Placitas and Bernalillo got a new neighbor in 2009, Fisher Sand & Gravel – New Mexico Inc, and it has not taken long to wish we had not. In fact, there are others in the State that feel the same way.
You may have noticed the Sunday, January 15, 2012 Albuquerque Journal article about a new lawsuit filed by Fisher Sand and Gravel – New Mexico Inc. that points a finger at then-state Transportation Commission Chairman Johnny Cope, accusing him of improperly leaking confidential state documents to another vendor vying for a large road job in Southern New Mexico. It seems that several former company officers in the parent company to Fisher’s New Mexico affiliate (located at 30A Frontage Road East, Placitas, NM 87043) had been charged with tax fraud a year earlier and that fact cost them the job.
If you are trying to find the Fisher headquarter offices in Placitas, all you will see at 30A Frontage Road East, Placitas it is the gravel mine just south of Hwy 165 that many have been complaining about. Early in 2010, Fisher quietly gained Sandoval County Planning and Development “administrative approval” to do a little grading (officially termed “Terrain Management”) at this location. Sandoval zoning ordinances allow terrain management to “Control of floods, drainage and erosion, and measures necessary to adapt proposed development to existing soil characteristics and topography” – no permit or zoning change is required. This property is zoned Rural Residential Agricultural (RRA), so if actual company offices were at this location that would be a non-conforming use, as is the sand and gravel operation. And so will be the asphalt plant and rock crusher that are nearly ready to go into operation. I found the Journal article ironic, that Fisher is suing another party for impropriety!
The terrain management approval was simply a ruse, and we can hope that Sandoval County was an ignorant participant, though they still have not moved to enforce against the non-conformance. It became undeniable that Fisher had more in mind than terrain management when they applied to the County immediately after the terrain management approval for I-1 re-zoning to allow for an asphalt plant. However, citizens pointed out at the May 2010 Sandoval County Planning and Zoning Commission (PZC) hearing that there were serious irregularities with the application, and the permit was never approved. Then in January, 2011 I presented evidence to the PZC that Fisher was operating a gravel mining operation that was far beyond the allowed terrain management, and also outside of uses allowed within RRA zoning. The county later informed me that it looked like Terrain Management to them. Regardless, in November 2011 the PZC passed new ordinances to prevent anyone from ever again abusing a terrain management operation. At this meeting I asked the PZC to impose the newly adopted ordinance on the Fisher property – to this date they have not.
New Mexico Environmental Department Air Quality Bureau has give approval for an asphalt plant and a rock crusher to operate on the Fisher property. These approvals also allow up to 140 round trip hauls to and from the property daily. That means 280 semi-trucks pulling on to and off of NM165 at the frontage road. The approved hours of operation are sunup to sundown 365 days a year. The prevailing winds will bring the pollutants throughout the Placitas Area. The evening and morning winds will settle the pollutants into the Bernalillo valley. Neither adults nor children, either at home, work or school should be subjected to either the pollutants or noise. General welfare and health are the primary purpose of zoning regulations, and they must be enforced.
Enforcement would not be necessary if Fisher Sand and Gravel were a worthy citizen of New Mexico. We hear a lot about corporate greed these days, and unfortunately the general public are the victims, and in this case we get to pay for our abuse. Fisher’s base of profits are from New Mexico’s tax dollars. So, who is Fisher Sand and Gravel – New Mexico? They are an affiliate of Fisher Industries from North Dakota whose entire operation is funded primarily by public dollars. They have a website http://www.fisherind.com.
A little on-line research reveals that the alleged leaked “confidential State documents” that revealed that Fisher Top Brass had been charged with tax fraud a year earlier were indeed true. In fact, the Fisher folks pleaded guilty. (I don’t know why the vendor had to have information leaked to them that was publicly available on-line.) I also learned that in 2009, Santa Fe county commissioners and city councilors on a joint board shut down Fishers’ affiliate Southwest Asphalt Paving that had been operating an asphalt plant illegally without proper county permit. In 2010, a Phoenix municipal court judge fined a Fisher affiliate for a string of violations at a controversial asphalt plant in south Phoenix that followed intense pressure from city prosecutors to shut down the asphalt plant, which they say spewed dust, smoke and a hot rubber odor, and it was built without a proper permit. In 2011 the Arizona Department of Environmental Quality and that state’s Attorney General signed a consent decree settlement with North Dakota-based Fisher Sand and Gravel for air and water violations statewide. I could keep going with stories that even include “Beltway” issues, but clearly Fisher Sand and Gravel likes rules applied to others, but not themselves.
ES-CA officially lodged complaint against the non-compliant uses on the Fisher property to the Sandoval Planning Development Department at the January 12, 2011 PZC meeting. The PZC members expressed concern when they learned from the ES-CA representative that asphalt plant equipment had been moved on to the property. Planning and Development staff agreed to investigate.
If, just as the people in Phoenix and Santa Fe, you don’t want an asphalt plant and rock crusher to spew dust, smoke and a hot rubber odor, and be built without a proper permit, please get involved. You can call or write to:
• Mike Springfield, Director, Sandoval Planning and Development, (505) 867-7628, MSpringfield@sandovalcountyNM.gov
• Orlando Lucero, District 1 (your) County Commissioner, H (505) 867-2226, M (505) 934-3392, ojlucero@aol.com
• Phil Rios, Sandoval County Manager, (505) 867-7538, PRios@SandovalCountyNM.gov
• Patrick Trujillo, Sandoval County Attorney, (505) 867-7507, PATrujillo@SandovalCountyNM.gov
Additionally, you can attend the next Sandoval County Commission meeting on Thursday, February 2 at 6PM. ES-CA asked to be put on the agenda, but has been denied pending staff zoning compliance investigation. Even so, you will be able to voice your concerns during the public comment period that concludes each meeting. Let them know that the county can be liable for loss of health and property value resulting from unenforced zoning ordinances.
Please plan to attend a Public Meeting, hosted by ES-CA, at the Placitas Community Library on Sunday, February 12 at 2PM. Discussion at this meeting is purposed to determine next steps necessary to prevent the asphalt plant and rock crusher going into operation.
At least two threats will result from the installation of an asphalt and rock crushing plant in the Placitas area:
1. Airborne pollutants such as dust and smoke will affect residents already coping with breathing problems, and may also cause breathing problems for those not so affected.
2. Such airborne pollutants as dust, smoke and odors could affect real estate values negatively.
3. Long traffic tie-ups resulting from numerous asphalt trucks creating traffic at the
I-25/US550 and165 intersections.
Please, send me e-mails on Fisher Sand & Gravel and what is going on to stop the company and Sandoval County from further exploitation and expansion. Thank you.
Tom Goodridge
Thanks so much for this information and for next steps for individual action.
It seems to me other interested parties could include the Bernalillo Highschool staff and parents, given the noise and pollution levels an asphalt plant would produce. I wonder what other ready-made stakeholder groups like local business owners (real estate, hotel, & restaurant owners etc.) would also find they shared our interest in stopping this asphalt plant in its tracks. Thoughts?
This is the first we’ve heard about the asphalt plant’s ability to continue. We thought it had been stopped. We sincerely ask the Sandoval commissioners to reject said plant as it would destroy our air and water quality as well as the noise and beauty in the area, and the traffic problems. We area against this and appreciate this informative letter. We plan to attend said meeting Thurs.
With regard to the State of New Mexico approving the Asphault Plant it would seem to be another example of underqualified , overpaid employees of the taxpayers taking action without regard for the people they are are to protect. Apparently the same criticism applies to the Sandoval County Zoning Department failing to enforce existing regulations.
David, We (ES-CA members) have looked at the NMED Air Quality regulations and cannot yet find fault in how they have been enforced. It is unfortunate that the regulations have such a small distance limitation from occupied facilities (1/4 mile). The NMED Air Quality staff have been very helpful and professional. On the other hand, it is clear in the county zoning ordinances that neither a gravel mine or an asphalt plant are legal, and enforcement has been lacking to the point of appearing deliberately lacking.
Wow,
The plant is only being stored until all permits are in place for a job near Tucumcari. Probably a month out.
Typical internet hysteria.
Aren’t you folks supposed to be more educated, therefore follow up on this stuff?
Trevor, You seem to have this straight from the source. Did your source inform you that Fisher Sand and Gravel have active state air quality permits to operate BOTH the illegal gravel mine, AND the asphalt plant BUT for neither use do they have county permits? Fisher has opened many asphalt plants around the country without permits and then fought legal battles and paid fines to stay open and until they were finished at those sites? This is exactly what happened in Santa Fe in 2009 when Fisher opened a non-county-permitted and illegal asphalt plant operation there. Before condescendingly accusing others of being ill-informed, take a little time to educate yourself. But, I suspect the purpose of your comments were really not for the benefit of our communities – now were they?
Dear Bob (apologies but I do not yet know your last name),
My wife and I recently purchased property in Placitas and, as we currently live out of state, we can’t thank you enough for being our “eyes and ears” regarding the asphalt plant and mining operations. It is our intention to build our house in Placitas soon but, frankly, our concerns, like everyone elses, are the proximity of the mining and the possibility of an asphalt plant. What we find most disturbing is that dispite the flagrant violations, Fisher has, obviously, been allowed to continue to operate. How is this possible? Please be so kind as to keep us informed as to disposition.
Many thanks,
Dave Jackson
Welcome to Placitas! We are as the name implies many small communities. ES-CA attempts to protect and preserve Placitas. Thanks for joining and as we are all volunteers, we welcome any time you can devote to a cause. See you at the annual meeting October 27th at the Anasazi Winery!