HomeMy WebLinkAbout20170035LETTER OF CONCERN RESPONSE FORM
DEPARTMENT: Planning
DEPARTMENT HEAD: Tom Parka
DATE LETTER RECEIVED: September 20. 2016
LETTER RECEIVED FROM: Dennis J. Hoshiko: Hoshiko Land. LLC
LETTER RECEIVED VIA: _ Email
EMAIL/MAILING ADDRESS: dhoshiko(vahoo.com
* * * PLEASE RESPOND WITHIN THREE DAYS. IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL. * * *
RECOMMENDED ACTION:
METHOD OF RESPONSE:
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Letter (Attached)
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No Response (Explain)
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Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Categories:
Dennis Hoshiko <dhoshiko@yahoo.com>
Tuesday, December 06, 2016 2:06 AM
Bruce Barker; Tom Parko Jr.
Barbara Kirkmeyer; Sean Conway; Mike Freeman; Steve Moreno; Julie Cozad; Esther Gesick;
Hunter Hoshiko; William F. Garcia; Brett Payton; Catherine Sweeney
Re: Weld County Pipeline Regulation Recommendations
Letter to Mr. Bruce Barker and Mr. Tom Parko, Jr. (09-20-2016).docx
Red Category
My warmest greetings to all of you,
It has been nearly three months since I sent you the attached letter, which I believe if acted upon,
would remedy the costly and unpleasant problem of certain pipeline companies who threaten to
condemn easements across private lands when they find it advantageous to do so.
I have been under the impression that the general election and the Thanksgiving holiday, coupled
with all of the work that was been done relative to the enactment of the Weld Oil and Gas Location
Assessment ordinance last week were reasons that a response to my proposal has not been
forthcoming. However, since all of those events are now behind us, I am compelled to ask whether
Weld County is still willing to consider additional ideas concerning the regulation of pipelines within it's
jurisdiction, as I and others were led to believe would happen before year end. Accordingly, I look
forward to hearing from you regarding this question soon.
Very respectfully yours,
Dennis Hoshiko
(970)381-1161
On Tuesday, September 20, 2016 9:20 AM, Dennis Hoshiko <dhoshiko@yahoo.com>wrote:
September 20, 2016
Mr. Bruce Barker
County Attorney
1150 0. St.
Greeley, CO 80631
Mr. Tom Parko, Jr.
DENNIS J. HOSHIKO
1811 38th Avenue
Greeley, CO 80634
(970)330-8780
dhoshiko@yahoo.com
1
DENNIS J. HOSHIKO
1811 38th Avenue
Greeley, CO 80634
(970)330-8780
dhoshiko@yahoo.com
September 20, 2016
Mr. Bruce Barker
County Attorney
1150 O. St.
Greeley, CO 80631
Mr. Tom Parko, Jr.
Planning Department Director
1555 N. 17th Ave.
Greeley, CO 80631
Re: Weld County Pipeline Regulation Recommendations
Dear Bruce and Tom,
Thank you for spending time with me last week. The purpose of this letter is to summarize our
conversations about my recommendations to the Board of County Commissioners regarding Weld
County pipeline regulations.
First, both C.R.S. 24-65.1-101, also known as the Areas and Activities of State Interest Act, and Section
C.R.S. 29-20-101, also known as the Local Government Land Use Control Enabling Act, vest local
governments with the authority and jurisdiction to regulate land use. Pipelines significantly and
permanently affect land use because structures and certain forms of infrastructure are prohibited from
being constructed over or near pipelines. Accordingly, because pipelines affect land use, Weld County
has the authority and jurisdiction to regulate pipelines.
Second, the Colorado Constitution mandates that the natural resources of the state be used and
managed in ways that prevent them from being damaged or wasted. Land is a natural resource, and
since Weld County is the subdivision of state government vested with the authority and jurisdiction to
regulate land use, Weld County is also responsible to regulate land use in ways that prevent land from
being damaged or wasted.
Third, since land can be damaged and wasted when a pipeline is constructed, Weld County should
require that pipeline companies submit an application to Weld County for a permit to construct
pipelines for Weld County's review and approval before pipelines are constructed.
Mr. Bruce Barker and Mr. Tom Parko, Jr.
September 20, 2016
Page 2
Forth, before Weld County issues a pipeline construction permit, pipeline companies should first
provide evidence to Weld County that the pipeline company has entered into (an) agreement(s) with
the owner(s) of the land(s) upon which the proposed pipeline is to be constructed, whereby said land
owner(s) has/have granted the pipeline company (an) easement(s) for the pipeline company to
construct the pipeline. In the absence of such (an) agreement(s), the pipeline company should post
collateral with Weld County that conforms to the provisions of C.R.S. 38-1-101.5 which requires a
pipeline company who has not been granted (an) easement(s) from the owner(s) of the land(s) upon
which the pipeline is to be constructed to post collateral that is "equal to double the amount of the
estimated cost of restoring the affected land to the same or as good a condition as it was in prior to the
installation of the pipeline." (actual statutory wording)
Fifth, once said collateral has been posted by the pipeline company with Weld County, Weld County
can then issue the pipeline company a pipeline construction permit and the pipeline company may
begin constructing the pipeline. Subsequent to Weld County's issuance of a pipeline construction
permit, if the pipeline company shows evidence to Weld County that the pipeline company has
entered into (an) agreement(s) with the owner(s) of land(s) the pipeline company did not have a
pipeline easement agreement with which caused the pipeline company to post said collateral with
Weld County, then said collateral may be released by Weld County back to the pipeline company.
Sixth, if the pipeline company does not enter into an agreement for a pipeline easement with (all of)
the owner(s) of land(s) the pipeline is to be constructed upon, then C.R.S. 38-1-101.5 requires the
pipeline company to appeal to the District Court for the condemnation of said easement(s) before the
pipeline can be constructed upon such land(s). In that/those event(s), the collateral that the pipeline
company posted with Weld County to satisfy Weld County's pipeline construction permit requirements
may be transferred by Weld County to the District Court in accordance with C.R.S 38-1-101.5.
Finally, in order to avoid the unnecessary regulation of pipelines that have been approved by private
contractual agreements (such as most oil and gas leases), these proposed Weld County pipeline
construction permit requirements should only apply to any pipeline of any size or pressure rating for
the conveyance of any substance that is constructed upon land(s) from which said substance(s) do not
originate.
Thank you for your time and consideration.
Respectfully,
Oeirr4' l% #otfi/EO
Dennis J. Hoshiko
Cc: Weld County Board of County Commissioners
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Categories:
Tom,
Dennis Hoshiko <dhoshiko@yahoo.com>
Tuesday, December 06, 2016 12:44 AM
Tom Parko Jr.
Barbara Kirkmeyer; Sean Conway; Mike Freeman; Steve Moreno; Julie Cozad; Bruce Barker;
Esther Gesick; William F. Garcia; Brett Payton
Re: Request for copy of O&G ordinance(s)
Red Category
Evidently, the new WOGLA ordinance does not include any storm water detention requirements. This
is very disappointing because as I reported to you, the lack of storm water management on the multi -
well mega -sites that are now the industry standard in Weld County has been a very serious, ongoing
and costly problem for my family and many other landowners. Whatever state regulations may exist,
they do not adequately address this issue, and it was my hope and expectation that the county would
protect it's citizens accordingly.
Yours,
Dennis
On Monday, December 5, 2016 3:16 PM, Tom Parko Jr. <tparko@co.weld.co.us>wrote:
Dennis,
Good afternoon. Oil and gas locations under our new WOGLA process are exempted from local
storm water detention requirements. We exempted this requirements because the CDPHE (Colorado
Department of Public Health and Environment) requires storm water discharge permits under the
Water Quality Control Division. Typically operators will certify under an area permit covering multiple
sites and access roads in a particular geographic area.
Oil and Gas well sites are exempt from having to get grading permits under Section 8-12-30 Section
D. Exemptions 5 of the Weld County Code (WCC). Site preparation for an oil or gas drill site/well pad
approved by the Colorado Oil and Gas Conservation Commission is exempt from Grading Permit
requirements. However, within MS4 areas of Weld County, the County is required to do inspections
as follows: The CDPS MS4 Permit requires Weld County to inspect all state -permitted construction
sites within MS4 boundaries during construction, verifying the site complies with the SWMP plan. Oil
and Gas is exempt from post -construction inspections.
As long as an operator has their COGCC 2A prior to pad build they are not required to get a Weld
County Grading Permit. We can ID locations within the County's MS4 boundary (maybe a check box
for MS4) if Public Works actually conducts these inspections.
1
- •
Sincerely,
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
.0I
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Dennis Hoshiko [mailto:dhoshiko@yahoo.com]
Sent: Monday, December 05, 2016 10:07 AM
To: Tom Parko Jr. <tparko@co.weld.co.us>
Subject: Fw: Request for copy of O&G ordinance(s)
Good morning Tom,
In my cursory review of the Weld O&G Location Assessment ordinance enacted last week, I cannot
readily see where the matter of O&G well production site storm water detention is required. Please
let me know if that issue was covered in the regulation, and if so, where.
Thanks,
Dennis
On Monday, December 5, 2016 9:33 AM, Esther Gesick <egesickco.weld.co.us> wrote:
Good Morning Dennis,
Please see the attached Ordinance for your review, and let me know if you need anything else.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street) P. 0. Box 7581 Greeley, CO 80632
2
tel: (970)_400-4226
..1/471
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
I
From: Dennis Hoshiko mailto:dhoshiko@yahoo.com]
Sent: Sunday, December 04, 2016 8:49 AM
To: Esther Gesick <egesick@co.weld.co.us>
Subject: Request for copy of O&G ordinance(s)
Good morning Ester,
How can I a copy of the ordinance(s) regulating oil and gas operations that was passed by the Board
of County Commissioners last week?
Thanks,
Dennis Hoshiko
3
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY, COLORADO 80632
December 21, 2016
Hoshiko Land, LLC
Attention: Dennis J. Hoshiko
P.O. Box 119
Kersey, CO 80644
RE: RESPONSE TO WELD COUNTY PIPELINE REGULATION RECOMMENDATIONS
To Whom It May Concern:
Thank you for contacting the Weld County Clerk to the Board's Office in service of the Weld
County Board of Commissioners. We have received your letter of concern and are processing it.
The issue you raised is under the jurisdiction of the Weld County Department of Planning. The
department head, Tom Parko, is directly accountable to the Weld County Board of
Commissioners. Your letter is being forwarded to both the County Commissioners and the
department head of Planning. You can expect a response shortly. Once your letter of concern
has been reviewed, the letter itself and the Weld County response will be listed on the Weld
County Board of Commissioner's agenda as a communications item.
You can reach the Department of Planning at (970) 356-4000, extension 3520.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4225.
Very truly yours,
aJ titix...\NC
Chloe A. Rempel
Deputy Clerk to the Board
crempel@weldgov.com
cc: PL (TP)
CA (BB/BC)
BOCC
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Chloe,
Tom Parko Jr.
Wednesday, December 21, 2016 10:55 AM
Chloe Rempel
Bruce Barker; Esther Gesick
RE: LETTER OF CONCERN - Dennis Hoshiko
I will forward this over to Commissioner Cozad. She was going to talk to the rest of the Commissioners and
then contact Mr. Hoshiko via phone. I am trying to wrap some things up before heading out on vacation. Will
be back in the office December 2811'. I copied Bruce and Esther on this because Bruce has been privy to the
conversations with Mr. Hoshiko.
Thanks.
.alp s.
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile.• 970-302-5333
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Chloe Rempel
Sent: Wednesday, December 21, 2016 10:51 AM
To: Tom Parko Jr. <tparko@co.weld.co.us>
Subject: LETTER OF CONCERN - Dennis Hoshiko
Hi Tom,
Please see the attached letter of concern and response form. The packet of information has been submitted to the
Board for concurrent review. Please send me your response plan within three business days. I will then submit your
response plan to the Board for review. If they approve it, you are welcome to then send the response to Mr. Hoshiko,
and I will list it as an item of communications on the agenda.
Thank you
1
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Attachments:
Commissioner,
Tom Parko Jr.
Wednesday, December 21, 2016 10:59 AM
Julie Cozad
Bruce Barker; Esther Gesick; Chloe Rempel
FW: LETTER OF CONCERN - Dennis Hoshiko
Hoshiko Letter of Concern - 2.pdf
Good morning. I received these em.ails from Mr. I-Ioshiko and Bruce and I have met with him on a couple of
occasions. I have also replied to Mr. Hosh.ik.o via an email a few weeks backregarding the WOGI.A process. I
think were we left this off was that you were going to call Mr. Hoshiko directly. I am getting ready to leave for
vacation and will be back on the 28th. Bruce is also familiar with this correspondence.
Sincerely,
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error/ please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Chloe Rempel
Sent: Wednesday, December 21, 2016 10:51 AM
To: Tom Parko Jr. <tparko@co.weld.co.us>
Subject: LETTER OF CONCERN - Dennis Hoshiko
Hi Tom,
Please see the attached letter of concern and response form. The packet of information has been submitted to the
Board for concurrent review. Please send me your response plan within three business days. I will then submit your
response plan to the Board for review. If they approve it, you are welcome to then send the response to Mr. Hoshiko,
and I will list it as an item of communications on the agenda.
1
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Julie Cozad
Wednesday, December 21, 2016 11:45 AM
Tom Parko Jr.
Bruce Barker; Esther Gesick; Chloe Rempel
RE: LETTER OF CONCERN - Dennis Hoshiko
I talked to Dennis. Call me Tom and I can let you know what we discussed.
Sent from my Verizon Wireless 4(1 LTE smartphone
Original message
From: "Tom Parko Jr." <tparko@co.weld.co.us>
Date: 12/21/16 10:58 AM (GMT -07:00)
To: Julie Cozad <jcozad@co.weld.co.us>
Cc: Bruce Barker <bbarker@co.weld.co.us>, Esther Gesick <egesick@co.weld.co.us>, Chloe Rempel
<crempel@co.weld.co.us>
Subject: FW: LETTER OF CONCERN - Dennis Hoshiko
Commi ssi.oner,
Good morning. I received these emai.ls from Mr. Hoshiko and Bruce and I have met with himon a couple of
occasions. I have also replied to Mr. Hoshiko via an email a few weeks back .regarding the WOGLA process. I
think were we left this off was that you were going to call Mr. Hoshiko directly. I am getting ready to leave for
vacation and will be back on the 28th. Bruce is also familiar with this correspondence.
Sincerely,
Sincerely,
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-400-3572
Mobile: 970-302-5333
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
1
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
I think communication is fine.
Julie Cozad
Wednesday, December 21, 2016 12:13 PM
Chloe Rempel; Tom Parko Jr.
Bruce Barker; Esther Gesick
RE: LETTER OF CONCERN - Dennis Hoshiko
Sent from my Verizon Wireless 4G LTE smartphone
r
Original message
From: Chloe Rempel <crempel@co.weld.co.us>
Date: 12/21/16 11:49 AM (GMT -07:00)
To: Julie Cozad <jcozad@co.weld.co.us>, "Tom Parko Jr." <tparko@co.weld.co.us>
Cc: Bruce Barker <bbarker@co.weld.co.us>, Esther Gesick <egesick@co.weld.co.us>
Subject: RE: LETTER OF CONCERN - Dennis Hoshiko
Julie,
Do you still want me to follow our normal procedures for letters of concern, or do we not need to list this as an item of
communications?
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4225
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Julie Cozad
Sent: Wednesday, December 21, 2016 11:45 AM
1
IN REFERENCE TO A LETTER OF CONCERN.
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