2. A couple of rock cheek dams also need maintaining. It was noted that stormwater was bypassing the rock check dams.

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1 December 21, 2009 George Sheffer Southwestern Energy Company P.O. Box 789 Conway, AR RE: Hart 09-06, #1-31 H, WG-P Dear Mr. Sheffer: On December 14, 2009, Dawn Keller and I performed an inspection of the above referenced drilling site in accordance with the provisions of the Arkansas Water and Air Pollution Control Act and the regulations promulgated thereunder. The inspection revealed the following issues: 1. Silt fencing needs to be checked regularly. Several deficiencies were noted including a location where water was traveling under the silt fence and offsite and an area where stormwater was bypassing the end of the silt fencing. 2. A couple of rock cheek dams also need maintaining. It was noted that stormwater was bypassing the rock check dams. 3. The secondary containment around the frac tanks also needs to be maintained. In one location the containment wall was down and fluids were being released onto the ground. The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner Water Division Enforcement Branch Manager of this Department. This response should contain documentation describing the course of action taken to correct the item noted. This corrective action should be completed as soon as possible, and the written response is due by January 6, 2009 If I can be any assistance, please contact me at Sincerely, Lindsay Stoker Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch

2 ADEQ O&G Pit Inspection Form Date of Inspection : 12/14/09 Inspector: Lindsay Stoker Operator: Drilling Contractor: Southwestern Energy Company Coordinates: Drilling Pad Name & No.: Hart #1-31H State Permit # WG-P On Site Contact Person: n/a Phone #: n/a DETAILS County: White AFIN: Stage of Well Development: Construction of Pad Air Drilling Water Base Mud Drilling Oil Base Mud Drilling Well completion Well Finished SECTION A: Drilling Pad 1. Evidence of sediment runoff from the drilling pad or well site observed in waters of the state? 2. At the time of inspection, was evidence observed of Reg. 2 turbidity standards being exceeded? 3. Has the Operator implemented erosion and sediment controls in place to minimize sediment runoff from occurring? 4. Has Operator prepared a storm water erosion and sediment control plan or guidance document? 5. Does it appear that the erosion and sediment controls are being maintained in good operating condition? 6. At the time of the inspection was there evidence that the site had any oil/fluid spills? a. If so, were the spills properly contained, cleaned, and disposed of? b. Has the spill been reported to ADEQ? 7. Did any rerouting, filling, or channelization of any water of the state occur during drilling pad construction? a. If so, was proper authorization received? b. Evidence of any Reg. 2 violations due to construction of the drilling pad? 8. Does it appear that chemicals used in the drilling process are being stored on site properly? SECTION B: Pits and Drilling Fluids 1. At the time of the inspection was the pit or pits covered under an active permit? 2. At the time of the inspection did it appear the pit or pits meet the construction requirements as required in the permit Part II, Section A item 1? 3. If containers are used for circulation pits or mud pit, are they being maintained in a leak free state? 4. At the time of inspection, is there any evidence that the pit was not constructed with the appropriate liner? (i.e. 20 mil Synthetic Liner, Compacted Clay Liner, and/or Bentonite Liner) 5. Are there any evidence at the time of inspection, that the reserve pit is not structurally sound? ( i.e. cracks/holes in levees and/or tears/holes in liners) 6. Is there any indication that seepage is coming from pad or pit 7. At the time of the inspection was there any evidence that any pit fluids has been discharged onto the ground or into waters of the state from the pit or from drilling pad? a. If so, has the discharge been reported b. Has the fluid been properly contained, cleaned up, sampled, and disposed of? 8. Is a 2 ft. minimum freeboard being maintained in the pit? 9. Any evidence noted at the time of inspection, that the pit contained unapproved fluids or materials? (i.e. waste oil, hydraulic or completion fluids, trash, or any Nonhazardous Oilfield Waste) 10. According to on site contact person how and where are fluids disposed? a. Carrier : b. Destination: c. Type of Disposal: SECTION C : Closed out Water Based Drilling Fluids Pit Date well was finished: 1. Have all drilling fluids and/or solids been removed from the reserve pit? 2. Does it appear that the pit has been properly closed and seeded? 3. Has the Operator submitted a completed Statement of Disposition and NOT within 30 days of closure of pit? Comments: Some silt fences need maintenance. Stormwater is bypassing rock check dams and some stormwater is bypassing the silt fence and leaving the drilling area. Secondary containment around frac tanks is not being maintained. Arkansas Department of Environmental Quality Date Report: 12/14/09 Inspector: Lindsay Stoker DW Arkansas Dept. Environmental Quality

3 Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Location: Hart 1-31H well on Hart Rd Photographer: Lindsay Stoker Witness: Dawn Keller Photo # 1 Of 5 Date: 12/14/09 Time: 1:57 Description: Restabilization is necessary where seeding didn t take. Photographer: Lindsay Stoker Witness: Dawn Keller Photo # 2 Of 5 Date: 12/14/09 Time: 2:01 Description: Water bypassing rock check dam.

4 Location: Hart 1-31H well on Hart Rd Photographer: Lindsay Stoker Witness: Dawn Keller Photo # 3 Of 5 Date: 12/14/09 Time: 2:02 Description: Silt fence maintenance necessary Photographer: Lindsay Stoker Witness: Dawn Keller Photo # 4 Of 5 Date: 12/14/09 Time: 2:05 Description: Water coming out under the silt fence.

5 Location: Hart 1-31H well on Hart Rd Photographer: Lindsay Stoker Witness: Dawn Keller Photo # 5 Of 5 Date: 12/14/09 Time: 2:08 Description: Secondary containment is not contained or maintained

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12 February 18, 2010 Mr. Sonny Bryan, Vice President DeSoto Operations Southwest Energy Company P.O. Box 789 Conway, AR RE: Hart 09-06, # 1-31 H, WG-P Dear Mr. Bryan: The Department has received your response dated January 11, 2010 to the December 14, 2009 compliance inspection of the above referenced drilling site by District Field Inspector Lindsay Stoker. Your letter appears to adequately address the discrepancies identified during the inspection. The Department assumes the corrective action taken will be maintained to ensure consistent compliance with the requirements of the permit. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. The Department will keep the inspection and response on file. If future violations occur that require enforcement action, the Department will consider the inspection and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your facility and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at bevill@adeq.state.ar.us. Sincerely, Tracy Bevill Enforcement Analyst Water Division Enforcement Branch