Eastern Sandoval Citizens Association

Following is an ES-CA “Watchdog” summary from my attendance of the 6/26/18 P&Z meeting.  This is the report on the second of two items that were on the agenda of interest to ES-CA and the LPT:

2. Update by the Citizens Working Group on the status of an Ordinance dealing with Oil and Gas production in Sandoval County. It was clear that the marching orders from the County Commission to the P&Z staff and the P&Z Commissioners were not understood as there were several conflicting versions being discussed.  In any case, at this meeting there were two status reports presented which, at the request of the chair, were intended to focus on the plan for completion by the date of a requested presentation to both the County and P&Z Commissions (to be available for publication on July 5^th to give participants review time prior to the July 12^th meeting) rather than details on ordinance content:
   1. The first report was given by John Arango, former P&Z chairman, who is a member of the Citizens Working Group and has been working with Peter Adang and others to draft the ordinance.   John reported that their proposal separates the County into 3 parts based on the geological differences: that in the NW part of the state currently being a significant oil & gas producer (more than 400 current wells), the area served by the Albuquerque Basin, and the rest of the County (ROC) in between.  He also stated that in the Albuquerque Basin area, they intended to ban “unconventional” drilling (horizontal).  John reported that the group he was with would have an ordinance ready for review by the 12^th.
   2. The second presentation was made by David Craig and Randy Erickson.  They gave no content and most of the discussion revolved around the completion status, as they indicated they would be able to present the planned content at the 12^th but would not have a completed.  They asserted that their efforts were taking longer because they were complying with the County Commission’s desire that the effort be inclusive (e.g. of tribal and community interests—though P&Z Commissioner Maduena stated that they had failed to include representation from the San Antonio de Las Huertas land grant).  The implication was that the other team had failed to achieve this inclusiveness and had chosen to meet deadlines instead—but I did not hear a statement on this from the first group.  Mr. Erickson did say that he felt it would be a good thing that the staff and commissioners will have two independently derived proposed ordinances to consider.
3. At the upcoming 7/12 meeting (announced on Nextdoor by a posting on 6/29 by Sandoval County Public Information Officer Melissa Perez), is being set as a joint “study session” for both Commissions with participating groups including: New Mexico Tech, the Citizens Working Group, the Citizens Working Group Science Committee and the New Mexico Oil and Gas Industry.  The public will be invited to attend but no public comment will be permitted.

Dick Ulmer, Chairman, ES-CA Land Use Protection Trust Board

LPT.ES-CA@comcast.net

EASTERN SANDOVAL CITIZENS ASSOCIATION

BOARD MEETING AGENDA

11 JUN 2018

6:00 PM

Placitas Community Library, HWY 165

1. CALL TO ORDER
2. ROLL CALL
3. ACCEPTANCE OF MINUTES
4. INTRODUCTION OF GUESTS
   1.  Oil and Gas Ordinance update, 5 Minutes
   2. Pipeline update, 5 Minutes
   3. Community Issues, 5 minutes
5. MONTHLY REPORT –ISSUES – UPDATES
   1. Treasurer’s Report – Susan
   2. Membership Chair & HOA Coalition Report – Diane
   3. IT Report – Jim
   4. BLM Recreation – Richard
   5. Political/Communication Report – Chris
   6. LPT Report– Dick
6. OLD BUSINESS
   1. Office Guidelines and Policy for ESCA – Richard & George
   2. Internal Audit waiting on report – Susan
   3. Inaccurate Fracking AD on TV – Board
   4. Annual Candidate Forum details – Board
7.  NEW BUSINESS
   1. Action on Crime in Placitas – Board
   2. Food & Water Action New Mexico
8. OPEN DISCUSSION
   1. What was in the storage closet?
   2. The Official ESCA sign in sheet
9. NEXT MEETING —Jul 9^th, 2018, at the PLACITAS COMMUNITY LIBRARY, AT 6:00 PM
10. ADJOURNMENT

Peter Adang, who is a member of the Sandoval County Planning and Zoning Commission, and a member of the Citizens’ Working Group(CWG) that is drafting an oil & gas drilling ordinance, addressed ES-CA at its board meeting of May 7.  Mr. Adang distributed a summary report on the status of the CWG and its progress on the draft ordinance (report is available at the ES-CA website – www.es-ca.org).

Randy Erickson, who is also a volunteer community member of a working group appointed by the CWG, addressed ES-CA as well and his report is also available on the ES-CA website.

Currently, two separate ordinances are being drafted.  One would divide the County into three sections:  1) the San Juan basin area being the least restrictive one in which to drill; 2) the area between the San Juan basin and the Albuquerque basin, a transition area, would be more restrictive; and, 3) the third area would be the Albuquerque basin, where it would be the most restrictive with no fracking.

The other draft ordinance would not divide the County into sections and is being based upon the original “Citizens Ordinance” that was developed last year.

The CWG is supposed to have a final draft ordinance prepared and submitted to the Sandoval County Planning and Zoning Commission (P&Z) later this summer.  The P&Z will then review that ordinance and vote to recommend it to the County Commission or make changes and then recommend to the County Commission.

Please note that all CWG meetings are open to the public.

Another presentation was made by Elaine Cimino, who is a member of the Common Ground Community Trust.  This organization is working to insure pipeline safety throughout the region and State.  Not only is the concern with existing pipelines, but also with new proposed pipelines.  They are working to develop plans to prevent spills and plans to provide mitigation and safety.

Our State and Federal officials have been involved in this process and several meetings have already occurred.

The next ESCA meeting will be on Monday, June 11^th (please note the change from the first Monday to the second for this month), beginning at 6pm, and will be at the Placitas Community Library on Rt.  165.  All residents are welcome to attend.

The Sandoval County Commission voted to create a Citizens Group to draft an “Aquifer Source Water Protection and Oil & Gas Ordinance” for the County. ES-CA presented its position at the meeting supporting the creation of the group and specifically calling for the ordinance to be presented directly to the County Commission. However, the Commission voted to have the draft ordinance presented to the Planning and Zoning Commission for its review before going to the County Commission. ES-CA’s position paper will be posted on our website (es-ca.org) by April 4th.

The fact that a “Citizens Working Group” was even created is a victory for the citizens of Sandoval County and shows that our voices can be heard. However, this is only the beginning. The Federal and State governments have been lessening their requirements on the regulation of the oil & gas industry and we must insure that the ordinance provides all the protections necessary for the health and safety of all residents as well as protecting our water.

ES-CA will continue to monitor this issue and work with the Citizens Group and our elected and appointed officials to help craft the most comprehensive ordinance possible. ES-CA calls on all residents to keep informed on this issue as it is one of the most important issues for all of us.

Concerning the future use of the Bureau of Land Management (BLM) area to the north, it is ES-CA’s understanding that there will be no new Resource Management Plan issued in the near future. This means that BLM is free to lease any of this land under the current Plan, which does allow for mineral extraction, including sand and gravel mining.

ES-CA, along with Las Placitas Association and other organizations, is maintaining close contact with BLM and is continuing to express our opposition to any further mining on this land. Again, we ask that all citizens keep a close watch on this issue, which can also have negative effects on our water and our health and safety.

Our next meeting will be on Monday, April 2, beginning at 6pm, and will be at our new location – the Placitas Community Library on Rt. 165. All residents are welcome to attend.

Many Eastern Sandoval Citizens Association (ES-CA) members testified in opposition to the County Oil and Gas Ordinance at the last County Commission meeting. The Commission had proposed two different ordinances. One ordinance was the original “Stoddard” draft which made oil and gas drilling a permissive use everywhere in the unincorporated parts of the County and an amended version that made drilling a conditional use in Population centers of the County, includes Placitas.

Both versions of the ordinance were defeated by 4-1 votes. The defeat of these ordinances does not mean that the issue is over. An oil and gas company can still apply to drill in Sandoval County under a special use ordinance. ES-CA believes that the County needs a strong ordinance in place that will provide sufficient protection for residents and that lays out a clear set of requirements for companies to follow. ES-CA asks that the County Commission work with the residents and the Native American Nations of the County to develop a strong and clear ordinance that accomplishes the above.

Concerning the Bureau of Land Management’s (BLM) Buffalo Tract, ESCA and Las Placitas Association are scheduling a meeting with the BLM office in Santa Fe to discuss the status of the Resource Management Plan. The Plan is supposed to be release this year, but it appears as if it may be delayed.

ES-CA also recently met with Bernalillo Mayor Jack Torres to discuss regional issues. The Mayor advised that the Town continued to oppose the oil and gas ordinance (see above) and continues to oppose any new mining and the Buffalo Tract. The Mayor has been meeting regularly with NM DOT on the Rt. 550 construction project. To date there have been no issues and the bridge construction is proceeding according to plan.

Our next meeting will be on Monday, January 15, beginning at the new time of 6pm, and will be at a new location – the Placitas Community Library on Rt. 165. All residents are welcome to attend.

On September 12, 2107, the Sandoval County Planning and Zoning Commission (P&Z) voted (3-2) to recommend an ordinance regulating oil and gas drilling to the Sandoval County Commission. They also voted to attach a memorandum containing some information that was presented by citizens at the meeting for consideration.
ES-CA is disappointed in this vote and continues to believe that the proposed ordinance is very weak. ES-CA supports the citizen ordinance in full.
The County Commission is scheduled to meet on Thursday, September 21, at 6pm at the County Administration Building. An agenda has not yet been posted, but it is expected that the Commission will discuss and possibly vote on this matter.
It is important that residents express their views on this matter directly to the County Commissioners. Copies of the draft ordinance (there were some changes made at the meeting) and the citizens ordinance are posted on the P & Z website. In addition, a previous post on the ES-CA Forum outlines our concerns.

Citizens Proposed Ordinance

On behalf of the Eastern Sandoval Citizens Association, I would like to make the following comments concerning the Oil and Gas Ordinance, as proposed by the Commission:

First and foremost, this proposal changes the type of use for oil and gas drilling from special to permissive.
• This change would permit oil and gas drilling to be sited anywhere in the County without public review.
• Designating oil and gas drilling as a permissive use places the decision-making power in the hands of the appointed director of the Planning and Zoning Department.
• There is no requirement for any public hearings.
• There is no requirement for any public notice.
• There is no requirement for a public vote.

We are opposed to changing the use designation from special to permissive. By planning to do so, the County subverts the democratic process.

A use of this magnitude should be discussed in public, with sufficient notice to the public, and decided by the County officials elected by the people of this County.

We call upon this body and especially, the County Commission to maintain the current use designation for oil and gas drilling as a special use. To do otherwise, the County Commission is abdicating its duty to the citizens of the County – the people who elected them to protect the health, safety and welfare of us all.

• ES-CA is also opposed to the paucity of requirements listed in the proposed ordinance. The requirements do not adequately address needed protections for:
 Impact to groundwater
 Emergency response
 Noise
 Air
 Road use
 Hazardous waste
 Solid waste
 Site remediation
 Appropriate fees
 Enforcement
• ES-CA supports, instead, an ordinance submitted by Alan Friedman, which does adequately address the above issues and provides a clear framework for an applicant to follow.
• ES-CA is not opposed to oil and gas drilling, or any form of proper economic development. However, ES-CA is opposed to actions and activities that would harm the health, safety and welfare of citizens in this County.
• ES-CA supports an oil and gas ordinance that provides clear, detailed requirements, that protect the health safety and welfare of citizens, and provides environmental protections for all.
• Such an ordinance will protect the citizens and the environment, while providing the industry with an unambiguous set of requirements that are not subject to interpretation and subjectivity.

This Commission and the County Commission should listen to the citizens that they represent. We have seen the results of lax zoning regulations and lax enforcement. We hope that this body and the County Commission will fulfill the duties given to them by the people and adopt an ordinance that provides transparency and responsibility.

Respectfully submitted,

Eastern Sandoval Citizens Association Board of Directors
September 11, 2017

On August 10, 2017, the Sandoval County Commission voted unanimously to approve the attached settlement ( Settlement__08-10-17 ) with Vulcan, the current mining operator, and Mt Adams, the property owner. The agreement includes phasing of the reclamation with the area south of the Arroyo (see the Settlement Exhibit B—Areas 1 and 2) being completed and reclaimed within 6 years and mining in the final Areas 3 and 4 being completed within 9 years and all reclamation finished 9 months later. The Effective Date of this settlement is the date it was approved by the Commission (so timing is to be measured from that date).

The ES-CA Land Protection Trust will continue to monitor progress, and will work to set up ongoing lines of communication with Vulcan and Mt Adams to ensure adherence to the agreement as well as to look for appropriate solutions to issues that arise during the remaining operations.  A “first order of business” will be to work with concerned members of the Sundance HOA who want to discuss mining plans along the planned buffer area adjoining their properties and may want adjustments to the protective berm on that buffer.  LPT Board Member and Sundance resident, Diane Pellechio, will chair that activity for the HOA.

The final agreement is now available ( Part_1 , Part_2 ).  We were able to effect a couple of changes in the final (changes shown in underlines) that we felt better reflected the term sheet that all parties approved at the earlier negotiation.

As we indicated at Friday night’s meeting, we firmly believe this is the best settlement that can be achieved without taking unacceptable risk and cost of going to trial.  To have this agreement backed by the power of the Courts to compel correction of any breach; all mining completed in 9 years from Thursday (assuming the Commission approves as we expect); and the final reclamation done 9 months later, finally removes the big unknown that has plagued us for many years.

We know we still have work to do to open ongoing lines of communication with Vulcan–and expect that can happen once the litigation is behind us.  Meanwhile, we will be working with the surrounding HOA’s to gain consensus on items that still need to be mitigated (e.g. as this was a lawsuit pertaining only to zoning violations, there are other issues that need such a forum in order to be brought to Vulcan’s attention and mitigated; we need to know if Sundance Mesa residents want the berm, etc).

While Chair Chapman and Vice Chair Heil approved the settlement term sheet, this still must be approved by a majority vote at this Thursday’s Commission meeting.  We (the interveners) plan to be there supporting the approval action, and hope that any who might disagree will contact us so that we can share experience and knowledge gained over the last 4 years that has led us to our conclusion that we need to do this, now.