It’s Not Over...

Come join us at the Alto CEP public meeting this Thursday September 29, 6:30 pm, at the Alto Lakes Golf & Country Club Sierra & Stag rooms, or online with Zoom, to hear the latest on our legal objections to the proposed Alto Concrete Batch Plant.

Attorney Tom Hnasko will discuss the upcoming appeal hearing with the Environmental Improvement Board regarding the denial of the air quality permit for the proposed plant. The path forward regarding this case, the pending cases in Judge Sugg’s court, and the funding challenges we face will also be addressed.

Alto Lakes resident Michael Miller, M.D. will discuss the often asked question of “Why should I care when I can’t see it?”.

Mr. Hnasko and Dr. Miller will be available to answer your questions whether you are in-person or online.

You can join the Zoom meeting by using this link

https://zoom.us/j/2829403304?pwd=Zmptajh4aDFSTnVBdDVaZ0t2dzRTUT09

Audio only participation is available by calling 1-669 444 9171 When prompted enter meeting ID 282 940 3304 and passcode: 834834

Please join us! More information is available at altocep.org

Why should you care?

The Fight Continues! September 29 6:30 PM MDT Zoom meeting link here Thank you for attending this public hearing. Featured Speakers Tom Hnasko of Hinkle Shanor and Mark Severance of AltoCEP

Update on ALL THREE lawsuits

First and foremost - the struggle to keep Roper Constructions proposed Concrete Batch Plant out of the 220 Corridor, also known as the Billy the Kid Scenic Byway, is not over. While it is true the New Mexico Environmental Department recommended the permit be denied, and the Department of the Interior signed a formal "final order denying the petition, Roper has appealed the matter to the Environmental Improvement Board. That hearing is scheduled for October 18-20. Once again, just as they were in the initial hearing before NMED, our voices must be heard. You can be heard simply by signing the petition now to stop the batch plant; … see link below.

Why should you care?

1. Your health! Even if Roper meets the air pollution standards required, and our experts say he is not even close, his plant will pose a very real health risk not just to his immediate neighbors, but to anyone within the toxic plume the plant will emit. Here’s what a permit allows him to legally emit annually (taken from the permit application):

a. 95 tons of Nitrogen Oxides (NOx)

b. 95 tons of Carbon Monoxide (CO)

c. 95 tons of Volatile Organic Compounds (VOCs)

d. 95 tons of Total Suspended Particulate (TSP)

e. 95 tons of Sulfur Dioxide (SO2)

f. 23 tons of Hazardous Air Pollutants (HAPs)

2. Your Property Values:

a. Properties in the immediate vicinity will be devalued by up to 50% or more. That alone will put downward pressure on local property value.

b. Potential buyers don’t move here to breathe toxic air.

3. Water:

a. Roper currently has no water rights, but if he were to secure those the amount of water required to mix concrete alone would impact the water table;

b. Add to that the acre feet of water he’ll need to consume to remediate air pollution and the water demands would be sufficient, in our opinion, to threaten the water table our golf course relies upon;

3. Traffic

a. The plant will operate 18 hours a day, 6 days a week;

b. Anticipated truck traffic will average 305 trips per day;

c. IF Roper doesn’t secure water rights, add another _____ trips per day to deliver water to the plant, both for air pollution remediation and to prepare mix loads.

Prominent Voices in opposition:

1. Ruidoso / Lincoln County Association of REALTORS Read their open letter here

2. Tom Stewart, Commissioner representing the Alto region.

What can you do?

a. Sign the petition to let EIB know you oppose the permit

b. Submit a letter online directly to the EIB here

c. Donate to AltoCEP to help us defray the $500,000 in attorney and expert witness fees we still owe.

d. Keep track of our progress. Stay up to date on the results of the EIB hearing and the two other lawsuits currently pending

Cement Batch Plant Meeting - NEW MEETING DATE: Sept 29 @ 6:30pm in the Sierra & Stag rooms of the Alto Lakes Golf & Country Club.

NO THE FIGHT IS NOT OVER!

The fight to prevent the construction and operation of Roper Construction’s proposed Alto concrete batch plant is NOT over!

WHY? Because the Final Order issued by the New Mexico Environment Department (NMED) Secretary of the Environment to deny the plant’s air quality permit application, therefore preventing the start of construction of the plant, has been appealed by Roper Construction Inc.

The appeal will be heard by the Environment Improvement Board (EIB), an independent review board that advises NMED and reviews appeals to permitting decisions. The appeal will be held as a virtual public hearing October 18-20, 2022 using the WebEx application.

The latest information on our rebuttal to this appeal can be heard in a discussion with Alto CEP attorney Tom Hnasko at 6:30pm, Thursday, September 29 [New Date], in the Sierra & Stag rooms of the Alto Lakes Golf & Country Club.

Zoom Link available - go to AltoCEP.org for the link. Audio Only participation will also be available at 1-669-444-9171 Meeting ID: 282 940 3304 Passcode: 834834.

In-person and on-line participants will be able to ask Tom questions concerning the appeal, the pending deed restriction case in the New Mexico 12th Judicial District Court of Judge Sugg, as well as the financing of these efforts.

LET NMED HEAR WHY YOU STILL OBJECT! Similar to the previous public hearing, public comment is being solicited in writing prior to the hearing, and during orally during designated public comment periods. Written comments can be submitted at the public comment portal for the hearing and can include attachments up to 30 MB. Comments submitted for the previous hearing can be resubmitted, and you are encouraged to do so. Public Objection has been, and still is, a crucial part of our success!

for more information go to ALTOCEP.org

Alto Coalition for Environmental Preservation

PO Box 1213 Alto, NM 88312

PLEASE HELP FUEL OUR SUCCESS! Alto CEP is a 501(c)3 Public Charity and all donations to fund our cases expenses are tax deductible.

AltoCEP Cement Batch Plant Meeting, Thursday, Sept 22 6:30 pm @Alto Lakes Golf & Country Club Pavilion. YES - the fight continues

Public Meeting Thursday September 22, 2022

When: 6:30 PM

Where: Alto Lakes Golf and Country Club Pavilion

Updated information about Roper's appeal to the NM Environmental Improvement Board (NMEIB)

Update from our attorney

Status of our 12th District Court proceedings

Upcoming Fundraising Events

Defining our path to success

To help us out: If you use Amazon or Amazon Prime---type Amazon Smile in your browser. Then enter as your charity: "Alto Coalition for Environmental Preservation" Select it and you’ve helped the cause while shopping! A percentage of your $ spent will be donated to us.

To donate by check, make your check or money order payable to “ALTOCEP” and mail to:

ALTOCEP, PO Box 1213, Alto, NM 88312

All of the members of Alto CEP are unpaid volunteers. Donations are used solely to cover expenses incurred protecting and preserving our fragile environment.

Alternate platform to donate https://altocep.networkforgood.com/projects/166123-no-concrete-batch-plant

Write Letters again to stop the Concrete Batch Plant. Because of Roper appealing the NMED decision, another public hearing is scheduled. Your letters are needed to voice opposition

Environment Improvement Board

As a result of Roper Construction's appeal (permit request number 9295) because of the New Mexico Environment Department's denials at two levels, the Environment Improvement Board has scheduled a Public Hearing for October 18, 19, and 20, 2022. No other public details have been released at this time although the EIB is now receiving opposition communication through Pam Jones at email: pamela.jones@state.nm.us or phone at 505 660 4305 or postal hard copy to Pam Jones, Hearing Clerk, NMED, 1190 St. Francis Drive, Santa Fe, NM 87505. Re-sending opposition letters that were received by NMED for the February Public Hearing will be accepted with any updates deemed appropriate by the writer.

Following is a partial list of concerns that have been generated during the last seventeen months of objections. These concerns are not to be considered limiting but your objections need to address the deleterious effects of a concrete batch plant at the current, proposed location which adjoins Josh Botkin's High Country Nursery to the east at approximately four tenths of a mile east of the State Highway 48 intersection on State Highway 220.

Concerns:

1. Primarily a residential area with two sensitive populations, children and elderly, within the half-mile affected zone as described by NMED requiring certified, written notification.

2. How a concrete batch plant will affect the air quality of the surrounding area (human and various aspects of the environment).

3. How fugitive dust (an unavoidable condition of CBPs) will impact health and property.

4. If you can, be specific as to how personal health issues (ex. – compromised immune systems) will be impacted by CBP air pollutants.

5. How CBPs negatively affect wildlife and vegetation.

6. Threats to endangered species in the White Mountain Class I Wilderness. At 1.1 miles, the proposed site is within the three mile outer limit for such a project.

7. The 1999 Night Sky Protecton Act that prohibits light pollution.

8. The corridor is currently federally funded as the Billy the Kid National Scenic Byway and as such, there is a six-part protocol to be met to maintain such a designation. A concrete batch plant violates the protocol.

9. Noise, traffic congestion, road maintenance. 10. Water issues regarding acquisition, transportation, consumption, potential ground water contamination.

Please encourage others to write as the AltoCEP is assured that a large quantity of letters will not be overlooked during the EIB evaluation of r. Roper' appeal.

(Information provided by Galen Farrington)

RAIN in August!