-nominated documentary Gasland deals with the controversial natural gas extraction process, showed up with a camera wanting to record the hearing, he was arrested and charged with unlawful entry."


My comments posted to Village Voice

This appears as nothing more than one more round of subjected truth by abusers of power cloaked as guardians of democracy. Is it not enough that Pavillion and West Divide Creek (WDC), CO (http://journeyoftheforsaken.com/dividecreekseep2008thirteen.htm) were excluded from EPA's fracking study... even though the West Divide Creek case, a massive and still-active blow out is directly related to fracking? ...Even though both cases involve EnCana as operator? Isn't it enough that the natural gas industry is even in the pockets of some grassroots organizations who just happen... "no strings attached" to be afraid of the word "moratorium or ban"? Isn't it enough that EPA is no where to be seen on the WDC case, and Neslin, the former head of Colorado's Oil and Gas Conservation Commission, just stepped down from his post to serve in a law firm that happens to serve EnCana - after helping to pave the way for EnCana to drill into and frack the hell out of the 2004 blowout site? Isn't it enough that now the president can simply assign the label of "terrorist" to any US citizen and get them interned in military prisons without charge, representation or any kind of Constitutionally guaranteed due process? I was in the film Gasland and everything I said was truthful. Didn't matter. Neslin tried to discredit me and others including Josh Fox on the state's website. Investigations were delayed and constricted (but evidence of contamination was later found anyway), and EPA cut WDC from their study. Guys like Josh are needed to help reveal the truth. Since when are government decisions best run in shadowy backrooms? I and others have lived the fallout of that failed method. I want a camera in there and anywhere decisions are made "on my behalf" by anyone supported in any way by the natural gas industry.

 

   

 


 

Entry: 02-06-12

 

 

 

 

My 9th Appearance before the
Garfield County Board of Commissioners

...in which I inform them of EnCana's commencement of he F12E pad, ask for an answer as to why the County has failed to do anything in the way of protecting the citizens of Garfield County from adverse health and environmental impacts of natural gas development and request unadulterated data from the Twin Creeks deep water monitoring well.

 

 

   


Lisa Bracken's introductory statements offered during the 8:05 am public comment period and relative to agenda item pertaining to Phase III hydrogeologic study.

In 2006 the COGCC lifted the moratorium imposed after the 2004 fracking blow out on West Divide Creek.

That seep was conservatively estimated to have released 115 million cubic feet of natural gas and it’s associated toxic compounds into the environment of an area comprising an approximate 3 miles radius.

As you may recall that seep continues to this day and continue to express benzene and other toxic compounds into the groundwater there.

The Garfield County Board of Commissioners agreed to lifting the moratorium under the assurance that the COGCC would exercise appropriate oversight.

The COGCC has failed in every way to do so.

In June 2008 a seep emerged in West Divide Creek – on top on the one from 2004

Since 2009 and not even counting my physical appearances before the County in 2008 – the year of the second seep, I have appeared before the county eight different times to ask 1) that the moratorium be reinstated 2) that a groundwater monitor be installed at the site of the main 2008 and that 3) the county follow through on Dr, Thyne’s recommendations made from his 2009 analysis of West Divide Creek.  

On several of those eight occasions, I was assured that the county would follow up on those recommendations. That has yet to occur, and there were a number of additional instances where then oil and gas liaison Judy Jordan attempted to follow through with the recommendations as a matter of budgetary concern. 

During that time the COGCC embarked on a 2010 investigation – a third party engineering review of wells in the Mamm Creek area – including the Arbaney well that blew up on March 09 2004. that report detailed critical failures in drilling, cementing and yes – even fracking operational procedures.

Unfortunately – and probably because the investigation failed to consider the hydrology of the seep areas and over relied upon edited Encana data to assure geologic safety… the activity of the seep remains un-sourced, unexplained and unmitigated. 

Unfortunately like the Phase I, II and III Hydrogeologic Study commissioned by the County with funds from the 2004 seep fine against EnCana, the COGC Investigation also excluded West Divide Creek from study. 

So, West Divide Creek has been excluded from study by the county, the state and the EPA, even though it is the only case I know of in the US where fracking has been officially and directly implicated in the seep from state hearing documents.  

During that investigation EnCana conducted a soil gas survey and confirmed that thermogenic gas was indeed expressing into the surface waters of West Divide Creek in the area of the 2008 main seep.  

While the COGCC has long argued that that 2008 seep area is well-monitored from the 2004 seep event, it in fact resides far outside the delineated scope of the 2004 monitoring area – to the North, actually. 

Despite this validation of my earlier reports, the COGCC continues to attempt to discredit me in it’s “Gasland Correction Document” posted on the state’s website. Further the COGCC approved EnCana’s request to drill directly into the 2004 and 2008 seep hydrogeology.

On January 9th, EnCana began drilling. That area will soon be fracked, and EnCana themselves will soon reveal the risks of fracking better than any compromised study ever could. 

This area is still without groundwater monitoring or any type of remedial action by the COGCC. I will remind you that my family receives its drinking water directly from West Divide Creek in a location now in the middle of the 2004 and 2008 main seep areas – one of which remains unacknowledged and unmitigated. 

Whether it is air quality or water quality, the County has utterly failed to assume a proactive role in representing its human constituents.

It has overly-relied on industry and COGCC assurances.

It has, therefore, a legacy of under preparation for dealing with impacts.

And it has demonstrated a total failure in recognizing, acknowledging and mitigating those impacts when they occur.

Additionally, to date – some three and half years since originally reporting this contamination incident (now confirmed by EnCana and the COGCC) I have yet to receive any assistance from Garfield County in its promises to follow up with Dr. Thynes recommendations, and I want to know why. And I want the truth.


Discussion which followed...

In the subsequent discussion with the panel of Republican Commissioners, Mike Samson was the first to speak, and I commended  his courage for doing so. He contested that the county had done nothing in this instance, noting 1) the county had commissioned Dr. Thyne to assess impacts to West Divide Creek and 2) noting that then oil and gas liaison Judy Jordan had run up against opposition by landowners when she approached them to install county deep ground water monitors.

I acknowledged the county's responsiveness in working with Dr. Thyne, and clarified that it was the county's failure to follow up with his recommendations which I am questioning. Further, I pointed out that I and many other landowners found the county's terms relative to the installation of deep ground water monitors to be onerous, requiring deeded access in perpetuity and approximately five acres of land. (The terms also failed to account for an emergency mitigation plan in the event of a blowout, or appropriate disposal of toxic drilling waste). I informed Commissioner Samson that I had submitted a detailed explanation of my objection to those terms and did not receive a reply. He said he didn't know the terms had been found objectionable by anyone, and in fact had not seen the contract proposal at all. It appeared that none of the Commissioners were familiar with the county's proposal. Despite many landowner's objections, one landowner did agree to those terms and one deep groundwater monitor was installed. I again asked to see those results. The Commissioners seemed surprised the results had been made available on the county's website. I assured the Commissioners I had looked for the result, and they were not - at least in a manner I could discern.

Commissioner Samson suggested that the county revisit the terms of the water monitor agreement, and I agreed that would be an excellent step forward.

I noted the cost of a shallow monitor would be around 5-7 thousand dollars, not counting the costs of sampling. I asked if the county's oil and gas mitigation fund could be used for that purpose, but Commissioner Martin said the funds were not for such purposes.

Commissioner Jankovsky acknowledged he had only heard my side of the West Divide Creek story and would make an effort to discus the matter with both the COGCC and EnCana. I encouraged him to do so. He said he had spoken to someone who had told him back in the old days, they could light West Divide Creek on fire. I assured him emphatically, that I have never been able to light the creek on fire until EnCana began drilling in the region.

It was suggested that I conduct a conversation with the new liaison to see about next steps going forward. He and I scheduled a time for him to visit the area so that the county can 'discover gaps in their understanding of the situation'.

Video or MP3 of those minutes (February 06, 2012) can be found here:

http://garfield-county.com/board-commissioners/meetings.aspx

 

   

 


 

 

T. Boone defends the safety of hydraulic fracturing... and invites me to Texas

 

 

Entry: 02-07-12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

After almost five years of virtual 'radio silence' from our local press on events unfolding on West Divide Creek, KDNK public access radio out of Carbondale, Colorado launched a probing series into natural gas development in Garfield County.

No doubt, this was in part prompted by the threat of drilling advancing into more populated regions of the county, including Glenwood Springs near the area of Four Mile and Thompson Divide www.savethompsondivide.org. As the crow flies, West Divide Creek is just on the backside of Carbondale which enabled industry's rear flank sneak attack on the Thompson Divide area.

In actuality, Carbondale and Redstone are also likely targets of eventual drilling, given the areas' wealth of coal deposits. It's where the "Carbon" came from in "Carbon"dale, and I imagine Redstone still has its coke ovens right off the highway from the old Mid-Continent operation. Coal off-gasses underground into a (hydro-) geologic formation. In a process not well-known and certainly not disclosed, here, and in other areas of the country, like Texas, Virginia and Pennsylvania, the gas is targeted and produced via a single deep natural gas well (usually one on a pad supporting multiple wells) that fracture into multiple formations (layers) of tight sands, shale and coal in order to maximize recovery of the resource.

Ed Williams has embarked on a challenging and difficult project, and handled it with graceful journalistic integrity armed with a honed resistance to hyperbole and a tenacious devotion to fact. For anyone who has read this website or read New York Time's columnist, Ian Urbina's lament in navigating regulatory complexity and accessing industry's secrets, that is assuredly no easy feat.

As a part of that series, Ed interviewed T. Boone Pickens, who ended up inviting me down to Texas to see how safe fracking is.

In an add-on interview with me, I took T. Boone up on his offer.

If he'll buy my plane ticket down to Texas, I'll buy him dinner at the Salt Lick. We'll have an honest conversation with several media folk nearby to share in and document the chit chat.

I'll invite Texas Sharon to go on tour with us, and the two of them can show me and the media all the progress made around Flower Mound.

Then ol T. Boone can come on down to West Divide Creek and slake his thirst straight out of monitor well 23 -- if he's brave enough to believe, as industry claims, that it's perfectly safe.

Radio clips from KDNK:  http://www.kdnk.org/story.cfm?id=1328322463841

Here's another perspective on T. Boone's appreciation of natural gas:
WealthWire - February 10, 2012

http://www.wealthwire.com/aqx_p/25566?gclid=CM6pqqS0lK4CFYeK4AodC34_Lw

 

   

 


 

 

Judy Jordan - Garfield County's fired oil and gas liaison speaks out

My reply offers another pretty comprehensive rundown of issues to date... and they just keep coming.

 

 

   


A case study in how industry influence squelches the science of gas drilling impacts

By: Judy Jordan

February 09, 212

Excerpt: "The files I read seemed to suggest there had been some debates over the purpose of the Mamm Creek study, which was now carefully worded along the lines of seeking an understanding of the “conditions” there, yet not explicitly stating the obvious question:

Did EnCana cause contamination that had not been fully defined, and were oil and gas development practices likely to cause more contamination?

Clearly, we were walking a fine political line, trying to ameliorate the tensions between the industry and neighbors affected by their activities without alienating the industry."


My comments on the Earthjustice website, relative to Judy's Piece...

I appreciate Judy sharing her perspective on this issue. A more complete understanding of the history of regulatory failure surrounding West Divide Creek may provide additional context in support of Judy’s asserted frustrations. I will try to offer that here.

I suggested the position of oil and gas liaison as well the formation of an energy advisory board to Garfield County nearly a decade ago. While Garfield County formed those positions, I was naturally not accepted to the board as a citizen rep for my area. In fact, there has been an extraordinary, concerted and persistent effort to prevent study of West Divide Creek in any manner - particularly since the 2004 blowout, but even more so since the 2008 seep erupted. Given all of that, I was relieved when Judy was hired to the Garfield County post, since she brought a working understanding of both regulatory jurisdictions and geology. I knew that would be necessary as EnCana continued aggressively exploiting the region – with the support of both the COGCC and Garfield County’s Board of Commissioners.

Despite the fines from the 2004 event being applied - as Judy said - to a 3-phase hydro-geologic study, West Divide Creek has always been excluded from such study apart from EnCana's state-ordered, shallow and limited sampling program that is rarely if ever third-party verified, and sometimes goes unreported.

*The exception to this situation being a deep groundwater monitor (referenced by Judy in her piece above) installed by Garfield County – the results of which, as Judy reminds us, have yet to be revealed.

When data is reported but raises questions as to contamination in West Divide Creek, it is reliably disregarded by the industry and the COGCC, just as EnCana, the COGCC and other industry players demonstrated in their attack on Dr. Thyne for questioning the gas composition of water from the notorious monitor well 23 in his ‘analysis of West Divide Creek and review of the Phase II Hydrogeologic study.

Republicans at every level of governance fret and fume over the EPA’s role in safeguarding air and water resources… to the point of attacking the EPA’s scientific processes and findings anytime the EPA examines impacts arising from natural gas development. They’ve even threatening to dissolve the agency. But, the sad truth is, the EPA won't even get involved with West Divide Creek’s contamination. It seems entirely appropriate that the EPA would at least install a groundwater monitor at the site of the 2008 seep, especially since EnCana and the COGCC insist the seep has absolutely nothing to do with natural gas development. Okay, then... EPA… what is it?

Thus far, and despite my persistent requests to the contrary, West Divide has been excluded from *county, state and federal hydrogeologic study. It’s even been excluded from the EPA's latest effort to better understand the impacts of hydraulic fracturing. This is astonishing, because the Schwatrz well, mentioned in Judy's piece, is the only well I know of in the entire world where hydraulic fracturing was directly implicated in a blowout within official state hearing documents. It's as if West Divide Creek is regulatory Kryptonite and its secret radiating truth must remain entombed.

Speaking of radiation. After learning a couple of years ago about the risks of radiation to groundwater from natural gas operations, I continued to ask the COGCC to sample our water well which is just downstream of the 2004 Shwartz blowout. The 2004 main seep area is still active. It also remains unexplained by the COGCC or EnCana or anyone else, which is why the EPA really should have included the area in their new, 2012 fracking study. And they would have... West Divide Creek was to have been case study number two. But then, apparently, the very political advisory panel discouraged it.

The 2004 seep hydrogeology has never been examined for deep aquifer contamination, yet, it continues to express benzene and other toxins at levels far in excess of state standards into the shallow groundwater upstream of our well. So, I was naturally concerned about radioactivity.

The state was adamant radioactivity was not a problem. I tried to convince them otherwise, since this is the standard COGCC opinion on everything. No problem, they always say. In October of 2011, I sampled it myself. Problem. The water is radioactive. I've posted the results on my own website - and just about the only place historic and real revelations of impacts to West Divide Creek exist (journeyoftheforsaken.com).

Remember how I said before that the COGCC and industry seem to contest every finding of apparent impact? Well, back in 2008 I reported to the COGCC my documented observations of the 2008 seep erupting (the eruption occurred after the temporary moratorium was lifted and the COGCC and Garfield County allowed EnCna to resume drilling). Despite the COGCC’s early finding of diesel contamination where a black substance was bubbling out of the ground, the COGCC said it was all natural.

Knowing diesel could have been used in fracking, I asked the EPA to investigate. The EPA wouldn’t touch it. I asked for a groundwater monitor from the county, the state, the EPA, EnCana - anyone. No dice. Naturally, the COGCC and EnCana continued to largely ignore the problem.

I told the story on Gasland. The COGCC's response was to try to discredit me on their state website through their "Gasland correction document'. I persisted.

Finally, a partial investigation was launched, but only because trace thermogenic compounds were reported in a neighbor’s water well (more of the homologs Judy was talking about in her piece). Even though our area was excluded from the same 1-time soil and gas survey conducted by EnCana in other areas of Divide Creek in 2004 (from the 2004 blowout), EnCana did conduct one this time... as a part of the COGCC’s investigation which finally began in 2010.

I couldn’t believe West Divide Creek might finally receive a bit of scientific scrutiny, especially voluntarily… from EnCana, of all entities. But, then I came across documents published by EnCana and presented at an oil and gas industry association meeting, it appeared the reason for the effort and expense of a soil gas survey was to show pre-existing contamination in order to help absolve the company of any potential or pending liability associated with natural gas seeps that may arise in the future – as in… may arise when continued drilling and fracturing produce new or greater contamination to an area already impacted but denied to be the result of earlier drilling and fracturing. Lo’ and behold, the soil gas survey revealed more homologs; that is, thermogenic gas coming into the surface water of the creek, which of course, implied deeper contamination of the aquifer. In fact, the compounds and their amounts were nearly identical to those found in the neighbor's newly contaminated water well - and happened at nearly the same time as the 2008 seep.

Did the state actually do anything to help define the source or scope of that contamination? No. However, in trying to ascertain the source of the neighbor’s contamination (which the state saw as a completely separate incident – though they are only around a mile apart geographically) the COGCC ordered EnCana to pressure-test the Arbaney well (the one that blew out while drilling in 2003 and had been issued an NOAV - retracted on a technicality). That pressure test showed major mechanical integrity issues with that gas well. Did the COGCC order a pressure test the Schwartz well found responsible for the 2004 seep? No. How about any of the other gas wells that were drilled and fractured prior to and during the 2008 seep? No.

A general third-party engineering review of those wells, however, did lead to conclusions that there were critical problems with drilling, cementing and fracturing processes in the area. You might such a finding would prompt the COGCC to pressure test other wells – especially the Schwartz. After all, when EnCana shut that infamous Schwartz well in to make room for new wells on the same pad… that’s when bubbles started coming up in the creek.

But the state and EnCana once again ignored it. EnCana insisted it was frogs and even laughed about it. The state agreed. Even after the engineering report, did anyone finally install a ground water monitor at the site of the main 2008 seep? No. that entire area remains far outside the boundaries of any monitoring zone from 2004. Did the EPA show up? No. Did anyone acknowledge there was a seep that occurred in 2008 in West Divide Creek at all? No. Yet, the seep persists.

Rather than conduct reasonable measures to identify the source or scope of the continuing seep (such as a groundwater monitor would do) or stop any further contamination from occurring, or even try to explain the nature of the seep... rather than any of this… soon after this information of failures emerged, the COGCC approved EnCana's request (F12E pad) to drill and fracture directly into the 2004 seep hydrogeology - even without understanding why the 2004 / 2008 seeps were still active. Oh… but the COGCC assured me that they had issued yet another round of stipulations for EnCana to follow, so were sure the process would be safe. Sure.

Maybe the COGCC can tell me why every other round of after-impact adaptive stipulations have failed to protect the water from further contamination. If they can’t, I can. It’s not because I’m a genius. It’s because the COGCC and every other entity with authority or influence work very hard to ignore, mischaracterize and deny impacts when they occur. Obviously, this is going to present an inaccurate understanding of impacts, implicating variables and conditions as well as resultant failures.

Such an egregiously negligent approach has only produced additional and persistent contamination – most of which remains unexplained and… surprise… denied. That’s the one variable that has been consistent enough to allow me to predict failure. Time and again. Once EnCana begins fracking into the seeps, they themselves will reveal in a way no study ever could, in a way that only EnCana can exactly why fracking should be avoided – particularly within watersheds, anticlines and overly pressurized zones.

I had strongly and repeatedly contested the permit for the F12E pad for nearly a year during the "investigative" period noted above. Even without ever looking into the hydrology as a part of that investigation... and, in fact, actively resisting including such a component, the COGCC approved EnCana's permit. When employed with Garfield County, Judy Jordan had encouraged the COGCC to participate with Garfield County in finally attempting to understand the hydrologic and geophysical properties of the area of West Divide Creek involved in the seeps - particularly before drilling entered into that fragile and already compromised hydrogeology. It all became a game of delay and deny.

The COGCC had determined it was safe for EnCana to drill into the seep, yet, they insisted the investigation wasn't over. This alone was extremely frustrating given there was no scope of work or projected date relative to the COGCC's investigation. It’s as if it were fluid and designed to meet conveniently changing objectives… possibly beholden to the COGCC’s dual mandate of promoting industry while protecting human health and safety.

Even during the investigation, drilling continued unabated. I don’t think a criminal investigation would have been conducted in such a manner; but, where a small "commission" tasked with promoting both the industry and public health acts to bassackwardly but effectively oversee the Department of Natural Resources, state Department of Public Health and Environment and EPA, this is the result. Although... even the results of the state's investigation were repeatedly delayed. I pressed for the results. Shortly thereafter, Judy was terminated.

On January 09, 2012 EnCana began drilling the F12E pad into the seeps. Less than one month later and as reported by “Yellow Scene” on January 02, COGCC Director (and attorney) Dave Neslin resigned his post and went to work for a law firm which represents EnCana.

On February 06, 2012, I reported to Garfield County that drilling had begun on the F12E. Despite their purported regulatory attention to these matters, and despite my having physically appeared before that board at least eight physical times since 2009 asking for their assistance in this matter - the board was apparently clueless about the development. When I asked to see the data from *the deep groundwater monitor on the Lnagegger/TwinCreeks property near the 2008 seep site which Judy had noted in her piece above, I received a look of confusion and was told the data should be available. I assured the Commissioners I had looked on the county website and it was not. None of the County Commissioners have visited the area to review impacts from the two, still active seeps.

The oil and gas liaison which replaced Judy Jordan has scheduled a field tour this coming week to 'see where there are gaps in the County's understanding of the situation'. No offense to the new liaison, but c'mon. He may have a learning curve regarding West Divide Creek’s legacy catastrophe of regulatory neglect, but the board should not. While I have always demonstrated an interest in working with the county, state, EPA and industry to help inform them of events and impacts, it has reliably resulted in those entities better shoring their defense against my claims... not actively participating in correcting impacts, or preventing new ones.

Sadly, even as the folks in Dimock and Pavillion await a better fate in their similar situations, it doesn’t look likely to occur without a persistent battle for truth and justice.

 

   

 


 

 

On February 9th, 2012, I sent the EPA PDFs of all fifteen pages of this 2008 West Divide Creek Seep Chronology

 

 

     

In 2008, when the new seep in West Divide Creek emerged following the lifting of the  moratorium, I notified the EPA, the COGCC and the Colorado Department of Public Health and Environment. I also informed the Department of Wildlife and BLM.

Following, is the reply I received from the EPA:

For a long while this went nowhere, then in 2010 when the COGCC began looking into the thermogenic contamination of the Moon water well, I asked the EPA to join with the COGCC and county liaison, Judy Jordan, on a field tour whereby I offered to share (again) additional insight into the situation.

The EPA agreed, and had even joined me on a different occasion to observe the creek itself. But, those early efforts soon waned. Subsequent follow up phone calls led nowhere and despite assurances that the EPA was coordinating with the COGCC toward better oversight, I never saw evidence of such an effort actually materialize, let alone lead to any meaningful disclosure or investigation which might reveal the full truth behind the mounting and persisting impacts to West Divide Creek.

A groundwater monitor and sampling in the vicinity of the 2008 main seep area continued to be denied. At the suggestion of the EPA representative assigned my case, I even wrote a letter directly to Lisa Jackson asking for help.

Nothing. No reply... and really... no surprise.

Meanwhile, I worked to have West Divide Creek included in the 2012 EPA Hydraulic Fracturing study. Still... as previous pages of this chronology will show...  no dice.


Ian Urbina's March 03, 2011 New York Times article may help point to why.

Pressure Limits Efforts to Police Drilling for Gas

http://www.nytimes.com/2011/03/04/us/04gas.html?ref=ianurbina

An excerpt from that article: "More than a quarter-century of efforts by some lawmakers and regulators to force the federal government to police the industry better have been thwarted, as E.P.A. studies have been repeatedly narrowed in scope and important findings have been removed."


In 2011 I began hearing from folks on the east slope of Colorado about projected drilling operations. These people were extremely concerned for the health and safety of their families - especially knowing the legacy of regulatory failure behind West Divide Creek. They were now facing the same situation and risks now that urban areas and school properties had been targeted for drilling and, of course, hydraulic fracturing.

These folks were also concerned about the recent news of contamination in Pavillion Wyoming http://www.wfaa.com/news/local/fracking-fear-spreads-139058479.html and were perplexed as to why the EPA had failed to look into the West Divide Creek situation. After all, they reasoned, it's the same operator (EnCana)... it's another geologic anticline... but, this was Colorado, and they wanted to hear that the EPA was being responsive to Colorado contamination - especially in light of state regulatory failures. Unfortunately, I couldn't offer much reassurance.

During the course of subsequent conversations and meetings I learned from one woman looking into the matter that the West Divide Creek file at the EPA was purportedly virtually empty. Nothing to share from my reports of contamination dating back to 2008.

I don't know whether the file is empty or not, but an empty file certainly supports an absence of EPA concern for the groundwater and surface water of West Divide Creek.

As anyone reading this website might guess - no one person in a single lifetime can effectively ramrod the industry as well as all local, state and federal agencies with any level of authority fractured across a broken landscape of law and regulation... especially when it seems apparent there is a significant reluctance to uphold even those few regulation which might apply.

Nonetheless, on February 09, 2012, I sent all fifteen pages of my documented chronology of the 2008 seep to the EPA. Do I think it will result in any meaningful action to protect what is left of West Divide Creek.

In a word: No.

In two words: Hell no.

But I sent it anyway.

 

   

 



 

 

Other Relevant Links

 

 

   


A no-BS explanation of hydraulic fracturing and why it threatens groundwater
 
the admittedly sarcastic version
  the technical and more quotable version

Compare the 2004 Seep with the 2008 Seep with video  (scroll down to Video section)

Divide Creek Then - 2004 [Seep photos and information]

Divide Creek 'Now' - 2007 [Prior to the seep event of June 28, 2008]

Timeline of events [From January 2004 to present]

COGCC 2004 Divide Creek Seep Order (judgment) and Vital Exhibit showing faulting.  (in particular, you may find paragraphs 10, 20, 30 and 73 of interest).

Map of Drilling Area
(showing well locations, other fault lines, drilling schedules, etc)

Dr. Geoffrey Thyne's (of Science Based Solutions) presentation to Garfield County Re: "Sumary of PI and PII Hydrogeologic Characterization Studies - Mamm Creek Area, Garfield County, CO"  This key PowerPoint presentation and its companion conclusive report provide an outstanding perspective of the dynamics at play between the hydrology and the geology of this area in particular as it specifically relates to drilling operations and risks to water supplies. Please look for these links at the following addresses:

 
  Presentation - http://garfield-county.com/Index.aspx?page=1150

    Conclusions - http://garfield-county.com/Index.aspx?page=1149

Garfield County Incomplete List of Hydraulic Fracturing Constituents (with MSDS sheets)
http://garfield-county.com/Index.aspx?page=1279

    Glutaraldehyde Solution, 24%
    Glutaraldehyde
    Chloroxylenol
    Polyacrylamide
    BE-7™
    LiquiBlock™ 44-OC

    Poloxamer 181, Surfactant
    Acrylamide

    BioGuard Scale Inhibitor

Garfield County Gas Wells and Pipelines
(click "gas wells in Garfield County)
http://garfield-county.com/Index.aspx?page=594

COGCC Quarterly Complaint Reports
House Bill 07-1341, Section 34-60-104 Paragraph III requires the "COGCC to submit each quarter a report concerning the number of complaints received in the previous quarter."

    July 1, 2007 - September 30, 2007
    October 1, 2007 - December 31, 2007
    January 1, 2008 - March 31, 2008
    April 1, 2008 - June 30, 2008
    July 1, 2008 - September 30, 2008
    October 1, 2008- December 31, 2008
    January 1, 2009 - March 31, 2009
    April 1, 2009 - June 30, 2009
    July 1, 2009 - September 30, 2009
    October 1, 2009 - December 31, 2009

Analysis of the West Divide Creek Seep
prepared for Garfield County by Science based Solutions LLC
Author: Geoffrey Thyne PhD., P.G.
This is Dr. Thyne's cursory analysis of 2008 Divide Creek Seep conditions. And in part, the substance for which he was dog-piled by the COGCC and industry operators at the Glenwood Springs hearing in 2009.
http://garfield-county.com/Index.aspx?page=1401

 

   

 

 

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