to Pamela Jones
This email is my protest a second time to the proposed concrete facility at Hwy 48 and Hwy 220 in Alto, New Mexico. I can't believe we are jumping through the proverbial hoops again after a victory the first time with NMED Air Quality Board. Exactly how many times is Roper allowed to protest a decision by a government board? Pure folly and a waste of the State's time and money. Is this going to be never ending or is this public hearing to be the final say?
I have lived here 27 years. At the age of 50, I had a heart attack and therefore live constantly with a chronic condition that I do everything possible every day to combat and win the fight for my life. We moved here for the quality of life - clean air, clean water, wildlife, quietness, access to National Forest and Wilderness.
I do not believe I will be able to stay in my cherished location that protects me from unwarranted concrete dust and extremly caustic pollutants in the air. With the price of housing today, where could I move that would be equal to what I have here right now? To be force to move because of ONE man's need to make more money is despicable. How can he be allowed to impact the lifes of so many people? NMED is here to protect the public - not ONE man.
As I understand, this plant is to be only 1.3 miles from the White Mountain Wilderness area, which I live right beside. Is there not a Wilderness Area "rule" with the National Forest that heavy construction manufacturing cannot be within 3 miles of a Wilderness area?
I protest the planned operating hours from 3am to 9 pm on Roper's application. So, who gives a damn about the New Mexico Night Skies? We will see these glaring lights starting at 3 am and not to speak of the noise at that hour? The night sky here is pretty much unbeatable.
Water. Roper plans to spray water to control dust. What a waste of a precious commodity. Where is Roper's water coming from? The neighboring subdivision has no water in their wells and are buying water around the community from other water districts to supply their residents.
Water quality issue. Roper does not address what he plans to do with waste water from spraying to control dust and cleaning the cement trucks daily. To clean trucks is he to use Phosphoric acid and trisodium phosphate? Are these chemicals going to find their way into Little Creek (river) and the ground water therefore eventually ending up in our drinking water and in the formations of Snowy River Cave? Will it become a Superfund Site like those sites in Colorado from the gold mining that used arsenic and the uranium mines tailings?
Lastly, Roper's wind model is inaccurate. Is all the dust and chemicals going to just hoover in our valley - trapped by the Sacramento Mountains and the Capitan Mountains when we have an inversion, which is a common occurance?
Please deny this appeal on his permit.
Sunday, October 9, 2022
my new letter for the EIB hearing. When writing your protest letter - you need to concentrate on dust and chemical exposure for your primary concern & opposition (especially with any health conditions). BUT water can be part of your opposition since Roper plans to control dust by spraying water.
Friday, October 7, 2022
Letters written by some of your neighbors for last public hearing. Use whatever you need for your new letters for EIB Hearing
HERE'S one letter: Reference: AQBP-Roper-AltoCBP-Permit Application Roper Construction’s Alto CBP
As homeowners in the Sun Valley Subdivision located in Alto, NM, we were shocked to hear about the Roper Construction plan to build a concrete batch plant, an obviously industrial facility, in our predominantly residential area. This is a devastating prospect! The strong winds we receive here will bring suffocating air pollutants throughout the area and I (Patsy) am exceptionally allergic to any and all air pollutants and experience the chronic condition of asthma as a result. (Please note that the letter you received recently from the Ruidoso Board of Realtors contains an excellent scientific discussion of the negative impact this type of proposed business will undoubtedly have on the quality of air in our community.) Also, if this application is approved, then the door is open to any number of other industrial businesses which could have the same type of impact(s) on our air quality. In this day and age of climate control, it seems to us that the State of New Mexico should be highly concerned as to the quality of the air in our local communities, especially those such as Alto which is a rural mountain community which thrives on the necessity of clean air for its primary commodities of tourism and the development of retirement and second home communities. Alto is NOT an industrialized area as most New Mexico as well as many Texas residents know and appreciate!
The many people with homes and businesses along Hwy 220 and throughout this entire area have extreme concerns as to what the construction of this plant would mean for everyone. Two of the major concerns are:
1. proven negative health issues related to particulate matter in the air;
2. degraded air quality and great increase in dust, which would also be detrimental to horses and other livestock as well as humans.
In closing, there seem to be no valid reasons for allowing this plant to be built in what is essentially a residential area dependent on retirees and tourism for its livelihood and survival. Surely there is plenty of space elsewhere that is more appropriate for an industrial business that would not adversely impact so many people. We would like to request in the strongest terms possible, that the application for a new air quality permit (or any permit) for the construction of a concrete batch plant at the above-referenced location by Roper Construction be DENIED!
In order for us to remain continually informed of the status of this issue in a timely manner, please add our names to the list for notification of any and all action(s) on this application. We also request that there be a public hearing on this matter.
Thank you for your time and attention to this most important matter.
HERE'S another letter one of the neighbors wrote in opposition asking that Roper' s permit be denied. It denotes some of the affects of a near-by Cement Plant:
" I most vociferously object to the permitting of this cement plant on the following grounds: "1. Air quality. At nearly 7500 feet, we enjoy nearly pristine air. Particulate matter ejected by a cement plant will destroy this. As I understood from one of the attendees, a children's church camp located nearby the proposed site was not mentioned in Roper's application and should have been for air quality purposes vis a vis children. Therefore, his application should be rejected for incorrect, misleading information.
"2. Water quality. Ours is a rural, residential neighborhood of homes ranging from simple summer cabins to high-end estates and everything in between. We all draw our water from the same aquifer. As stated by one of the attendees, approximately 32 - 39 gallons of water are used to make one cubic yard of cement. Roper has been quoted he wants to produce several thousands of yards per year. Obviously, he will suck the water table dry.
In addition, there is the issue of runoff from production, as well as runoff from washing the trucks, equipment, etc. This chemically polluted water will enter the water table, contaminating downstream sources. Apparently this issue is not addressed in his application, therefore it should be rejected.
"3. Road destruction. Cement trucks are not light vehicles. Roper's application did not address the destruction of trucks running 24/7 on County Road 220 and NM 48. Therefore his application should be rejected.
"4. Quality of life. Cement plants are not quiet factories. They create noise, smoke and odor. Again, ours is a quiet residential neighborhood whose residents chose to live surrounded by the sounds of birds, bees, bellowing elk, chattering squirrels and the laughter of children and barking of dogs. We do not want to live with 24/7 odor and noise. Roper's application should be rejected for destroying our way of life.
"In conclusion, reject Roper's application now. His plant, in the middle of an unzoned "out in the county" residential area, will destroy life as we know it."
HERE'S another letter:
This email is my protest to the proposed concrete facility at Hwy 48 and Hwy 220 in Alto, New Mexico.
I have lived here 26 years. First off - this location is part of the Billy the Kid Scenic Byway. One of my jobs at the Billy the Kid Visitor Center was to direct tourists to scenic places in Lincoln County. Needless to say - the byway was my first suggestion because of all the historic towns/museums that it leads people to, plus the scenery is just beautiful. A smoke/dust bellowing unsightly concrete manufacturer has no place being located on this SCENIC byway.
We moved here for the quality of life - clean air, clean water, wildlife, quietness, access to National Forest and Wilderness. As I understand, this plant is only 1.3 miles from the White Mountain Wilderness area. Is there not a Wilderness Area "rule" with the National Forest that heavy construction manufacturing cannot be within 3 miles of a Wilderness area?
Every day, I pass by this planned location on the way to my part-time job at Spencer Theater. With all the rain, the property is green and beautiful, a statement to rural living and openness. So in the future am I to fight heavy truck traffic and look at a disgusting plant/ rock crusher, bellowing out dust and who knows what else? What about the church camp/school nearby? Besides the fact the kids will get full brunt of the toxic chemicals and dust in the air, the camp will be bombarded with the NOISE.
Ah, the noise. I live on the opposite side of Hwy 48, up on the mountainside. The peace and quiet in the mornings is relished and cherished. Yes, I hear the occasional motorcycle ripping loudly down the highway and maybe a truck squealing its brakes, but otherwise it is heaven here. This valley is like living in a bowl though and the noise travels, especially with the loss of so many trees to bark beetles. Our noise cushioning has disappeared. I can hear hail falling on Angus Hill and know more than likely it is headed up the mountain towards my house and garden.
My next protest is to the planned operating hours from 3am to 9 pm on Ropers application. So, who gives a damn about the New Mexico Night Skies? We will see these glaring lights starting at 3 am and not to speak of, again, the noise at that hour? When The Night Skies law came out, I reached out to the neighborhood by writing in the Sun Valley Water Newsletter & Blog that it would behoove them to turn off their lights that stay on all night, to have motion sensor lights instead, because the night sky here is pretty much unbeatable.
Sun Valley Water and Sanitation District - I've been their bookkeeper for 25 years. I deal with the Office of the State Engineer reporting well readings. We are monitored to make sure we do not go over our allocated Water Rights, even though our rights from 1965 are lower in the priority appropriation. I understand Roper plans on producing 500,000 yards of concrete a year. It takes 39 gallons to make one yard of concrete, so that means, roughly calculated, he plans to use 49 acre feet of water PER year. Can the aquifer in this valley handle this consumption? Or will we have drawdown, just like what happened when the Village of Ruidoso put wells all along Eagle Creek, causing many property owners to lose their wells. NO, this is unacceptable.
Water quality issue. Roper does not address what he plans to do with waste water from cleaning the cement trucks daily. Is he to use Phosphoric acid and trisodium phosphate? Are these chemicals going to find their way into Little Creek and the ground water and eventually end up in our drinking water and in the formations of Snowy River Cave? Will it become a Superfund Site like the gold mining that used arsenic and the uranium mining in Colorado?
Lastly, Roper's application to NMED uses a wind model created by Holloman Airforce Base 16 years ago. We do not have similar terrain to Holloman. Secondly, the wind blows a lot of the time and mainly from the Southwest. But during this monsoon season, the wind hasn't been blowing. The sky is hazy from all the smoke coming from fires in other states. Is all the dust and chemicals going to just hoover in our valley - trapped by the Sacramento Mountains and the Capitan Mountains?
My goodness - too many questions unanswered. Please take my heartfelt concerns into consideration when hopefully denying Ropers application.
Wednesday, October 5, 2022
Wednesday, September 28, 2022
It’s Not Over...
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?
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
Friday, September 23, 2022
Cement Batch Plant Meeting - NEW MEETING DATE: Sept 29 @ 6:30pm in the Sierra & Stag rooms of the Alto Lakes Golf & Country Club.
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.
Friday, September 16, 2022
AltoCEP Cement Batch Plant Meeting, Thursday, Sept 22 6:30 pm @Alto Lakes Golf & Country Club Pavilion. YES - the fight continues
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