Here is an areal photo of the Fisher property, taken Feb. 16, 2012:
Here is a previous photo from late January, 2012:
This is an email sent by David Olson with Fisher Sand & Gravel to Lynn Koch and Steve Gudelj, with La Puerta Real Estate, regarding the property they own south of Hwy 165, on which the asphalt equipment recently appeared.
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Steve
Just wanted to send you a quick email addressing you concerns about the Fisher property south of Hwy 165. I have lived in Placitas and have been a manager at Fisher Sand and Gravel New Mexico for 8 of those years. And would hope to be considered part of the community. Fisher bought the land as an investment and intends to grade the property into a useable parcel and develop it. We have never intended to set a permanent hot plant on the site. We have only requested to set a temporary plant on that location for an Interstate improvement project that was directly adjacent to the property. However, because of the concerns of the residents we withdrew our request for a permit and have not reapplied for one. In the future, if there are any concerns please feel free to contact me directly and I will make sure and address them to the best of my ability.
Thanks,
Dave
David Olson
Vice President of Operations ~ Fisher Sand & Gravel – New Mexico, Inc.
30A Frontage Road East~Placitas,NM 87043
Mikita Hill, with the County Development Department, informed me that Mr. Cashwell has withdrawn his application for rezoning for cluster housing on the property near the Fire House and Overlook subdivision.
The Cashwell item is on the agenda for the Feb. 23 Planning and Zoning Commission Meeting, but Mr. Hill tells me that this is just for form’s sake, and that the staff will announce receiving the letter of withdrawal. Mr. Hill told me that the withdrawal letter should appear on the County web site later today, or tomorrow.
At the Feb. 2 County Commission meeting, Bob Gorrell, ES-CA President, made a presentation to the Commission regarding County actions on the Asphalt Plant equipment presently on the Fisher Sand & Gravel Property, and the gravel mining operation that has been going on there for a long time, in violation of zoning. Bob widened the criticism to other areas where the County Development Department has been negligent in enforcing ordinances. The paper presented to the Commission and officials of the County is here: Negligent-Enforcement-of-Ordinances
The Commission listened respectfully to members of the community who expressed concern about this issue, during Public Comments, but the Commission members were advised not to discuss the community comments at that meeting, as these matters could come before the Commission at later hearings. County Manager Phil Rios reported to the Commission that the County had sent a January 27 letter to Fisher informing them of the zoning violations, and ordering them to remove the violating equipment and material within 30 days.
In an article in the Albuquerque Journal, Fisher told the Journal reporter that the asphalt equipment is only being stored on the I-25 frontage road site in preparation to moving it to Tucamcari for a project there. Some have criticized ES-CA for over-reacting to the placement of equipment there, claiming that there is no intention of using it for asphalt production at that site. But there is no question that Fisher did apply for re-zoning to do just that in August of 2010. Then later, after Fisher withdrew the zoning application from the County, they continued to apply with the NM Environment Dept. for permission to do asphalt production at that site, as shown in the following application documents from October, 2010:
Fisher 2010-10 Application – Text — Fisher 2010-10 Appl. – Picture 1 — Fisher 2010-10 Appl. – Picture 2 — Fisher 2010-10 Appl. – Picture 3 — Fisher 2010-10 Appl. – Picture 4 — Fisher 2010-10 Appl. – Picture 5
Many have asked: What project might Fisher be doing that would require asphalt production at this site near Bernalillo and Placitas? This short “News in Brief” article in the Jan. 28, 2012, Albuquerque Journal may shed light on their plans:
N.M. 313 Section To Be Repaved
The state Department of Transportation plans to repave a section of N.M. 313 from about five miles north of the roundabout at Roy Road, north to the town of Bernalillo.
The $1.2 million project involves milling off the top layer of road and repaving it. Work will be done by Fisher Sand and Gravel and is expected to begin in the late spring, said Phil Gallegos, district spokesman for the state DOT.
Construction plans are currently being prepared for the 65% complete submittal. These plans are due in mid-March. ES-CA will request permission to leave a set of plans for public review at the Placitas library when they are complete.
Due to the diligent efforts of ES-CA (Eastern Sandoval Citizens Association), we now have official word from Sandoval County of encouraging action on the Fisher asphalt operation. The ES-CA Chairperson has just received an email from Sandoval County Manager Phil Rios (shown below), in response to the January 27 email quoted in the previous Forum article. Mr. Rios attached a letter written by Michael Springfield, Director of County Development, to Fisher Sand & Gravel (click on link at end of article), instructing Fisher that they are in violation of zoning ordinances, and must remove all equipment from the site, along with all stock piles of material, including aggregate (gravel).
This is certainly progress. However, whether this notification to Fisher prevents the asphalt and gravel mining operations depends entirely on enforcement. To date, such enforcement has been lacking regarding this and similar properties.
This good outcome for the citizens of Bernalillo and Placitas is the result that members of ES-CA worked to achieve. This is an important outcome for us, but we need to keep the pressure on. An ES-CA director will speak to the County Commission at its Thursday, February 2 meeting, 6 PM, at the Administrative Center on Idalia Road in Bernalillo. It’s important that you attend this meeting in order to let our commissioners know that proper enforcement of ordinances is crucial to protect our communities.
Here is the email from Mr. Rios:
Mr. Gorrell
I will advise the Chairman about moving Public Comment to the front of the agenda and thank you for letting me know. Also, be aware that the Chairman will decide how much time to allow each citizen, it has always been 3 minutes but my recommendation is to have one spokes person to make the comments in regards to this issue instead of it being repetitive. It has always been my belief that staff can work with all citizens in a professional manner instead of attacking each other. In the Citizen Public Comment there is no discussion by the Commission or staff. I have attached the letter being sent to Fisher Sand and Gravel that was provided to me by our Zoning Enforcement Officer. If you and any of the concerned citizens wish to meet with me and County staff to gather more information in regards to this issue I am willing to do that. I can assure you that once County staff is made aware of County zoning violation we take them very seriously but we have to follow local, state and federal laws when it comes to dealing with any issues. On this issue we will proceed as legal advises staff.
Phillip Rios
County Manager
County Letter to Fisher Sand & Gravel
[The following letter and image were sent by ES-CA to County Manager Phil Rios on January 27, 2012 in regards to the February 2, 2012 County Commission Meeting]
County Manager Rios,
There are many citizens concerned about the continuing illegal utilization of Fisher property as a sand and gravel quarry, and now as storage for asphalt equipment just “parked” on the site. There has been no communication from the county regarding the concerns. I understood from a reporter today that the County is still analyzing the situation. Please find attached an aerial photo, taken this week, that might assist in the analysis ─ 50 copies will be available at the February 2, 2012 County Commission Meeting.
As a courtesy to you, be advised that there will be a number of citizens who wish to speak during public comment at the February 2 meeting. The commission can expect the comments, agitated by the Fisher issues, to be about three subjects: The apparent disdain of the Planning and Development Department leadership towards communities east of I-25, the lack of enforcement of county zoning ordinances, and the resulting threats and harm caused upon the general welfare of citizens.
It has been recommended to ES-CA that you suggest to the Chair that if public comment limited to the Fisher property (that includes the above three subjects) were heard at the beginning of the meeting, then a smaller audience is likely for the remainder of the meeting.
Sincerely,
Bob G.
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.
The January 12, 2012, Planning & Zoning Commission (PZC) Meeting will consider an application for Master Plan zoning of the Petroglyph Trails subdivision, approximately 210 acres. This is located on the I-25 Frontage Road, north of Hwy. 165. (See site map here.) It borders on the Placitas Trails and Anasazi Meadows subdivisions.
Here is the Master Plan application. Here is the County Development Department staff report, which the PZC uses in forming its recommendation. Here is the Legal Notice for the Jan. 12 meeting.
This Master Plan is for mixed use of commercial, light industrial, single family residential and higher density residential. According to the Staff Report, most of the property falls within the “I-25 Frontage/Bernalillo Interface Overlay District”. In the Placitas Area Plan this district is designated to include these mixed usages, with a transition to ordinary single family house zoning on the border with present residential subdivisions.
As of today (12/9), the CORRECTED property tax bills have not been received. Yet the deadline for payment is tomorrow. It seems that we are obligated to pay incorrect tax amounts.
