A message from our Lincoln County Sheriff

Help with Weatherization of your home

NM Energy$mart Weatherization Program The NM Energy$mart Weatherization Program provides energy-saving retrofits and home modifications at no charge to eligible homeowners and renters. Click here for more info. https://housingnm.org/home-repair-and-energy-efficiency/energymart-weatherization-assistance Blogger Note - speculation and FYI: Maybe weatherization will help keep the dust from the Concrete Batch Plant from infiltrating your living quarters? Also found out N95 is the required type of mask to keep Crystallin Silica from penetrating your lungs.

Tree Seedlings available

Ordering for seedlings from the NM Forestry Division Conservation seedling program for Spring 2022 began December 6, 2021, and orders will be accepted through April 15, 2022.

Distribution of seedlings begins March 7, 2022. The last day of distribution will be on April 22, 2022.

You may order on-line at: https://www.emnrd.nm.gov/sfd/seedlings/. You may mail in an order form with payment (order forms can be downloaded and printed from the website, call 505-660-0412 if you don’t have computer access to print a form).

Since many species are limited in availability it is recommended you order on-line if possible. We accept Visa, MasterCard, and Discover for on-line orders and check for mail orders.

The cost of seedlings is $80.00 per 49 small container seedlings and $57.00 per 20 large container seedlings (limited species availability for large container) See website for availability. Also, please note there is a $5.00 handling fee and for each lot of seedlings ordered that are shipped UPS there is a $10.00 shipping fee.

Concrete Batch Plant Update

Alto Coalition for Environmental Preservation (AltoCEP) is trying several methods to shut down the building of the proposed plant.

There is the Multiple-Plaintiff Private Nuisance Lawsuit, which you can still join as a plaintiff (see website AltoCEP.org)

On Dec 15, 2021, a motion to dismiss the NMED Air Quality application based on lack of notice to all property owners within 1.5 miles was heard. The motion was denied.

Deed Restriction violation to be taken to court by property owners in the same subdivision to try to stop the building of the plant.

The NMED Air Quality Public Hearing on the Roper's application is scheduled Feb. 9, 10 & 11. Times and local location of hearing as yet to be announced. Plan to attend. Make your voice heard. Our letters of opposition written to NMED-Air Quality forced the NMED to have a public hearing.

Please donate on the website AltoCEP.ORG through Go Fund Me or by paypal or if you prefer to pay by check, send check to: Phyllis Bewley, CPA, PO Box 123, Ruidoso, NM, 88355-0123 Attn: ROSPOA CBP. In check memo put: Concrete Batch Plant Legal Defense and make your check or money order payable to “ROSPOA”. The Ranches of Sonterra Property Owners Association has established a separate, dedicated account to receive donations and pay the fees.

If all of us with a house in the 88312 zipcode donated $10, $15, $20 each month until we win, AltoCEP will have the money necessary to fight the building of this plant. It will pay the environmental lawyer hired plus any experts needed to gather data and to give testimony at the public hearing. Any monies not used will be available to fight any future heavy industry projects that try to come into this corridor. There is no county ordinance to keep heavy industry out. Hence the name of the group- Alto Coalition for Environmental Preservation instead of specific to this particular fight: Alto Coalition to Stop Concrete Batch Plant.

Please write your representatives. Most of the US and State representatives/senators have on their website a form to email them directly. Continue to write the Lincoln County Commissioners.

A letter of opposition and solidarity sent to the New Mexico Environmental Department (address below) would be extraordinarily helpful in preventing this travesty.”

Permit Programs Manager,

Deepika Saikrishanan

New Mexico Environmental Department

Air Quality Bureau

525 Camino de los Marques, Suite 1

Santa Fe, NM 87505—1816

We have 200 homes & businesses in Sun Valley that will be directly impacted by the concrete batch plant. Here's a map so you can see how close we are to the proposed Concrete Batch Plant

We must fight this Concrete Batch Plant for so many reasons:

Air Pollution (see previous post on Crystalline Silica & also new info on wind below)

Noise pollution

Night Lights - Reduced visibility of stars and harmful to bats from Ft Stanton Cave (and elsewhere)

Run off water pollution from cleaning of cement trucks every day will infiltrate Little Creek, Bonito River, private wells and Snowy River Cave National Area formations

Heavy Truck Traffic

Road condition deterioration

Endangerment to all wildlife

Excessive water withdrawal from the Hondo Watershed - a closed basin

Less that 1 mile from a Wilderness Area

Property Values will drastically reduce. Realtors predict up to 50% drop in value

Billy the Kid SCENIC Byway, no longer scenic

Don't forget the public meeting of AltoCEP Wednesday, Dec 15 @ 6:30 pm at Alto Lakes G&CC Pavillion

The Alto CEP will be hosting a Public Meeting on Wednesday, December 15 at 6:30 PM. Alto Golf and Country Club will graciously provide our venue in their Pavilion. Everyone is invited!

We will announce several recent legal notifications concerning the Roper Cement Batch Plant and reveal updated information pertinent to all local residents who are opposed to the construction of this concrete plant.

Our community is supporting our opposition efforts in many valuable ways; donating auction items and services, as well as money to help cover ongoing legal fees, however, we continue to request donations and will host another silent auction during our upcoming meetings.

Please plan on joining our Coalition next Wednesday at Alto, at 6:30 PM.

You may be a lucky winner of a wonderful locally donated gift. And, you will be contributing to a valuable, life enriching, healthful effort to save our beautiful residential community.

Placing Christmas wreaths on 400 graves on Saturday, December 18th at 9:00 a.m.

The Wreath Across America project led locally by the Spencer ushers, Legion Riders Chapter 20, and personnel from Fort Stanton Veteran’s Cemetery will be laying wreaths on 400 graves on Saturday, December 18th at 9:00 a.m.

Come and join us for the ceremony and the wreath laying. It is a beautiful way to celebrate the veterans who are interned at Fort Stanton.

The cemetery is located at 1398 Hwy 220 that can be reached by turning left off Airport Rd. or through Capitan on Hwy 48 to 380 to 220. It is near Ft. Stanton.

Wreaths will be placed regardless of the weather, so be sure to check the conditions at Ft. Stanton and come appropriately dressed. Individuals, families, and groups are all welcome.

Public Meeting for Alto CEP Wed. Dec 15 at 6:30 pm at Alto Lakes Golf & Country Club Pavillion

Announcements to stay up-to-date and what we all can do to help.

PLUS to help raise money to fight the Cement Batch Plant:

Silent Auction Holiday gift tables. Perfect for some last minute gift items

Please help support this effort to protect our community and beautiful mountain valley AND specifically protect our mountain air being degraded with Crystalline Silica. If you don't know what Crystalline Silica is, go to Nov 26 blog post titled: Health Effects of Respirable Crystalline Silic OR look it up the internet. It is some nasty stuff that will affect all of our breathing capabilities, but especially leads to a variety of serious health problems particularly in children and other vulnerable populations, such as people (and animals) with any kind of respiratory problem. Crystalline Silica dust is so small that it can stay in the air for up to 12 days. Sometimes when we don't see dust, there are still particles circulating! Wind will push it beyond what is considered to be a safe zone. Here's what the blogger thinks: when Covid 19 goes away - we'll still be wearing masks to protect ourselves, in our homes and outside!

IF you haven't purchased all your presents - consider buying local. Support local artists & ENMU-Ruidoso

Alto residents ask court to label proposed concrete plant a nuisance in lawsuit

Reyes Mata Special to the Ruidoso News

Roper Construction Inc. owns and operates this concrete plant in Carrizozo, New Mexico, which lies yards from the home of Alice Stokes. Stokes said her home is often filled with fine dust, a result of operations at the plant.

ALTO, N.M. — The group of Alto neighbors resisting a proposed concrete plant have filed a lawsuit to block the industrial operation from breaking ground in their scenic mountain community.

“We are now in full-steam ahead for battle,” said Ellen Hightower, a resident of Alto who lives a quarter of a mile from the proposed concrete batch plant. “I think we are moving forward really well on this.”

The lawsuit is asking that the court declare the proposed concrete batch plant — owned by Roper Construction, Inc. of Carrizozo — to be a “private nuisance” that damages the property values of area homeowners. The suit also asks the court for “an award of damages … in an amount sufficient to compensate each Plaintiff for diminution in value of their property” if the concrete plant opens, the lawsuit states.

The lawsuit, which names about 50 Alto homeowners as plaintiffs, lists Roper Construction Inc. as the defendant and was filed Nov. 10 at the 12th District Court in Lincoln County.

“[T]he proposed industrial plant would fundamentally alter the scenic, residential and rural nature of the locality and deprive the Plaintiffs of the quiet use and enjoyment of their respective, unique real properties,” the lawsuit against the construction company states.

Ryan Roper, the owner of Roper Construction Inc., declined to comment on the case.

In previous statements to the Ruidoso News, Roper said he believes in the American free market, and was trying to apply the “highest and best use” of the unincorporated land he owns. Roper said he was mindful about following all Lincoln County laws and regulations.

Alto residents organize opposition to proposed concrete batch plant. Lincoln County Commission passes resolution backing them.

"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 in late October.

Roper Construction Inc. operates a concrete plant near Carrizozo, New Mexico. From the front of Philip Humphrey's mobile home, the plant lies just in view.

The standoff between Roper and the neighbors — who organized themselves into the Alto Coalition for Environmental Preservation (AltoCEP) to keep the proposed concrete batch plant out of Alto — began in early June with a small notice posted in front of a property owned by Roper on New Mexico Highway 220.

The posting was a public notice regarding the proposed concrete batch plant opening on that property, which sits near the intersection of N.M. Highway 48 and N.M. Highway 220 in Lincoln County.

From that point, a grassroots effort among neighbors gained steam, and communication between AltoCEP, the New Mexico Environment Department, state and county officials began.

“Initially several different neighborhood groups and individuals were doing the research and finding out stuff and starting petitions, trying to figure out a way to get attention to stop this,” said Craig Cathey, who lives on Legacy Lane near the proposed plant. “We wanted to see about getting a public hearing before it became a done deal."

Kaitlyn O’Brien, spokeswoman for the New Mexico Environmental Department, said the NMED requested a “New Source Review Construction Permit” for Roper’s concrete batch plant, but that its acceptance or rejection is delayed.

“Normally this type of permit must be issued within 120 days of receiving a complete application, but because this permit is going to a public hearing, permit issuance or denial is delayed until after the hearing,” she said in an email.

The public hearing is still several months away, according to the NMED.

Until then, the AltoCEP has turned to the Lincoln County Board of County Commissioners for assistance in resolving the issue.

In October, Commissioners considered a resolution stating that the concrete plant “if constructed along N.M. Highway 220 could be considered a nuisance to surrounding property owners.” The October resolution passed on a 3 to 2 vote in favor. Commissioner Todd Proctor and Commissioner Elaine Allen voted against the resolution.

In November Commissioners discussed whether regulations should be created to intercede in situations like the concrete plant in Alto’s residential area. The discussion led to an impasse that will be visited again in the next commissioners meeting, according to Lincoln County Commissioner Tom Stewart.

At the upcoming Dec. 21 meeting, Commissioners will discuss “perhaps going to the electorate to see if the citizens want us to zone the county,” Stewart said, and added that he agreed that Roper’s concrete batch plant “may be a public nuisance” in Alto.

“But it's not built yet,” he said. “That’s a very important distinction. We can't judge that it's going to be a public nuisance until it's built and we see what kind of steps you take to prevent it from being a public nuisance.”

Proctor said the issue, for him, is primarily about protecting the private property rights of Lincoln County residents.

“Why is the County Commission going to stick its neck out and infringe on people's rights for their private property? I am representing a whole different area of people that do not want their private property rights invaded,” he said.

During a recent meeting of the AltoCEP, neighbor Dave Edler told the group that he’s worked 20 years at a half dozen concrete plants.

“So I've done just about everything at these plants,” he said. “I’ve driven every truck, seen it all. And all concrete plants run the same.”

Edler shared with the group the typical day of a concrete batch plant, from the 3 a.m. arrival of “the batch man … the guy who pushes all the buttons, runs all the trucks, turns on all the lights” to the hundreds of gallons of water — with retardant and antifreeze additives — dumped into ground pits after cleaning trucks, bins and equipment.

“We have deer and elk come right to our back porch. My wife has half of them named,” he said. “At the end of the day, if that property does not have a huge elk fence around it, there's going to be wildlife drinking that.”

Edler described conveyers, blast hoses, the revving diesel-powered trucks as fixtures of those type of facilities.

“An 80,000-pound truck, the tractor trailer, comes in with a dry cement in the trailer, and there's a gas motor in the back of the cement truck,” he said. “And that has to start up -- it's an air pressure system -- that is hooked up with hoses, and it blows up to the top of the tank,” he said, describing the billows of dry cement as being “like talcum powder.”

“If it gets on your hands you can't just blow it off you actually have to wipe it off. It sticks on whatever it gets to.” Swept up in the wind, the airborne concrete dust, he said means that “your days of sleeping with the windows open, sitting and enjoying coffee on your porch, they will not be the same.”

Alice Stokes said she’s currently living exactly that scenario.

“Oh I know all about that, believe me,” said Stokes, whose 4 ½ acre property abuts Roper’s current concrete plant in Carrizozo. She was standing on her porch last week, looking out to Roper’s multi-story cement plant next to her land. “The whole place is dirty. They have that dirt there and it blows right on here, you can't even come outside. It's terrible. Sometimes it's no visibility,” she said.

“Even my dog coughs all the time,” Stokes said. “It's all that dust floating everywhere. Every time I empty my vacuum cleaner it has that real fine powder, that gray powder,” she said. “They also ruined my view of these mountains,” she said, pointing to the direction of the high Sacramento ridges obscured in the distance.

On the opposite side of the Carrizozo concrete plant, was a mobile home owned by Bob Carrisco, a Carrizozo resident since 2008. He said he has not noticed any dust in his home from the concrete batch plant, but said there was a noise issue.

“There is a hum that comes from there. I’m not sure what decibel level. But I have to get used to it because I know it’s not going away,” he said. “It’s a slight nuisance, but it doesn’t affect my quality of life. Those are the pros and cons.”

On the third side of the plant, closest to the highway, 43-year-old Philip Humphries was making cookies in his mobile home, and said he had no complaints about the concrete plant.

“None at all,” he said. “I hear them in the morning, they start real early but that's their trucks moving around back over there. Sometimes late in the afternoon when they park their trucks, but that's it.”

No dust and no excessive noise, he said.

Steve Fortelny, another neighbor of Roper’s concrete plant in Carrizozo, said he lost “an unbelievable view of the mountain” when the concrete plant was constructed, and “probably lowered my property value by around $20,000,” he said.

“But it is a free enterprise world, and he's a businessman, and he did it legally. So there it is. Some win, some lose,” said Fortelny, adding that Roper was “an entrepreneur and a damn good businessman."

Roper, said Fortelny, “grew up in a society where a person can succeed if he has motivation and drive.”

“So I don't fault him for that. I'm on the losing end of this stick, but I don't fault him for it. He went through the gate. Not many people do that,” said Fortelny, who originally tried to block Roper from building his concrete plant near his property.

“I hate the sight of that thing,” he said about the towering concrete plant. “But I’m trying to get used to it.”

Getting accustomed to life near a concrete batch plant is not something that the AltoCEP group is ready to accept.

Cathey said he has no intention of easing his opposition to the concrete plant. His home and the homes of his friends, their health — physical and emotional — are threatened by Roper and the incursion of his industrial plant into their neighborhood, he said.

“It's worth fighting, ‘til the death. And if he has more money than I do, then we'll figure that out in court. If we lose this attempt that we are making now to prevent him — to bring him to his senses as I see it — that doesn't stop my opposition,” said Cathey, who says his only option is to move if the concrete plant is constructed.

Until then, he said, “I'll drag his butt into court every time he turns around. As a reasonable businessman, he needs to understand that's what he's facing.”

Reyes Mata III is a freelance journalist who writes about the issues of the U.S.-Mexico border. 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.

One day with rain in November

Fire Danger Rating: Moderate. It is VERY dry and many people have tall grass/weeds in yards from the rains this Summer. Protect your home and other's homes by chopping down those tall, dry grasses!

Fire Restrictions: There are no fire restrictions on the Lincoln National Forest at this time.

View maps and information for Forest Orders, Closures, Fire Restrictions, Large Active Fires.

Current Fire Danger Rating

Smokey Bear Ranger District: Moderate

Sacramento Ranger District: Moderate

Guadalupe Ranger District: Moderate

Wildfires on the Lincoln National Forest

Cathey Vista 4 Fire, Sacramento Ranger DistrictCathey Vista 4 Fire Update

NOVEMBER 23, 2021 BY LINCOLN NATIONAL FOREST 0 COMMENTS

Location: Near Cathy Vista and Cathey Canyon Trail (T105A) on the Sacramento Ranger District, Lincoln National Forest

Size: 0.75 acres

Cause: Unknown

Update: Firefighters have stopped forward progress of the Cathey Vista 4 Fire, previously called the Cathy Vista Fire. The fire is burning in dead and down woody debris and is causing dead, but still standing trees, commonly known as snag trees, to fall. Crews will continue to work tonight and tomorrow to construct control lines around the perimeter of the fire. Cathey Vista and the Cathey Canyon Trailhead will be closed to the public while firefighters work in the area. Smoke will be visible along the Sunspot Highway.

Final Update: Cathey Vista 4 Fire Update 11/24/21

NOVEMBER 24, 2021 BY LINCOLN NATIONAL FOREST 0 COMMENTS

This will be the last post of the Cathey Vista 4 Fire unless there is a significant change.

Size: 0.75 acres

Cause: Human

Update: Firefighters were able to built fire line around the perimeter of the 0.75-acres fire. The fire received light precipitation this morning. Crews will continue to monitor the fire over the coming days. Cathey Vista and the Cathey Canyon Trailhead continue to be closed for public safety and to allow for firefighters to work in the area.

POSTPONED: Lincoln National Forest, Prescribed Burn Planned in the 16 Springs Area, Sacramento Ranger District

NOVEMBER 30, 2021 BY LINCOLN NATIONAL FOREST 0 COMMENTS

UPDATE: 11/30/2021 – The 16 Springs Prescribed Burn has been postponed.

CLOUDCROFT, NM – 11/29/20: The Sacramento Ranger District plans to begin prescribed burning in the 16 Springs area approximately 3 miles north of Mayhill, NM beginning the last week in November and continuing throughout the winter and spring as conditions allow. Smoke from the prescribed burn is expected to travel northeast towards Roswell but may impact nearby homes.

Why We Prescribe Burn

A healthy forest is a resilient forest that undergoes fire regularly, just as it has for thousands of years.

“We are centered on long-term forest health, which includes reducing forest fuels and using prescribed fire on the landscape,” said Fire Management Officer Caleb Finch.

This past summer, the country saw the devastating effects of intense wildfires. Thousands of acres burned, and poor air quality permeated much of the western United States on and off. Prescribed fire is used to reduce risks associated with uncharacteristic wildfires that can pose significant threats to public health and safety.

How are Prescribed Burns Conducted

Before beginning a prescribed fire, fire managers evaluate local weather patterns, temperatures, relative humidity, wind speed and direction, fuel moistures, and smoke ventilation. Daily ignitions will only occur when environmental factors align with the required prescription that will achieve desired results and meet land management objectives. Prescribed fires are conducted in a controlled environment with experienced fire managers on-site carefully implementing the ignition and holding functions on the fire.

Air Quality: Prescribed Fires vs. Wildfires

Officials recognize that impacts to air quality during a prescribed burn may be unpleasant at times. However, prescribed burns significantly reduce the amount and duration of smoke more effectively than in an uncontrolled wildfire situation. Additionally, fire managers will actively monitor atmospheric conditions daily and use strategies to minimize smoke impacts to rural developed areas.

Safety

During operations, fire personnel and vehicles working in these vicinities may be visible to the public. Motorists are reminded to slow down and drive with heightened caution when passing through active project areas.