FEBRUARY 1, 2016 BOARD MEETING NOTES

The ES-CA Board had its regular meeting on February 1, 2016. Board members attending were Ed Majka, Bob Gorrell, Susan Fullas, Chris Daul, Jerry Saxton, and Lynn Koch. Also in attendance were Dick Ulmer, Rob Vitello, Jacque Moise, John McNerney, Jim Harre, Mike Neas, Scott Chapman, and Judy Labovitz. It was reported that Tony Hull has resigned from the ES-CA Board. The Board will consider appointing a replacement from District 4.

Ed noted that the Highway Cleanup was now scheduled for April 23. The Cleanup with be done in conjunction with the other Placitas entities that do cleanup. Please contact any Board member if you are interested in participating.

Dick Ulmer reported that the Vulcan mine footprint has increased and that the County has not inspected the site since Vulcan took control. Ed is going to send a letter to the County requesting that an inspection take place. Dick also noted that they are reviewing the possibility of filing a nuisance suit against Vulcan. The County has finally motioned to have Vulcan joined as a defendant in the suit. The NMED is moving forward with placing an air monitoring station in the area.

The proposed oil and gas drilling application by SandRidge was defeated by the Sandoval County Planning and Zoning Commission. The matter proceeds to the County Commission who can vote to affirm the P&Z decision or send it back to the P&Z for further consideration. ES-CA will continue to push for the adoption of an ordinance to regulate this activity in the County.

Ed reported that he had received notice from Mid-America Pipeline Company of scheduled maintenance work at their pump station. This notice will be posted in the Forum.

We have received notice that the Bureau of Land Management will issue their plan for proposed uses of the Buffalo Tract within 30-90 days. We are anticipating that the plan will allow for sand and gravel mining. We will be notifying all members as soon as the plan is released and mobilizing opposition to any future mining in this area.

The next ES-CA Board meeting will be on Monday, March 7, beginning at 6:30pm at the Placitas Fire Station.

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MID AMERICA PIPELINE MAINTENANCE

ES-CA received a letter from Mid-America Pipeline Company informing us of maintenance work that will take place on their pipeline located in Placitas. This work is described in the letter below and is basically a process to test the pipeline.
ES-CA has worked to develop relationships with the pipeline companies. As a result, we are now informed of any work that will take place on the pipelines. We are glad to see this continuing monitoring of the pipelines which will help to insure the integrity of them and the safety of Placitas residents.
Please let us know if you have any questions.

To:
Eastern Sandoval Citizens Association-President Ed Majka
Las Placitas Association-President Sandy Johnson

Courtesy notice,
On or about March 28, 2016, Mid-America Pipeline Company (MAPL) will be performing maintenance activities on its pipeline system near the western edge of the Placitas community. The work will involve receiving and removing from the pipeline an inspection tool known as a pig. This device, which is an important part of our ongoing integrity management program, travels inside the pipeline and provides valuable data we need to ensure continued safe and reliable operations.
The most visible sign of the work taking place will be a brief increase in the presence of vehicles and personnel in the area, which could be at the site during nighttime hours. However, there will be no excavation or flaring taking place, so disruption to the community should be minimal. For the operation, product in the pipeline will be replaced with nitrogen, a non-flammable, inert gas that will have no impact on residents or the environment. MAPL has notified the appropriate authorities of its plans and all necessary permits related to the operation will be obtained before work begins.
If you have any questions or concerns please contact Robert North Area Supervisor.

505-599-2895 Office
505-486-0713 Mobile
rnorth@eprod.com

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ESCA letter re:Proposed Ordinance

Proposed Ordinance ZNCH-15-003

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FORUM ON PROPOSED OIL AND GAS DRILLING IN SANDOVAL COUNTY

ES-CA hosted a forum to discuss three of the major issues facing residents in Placitas and Sandoval County on Saturday, January 9th. Those issues are gravel mining, pipeline safety and proposed oil and gas well drilling. The event, held at the Placitas Presbyterian Church, drew over 90 people, including a number of government representatives. State Senator John Sapien, State Representative Jim Smith, Sandoval County Commissioner James Dominguez, Sandoval County Clerk Eileen Garbagni and Arcy Baca, representing NM Public Regulation Commissioner Valerie Espinoza, were all in attendance.

Dick Ulmer gave a brief overview and update on the pending lawsuit with Lafarge. It was noted that, had there been a gravel mining ordinance in place at the time Lafarge began operations, we probably would not be in the legal situation that now exists. He also provided current status on the BLM activities and the potential for additional mining associated with their action that we are trying to prevent.

Ed Majka spoke about ES-CA’s work in developing relationships with the three pipeline companies that operate pipelines that run through Placitas. Ed noted that all of the pipelines are interstate pipelines which means they are regulated by the Federal Department of Transportation. Ed noted that the ES-CA Board has met with PRC Commissioner Valerie Espinoza on this issue and she has offered to assist in obtaining information from the Federal government on risk and safety tests and analysis about the pipelines in Placitas. Unfortunately, without enabling legislation, the NM PRC has no jurisdiction over these pipelines.

Bob Gorrell then gave a presentation on the oil and gas drilling in NM and noted that State revenues rely heavily upon this industry. He noted the May 2015 draft study conducted by the US EPA states that incidences of drinking water contaminated by fracking are very small. Breaches can lead to groundwater contamination and great harm that can occur, but very well defined processes and qualified oversight are necessary to minimize risk. Sandoval County lacks an ordinance to minimize risk. He stated that Sandoval County could borrow from the Department of the Interior, who recognizing the evolving science fracking safety, implemented new rules in March of 2015. On all BLM land for example, detailed information including geology of existing wells to lower risk of cross-contamination is now required, and for future accountability, disclosure of chemicals into FracFocus. Bob stated that the Albuquerque Basin, in which the proposed exploratory well would be drilled, is a rift valley with extensive rock fracturing reaching 25,000 feet that would make containment of contaminants difficult.

The meeting was opened up to discussion from all attendees. A consensus emerged that Sandoval County should adopt an ordinance to regulate oil and gas drilling and that the County should adopt a moratorium on any new drilling until the ordinance is in place. Commissioner Dominguez stated that he had met with the County Manager to begin drafting such an ordinance.

Further discussion ensued about the extent of the moratorium and it was decided that the geographic area would be limited to all lands within a 10 miles of the Santa Fe Aquifer. A letter request is being prepared by the ES-CA Board and will be sent to Sandoval County. A copy of that request will be posted in the ES-CA Forum.

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ES-CA BOARD MEETING NOTES – 1.4.16

The ES-CA Board held its monthly meeting on Monday, January 4, at the Placitas Fire Station. Directors attending included Bob Gorrell, Ed Majka, Lynn Koch, Susan Fullas, Jerry Saxton and Chris Daul. Kathy Kitts was in attendance as a delegate for Tony Hull.

District Director election results were confirmed as follows: District 1 – Ed Majka; District 2 – Chris Daul; District 3 – Jerry Saxton; and District 4 – Tony Hull. The Board then elected new officers for 2016 as follows: President – Ed Majka; Vice President – Bob Gorrell; Treasurer – Susan Fullas; and Secretary – Chris Daul.

The Board also adopted a budget which reflects operating expenses such as insurance and website maintenance. There are no paid staff members at ES-CA and all Board members volunteer their time, along with all of the other volunteers who manage various committees and issues.

The main issue of discussion was the pending application for oil and gas drilling in western Sandoval County, approximately 2 miles from the Rio Rancho city border. The County Planning and Zoning Commission has held one public meeting on this matter where there were a number of objectors present. ES-CA is holding a Forum on Saturday, January 09, 2016, from 2-4 pm at the Placitas Presbyterian Church to further discuss this matter. An update will be posted in this forum later.

The next Board meeting is scheduled for Monday, February 1, 2016, beginning at 6:30 pm at the Placitas Fire Station (41), located at 463 Highway 165. All are welcome to attend.

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WATER INSANITY, TRADING WATER FOR OIL

By Mike Neas – Individuals within the City of Rio Rancho and the Sandoval County Planning and Zoning Dept. seem to be on track to allow a fracking Oil and Gas well just outside of the City of Vision. This fracking well will penetrate the Santa Fe Group aquifer which the people in the Rio Rancho, Corrales and Bernalillo areas depend on to exist here in this water strapped Southwest. For years the County and the City have expressed concerns for conservation and the need to find new sources of water in order to provide for the fastest growing and 3rd largest city in New Mexico. The well would be located in a Water Conservation Area and will require possibly a million gallons and more of water. SandRidge, the financially flailing Oil Company which hopes to produce petroleum products with the highly controversial and toxic fracking process has said that an agreement has been reached with Rio Rancho to supply the needed water.

Water is the most important ingredient in the fracking process. It is mixed with toxic chemicals in order to allow previously irretrievable amounts of oil and gas to be recovered and processed. The problem is that if oil or gas is found, there will never be just one well. And one million gallons of water turns into millions and billions of gallons of water state wide. This poisoned concoction is often times afterward pumped down disposal holes to lay and cook for eternity. This water is taken out of our finite water resources and replaced with natural gas and profits.

Sandoval County has spent millions on its Brackish Water Desalination Treatment Facility Experiment. And at one time the City of Rio Rancho emphatically expressed their need for that water and their willingness to buy that water. Rio Rancho does not have enough water and yet they seem willing to trade clean, drinkable, quality water for Oil and Gas dollars. What kind of Vision are we talking about? The only reason to allow this well is the hope for a successful well. One Successful well will absolutely lead to more. And a successful well not only has the potential to pollute our drinking water, but it will displace our drinking water with natural gas and money that probably won’t even stay in New Mexico. Our future is with water.

I haven’t even discussed the real and possible negative scenarios associated with fracking. Or the relevant discrepancies in the SandRidge presentation and paperwork, nor the Arbitrary and Capricious manor that individuals in the City and County have allowed this Application to proceed. This discussion is about the water and our dependence on it is paramount.

This fracking reality affects us all forever, and everyone in Sandoval County should weigh in, especially at the next Sandoval County Planning and Zoning Commission meeting on Jan. 28, 2016. A moratorium is needed and an Oil and Gas Ordinance should be adopted.

Posted in Special Announcement, Zoning and Land Use | 1 Comment

A Journey of 1,000 Miles

By Alan Friedman – A journey of a thousand miles begins with a single step – An oilfield of 1000 wells begins with a single well

SandRidge’s projected well is sited on two acres of land owned by a subsidiary of AMREP. The Permit issued by the State Oil Conservation Division allows for 40 acre spacing. No producing oil and gas field ever has a single well.

In 2014, AMREP leased 55,000 acres of property it controls, to Thrust Energy and Cebolla Roja for the purpose of exploring for, developing, producing and marketing oil and gas. At 40 acre spacing, this could allow up to 1375 wells.

SandRidge’s spokesman mentioned water use for this well at about 800,000 gal. The truth is that the amount of water used will depend on the rock formation to be fracked. Oil and gas production by fracking uses an average of 3.6 million gal for a single well.

In 2014, Bernalillo used 1229 acre feet of water. Rio Rancho used 12,000 acre feet of water. 1375 fracking wells would use more than 15,000 acre feet of water. Where will this water come from?

This represents only the water use aspect of Oil and Gas production on this 55,000 acres. Sandoval County is not prepared for this aspect or many other aspects of this potentially huge project.

Currently, zoning is the only mechanism Sandoval County has to regulate oil and gas production and it’s impact on the County and it’s Residents. This SandRidge zoning change request should be put on hold, and we should place a moratorium on oil and gas drilling and production until the county passes a comprehensive Oil and Gas Ordinance.

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ES-CA BOARD MEETING OF DECEMBER 7, 2015

The ES-CA Board met on Monday, December 7, 2015. Commissioner Valerie Espinoza, of the New Mexico Board of Public Regulation Commission, attended the meeting, along with her chief of staff, Arcy Baca, and, the Pipeline Safety Bureau Chief, Jason Montoya.

Mr. Montoya made a presentation to the Board and other attendees in which he outlined the duties and responsibilities of the NMPRC as it regulates pipelines in New Mexico. As we all knew, the NMPRC does not have jurisdiction over interstate pipelines, which are the pipelines of most concern to Placitas residents. However, he did provide information concerning where we can find safety and test results for the pipelines and promised to assist us in obtaining this information. The NMPRC does maintain relationships with the pipeline companies and will assist us in future dealings with them.

It was announced that the four current District Directors were re-elected to their positions. Ed Majka – District 1; Chris Daul – District 2; Jerry Saxton, – District 3; and, Tony Hull – District 4. The Board will elect new officers at the January meeting.

Major issues facing Placitas and the area for 2016 include: proposed oil and gas drilling; property development at the I-25 exit 242; the BLM land disposition and use; hospital bond renewal; and, revision of the Sandoval County zoning ordinance. If anyone is interested in helping on these or any other issues, please contact a board member or attend the next meeting on January 4, beginning at 6:30 pm, at the Placitas Fire Station on Rt. 165.

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Intervention Hearing . . . To Be Continued!

By Dick Ulmer – Steve Vaughan and I attended the District Court hearing last Friday morning (Friday, November 13, 2015) in the Sandoval County Court House—the Honorable Judge Cindy Mercer, presiding. The lawyer representing Mt Adams (MT, the landowner, who has not changed) was not at the hearing so the judge called him and he claimed he did not receive notice of the hearing (which the Judge shot down by stating the proof she had of delivery)—and as a result the judge had him attend and participate via speakerphone.

Before the Judge could actually begin hearing, our lawyer presented the arguments for our intervention in the suit.  The Lafarge and MT Investments lawyers (MT was the holder of the operating lease who subleased to Lafarge) stood up and told the Judge essentially that they didn’t know why they were in court, since as of August 2015, neither party is any longer involved. Our lawyer argued that this issue was the result of the continuing delay, and that it should have no bearing on the question (the reason for this hearing) of whether ES-CA has standing to intervene.

The Sandoval County Attorney took the position that this change was a surprise to the County, and also went on record stating that he felt that ES-CA (represented by Steve and I) should be allowed to participate and that our involvement would be helpful to an appropriate outcome (we had communicated the change of operator to our attorney in October of 2014—however, any motion to substitute or add defendants must come from the County).

After hearing from the parties concerning their position on continuing the hearing, the Judge Mercer concluded that as the County was seeking injunctive relief (for the operator to stop doing things considered to be in violation of the Non-conformance Certificate), the current operator was key to the case and needed to be heard with regard to whether ES-CA should be permitted to intervene. She set a date (Jan 15, 2016) by which the appropriate actions need to be taken by the County to determine if MT Investments and Lafarge should be dropped from the action, and Vulcan (and/or CalMet—who I understand to be a Vulcan subsidiary) to be substituted. Further, the parties agreed to subsequent hearings at the Valencia County Courthouse, where Judge Mercer has her own courtroom and can more timely schedule hearings.

While we were extremely disappointed by no ruling on our request to intervene, through this hearing, the following became part of the record:
1) Judge Mercer noted and commented that this case had been ongoing too long and seemed genuinely interested in moving it forward
2) The County does not object (in fact, stated support for) to our request for intervention
3) The Mt Adams lawyer offered another case as precedent for why ES-CA/private individuals should not be permitted to intervene—our lawyer will be researching that before the next hearing
4) A new operating lease is now in effect between Mt Adams and Vulcan (MT Investments are no longer involved). The Lafarge lawyer was less direct and left some speculation as to the possibility that they may still have an interest in the outcome due to terms of the Vulcan acquisition of the Lafarge assets in late 2014.

That said, we would still have to conclude that this results in a 3 to 4 month delay in finding out if we have standing and any resolution of the lawsuit itself. We are already communicating with our lawyer to understand the potential implications if Lafarge were allowed to remove themselves and Steve will be obtaining a copy of the transcript so we can study it further.

Posted in Current Issues, Partner Post, Zoning and Land Use | 1 Comment

2015 District Representative Candidates’ Biographies

To see the ES-CA District Map click ES-CA Boundaries.

District 1 (approximately from I-25 to mile post 2):
Ed Majka and his wife Marjorie have been New Mexico residents for 17 years and lived in Placitas since 2007. Currently retired; enjoys Golf, Travel and New Mexico and is also VP of ES-CA, and Chair of ES-CA Political Legal Committee. BSBA degree, Niagara University, NY; US Army Officer; Former President of $75mm Hazardous Waste Company; Board Member of Recycling Company; Officer of Waste Management Inc.; Environmental and Real Estate Consultant; former New Mexico Real Estate Associate Broker. Prior to moving to NM, due to Military and Corporate assignments, has resided in NY, AL, MS, TX, OH, CT, MA and NJ. Lives on Sky Mountain Road.
District 2 (approximately from mile post 3 to mile post 4):
Chris Daul and his wife Ginny have lived in Placitas for three and one-half years. He Has served as the District 2 Representative on the ES-CA Board for the past two years and served as secretary and communications chair. He is Involved in many groups and activities in the area, including being a volunteer in the Sandoval County Fire Department, ; the Placitas Recycling Association, and playing in the local band Rock Zone.
Chris previously worked in NJ State government as an attorney with both the Department of Environmental Protection and with the State Senate, and continues to provide consulting services to his previous company in NJ, advising on environmental, land use, transportation and solid waste matters. He also works part time as an EMT in Albuquerque.
District 3 (approximately from mile post 4 to mile post 6):
Jerry Saxton and his wife Janice is a long time Placitas resident and he became members of ES-CA shortly after it started in 2011 and is the ES-CA membership chair. I have been a Placitas Resident since 2001 when I moved to Ranchos de Placitas. Interests have always included environmental issues and the political activities required to preserve our unique and remarkable community. Is the President of Board of Rebuilding Together Sandoval County, a charity that repairs homes for poverty level homeowners at no cost to the home-owner. Is the Democratic Party of Sandoval County Ward A Chair for Ward A that includes the north east Sandoval County including Placitas, Bernalillo, Algodones, and 6 Pueblos.
Retired from Geophysical Services Inc. after 23 years, became a geophysical software consultant to Halliburton Geophysical Services for several years. Has a BA in Mathematics and Psychology, MS in Mathematics, and Doctoral work in Mathematics, Computer Science, and Geophysics.
District 4 (approximately everything east of mile post 6):
Tony Hull has been member of ES-CA from its start and has served two terms District 4 Representative. Recognizing how special Placitas is he acquired property in 2005, moved here is 2009. Is active in the community, including developing 10 exhibits at the Placitas Public Library on the History of Placitas in the 1960s and 1970s, and serving on the Library programs board. Has helped found Resilient Placitas, and Placitas Wild. The latter is concerned with rational and humane approaches to coexisting with wildlife, including the free range or wild horses. Has a broad concern for our fragile ecosystem, forces like pipelines and mines which create risks to our safety and way of life, and to political forces which may or may not recognize what we on the East Side value about our way of life.
As Adjunct Professor of Physics and Astronomy at UNM, he brings a scientific background to some of the local situations (pipelines, mining, light pollution, etc.) that affect our current and future quality of life. His career included work for NASA and industry, including directing the team that built the mirror suite for the James Webb Space Telescope, NASA’s sequel to Hubble, currently NASA’s largest astrophysics project (launching in 2018).

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