Eastern Sandoval Citizens Association

ES-CA and LPA representatives met with County Manager Phil Rios and Commissioner James Dominguez on July 22, 2015 to learn why they recommended that most of the “Whereas” statements included in the Resolution be removed. ES-CA believe that the Resolution could play an important role in future County gravel mining deliberations such as the potential expansion of gravel mining in the BLM Buffalo Tract. The BLM Rio Puerco Resource Management Plan that includes the Buffalo Tract is now expected to be released in August or September. We need the County to protect its citizens who have invested wisely in Sandoval County, those who would like to invest in Sandoval County, and to guard all its residents from any activity that would negatively affect our economy, health, or safety.

A new draft Resolution [click here to see] will come before the Commission at its regular meeting on Thursday, August 6th, 6:00PM, at the County Administration Building located at Hwy 528 and Idalia. The new draft has added back :”WHEREAS, those areas of Sandoval County that are contiguous to the Buffalo Tract are currently zoned RRA (Rural Residential Agricultural)“. This is an important statement that demonstrates that property investments made throughout Placitas were and will be made anticipating homes and agriculture land use and not mining. The county staff felt strongly that the other health and property value statements we had included in the original draft might be expensive for them to defend if a legal issue arose. They expressed confidence that the current draft puts the “non-adversarial use” burden-of-proof on the developer. The original draft from earlier this year may be viewed by clicking DRAFT County Resolution _15April2015.

Eastern Sandoval County currently has four of New Mexico’s thirteen largest gravel mines all within a six-mile radius of the Placitas community where more than 14,500 people reside in over 6,200 homes with no Federal, State, or County agency actively monitoring the cumulative effect of the fugitive dust and small particulates from these mines on surrounding residents.

While we felt the deleted assertions had sufficient basis for inclusion, ES-CA (and its LPT) have concluded that the current resolution needs to be supported to put the County on record that they cannot support gravel mining that “adversely affects” its citizens. We would encourage each of you to attend the meeting and let the Commissioners know that:
1) We want them to pass the resolution,
2) The economic net loss to the County and the health and safety concerns we are experiencing indicate that we are already being adversely affected and don’t need another large gravel mine in the area adding to the issues, and
3) We expect the County to take an active role in working with the BLM as well as other Federal and State agencies to ensure that any such mining proposal clearly demonstrate that such concerns will be adequately mitigated.

We do understand that the County has no control over the BLM and therefore must accomplish the above with diplomacy–and we do appreciate the efforts of the County staff to present a resolution that “keeps the door open” to the BLM for such discussions.

About 80 people signed the entrance log of Vulcan’s Community Open House held at the Placitas Library on Tuesday, July 7. It is estimated that another 100 plus turned around when the saw there was no place to park. By ten minutes after four o’clock, when the event began, vehicles were already parking out on 165. Because of that, folks simply made “U” turns at the Fire Station and headed back home.

Missed by many were the several information stations, each one dealing with a specific topic, including: “Safety and Health;” “Mandatory Standards and Practices;” “Environmental Compliance;” “Environmental Stewardship;” and, “Reclamation.” There were friendly and knowledgeable representatives of Vulcan at each station, with additional representatives throughout the room. What none of them seemed to know was the most asked question: “When will the gravel mining be completed, and the land reclaimed?” Vulcan staff did state that they reclaimed all non-active areas and they claimed to be environmentally responsible. This was encouraging news that residents were actually being able to have a friendly visit with a gravel operator’s staff.

Some residents were disappointed in the format of the event and asked that Vulcan return with a formal presentation that included a question-and-answer session. A few residents were pleased with the format, but all agreed that Vulcan should continue to communicate with residents. Vulcan representatives stated that they were unable to discuss any issues relating to the current lawsuit between Sandoval County and Lafarge, which would include expanding operations beyond the boundaries listed in the original County’s “grandfathered” approval.

Vulcan has purchased or leased for operation three of the five gravel mines operating in the Placitas area. The “Placitas Mine” previously operated by Lafarge, is the one associated with the active lawsuit and is located in the northwest area of Placitas. Barbara Goodrich-Welk, who is the Manager for Projects and External Affairs of the West Region of Vulcan, stated that this event was the first step in their outreach program to Placitans. She said that Vulcan will make future presentations and schedule tours of facilities for residents. Since the meeting, ES-CA has asked for a tour of the mine-site across the road from Algodones.

ES-CA, in cooperation with its subsidiary LPT and also LPA, asked Commissioner Dominguez to pull a Resolution from the Commission’s draft agenda crafted to guide future deliberations related to gravel mining of the BLM Buffalo Tract. Click here DRAFT County Resolution _15April2015 to see the proposed Resolution and here Resolution on BLM Buffalo Tract_Backup_ReducedSize to see the back-up material facts.

The Eastern Sandoval Citizens Association (ES-CA) was disappointed that Sandoval County was unwilling to support a strong Resolution concerning any future sand and gravel mining in the Placitas, Algodones, and Bernalillo areas. The “Whereas” clauses, the substance of any Resolution, cited relevant facts to be considered prior to any future County gravel mining approvals. The Resolution also reiterated the importance of public process anytime that a change in land use may defy reasonable expectations of property owners. Expectations of investment value are often formed by adjacent land use and zoning regulations.

Eastern Sandoval County currently has four of New Mexico’s thirteen largest gravel mines all within a six-mile radius of the Placitas community where more than 14,500 people reside in over 6,200 homes with no Federal, State, or County agency actively monitoring the cumulative effect of the fugitive dust and small particulates from these mines on surrounding residents. ES-CA will attempt to meet with the Sandoval County Manager to understand how the Resolution, brought forward by our Commissioner Dominguez, can remain intact for the Commission’s consideration for adoption. ES-CA is hopeful that a solution can be reached and a public hearing of the original document will occur.

The BLM Rio Puerco Resource Management Plan that includes the Buffalo Tract is now expected to be released in August or September. Information and debate on what is best for the State, County, and Placitas must be credible and result in what is best for the future of all, but especially for the protection of the health, esthetics and value of the Placitas area which faces additional gravel mining. With the support of Representative Smith, Environmental Secretary Flynn, and Bureau Chief Richard Goodyear of the NM Environmental Department (NMED), LPT is working to understand the cumulative effects of these multiple mines and I-25 traffic on Placitas and all of the adjacent communities.

Vulcan Materials have arranged a community meeting at the Placitas Library, Tuesday, July 7, from 4-6PM. During this past legislative session, and following the defeat of ES-CA’s House Bill 188 to allow greater County enforcement of its Zoning Laws, the mining lobby, through Representative Smith, offered to arrange a meeting with Vulcan leadership. This is not that meeting. Vulcan have stated that they would like first for the community to know their company character.

By clicking this link 28June2015_Vulcan Questions you will find the questions that ES-CA’s Land Protection Trust (LPT) provided to Vulcan and further below in this article Vulcan’s response . The lawsuit that Vulcan refers to is the Sandoval County vs. Lafarge lawsuit that is on its fifth or sixth judge without its first hearing. ES-CA has filed a complaint with the court to join this suit. ES-CA believe there are three primary violations. The first and second are that mine has grown past its permitted boundaries and its maximum active (un-reclaimed) quarry size. The third is that the mining lease, and therefore mining, are not to extended past 2015.

From: Goodrich-Welk, Barbara [mailto:goodrich-welkb@vmcmail.com]
Sent: Friday, July 03, 2015 8:20 PM
To: Bob Gorrell; Representative Jim Smith
Cc: Barbara Goodrich-Welk
Subject: Fwd: Vulcan Materials Company Open House–Placitas

Hi Bob. Yes, you are correct. Vulcan, as a matter of practice, believes that doing the right thing–socially, environmentally, financially–is the only way to be successful. That said, we understand that it may take time to develop and build a working relationship with the community. To that end, Vulcan views this Open House as a good first step toward building a respectful relationship with the community that surrounds our facility. We hope that the residents afford us the time and opportunity to demonstrate that we are a responsible company.

As I mentioned previously, there are a number of questions that your community members posed that we are unable to answer because the topic is subject to current and/or potential litigation. For those topics/questions, it would be inappropriate for us to comment. What I can tell you, however, is that Vulcan is excited to have acquired our predecessors business. We understand the community has questions about who we are and how we operate. Again, we are hopeful this open house is a good first step to start a positive dialog with the community.

Below are a couple of answers to questions posed prior to the open house. I took the liberty of merging several of the questions that were similar.

I am looking forward to meeting you and the residents of your community Tuesday. I hope you have a wonderful Independence Day weekend!

Barb

What protocols have been set up to address neighbor complaints and detrimental issues arising from the operation of the mine? / Will there be a contact or issue-resolution person at the home office that has the authority to address unresolved issues arising from operations?

Vulcan is committed to open and transparent communications with the community where we operate. Consistent with this practice, we have set up an 800 number for the residents to use as a direct line to our team. The number for this line will be provided at the Open House.  This can be used to contact a Vulcan representative that can assist you in answering questions that may arise. 

Consistent with Vulcan’s practices and standards of environmental and land stewardship, we have hired a full-time Environmental Specialist dedicated to support all of our NM operations, including the Placitas facility.  In addition to the NM area Environmental Specialist, our company has a Division Environmental Manager.  This manager is responsible for compliance support for all of our Mountain West operations (AZ and NM).  This manager is responsible for inspecting and auditing the effectiveness of our management systems at both the individual plant and area levels.

Is there any monitoring of air pollution outside the perimeter of the mine and in the Placitas community in order to provide clear demonstration that issues are not occurring?

Vulcan takes the safety of our workers and neighbors very seriously.  Our Safety Health and Environment (SHE) processes and practices were designed to meet and/or exceed applicable laws and plant-specific permit conditions.  Vulcan deploys three tools at every site:  Employee training.  Systems audits. Operating facility inspection plans. We are fully engaged with the appropriate regulating agencies on these matters.

Are you monitoring the incidence of respiratory issues at the mine perimeter and comparing this to the norm? What would you do to warn the community if levels at the mine reach an unusually high level?

Since Vulcan purchased the site last Fall, we have implemented a full Environmental Management System (EMS) which includes emissions control and reporting. We are committed to complying with our permit which is issued by NMED.  The permit developed by the NMED uses compliance standards that are designed to be protective of public health.  Our commitment is to fully comply with these standards and to openly communicate with our neighbors. 

Can the local community expect a greater effort from Vulcan to resolve detrimental issues arising from operations until mining cessation?

Vulcan is delighted to have acquired this business.  We understand the community has questions about who we are and how we operate. This Open House is our opportunity to start this positive dialog with the community.  

By Dick Ulmer – On Monday, the HEENC tabled (read that as “killed”) our proposed amendment to clarify and increase the fine for gravel mining operators who violate zoning laws in our 5 largest New Mexico Counties. It was a vote against local control. Speaking personally, (and as a very disappointed registered Republican) this came down to a party line vote where I can only conclude that the Republicans on this committee agreed that there should be a greater fine ($1000) for those who litter in this state than for unscrupulous businesses who fill the lungs of our citizens with dust, our ears with the noise of crushers and heavy equipment, and our eyes with 100’s of acres of scorched and un-reclaimed dirt ($300 fine). In the testimony given to the HEENC, we drew their attention specifically to this inequity—and to the lack of any state regulations (this state has arguably one of the best mining laws in the U.S.—yet they have decided that gravel mining is not mining and sand and gravel are not minerals—so the state laws do not apply to our issues), which means we have enforce things like noise control and reclamation with local zoning laws. We made it clear (as did the Sandoval County lobbyist) that the current $300 limit that the state places on fines for local zoning violators, makes local zoning ineffective and leaves only the courtroom as a very expensive way to protect our citizens, and that moves at glacial speed while the violations continue.

However, I want to point out the super job that Representative Smith did to try to guide this bill through (and in the time and coaching he gave us)—even though he was clearly flying in the face of his own party leadership. Also, we much appreciate the co-sponsorship of Senator Sapien—and only wish we could have found a way to get this into the Senate where I think we would have found a much more understanding climate for our dilemma and proposed solution. And we thank Bob Gorrell for his tireless efforts, and those of you who made the effort to go to the statehouse and show the priority we placed on this legislation, as did the many of you who took the time to write to the committee members.

We may be disappointed—but we are not beaten. We will increase our focus on the legal battle and hope to see the judge soon respond to our request for a hearing on our intervention request—and then act on the suit itself. ES-CA and LPT members are continuing to push the NM Environment Department with regard to their investigation of what is happening to the large levels of water and its contaminants after use in the mining operations, as well as pushing for mining area perimeter air quality/small particulate monitoring.

And we are preparing for battle when the BLM issues the Resource Management Plan (RMP) for the Buffalo Tract.

So we hope that all of you will continue to provide the various kinds of support we need to continue to protect the beauty and quality of life that brings us to this wonderful area.