Buffalo Tract Protection Act

Senator Martin Heinrich plans to introduce the “Buffalo Tract Protection Act” into Congress this year. ES-CA sent a letter of support  HeinrichLtrReAct_Jul2016 for the proposed Bill BuffaloTractHeinrichBill_July2016.

If you want to send your individual letter, you can email it to his aide Abby Lewis at Abby_Lewis@heinrich.senate.gov, or send by regular mail to Hon. Martin Heinrich, United States Senate, 303 Hart Senate, Office Building, Washington, DC 20510. The more letters the better.

The final Rio Puerco Resource Management Plan could come out any day.  The draft published in July 2012, opened the Buffalo Tract and other nearby public lands to gravel mining. Our area already has six gravel mines with four of them being among New Mexico’s thirteen largest. The cumulative negative economic and quality of life impacts, as well as health risks, of these mines on our area cannot be overstated.

Sandoval County passed Resolution 8-6-15.7 on August 6, 2015 “the Board does not support any new sand and gravel mining on the BLM Land Known as the Buffalo Tract…”. An August 2014 blind survey of our membership, 91% Agreed or Strongly Agreed “Never allow any type of mining or extraction (except water) on the property (Buffalo Tract)”. According to Plate 58 published in the 2012 draft RMP, there is a 60 mile aggregate rich (Rio Grande) corridor with an abundance of areas better suited for gravel mining.

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ES-CA Annual Meeting

The Eastern Sandoval Citizens Association held its annual meeting on Saturday, June 25, 2016, at the Anasazi Winery.  Board members attending included, Ed Majka, Bob Gorrell, Susan Fullas, Chris Daul, John McNerney and Lynn Koch.  Elected officials attending were State Representative Jim Smith and Sandoval County Commissioner James Dominguez.  There were approximately 60 residents in attendance.

 

The first speaker was Danita Burns, who is the Albuquerque District Manager for the Bureau of Land Management.  John Brenner, the BLM Field Manager for the Rio Puerco Office, was also in attendance.  Ms. Burns explained how large the BLM land area is in this District and the difficulties in managing the land wherein one half of New Mexico’s population resides.  She stated that technical issues have kept the Resource Management Plan from being issued yet but that she expects it to be issued within the next two months.

 

We will have 30 days in which to submit comments after the RMP is released.  ES-CA and the Las Placitas Association are coordinating notification of residents as soon as the document is released.  It is expected that the RMP will recommend sand and gravel mining in part of the Buffalo Tract and it is important that all residents submit their comments in a timely manner and that we make our position known to all of our elected officials.

 

BLM has stepped up its requirements on reclamation of mining sites by requiring that the companies secure sufficient bonds to cover the costs, should they default.   BLM does receive remuneration from any private company that utilizes BLM land for business operations and they do strive to balance land protection with other uses. 

 

The next speaker was Valerie Espinoza, who is the chairwoman of the NM Public Regulation Commission and the representative for our area of the State.  She provided an overview of what entities the PRC regulates, which includes utility companies, telecommunications and public transportation companies.  She noted that the PRC does not regulate private trucking companies.

 

Ms. Espinoza also discussed pipeline safety and had an inspector from the Pipeline Safety Bureau of the PRC discuss in detail about the pipelines that run through Placitas.  Information on the pipelines is posted in the Forum.

 

Dick Ulmer, chair of the Land Protection Trust discussed sand and gravel mining and how it has a negative effect on homeowners in the area.  He noted that as soon as the LPT was added to the lawsuit against Vulcan, they began settlement talks.  Dick also commented on the new air monitoring station that NMED has installed in Placitas and that NMED has issued violation notices to Vulcan for air violations.

 

ES-CA vice president Bob Gorrell spoke about Sandoval County ordinances and how ES-CA is trying to work with the County to adopt an ordinance that would regulate oil and gas drilling.

 

John McNerney, ES-CA’s director of political and legal affairs spoke about the pipelines in Placitas and his information sheet is posted on the Forum.

 

Chris Daul, ES-CA’s communications director spoke about the hospital tax and what the hospitals and the County are looking for as the tax expires at the end of this year.  Sandoval Regional Medical Center has met with ES-CA and provided information as to their operations and cost.  They have not made a formal request to continue the tax but it is expected that they will ask for a continuation at the present rate of 4.25.  ES-CA will be meeting with RUST Medical Center to discuss this issue as well at the next ES-CA board meeting on July 11.

 

ES-CA has not taken a position on the tax question at this time.  ES-CA has asked SRMC and will ask RUST if they would both make a joint presentation to the Placitas Community early this fall. 

 

ES-CA president Ed Majka closed the meeting by reminding everyone of the important role that residents play in getting our voices heard by the County, the State and the Federal government. 

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Contact Info for BLM and PRC

PRC and BLM contact info

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Placitas Pipeline Info

Please review the info presented by John McNerney at the ESCA Community Meeting by clicking on this link    Placitas Pipelines info 2016

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Air Quality Monitoring Now Operational in Placitas

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).

===================================

 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.
 

http://drdasnm1.alink.com/

Respectfully,

Donna J. Intermont

Operations Section Chief

NM Environment Department

Air Quality Bureau 

                         

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LPT moves forward with Lawsuit

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.

 

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The public understands its dependence on clean air and water- And Oil.

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.

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ES-CA BOARD MEETING OF APRIL 4, 2016

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.

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Response to SandRidge Consultant ABQ Journal Article

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

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