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Hi Esther and Cheryl,
j&ci o? - il10 & 5;
Michelle Martin
Monday, July 18, 2016 2:58 PM
Bruce Barker; Tom Parko Jr.; Esther Gesick; Cheryl Hoffman
Bob Choate; Frank Haug; Karin McDougal
RE: Pipelines USR Notification
Code Change oil and gas pipelines_07.18.16.docx
Follow up
Flagged
1/4/60
I modified the proposed code language based on Mr. Jones comments. It appears the notice will also need to be
modified. Let me know if you have any questions.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us <ma ilto:mmartin@co.weld.co.us>
PHONE: (970) 400-3571
FAX: (970) 304-6498
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: Bruce Barker
Sent: Friday, July 15, 2016 4:02 PM
To: Tom Parko Jr. <tparko@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>
Cc: Bob Choate <bchoate@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Karin McDougal
<kmcdougal@co.weld.co.us>
Subject: Pipelines USR Notification
1
See the attached from Chuck Jones. He is retired now, but says he has a habit of reading our legal notices. The
notification requirement for pipelines in Section 23-2-470 B.5. uses the word, "either." Chuck says he thinks we meant
"each." His explanatory references make sense and I would agree we should change "either" to "each."
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and 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.
2
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23
SECTIONS) PROPOSED TO BE MODIFIED: See below
RATIONALE FOR MODIFICATION:
The proposed change is specific to pipelines. The County Commissioners requested that modifications to
pipelines be acted on independent of Ordinance 2015-26.
PROPOSED MODIFICATION:
Changes to Section 23-1-90 — Definitions.
PIPELINE: Any pipe ine anc appurtenant -aci ities designee for, or capable of, transporting natural gas or
other petroleum derivatives ten (10) inches in diameter or larger and creates a hoop stress of twenty
percent (20%) or more at their specified minimum yield strength.
PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting natural gas
which is twelve (12) inches in diameter or larger, as measured from the outside of the pipeline, and is
designed to operate at a hoop stress of twenty percent j20%) or more at their specified minimum yield
strength SMYS), as shown on construction plans or diagrams.
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: Any pipeline and appurtenant facilities
capable of transporting any other petroleum derivatives which is thirteen '13) inches in diameter or larger,
as measured from the outside of the pipeline, regardless of hoop stress.
Changes to various sections in Article Ill — Zone Districts:
Agricultural
Sec. 23-3-40. - Uses by special review.
Sec. 23-3-40.MM - PIPELINE — NATURAL GAS
Sec. 23-3-40.NN - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
ESTATE
Sec. 23-3-430. - Uses by special review.
Sec. 23-3-430.N - PIPELINE - NATURAL GAS
Sec. 23-3-430.O - PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
11 Page
COMMERICAL
C-1 (Neighborhood Commercial) Zone District.
Sec. 23-3-210.D.13 - PIPELINE — NATURAL GAS
Sec. 23-3-210.D.14 - PIPELINE --- PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
C-2 (General Commercial) Zone District.
Sec. 23-3-220.D.11 - PIPELINE -- NATURAL GAS
Sec. 23-3-220.D.12 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
C-3 (Business Commercial) Zone District.
Sec. 23-3-230.D.12- PIPELINE — NATURAL GAS
Sec. 23-3-230.0.13- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
C-4 (Highway Commercial) Zone District.
Sec. 23-3-240.D.7 - PIPELINE — NATURAL GAS
Sec. 23-3-240.0.8 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
INDUSTRIAL
I-1 (Industrial) Zone District
Use by Special Review
Sec. 23-3-310.D.12- PIPELINE — NATURAL GAS
Sec. 23-3-310.D.13- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
1-2 (Industrial) Zone District.
Sec. 23-3-320.D.20 - PIPELINE — NATURAL GAS
Sec. 23-3-320.D.21 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
1-3 (Industrial) Zone District.
Sec. 23-3-330.D.22 - PIPELINE — NATURAL GAS
Sec. 23-3-330.D.23 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
2 Rage
RESIDENTAIL
R-1 (Low -Density Residential) Zone District.
Sec. 23-3410.D.12- PIPELINE — NATURAL GAS
Sec. 23-3-110.D.13- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
Sec. 23-2-470. - Duties of department of planning services.
5 For pipeline projects one (1) mile or less, NRctice of application for a PIPELINE shall be given tote+
sirface property owners withinfor five -one hundr''d fifty (15500) feet on eachither side of the centerline
or the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real
property proposed to be physically disturbed or crossed by the activity or development which is the
subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before
the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such
list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect
in the hearing process even if such error results in the failure of a surrounding property owner to receive
such notification.
Applicants for a PIPELINE which is more than one (1) mile in length shall advertise the hearing at least
once in the newspaper designated by the Boat of County Commissioners for publication of notices a
minimum of ten (10) days arior to tie anning Commission nearing date. The aevertisement sin I contain
a map displaying the proposed route, along with both the Planning -Commission and the Board of County
Commissioners hearing dates, a description of the hearing, time, date and location.
Division 6 — USE by Special Review Permits for PIPELINES
In Division 6 anywhere is states PIPELINES changes to say PIPELINE — NATURAL GAS and PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
Wage
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
1/1/./(4e
CHAPTER TO BE MODIFIED: Chapter 23
SECTION(S) PROPOSED TO BE MODIFIED: See below
RATIONALE FOR. MODIFICATION:
The proposed change is specific to pipelines. The County Commissioners requested that modifications to
pipelines be acted on independent of Ordinance 2015-26.
PROPOSED MODIFICATION:
Changes to Section 23-1-90 — Definitions.
PIPELINE: Any pipe km and appurtenant =aci ities eesignec for, or capab e of, transporting natura gas or
other petro eum cerivatives ten (10) inches in ciameter or arger and creates a hoop stress of twenty
percent e20%) or more at t ieir specified minimum yie d strengt �.
PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting natural gas
which is twelve (12) inches in diameter or larger, as measured from the outside of the pipeline, and is
designed to operate at a hoop stress of twenty percent (20%) or more at their specified minimum yield
strength (SMYS% as shown on construction plans or diagrams.
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: Any pipeline and appurtenant facilities
v capable of transporting any other petroleum derivatives which is thirteen (13; inches in diameter or larger,
as measured from the outside of the pipeline, regardless of hoop stress.
Changes to various sections in Article ill Zone Districts:
Agricultural
Sec. 23-3-40. - Uses by special review.
Sec. 23-3-40.MM - PIPELINE — NATURAL GAS
Sec. 23-3-40.NN - PIPELINE— PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
ESTATE
Sec. 23-3-430. - Uses by special review.
Sec. 23-3-430.N - PIPELINE — NATURAL GAS
Sec. 23-3-430.O - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
1 'page
COMMERICAL
C-1 (Neighborhood Commercial) Zone District.
Sec. 23-3-210.D.13 - PIPELINE — NATURAL GAS
Sec. 23-3-210.D.14 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
C-2 (General Commercial) Zone District.
Sec. 23-3-220.1.11- PIPELINE — NATURAL GAS
Sec. 23-3-220,1.12 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
C-3 (Business Commercial) Zone District.
Sec. 23-3-230.O.12- PIPELINE — NATURAL GAS
Sec. 23-3-230.D.13- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
C-4 (Highway Commercial) Zone District.
Sec. 23-3-240.D.7 - PIPELINE — NATURAL GAS
Sec. 23-3-240.118 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
INDUSTRIAL
I-1 (Industrial) Zone District
Use by Special Review
Sec. 23-3-310.O.12- PIPELINE — NATURAL GAS
Sec. 23-3-310.1113- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
1-2 (Industrial) Zone District.
Sec. 23-3-320.1.20 - PIPELINE — NATURAL GAS
Sec. 23-3-320.1.21- PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
1-3 (Industrial) Zone District.
Sec. 23-3-330.O.22 - PIPELINE — NATURAL GAS
Sec. 23-3-330.O.23 - PIPELINE — PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
Wage
RESIDENTAIL
R-1 (Low -Density Residential) Zone District.
Sec. 23-3-110.D.12- PIPELINE - NATURAL GAS
Sec. 23-3-110.D.13- PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS
Sec. 23-2470. - Duties of department of planning services.
5. For pipeline projects one (1) mile or less, Nnotice of application for a PIPELINE shall be given toter
surface property owners withinfor five one hundred fifty (15500) feet on either side of the centerline of
the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real
property proposed to be physically disturbed or crossed by the activity or development which is the
subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before
the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such
list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect
in the hearing process even if such error results in the failure of a surrounding property owner to receive
such notification.
App icants for a PIPEL NE w ilc i is more t ian one f 1+ ml e in engt i s is acvertise tie rearing at east
once in t le newspaper cesignatec, by tie Boarc of County Commissioners for pub ication of notices a
minimum of ten (10' days prior to the P anning Commission hearing date. Tie acvertisement sia contain
a map disp aying tie proposes route, a ong wit i bot i tie P anning Commission ane tie Board of County
Commissioners hearing dates, a description of the hearing, time, date and location.
Division 6 — USE by Special Review Permits for PIPELINES
In Division 6 anywhere is states PIPELINES changes to say PIPELINE — NATURAL GAS and PIPELINE —
PETROLEUM PRODUCTS OTHER THAN NATURAL GAS.
3IPage
EXHIBIT INVENTORY CONTROL SHEET
ORDINANCE 2016-07
Exhibit Submitted By Description
Dennis Hoshiko
1811 38th Avenue
A. Greeley, CO 80634
Proposed changes to WC Code Ordinance
2016-07 to be considered on Monday, July 25, 2016
At 9:00am — Dated 07/15/2016
Proposed changes to WC Code Ordinance 2016-07
B Dennis Hoshiko To be considered on Monday, 07/25/16 a6t 9am
Proposed wording for Weld County Code Ordinance
C Dennis Hoshiko 2016-07 presented at the 07/25/16 Board meeting
Proposed wording for Weld County Code Ordinance
D Dennis Hoshiko 2016-07 presented at the 07/25/16 Board meeting.
E Dennis Hoshiko Letter of Concern dated 08/07/2016
F Hunter Hoshiko Letter from Dennis Hoshiko 08/15/2016
G.
H
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K
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Q.
R.
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2016-2154
Esther Gesick
num.
Sent:
To:
Cc:
Subject:
Commissioners,
Tr.rr. De,rlrr1/4 Ir
r?al INV v1.
Thursday, July 21, 2016 2:55 PM
Sean Conway; Barbara Kirkmeyer; Steve Moreno; Julie Cozad; Mike Freeman
Esther Gesick; Bruce Barker; Jay McDonald
RE: Proposed changes to Weld County Code Ordinance 2016-07 to be considered on
Monday, July 25, 2016 at 9:00 a.m.
I met with Mr. Hoshiko this afternoon and we talked about the pipeline regulations. Generally speaking, Mr.
Hoshiko likes the proposed language and appreciates the County's approach. With that said, Mr. Hoshiko has
some concerns with increasing the diameter of the lines from 10" to 12" for natural gas and 13" for oil or other
petroleum derivatives. I explained that the reason we bumped these numbers up is to avoid capturing the flow
lines and gathering lines from the producing wellhead to the tank batteries. The industry cited that new
technology requires larger flow lines and gather lines to carry crude to centralized facilities like the COSF
facility on CR 49 and CR. 30. Mr. Hoshiko understands that technology drives a lot of the changes, but still has
concerns that companies can install smaller lines w/o obtaining a USR.
Second reading on proposed Ordinance 2016-07 is on Monday. Mr. Hoshiko stated that he will be present for
2nd reading and will express his concerns with the size of the pipelines. He might even have some suggested
language. If I get any proposed changes from Mr. Hoshiko prior to Monday I will circulate them.
Finally, Mr. Iloshiko expressed some concerns with how PW issues ROW permits to operators specific to bore
crossings. He says that when the County issues a bore permit the pipelines not only cross ROW, but they also
cross irrigation easements within the ROW that are prescriptive. He indicated that the pipelines can damage the
irrigation ditches and canals than run parallel to the road, .1 told Mr. Hoshiko to get with Jay in PW, but he
might bring this up on Monday with you all.
Have a great rest of the week.
Regards,
Tom Parka, 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
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: Friday, July 15, 2016 7:26 PM
To: Sean Conway <sconway@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Steve Moreno
<smoreno@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>
Cc: Tom Parko Jr. <tparko@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us>; Hunter Hoshiko
<hunterhoshiko@gmail.com>
Subject: Proposed changes to Weld County Code Ordinance 2016-37 to be considered on Monday, July 25, 2016 at S:uu
a.m.
DENNIS J. HOSHIKO
1811 38th Avenue
Greeley, CO 80634
(970)330-8780
dhoshiko@yahoo.com
July 15, 2016
Weld County Board of County Commissioners
1 150 O. Street
Greeley, CO 80631
Re: Proposed changes to Weld County Code Ordinance 2016-07 to be considered on Monday, July
25, 2016 at 9:00 an.
Dear WCBOCC,
During my nearly 40 -year career as an agricultural and commercial real estate property manager and
operator, I have been responsible for overseeing nearly 5,000 acres of land situated in the
extensively developed oil and gas producing area of north -central Weld County. Over the course of
that period, a substantial amount of my time has been spent negotiating and granting numerous
pipeline easements to many different oil and gas industry -related entities.
In my lengthy experience, pipeline owner -operators have generally sought to encimber more land
with easements that are wider than they need to safely construct and operate their
pipelines. Frequently, they have threatened to exercise their perceived right of eminent domain in
order to obtain pipeline easements, often forcing myself and other affected landowners to either
submit to unreasonable terms or enter into time-consuming and expensive legal battles.
Unfortunately for myself and many other Weld County landowners, several pipeline routes have
become exceedingly popular over the years. Most of the affected lands that could have had a higher
and better use are now permanently devalued because they can no longer be used for anything but
agricultural purposes because buildings and associated infrastructure cannot be built over, or in close
proximity to pipelines once they have been constructed.
From my perspective, it would have been be extremely helpful for me to have been notified well in
advance of the Weld County approval of proposed building projects that have included the
construction of pipelines, no different than it is currently very important for me to be notified prior to
2
the of the construction of proposed electric transmission lines and other utilities asrequired by
existing Weld County Planning Department codes.
The WCBOCC is considering revisions to Chapter 23 of Weld County Code Ordinance 2000-1 that
would relax the pre -construction notification requirements of pipeline owner -operators by increasing
the size of pipelines that would be regulated under the subject code and differentiating on the
r.. I4+.-. r.. -..-..-.r. nenin r. iv. r. I; r.1-..-. .-tirn m +tir } tin rant-nit-NI:nn 1A1nll no rDd 1 irInry thin ni !mbar /lf
bUlibLCU ILCb II IC f..11f,1Cll' ICS ale 111C01 11. LV IJVI IVCy, 00 YVGII QJ I ct..l1.1Vui LI I►.r I IuI I IIJ%..I WI property owners
who would be required to be notified prior to the construction of pipelines.
Several pipelines that I have been associated with over the years are as small as six inches (6") in
diameter and have been constructed to convey not only natural gas and unrefined crude oil, but also
water produced from oil and gas wells. Accordingly, I urge the BOCC not to enact any public
notification requirement ordinance that differentiates between the size of Weld County -regulated oil
and gas industry -related pipelines, or the substances said pipelines convey.
Respectfully,
Oeita (7- #oekk
Dennis J. Hoshiko
3
Esther Gesick
From: Dennis Hoshiko <dhoshiko@yahoo.com>
Sent: Friday, July 22, 2016 9:28 PM
To: Barbara Kirkmeyer; Sean Conway; Steve Moreno; Julie Cozad; Mike Freeman
Cc: Esther Gesick; Tom Parko Jr.
Subject: Corrected attachment to previous email
Attachments: Letter to WCBOCC (07-22-16).docx
Please disregard the attachment to the previous email I sent you by mistake, and instead see the
attached letter concerning proposed Weld County Code Ordinance 2016-07 to be considered next
Monday, July 25, 2016 at 9:00 a.m.
1
DENNIS J. HOSHIKO
1811 38th Avenue
Greeley, CO 80634
(970)330-8780
dhoshiko@yahoo.com
July 22, 2016
Weld County Board of County Commissioners
1150 O. Street
Greeley, CO 80631
Re: Proposed changes to Weld County Code Ordinance 2016-07 to be considered on Monday, July 25, 2016 at 9:00 a.m.
Dear WCBOCC,
At his invitation, I met with Mr. Tom Parko, Director of the Weld County Planning Department on the afternoon of
Thursday, July 21, 2016 to discuss proposed Weld County Code Ordinance 2016-07.
After Mr. Parko explained to me the history and rational behind the proposed ordinance, I explained to him my concerns
and thoughts about it in more detail than I expressed in my letter to you dated July 15, 2016.
As you may know, most oil and gas leases contain provisions that grant oil and gas well operators the right to construct
pipelines upon lands that have been leased for oil and gas production in order to allow oil and gas that is produced from
wells drilled on the leased lands to be collected and sold. The right to construct such pipelines has been bargained for in
private transactions between willing parties, the subsurface estate owner/lessor and the oil and gas producer/lessee.
Accordingly, such pipelines are contractual in nature and should not be regulated by the county.
However, pipelines that should be regulated by the county are those that convey oilfield products that do not originate
from oil and gas wells drilled on the lands such pipelines transverse. Landowners of such lands are not willing parties,
either directly or indirectly, to the contractual provisions usually contained in the oil and gas leases that allowed the
production of the oilfield products such pipelines convey, and therefore, have never benefited from, or acquiesced to
such provisions.
In addition, often times, such non -contractual pipelines are smaller than ten inches (10") in diameter and operate at
hoop strengths of less than twenty percent (20%), which are the minimum parameters that the BOC is currently
considering limiting the ordinance to include. Also, such pipelines can convey oilfield products other than natural gas
and petroleum products other than natural gas: specifically water that is produced from oil and gas wells, which is
commonly referred to as produced water. Consequently, if the BOC elects to adopt the proposed ordinance in its
current form, it would exclude many pipelines that should be regulated by the county.
Alternatively, I would like to propose that the BOC consider simply eliminating all references to pipeline sizes, pressure
ratings, and products, therefore requiring that all non -contractual pipelines that convey any oilfield -generated substance
be included and regulated under the ordinance.
Respectfully,
OegirAk (7 - /71044/6
Dennis J. Hoshiko
PROPOSED WORDING FOR WELD COUNY CODE ORDINANCE 2016-07
"Any pipeline that conveys any substance that originates from lands other than the
lands such pipelines transverse shall be subject to this ordinance."
PROPOSED WORDING FOR WELD COUNY CODE ORDINANCE 2016-07
"Any pipeline that has been granted by contract and is completely situated on the
lands such contract included shall not be subject to this ordinance."
DENNIS J. HOSHIKO
1811 38th Avenue
Greeley, CO 80634
(970)330-8780
dhoshiko@yahoo.com
August 7, 2016
Weld County Board of County Commissioners
1150 O. Street
Greeley, CO 80631
Re: Proposed Weld County Code Ordinance 2016-07
Dear WCBOCC,
During the second reading of proposed Weld County Code Ordinance 2016-07 on July 25, 2016,
Commissioner Cozad expressed that pipelines are necessary to reduce the current high level of truck
traffic transporting oilfield -generated substances on Weld County roadways. Although most would
agree with that viewpoint (and not that Commissioner Cozad was suggesting it) that burden should not
be borne by a few unfortunate landowners, who by no choice of their own, happen to be situated in the
most convenient and profitable pathway for private, often publically-traded, multi -billion dollar
companies to route their pipelines across.
During my testimony, when I suggested that pipeline size and pressure limitations be eliminated from
the proposed ordinance because certain pipeline operators have asserted their perceived right of
eminent domain and condemnation powers regardless of pipeline size and pressure ratings,
Commissioner Cozad expressed her reservations about enacting rules that would regulate every pipeline
in the county. To address that concern, I submitted the following conceptual language that excluded
pipelines that are allowed by private contract and included only pipelines that convey substances that
do not originate from the lands the pipelines transverse:
• "Any pipeline that has been granted by contract and is completely situated on the lands such
contract included shall not be subject to this ordinance."
• "Any pipeline that conveys any substance that originates from lands other than the lands such
pipeline transverses shall be subject to this ordinance."
Last week, I spoke at considerable length with Weld County Attorney, Mr. Bruce Barker, about how
Weld County can best regulate pipelines. Mr. Barker suggested the he and I meet with Planning and
Public Works Department staff and to discuss this matter further, prior to the third, and final reading of
the proposed ordinance which is scheduled to be held on Monday, August 15, 2016.
In the meantime, I wish to submit my following recommendations to the BOCC for your consideration:
Proposed Weld County Code Ordinance 2016-07
Page 2
Both Section 24-65.1-101 of the Colorado Revised Statutes, also known as the Areas and Activities of
State Interest Act, and Section 29-20-101 of the Colorado Revised Statutes, also known as the Local Page
Government Land Use Control Enabling Act, grant local governments the legal authority and jurisdiction
to regulate land use. Pipelines significantly and permanently affect the use of the lands they transverse
because it is prohibited for buildings and certain forms of infrastructure to be constructed over or near
pipelines. Accordingly, it is within the authority and jurisdiction of Weld County government to regulate
pipelines through the permitting process.
I submit that Weld County can do so in a manner similar to the way the Colorado Oil and Gas
Commission ("COGCC") regulates the drilling of oil and gas ("O&G") wells. COGCC regulations require
that before an O&G well is drilled, an application for a permit to drill the O&G well must be submitted to
the COGCC. Land can be significantly and permanently damaged and devalued when an O&G well is
drilled. Therefore, before the COGCC can issue a drilling permit, the applicant must first show evidence
to the COGCC that the applicant has entered into a surface use agreement ("SUA") with the owner of
the lands upon which the O&G well is to be drilled that addresses payment for land damages. In the
absence of such an agreement, the applicant must post a bond to pay for land damages with the COGCC
before it issues a drilling permit.
Similarly, land can be significantly and permanently damaged and devalued when a pipeline is
constructed. Accordingly, Weld County regulations should require that before a pipeline is constructed,
an application for a permit to construct the pipeline must be submitted to Weld County. Before Weld
County can issue a construction permit, the applicant must first show evidence to Weld County that the
applicant has entered into a SUA with the owner of lands upon which a pipeline is to be constructed that
addresses payment for land damages and devaluation. In the absence of such an agreement, the
applicant must post a bond that is sufficient to pay for land damages and devaluation with Weld County
before it issues a construction permit.
Thank you for your consideration and I greatly look forward to continue participating in the public
process of promulgating Weld County regulations that address these matters.
Sincerely,
Dead, (1,- 1{o64/6
Dennis J. Hoshiko
Good morning. My name is Hunter Hoshiko. I reside at 31641 WCR 41, Greeley, and I would like to
read a letter to you on behalf of my father, Dennis Hoshiko. He writes this:
I apologize for being unable to convey my thoughts to you in person today, and I appreciate that you
are allowing my son Hunter to read them to you in my absence.
Myself and other private landowners have had to cope with oilfield pipelines being buried across our
farms and ranches for many years. Recently however, this issue has become exponentially more
burdensome for many more of us, as more oil and gas companies are finding it convenient and
economical to transport their products by pipeline. Consequently, the need for the regulation and
oversight of pipelines has also increased. Accordingly, it is very timely that you, the duly -elected policy
makers and representatives of the citizens of Weld County are considering this matter today.
I submit to you that since it is appropriate for the County to review and approve permits for the
construction of centralized oil and gas facilities that are connected to pipelines, it is also appropriate
for the County to review and permit the construction of those pipelines as well. This is especially true
because once the locations of such facilities are approved by the County, the pipelines that connect to
them often pass through many miles of private land whose owners have had no notice of, nor receive
any direct benefit from, those projects ---projects that are solely for the financial gain of others.
Sadly, once a pipeline route has been established, many pipeline companies regularly allege that they
have the power of eminent domain and threaten to condemn easements through private property.
This strong-arm tactic often forces landowners to either submit to unreasonable terms, or engage in
expensive and time-consuming legal battles against private, often publically-traded, multi -billion dollar
corporations.
Regardless of a pipeline's size, pressure rating, or the substances they convey, their construction
damages and negatively affects the lands they are buried in forever. Diminished crop production
resulting from pipeline trenching, and the permanent inability to construct structures on lands near
pipelines, are major, long-term economic losses that the owners of lands that pipelines go through
suffer. Those losses should be recognized and compensated for by the companies that cause and
profit from them, and the County should hold them accountable to do so.
Today, well-meaning members of the County staff may recommend that you vote to pass proposed
Code Ordinance 2016-07 in its present form, and allow them to work on the concerns that I and others
have raised later. However, the problems you have heard about have existed for a very long time.
They aren't going away, and in some cases, are getting worse by the moment. Time is of the essence
and there is no time like the present. So I respectfully encourage you to vote to continue developing
this ordinance until it adequately addresses all of the pipeline -related issues that unfortunately, many
Weld County landowners are currently being forced to struggle with every day.
Thank you for listening.
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Esther Gesick
Wednesday, June 15, 2016 9:28 AM
Bruce Barker; Tom Parko Jr.; Commissioners
Michelle Martin; Cheryl Hoffman
RE: Pipelines
)4 Litua,16,0/-47
Good point, and because it is a Planning Chapter I'm reminded that we need to provide 10 -day pre -notice to advise the
public of the .hearing date so the earliest this could be listed is 7/6. Cheryl and I will get moving on getting the Ord doc
drafted and a Notice prepared.
Esther E. Gesick
Clerk to the Board
1150 O Street 1 P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
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
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From: Bruce Barker
Sent: Wednesday, June 15, 2016 9:25 AM
To: Esther Gesick <egesick@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Commissioners
<COMMISSIONERS@co.weld.co.us>
Cc: Michelle Martin <mmartin@co.weld.co.us>
Subject: RE: Pipelines
I think you can say this has already been considered by the PC, but because it is a new Code Ordinance, I do not see
where the Board may skip First Reading. Charter requires 3 readings for every ordinance.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and confidential, or
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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: Esther Gesick
Sent: Wednesday, June 15, 2016 9:16 AM
To: Tom Parko Jr. <tparko@co.weld.co.us <mailto:tparko@co.weld.co.us»>; Commissioners
<COMMISSIONERS@co.weld.co.us <mailto:COMMISSIONERS@co.weld.co.us> >
Cc: Bruce Barker <bbarker@co.weld.co.us <mailto:bbarker@co.weld.co.us»>; Michelle Martin
<mmartin@co.weld.co.us <mailto:mmartin@co.weld.co.us) >
Subject: RE: Pipelines
Since technically the language changes have already been considered by the PC, and published and read into the record
by the Board for First Reading, I'm also wondering if we can just do a Notice of the first available Agenda date and
publish it in full text but retain it at the Second Reading stage versus starting over at First Reading.
Thoughts?
Esther E. Gesick
Clerk to the Board
1150 O Street I P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
2
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: Tom Parko Jr.
Sent: Wednesday, June 15, 2016 8:44 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us <mailto:COMMISSIONERS@co.weld.co.us> >
Cc: Bruce Barker <bbarker@co.weld.co.us <mailto:bbarker@co.weld.co.us> >; Esther Gesick <egesick@co.weld.co.us
<mailto:egesick@co.weld.co.us»>; Michelle Martin <mmartin@co.weld.co.us <mailto:mmartin@co.weld.co.us> >
Subject: Pipelines
Commissioners,
Good morning. Per your direction I went ahead and pulled the definitions for PIPELINE out from Ordinance 2015-26 and
will create a separate Ordinance for this item.
See attached write-up.
Question — Do you want me to take this code change to the PC? They are aware of it and we have already brought this
to them so I don't think we do. However, if we want me to take this to them the earliest I can get this before them is July
19th. After talking with Esther, we can get the new Ordinance drafted and before you all on June 27th. I can give a
courtesy notice to the industry. Anadarko is already familiar with it because I sent them the draft change for their input.
Thanks!
Tom Parko, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
3
Office: 970-400-3572
Mobile: 970-302-5333
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4
Hello