APPEAL was granted. CBP gets an Air Quality Permit

Well, my little group of anti-Concrete Batch Plant Supporters: if you had signed up to receive updates via email from the AltoCEP.org website, you already know. The NM Environmental Improvement Board (EIB) voted to reverse the original public hearing decision to deny the proposed Alto CBP on Hwy 220 an air quality permit. He is allowed an Air Quality Permit now. (A permit for spewing out polluted air - in my opinion.)

We have ONE last hope still outstanding -- Judge Sugg has yet to make a judgement on the nuisance lawsuit and the deed restriction violation lawsuit which was heard in a trial almost a year ago.

AltoCEP group vows to continue fighting. Sign up to receive emails from AltoCEP.org to keep abreast of all updates.

FYI: Roper Construction Inc. published two public notice items in the Ruidoso News on March 3, 2023, stating their intent to file air quality permit applications for an aggregate crusher and hot mix asphalt plant at a location southwest of Capitan. (Between Capitan and Angus Hill). This site is 146 acres that comes with14 acre-feet of water. One acre-foot equals about 326,000 gallons, or enough water to cover an acre of land, about the size of a football field, one foot deep. Does Roper plan to use this water for the Concrete Batch Plant, since the well located on the property on HWY 220 is an agricultural well, not industrial, and he is not allowed to use that water for a CBP? Will it be allowed to use these 14 acre-feet from elsewhere? Roper has always said he plans to truck water to the CBP site in order to spray the perimeter of the property for dust control. Guess we shall see where this water will come from when the CBP comes on line.

See post below or go to: https://www.ruidosonews.com/story/opinion/2023/03/17/letters-to-the-editor-on-permit-applications-by-roper-construction/70013450007/

Let's hope that we get a good outcome from Judge Sugg.

And just my opinion -- I hope none of you will support any of Roper's businesses. He sells gravel for driveways and I believe it is cheaper than elsewhere, but it is like supporting the .......

Wouldn't it be Better?

Letters to the Editor: On permit applications by Roper Construction Ruidoso News March 17, 2023

The March 03, 2023 issue of the Ruidoso News published two Legal Notices submitted by Roper Construction, Inc. announcing its intent to apply to the New Mexico Environment Department for permits for a new aggregate crushing and screening plant and a new hot mix asphalt plant to be located just less than five miles southwest of Capitan, New Mexico. The published data indicates a land plot of approximately 146 acres which will incorporate the business's current gravel facility.

At a recent function hosted by Roper Construction, Inc. for the Lincoln County Home Builders Association, contractors agreed that his concrete product is a requisite commodity for continued development within Lincoln County. It is the current proposed location that has created the multi-million dollar conflict that has not only caused the ire of the immediately affected residents (many more than the 24 Mr. Roper eluded to in his presentation) but also the anger of the thousands (as documented in the NMED and Environment Improvement Board files) who find his punitive pursuit questionable. A major contractor asked directly why he simply doesn't relocate his intention to the area closest to his other business interests on the 146 acre tract he has access to which is a mere five miles from the proposed Alto location. Mr. Roper was evasive in his lack of response.

It has now been two years since Mr. Roper's purchase of the approximately six acre tract on the Billy the Kid National Scenic Byway along the Highway 220 corridor and 22 months since the first opposition letters were filed with NMED. Mr. Roper filed an appeal to NMED's denial of his permit as was and continues to be his right. He stated at the recent LCHBA that if the EIB upholds the denial, he will appeal again thus continuing his fiscal assault on the residents and property owners of the area.

So, the question remains, why doesn't he relocate to his more appropriate and established site?

Source:https://www.ruidosonews.com/story/opinion/2023/03/17/letters-to-the-editor-on-permit-applications-by-roper-construction/70013450007/

NM EIB Meeting Friday, March 24, 2023, with Decision on Roper ALTO CONCRETE BATCH PLANT APPEAL

EIB PUBLIC MEETING SCHEDULED FOR FRIDAY MARCH 24

ALTO CONCRETE BATCH PLANT APPEAL DECISION ANTICIPATED

The Environmental Improvement Board (EIB) has scheduled their March monthly public meeting for this Friday, March 24 from 9:00am – Noon MDT. The primary agenda item is the deliberation and decision by the board on the appeal to the Final Order issued last June by the Deputy Secretary of Environment to Deny the air quality permit for the proposed Alto concrete batch plant.

The EIB can decide to sustain, reject or modify the decision set forth in the Final Order. Per New Mexico Administrative Code, that deliberation and decision must take place in a public meeting.

Public participation is encouraged and a public comment period is included in the agenda. Interested parties can participate via WebEx using the following link:

https://nmed-oit.webex.com/nmed-oit/j.php?MTID=m5c79c476d20f439e44ea99dee1de4ade

When prompted, enter the meeting number (access code): 2451 794 8035 followed by the passcode: XVqky4rPM88

An audio only teleconferencing option is also available by calling: 415-655-0001 When prompted, enter the access code: 2451 794 8035

The full agenda for the meeting is available by going to AltoCEP.org and finding this same write up. The links are in the text

The Hearing Officer’s report from the previous EIB hearing on this appeal is available by going to AltoCEP.org and finding this same write up. The links are in the text

. The Alto CEP response to that report is available by going to AltoCEP.org and finding this same write up. The links are in the text

.

Waiting game

Still waiting for NM State EIB (Environmental Improvement Board) to make a ruling after the 2nd hearing, which occured Oct 2022. Also waiting for Judge Sugg in Lincoln County to make a ruling on Nuisance case.

Still paying off legal fees and for expert testimony from both the hearing and the court case.

DONATIONS HELP IN THE FIGHT TO STOP Roper Construction Concrete Batch Plant on Hwy 220 in Alto, NM.

Go to ALTOCEP.org to donate. THANKS!

Help suppost AltoCEP fight against the Roper Cement Batch Plant

Enjoy a holiday night at the Flying J Wrangles and see our neighbor Tim McCasland perform!

The Flying J is hosting a special performance of the White Mountain Christmas at the Ranch at 5:30pm on Tuesday December 20 to benefit the Alto Coalition for Environmental Preservation. The all-inclusive ticket price includes a donation to the Alto CEP.

Hello AltoCEP supporter! We need your help AGAIN! This time it's the EIB Public Hearing

You are receiving this email because you were present in February 2022 at the NMED Public Hearing live streamed at the Ruidoso Convention Center. Many on this list also addressed the hearing officer during the course of the meeting. The impact of your collective efforts was significant. The hearing officer recommended the permit be denied. The New Mexico Secretary of the Environment signed a FINAL ORDER denying the petition. In both documents, the outpouring of public opposition was cited as persuasive. THANK YOU!

As most of you know, Roper Construction has appealed that ruling to the Environment Improvement Board (EIB). So now we need to do it again. That hearing is scheduled over three days - October 18, 19 and 20. Speaking times are Noon and 5PM on the 18th, and 9 AM, Noon and 5 PM on the 19th and 20th. The 18th has Noon and 5 PM slots. The 19th and 20th have 9 AM, Noon and 5 PM slots. If you are willing to speak to the Board (please speak, even to just say "don't grant the petition") all you need to do is email pamela.jones@env.nm.gov telling her you wish to speak to the board, and telling her your preferred date and time. Adding EIB 22-35 in the reference line is helpful, but not mandatory. ALSO - when you email her please CC me at p.s.pfeffer@gmail.com AND Barbara at bseveran116@gmail.com so that I can continue filling out the spreadsheet I am maintaining, and which will become the scheduling / attendance list at the church. If you are speaking from home you will receive a webex link prior to the hearing. If you prefer to speak from our local venue that works also. Just let us know and come join us.

The local venue for the Public Hearing is Ruidoso First Christian Church, 1211 Hull Road, Ruidoso. Doors open at 8:30am. Rumor is coffee and donuts may be available. Please stop by, even if just to say hello. If you want to speak from this location, we will make that as painless as possible and with no technical issues for you to deal with.

Barbara Severance will be in attendance throughout the hearing. She is currently in communication with Pamel Jones at the EIB to work out any logistical issues. There should be excellent contemporaneous communication with Pamel Jones throughout the hearing and we fully expect the previous hearing issue where our public comments were truncated will not be repeated. The church has excellent audio visual facilities and the webex two way. communication should be operating without issue. A dedicated speaker area will be set up for those who wish to speak from the church.

What else can you do?

1. Write a letter to the EIB to register your opposition. You can snailmail to Pamela Jones, Runnels Building, 1190 So. St. Francis Dr., Santa Fe, NM 87505 or email the letter to pamela.jones@env.nm.gov

2. Sign the petition in opposition. Thank you for standing with us in February. Please stand with us again on October 18th, 19th and 20th.

Our FaceBook group is up and running. Please repost and reach out to all your FB friends.

Read Galen Farrington's article in Sierra Club Magazine about the Concret Batch Plant fight

https://altocep.org/wp-content/uploads/2022/10/The-Sierran_OctoberNovemberDecember-2022_-Page-5.pdf