https://www.gofundme.com/f/no-concrete-batch-plant-in-alto-new-mexico?utm_source=customer&utm_medium=copy_link_all&utm_campaign=m_pd+share-sheet
Go often to the Alto CEP website to stay informed
https://altocep.org/
OR stay informed on FaceBook page
altocep.org
Lincoln County Commissioners earlier this month passed a resolution in support of an outspoken group of Alto residents who are trying to stop a concrete plant from opening in their community.
“The proposed use of the property is totally out of character for the area,” said Lincoln County Commissioner Tom Stewart, who voted in favor of the resolution that declared the plans for the concrete plant — filed by Roper Construction, Inc. — to be a possible nuisance to the area. The plant would be located near the intersection of Highway 48 and Highway 220, just north of Ruidoso
“And here we have a national wilderness area that is right about 1.9 kilometers from there, plus we have some very high-end homes,” Stewart said.
The Oct. 19 County Commissioners meeting was attended by more than two dozen members of the Alto Coalition for Environmental Preservation (AltoCEP), which is a group of residents, business owners and property owners who have organized to keep the proposed concrete batch plant out of Alto.
"I want to thank the board for listening to the voices and opinions of your constituents who have expressed concern and opposition to the proposed concrete batch plant," said Mark Severance, chair of AltoCEP. He said his organization represented the wishes of 500 property owners in the affected area, and added that more than 1,200 people have signed an online petition to express their opposition to the concrete plant.
The resolution regarding Roper’s concrete plant that was passed by Lincoln County Commissioners states in part: “The board … finds that the existence of such a potential nuisance would likely result in visual and environmental blight and unhealthy, unsafe and the devaluing conditions.” The concrete plant “if constructed along N.M. Highway 220 could be considered a nuisance to surrounding property owners,” the resolution stated.
Ellen Hightower, assistant chair for AltoCEP who lives nearby the proposed location, told the Commission that she has “been doing a lot of soul-searching and praying about this” and said her conclusion was that she and her husband have an obligation to protect the natural beauty of their land for their children, but that the county commission has a higher obligation.
“It is more about your legacy, about how you are choosing to leave our land in this beautiful pristine area by decisions that you guys make as a county commission,” she said. “It is far greater your legacy with what you ordain in our County that will last for generations.”
Photo of the Hwy 220 corridor at sunrise by local photographer, Mark Stambaugh.
Robert Phillips, an Alto resident, spoke bluntly to the commission.
“Currently I am paying taxes to live in a pristine area,” he said. “I am going to ask for my property to be re-evaluated at a lower rate and I think everybody in that area will too. And the county is going to lose tax money that goes into the budget that you all spend.
“I will be one of the first ones in line asking for a new appraisal if this gets approved.”
Another speaker, Charles Gordon, said he lives less than a mile from the proposed site of the concrete batch plant and was concerned about night pollution.
“I am an astronomer and that's one of the reasons why I decided to live in this area, because it has a good night sky,” he said. “And putting the plant where it is, only about eight-tenths of a mile from my house … that will end up scattering across the sky and it will cause a lot of damage to my astronomy.”
Gordon said he was aware of other amateur astronomers in the area who would also be affected.
The clear night sky, he said, “is a precious resource that we are really lucky to have here. People around the rest of the country are envious of our ability to be able to do astronomy at night,” he said.
Commissioners split on resolution passage. The Resolution passed on a 3 to 2 vote in favor. Commissioner Todd Proctor and Commissioner Elaine Allen voted against the resolution that labelled the proposed plant as a possible nuisance.
Allen did not respond to media inquiries.
Proctor said he voted against the resolution because he did not feel it was the County’s responsibility to enter the fray in what will possibly become a legal issue in the future.
“I don't feel it was our job to get involved in this cat fight,” he said in an interview after the meeting. He also said he was concerned that the owner of the concrete plant — Ryan Roper of Roper Construction Inc. — was in an unfair situation because he had violated no laws and had the right to pursue his interest on his property unfettered.
“Do I feel that the government is overstepping private property bounds? Absolutely I do,” Proctor said. “Here we are, stepping and interfering with somebody’s private property rights and bounds.
"He had no limitations set upon him for what he could do when he purchased the land. No laws were broken."
Proctor added: “The squeakiest wheel does not always get greased. And that's how I voted.”
Ryan Roper, owner of Roper Construction Inc., said he is adjusting to the negative portrayal of his business, and is doing his best to be a lawful, responsible corporate citizen of the area.
“I am surprised by the amount of pushback … there's a lot more than what I expected,” Roper said. He said he believes that the opposition to his proposed plant derives from misinformation spread on social media.
“It’s fueled by a bunch of false statements,” said Roper.
He said he believes the concrete plant will be a positive addition to the area because it will help build infrastructure for the Alto and Ruidoso. His company, he said, would focus on providing local service to the growing Lincoln County.
Born and raised at a family ranch about 18 miles north of Carrizozo, Roper graduated from Carrizozo High School in 2000, attended business school at New Mexico State University and started his company in 2005.
He said he believes in the American free market, and is trying to apply the “highest and best use” of the unincorporated land he owns, and has been mindful about following all laws, he said.
"We did our due diligence before this all started, so we could make sure we were doing everything within the law and restrictions. We believe we are doing everything by the law and by the code and going through the correct procedures to do that," Roper said.
Before Roper Construction Inc. can be approved for an air quality permit, the New Mexico Environment Department must first hold a public hearing, state officials said. That hearing, according to New Mexico Environment Department Air Permit Specialist Deepika Saikrishnan, has not yet been scheduled.
Roper said he has been advised to wait until the air quality permit is approved before beginning construction of the concrete batch plant.
Until then, Alto residents are continuing their push to keep the plant out of their community.
Yvonne Lanelli, a member of the AltoCEP group, said it is a regional interest to keep the concrete plant out of the pristine Ruidoso area.
“This is a huge thing. This impacts not only Ruidoso or Lincoln County but as you know the area is like a playground for southern New Mexico (and) West Texas so the whole issue goes way beyond Lincoln County,” she said.
This article was reported by freelance journalist, Reyes Matta III, for the Ruidoso News. Born and raised in El Paso, he is a graduate of New Mexico State University. His email address is rmataonline@gmail.com. Story ideas are always welcomed.
Summary of item 13, Public Comment and Agenda item 14, Consideration for approval Resolution 2021-24, declaring any concrete batch plant built at the intersection of Highways 220 and 48 to be considered a public nuisance.
The commission chambers welcomed a standing-room only crowd due to community objection of Roper Construction's proposed cement batch plant near the intersections of Highways 48 and 220. Promptly at 9:30 am, Chair Tom Stewart advised all in attendance of the parameters of Public Comment period including the three minute time limit per individual which would be strictly enforced. He then asked for comment from county officials before inviting public commentary. For approximately one hour individuals from the 220 corridor expressed dissatisfaction with proposed industrial intrusion on the area. Commentary from concerned citizens included: decreased property values and its effect on lowering tax rates, severe toxins compromising the breathing of all residents, pets, livestock, and “performance” animals in the area but especially on the high density of the elderly and children, lack of water to fulfill Mr. Roper's permit request, infringement on the Scenic Byway status, proximity to a Class 1 Wilderness area in violation of Federal law, road destruction/maintenance issues, noise pollution, compliance with New Mexico's Dark Skies Act, general scenic beauty which will be drastically compromised, the character of the surrounding communities not commensurate with such an enterprise, and a citation to the Mission Statement of the 1983 formation of the County Commissioners Board which stated in part that the Board would “...plan effective, harmonious, and appropriate uses of land....”
Mr. Roper then defended during his three minutes of rebuttal his legal right to not only build the proposed cement batch plant on his land but also stated that his application is completely legal in form and function.
Chair Stewart then asked for the lawyers' input as to the wording of Resolution 2021-24: Alan Morel representing the county, Tom Hnasko representing Alto CEP, and Kristen Burby representing Mr. Roper. Mr. Roper was asked for a final statement and the Commission asked for a recess of ten minutes for Mr. Morel to draft the resolution with acceptable linguistic changes. Upon presentation of an appropriate document, Chair Stewart asked for a motion which was seconded and Resolution 2021-24 went to a vote. Chair Stewart, Commissioner Dr. Lynn Willard, and Commissioner Jon Crunk voted for the Resolution. Commissioners Elaine Allen and Todd Proctor voted against the Resolution. The Resolution declaring that the proposed cement concrete batch plant “...could pose a nuisance to surrounding property owners” was passed.
The Commissioners indicated that an enforceable county ordnance would be the next step to preventing conflict of this nature and will be placed on a future agenda.
Galen Farrington
Go often to the Alto CEP website to stay informed
https://altocep.org/
Stay informed: FaceBook page altocep.org
webpage: www.altoCEP.org
Help the legal defense fund by donating to Paypal on webpage or by mailing check to:
Phyllis Bewley, CPA
PO Box 123
Ruidoso, NM 88355
ATT: ROSPOA CBP
Please add a “For/Memo” note: “Concrete Batch Plant Legal Defense
REMEMBER: Attend the Lincoln County Commissioners Meeting Tuesday, October 19 at 9 am in Carrizozo at the county court house at 300 Central Avenue. Also available as a Zoom Meeting. Zoom info at the Lincoln County's website
Yard Signs $25
Bumper Stickers $10
Order by mail to Jim Burnett, 340 Santiago Circle, Alto, NM, 88312
Will be available end of October. Be sure to add your phone # so they can call you for pick up instructions.
The link below will take you to download of the PDF file:
https://altocep.org/wp-content/uploads/2021/10/Private-Nuisance-Initial-Questionaire_RevA.pdf
Or Go To www.altoCEP.org to find the questionnaire for the Nuisance Lawsuit as well as more information
Still need volunteers for various committees! Need for you to write NMED-Air Quality and Lincoln County Commissioners & County Manager! And dontions are greatly appreciated!
Attend to show your concern about a Cement Batch Plant on Hwy 220 in Alto. In the meantime, email, write or call the commisisoners and express your opposition to all of them, including the County Manager. Alto (District 4) Commissioner, Tom Stewart, tried to express & get on record disapproval of a cement plant in this primarily residential, tourist area, but none of the other commissiones would agree to vote, much less even second his motion. So this October 19 is our chance to make the commissioners take a stand.
COUNTY MANAGER: Ira Pearson
575-648-2385 ext. 101, ipearson@lincolncountynm.gov, 300 Central Avenue, P.O. Box 711 Carrizozo, NM 88301
District 1: COMMISSIONER TODD PROCTOR
505-401-2922, PO Box 745 Capitan, NM 88316, tproctor@lincolncountynm.gov
District 2: COMMISSIONER LYNN WILLARD
575-404-1794, 109 Nogal Place Ruidoso, NM 88345, lynnwillardlincolncounty@gmail.com
District 3: COMMISSIONER JON CRUNK
575-937-0461, 127 Sleepy Hollow Road Ruidoso, NM 88345, jcrunk@lincolncountynm.gov
District 4: COMMISSIONER TOM STEWART
575-973-7363, PO Box 515 Alto, NM 88312, tstewart@lincolncountynm.gov
District 5: COMMISSIONER ELAINE ALLEN
575-653-4251 PO Box 74 Lincoln, NM 88338 eeaela@yahoo.com
Below is a letter Tom Stewart sent to a constituent in July 2021 expressing his concern and efforts to get the County to somehow stop, or a least voice oppostion, to the building of a cement plant.
From: Tom Stewart
Unfortunately, the Board of County Commissioners does not have the authority to prevent this project.
I happen to agree with you and wish I could do more than write a letter myself to the NMED who has the authority to not grant the permit for the facility. I brought this issue to the Board of County Commissioners at their meeting of June 15. We had a good discussion on the issue and I made a motion to oppose the plant to NMED….but I could not get a second. Regret to say my fellow commissioners did not want the county to express an opinion to NMED. Needless to say , I am dismayed.
I told everyone on the Zoom call to write NMED to ask that the permit not be approved and provide as much detail as possible. The property owners of Legacy Lane are apparently represented by Attorney Freda McSwane and former Judge Counts of her law firm. Sonterra Property owners also appear to be mounting a protest. This proposed use of the property will be a disaster.
Regret I can’t do more, Tom Stewart
