Please review the info presented by John McNerney at the ESCA Community Meeting by clicking on this link Placitas Pipelines info 2016
Thanks to the help of the La Mesa Water Cooperative and others in our community, we were able to get NMED’s Air Quality Bureau to set up a real time air quality monitor on one of La Mesa’s pump houses (centrally located between the existing and proposed mining sites). I’ve included the letter from NMED below—note that you can go to their site http://drdasnm1.alink.com/ and look at the Station Report (“Placitas PM” station) and see in real time our particulate level (e.g. dust). As this was just installed last week, it will take some time to build up meaningful history (a full year to have conclusive data against the EPA standards)—and the more inquisitive can look at station history, and other parameters. We feel this is important so we have factual data about our air quality rather than having to speculate (and have a real baseline of data to better defend ourselves against the real possibility of the BLM opening yet another 1000 acres to mining within a 3 mile radius of Placitas).
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Sent: Friday, May 13, 2016 4:41 PM Subject: RE: Proposed sampler locations
Mr. Ulmer:
The Placitas monitor is up and running. As per Adam Keaster, the cellular signal at that site is marginal so there are periods during which the data hasn’t updated. However, as soon as the signal strength increases the data back-fills. Our Monitoring Team will go back to Placitas next week to install a Yagi antenna which should boost the signal and minimize data delays. But overall, it should produce real-time data.
Below is a copy of the link to our website to see the data. You will need to paste this in your browser. If you have any trouble or questions reviewing the website, please let any of us know.
Respectfully,
Donna J. Intermont
Operations Section Chief
NM Environment Department
Air Quality Bureau
WE’RE IN!! (LPT STATUS UPDATE)
By Dick Ulmer – On Tuesday, May 10, the Eastern Sandoval Citizens Association, Inc (ES-CA), represented by ES-CA Land Protection Trust (ESCA-LPT) Board Directors Richard Ulmer and Stephen Vaughan, were granted the right to intervene as Plaintiffs in the Sandoval County lawsuit against Vulcan and Lafarge.
This suit charges the mining operators and owners of the Placitas Pit with violation of several terms of the 1988 Certificate of Nonconformance. Floyd Wilson, the litigator for ESCA-LPT presented Judge Mercer with arguments supporting our intervention and explained that because of the alleged violations, many ESCA members “have suffered, and continue, to suffer severe and irreparable harm as a consequence of Defendants’ non-compliance with the terms and conditions of the Certificate of Non-Conformance. Without limitation, such harm includes loss of the value of their homes, excessive, and in some cases, dangerous air pollution, water pollution, noise, dust, light, vibrations, and visual pollution.”
Arguments against our intervention were presented by the lawyer representing both Lafarge and Vulcan, and the County Attorney took the position that he “did not oppose” our intervention—but also made other comments that were supportive of our cause. Much of the discussion between the lawyers were on technical points of case law. Wilson told the judge that given the “harm” to surrounding homeowners, that it was important that we have a “seat at the table” in proving the allegations and in any settlement discussions. At the end, the judge agreed and asked our lawyer to write up the court order granting our motion to intervene.
While this is only the first round, it became evident just how important the intervention really is. During the Vulcan testimony, their lawyer asserted that “settlement discussions were currently in progress with the County.” As a result of this action, we must now be party to such settlement before the suit can be dismissed—which I think our members can agree is in our best interests and will force a level of transparency that would likely not otherwise occur. Lafarge and Vulcan now know they must take our issues seriously.
By Mike Neas – In New Mexico Statute 70-2-1, the legislature make it clear with emphasis that the prohibition of waste is the duty of the Oil Conservation Division, (OCD). It states; “The division is hereby empowered, and it is its duty, to prevent waste prohibited by this act…”
The public doesn’t trust the OCD to protect the environment from methane emissions, which is waste, not conservation and specifically addressed in the statute. The OCD could/should lead in enforcing the requirements already existing in the enabling legislation. This is a short run cost of doing business for the oil and gas industry, but would benefit public health concerns and the state’s economy in the long run. Goodwill seems lacking at this time in the oil and gas industry profits approach to extracting its products.
Most of us know the reasons that the public is finally waking up and speaking up regarding the oil and gas industry processes and especially fracking and methane emissions. But the OCD follows the industry instead of helping to guide it. This is a negligent and destructive behavior which can possibly do long term harm to the economy of New Mexico, the education of New Mexicans and the health of New Mexicans. The oil and gas industry is an important stakeholder in our success as a State. This is not going to change in the very near future. But they must operate in a manner conducive to the longevity of the industry and the environmental concerns of the public.
I see the OCD’s current role and direction as a deterrent to any possible long term economic recovery for oil and gas in NM. This is because of their reluctance, or inability for whatever reasons, to curb the selfish profit oriented appetites of the industry. This profit at any cost business model is counterproductive and it is simply destroying the goodwill of the industry. Current extraction and production processes need to change.
I believe that our legislators should make a bipartisan effort to convince the oil and gas industry in NM and the OCD to placate the growing public sentiments especially in the Alb. Basin which is water to nearly a million people. And if comprehensive oil and gas ordnances aren’t adopted and adhered to, declare a no drill basin. We must save this water basin as a basin which will not become better known as an oil basin. The push for oil and gas ordinances is growing nationwide and it will continue to grow in NM unless Goliath quits bullying its way around the needs of the people. Our air and our water are important and our education and many other benefits of oil and gas tax income are also very important. Business as usual, needs to change.
We all drive our cars and we all benefit from severance taxes. Quality education is vital to our state’s future. And currently our educational system is overly dependent on an oil and gas industry that has potential to do both good and harm to our health, safety and general welfare. The negatives are becoming more and more apparent, but the oil and gas industry prefers to ignore growing public concerns. We all drink water and breathe air and rely on foods grown in uncontaminated soils. An industry that ignores the future for today’s profits should not be allowed to take us all down with it. This would seem a no brainer. Change the business plan now. It’s not too late.
The ES-CA Board met on Monday, April 4, 2016. In attendance were board members: John McNerney (JM); Susan Fullas (SF); Bob Gorrell (BG); and Chris Daul (CD). A quorum was reached. Lynn Koch (LK) and Jerry Saxton (JS) arrived later. A number of members and residents were in attendance as well.
Jamie Silva-Steele, President and CEO of Sandoval Regional Medical Center made a presentation about the hospital and distributed information to board members.
Of concern to the board and residents of the area is the mil levy on property which helps to fund both SRMC and RUST Medical Center. SRMC is part to the University of New Mexico Health System and RUST is part of the Presbyterian Health System. Both hospitals are located in Rio Rancho and currently receive monies equaling a 4.25 mil levy. Ms. Silva Steele noted that RUST receives approximately 55% of the proceeds from the tax and SRMC receives approximately 45%. This discrepancy was questioned by the board.
Ms. Silva-Steele also noted that the current levy is necessary for current operating expenses and that any lowering of the rate or elimination of the tax would have a negative financial impact upon SRMC. She also stated that SRMC was not in favor of any increase in the rate.
The written materials provided an overview of the hospital services, costs, patient data, etc. SRMC is preparing a strategic plan which should be released this May.
The board asked numerous questions about vacancy rates and how to increase use of the facility. Ms. Silva-Steele stated that she and the CEO of RUST would be willing to make a joint presentation to the Placitas community later this year. The Board will follow-up.
Monthlyreports were given as follows:
a. Treasurer’s Report: SF reported that ES-CA had a balance of $19,002.00 on 3.31.16, which reflected membership dues of $686.00 in March, interest of $0.81 and expenses of $915.79 (Insurance cost of $596.00 and road signs – $319.79). SF filed the yearly corporate report with the NM SOS and sent information to the accountant to file the Federal 990-N form for 2015.
SF reported that the LPT had a balance of $42,659.18 on 3.31.16.
b. Membership: JS reported that there are currently 144 sustaining members. He distributed information about non-renewing members and the board will follow-up with phone calls to individuals listed.
c. Communications: CD reported that the Signpost had an article by ES-CA in the April edition. CD arranged for EM to make a brief presentation at the Placitas Chamber of Commerce meet and greet on April 21. CD drafted a letter to the editor in response to an article in the Abq. Journal about the drilling application. ED to submit revised letter.
d. IT: Tony Pellechio reported that the data base is being worked on and that Kathy Kitts will be taking over most of the work.
e. Watchdogs: There was no report.
f. Political/Legal: JM reported that he had met with Jason Montoya of the NM PRC to discuss the pipeline issue. JM will utilize Montoya to access Federal records and information pertaining to the safety plans of the pipeline companies.
EM reported that he had met with Dwight Patterson about his proposed pipeline monitoring plan. At this time, there is no plan to put any issue to a vote of the public.
g. LPT: Dick Ulmer reported that both Vulcan and Cal Mat have been added as defendants to the County’s lawsuit against Lafarge. We are still waiting for the judge to rule on joining the LPT as a party to the suit.
Current issues discussed included:
County Ordinance/Moratorium on Drilling: BG and Al Friedman reported. It was noted that the moratorium is not on the agenda for the County Commission meeting of April 7. CD to follow-up with Commissioner James Dominguez. BG has offered his assistance to the County in the drafting of an ordinance.
As an update, the County Commission did not discuss a moratorium at its meeting of April 7, since only Commissioners Dominguez and Scherzinger asked for it to be on the agenda.
BLM/RMP: CD reported that he believes the plan will not be issued until the summer. There was no other information at this time.
ESCAFCA: EM reported that the Fisher retention basin was almost complete but that ESCAFCA reported that it is low on funding at this time.
Issues Needing Attention
h. Calendar of Events for 2016: EM reported that the candidates’ forum is scheduled for Saturday, September 10, 2-4 pm, at the Placitas Community/Senior Center. The Membership Appreciation event is scheduled for October 16, 3-5 pm at the Placitas Library. The Annual Meeting is scheduled for June 25, 2-4 pm at the Anasazi Winery.
i. Hospital Bonds: This item was discussed under the presentation by Jamie Silva-Steele.
j. US 550 Corridor Project: There was nothing new to report. CD to meet with Jack Torres, Bernalillo Mayor, to discuss.
Next ES-CA Board Meeting
The next ES-CA Board meeting is scheduled for Monday, May 2, 2016, beginning at 6:30 pm at the Placitas Fires Station.
Upcoming Events
k. The Highway Cleanup is scheduled for Saturday, April 23.
We noted the comments from Bob Gallagher, former consultant to Sand Ridge, about how Sandoval County officials allegedly misled him about the application by SandRidge for a zoning change and approval to drill. We were especially amused by his characterization of residents of Corrales and Placitas as “B.A.N.A.N.A.s’ – build absolutely nothing anywhere near anything.”
First, it was Sand Ridge that misled the County. SandRidge failed to disclose its dire financial condition. SandRidge was unable to provide adequate information about its process for drilling and how it would insure the safety of drinking water for over 100,000 residents of the area.
Mr. Gallagher states “… SandRidge had received word from (Michael) Springfield three weeks before the December meeting that the application would receive a recommendation.” Apparently Mr. Gallagher is unaware of how the process works. Sandoval County staff does not make the decisions. Decisions are made by the elected members of the County Commission and by the officials appointed by them to the County Planning and Zoning Commission (P&Z). The P&Z Commission took testimony from the applicant and comments from the public, along with the reports issued by their staff. At the end of that process they made a decision to deny the application based upon a lack of sufficient information.
Residents from all parts of Sandoval County, including Rio Rancho, participated in the democratic process. People in this County are concerned about their health, the environment, education, roads and economic development. And we participate in the process, as well we should.
The Board of the Eastern Sandoval Citizens Association is proud of its involvement in this matter and proud of all of the other citizen groups and individuals who participated. We witnessed democracy at work. We are not anti-business or anti-growth. We support the adoption of an ordinance to oversee and regulate future oil and gas drilling in the County. We recognize the need for a better economy in the area and in the County. We want to insure that any project that is proposed proceeds in a manner that is safe for all residents and safe for our land.
Ed Majka, President
Eastern Sandoval Citizens Association
Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country. Now is the time for all good men to come to the aid of their country.
Taxation without benefit? This was exactly what fostered the creation of the Eastern Sandoval Citizens Association (ES-CA), and you can still see on your tax bill, and likely for the next decade, a remnant of the Eastern Sandoval County Arroyo Flood Control Authority (ESCAFCA) taxes. ES-CA is vigilant, and the Board has questioned the return on investment of pipeline monitoring.
At a December 9, 2015 LPA hosted meeting at the Placitas Community Center, Dwight Paterson asked if folks were OK with his concept to tax themselves to pay for his idea to install 48 pipeline monitoring wells. There were many more questions from the audience then there were answers. Questions such as, will it work? One question, what are the chances that a leak would be detected prior to a catastrophic event? The answer, there will be 48 points to monitor, and the audience appeared baffled. Another question was, have pipelines ever been monitored like this so we know it will work. Mr. Paterson answered, this would be a first, but it is better than nothing which is what we have now. How much better than nothing, he could not say. The plan did not seem ready for prime time.
At the meeting’s conclusion it was suggested, and Mr. Paterson agreed, that it might be a good idea to build a couple of monitoring wells near homes abutting one or more of the pipelines and see if this concept works. Maybe create some test spills. But, the March 2016 Signpost quotes Mr. Paterson as moving forward with the plan to tax residents for his experiment.
The EPA requires monitoring wells around underground hydrocarbon storage tanks and have since 1988. According to the EPA bulletin 600/9-90-044, vapor monitoring wells must be within 13 feet of a tank and experts agree that this “may” allow leak detection within 30 days of a leak. Some of the variables: leak volume, soil conditions, and vapor monitoring equipment’s relevance for the material to be detected (the five pipelines carry many different materials). Everyone is in agreement, a catastrophic rupture would be disastrous for portions of Placitas and no one wants this including the pipeline companies. The begging question is if monitoring wells spaced over 1,000 feet apart, and often hundreds of feet from a pipe, ever be able to detect a leak such that it could prevent a catastrophic rupture?
On March 12, 2016, ES-CA President Ed Majka and I met with Mr. Paterson at his home to ask what had changed from the LPA public meeting. His home is about a quarter mile south of where the five pipelines run parallel across a 200 foot or so wide BLM owned corridor. Dwight had no new information, but after talking with people, he felt that folks want this monitoring and they can vote to tax themselves to support it or not. So, he is moving forward, we assume with LPA’s blessing, to bring his plan/experiment to culmination. ES-CA will make any new information available as it is available.
ES-CA will continue to work with regulatory agencies and directly with the pipeline companies to urge safety, enforcement and accountability. There are many unanswered questions from these parties. Volunteers with pipeline, US-DOT, BLM, PRC, or any other relevant experience are appreciated. Please call President Majka at (505) 238-7750 if you think you can help. ES-CA will strive to increase transparency and understanding of pipeline regulations and required safety reporting, and continue to seek resolutions, such as additional safety valves, that would enhance our health and safety.
The ES-CA Board had its monthly meeting on March 7. Board members attending were Ed Majka (EM); Bob Gorrell (BG); Susan Fullas (SF); Lynn Koch (LK); Jerry Saxton (JS); and Chris Daul (CD). Guests included John McNerney – chair of Political/Legal; Peter Adang; Jacque Moise; Marcia Adang; Roger Deavey; John Coelho; Jim Harve; Mike Neas; Dick Ulmer – Chair of LPT; Jodilynn Ortiz; and Sandoval County Commissioner James Dominguez.
The following reports were presented:
Treasurer’s Report: SF reported that ES-CA had a balance of $19,230.98, with income of $337.75 and expenses of $907.85 over the last month. SF reported that the LPT had a balance of $42,657.38 with income of $1.68 and no expenses over the past month.
Membership: JS reported that late notices have been sent out for overdue dues payments. He noted that ES-CA has 373 contacts, 222 past members and 177 current dues paying members. Discussion ensued about whether to change the definition of a member and the Board agreed to let the current definition of member stand – which is a current dues paying person who has contributed $50.00.
Communication: CD reported that ES-CA had an article published in the March edition of the Signpost.
IT: EM reported that he had met with Kathy Kitts and Chris Miller to discuss making the website easier to update and he is in the process of making updates to Political/Legal: John McNerney reported that he has been working on the pipeline issue and is reviewing the information we have already received from the various pipeline companies and is in the process of updating this information. EM reported that he met with Enterprise to be briefed on the maintenance work that they will be doing on 3/28/16. He noted that Enterprise will be meeting with the SC Fire Department on 3/21 to brief them.
Watchdogs: LK proposed sending an e-mail to the current Watchdog alerting them to the major issues in the hope of getting more of them to attend government meetings.
LPT: Dick Ulmer reported that the County had added Vulcan and Cal Mat as defendants to the lawsuit. Commissioner Dominguez stated that the County was pursuing a way to impose a deadline on closing the Vulcan operations. Dick noted that NMED has selected a site for the air monitoring.
Current Issues discussed were:
BLM/RMP: The RMP may be released any day and a flyer is ready to be sent to all residents notifying them of the RMP and the need to submit comments. BG noted that the Governor has said she will take the full 60 days to review.
KUPR Fundraiser: EM reported that he was at the fundraiser and contributed $600 from ES-CA.
Oil and Gas Drilling: EM reported that he had sent a letter to the County requesting a moratorium on reviewing any new applications until an ordinance is in place. Comm. Dominguez stated that the County Commission will be discussing both a moratorium and an ordinance at a special work session schedule for March 28. BG noted that Thrust Energy claims there may be 800 million barrels of oil in the area around Rio Rancho.
Upcoming events include The Highway Cleanup, which is scheduled for Saturday, April 23, the Annual ES-CA meeting on June 11, the Candidates Forum on September 10, and the Member Appreciation Event on October 16.
John McNerney was appointed to fill the vacant District 4 Director position. This seat has been open since Tony Hull resigned.
The next Board meeting is scheduled for Monday, April 4, 2016, beginning at 6:30 pm at the Placitas Fire Station.
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