Public Comments on Sandoval Oil and Gas Ordinance

If the County wanted to create districts by watershed and overlay various restrictions to protection water, they would have a scientific bases to do this. It would allow people within these watershed baoundaries to decide the restrictions. However, all these colorful watershed are part ofthe Rio Grande watershed. Only the yellow gold area in the northwest sector is part of thee lower Colorado basin. This is what good public participation looks like and what good government would do. this approach may be a way to meet the intentions of the Pueblo and Dine' communities for the needed protections against pollution from hydraulic fracturing and conventional drillling.

Sandoval County Commissioners,                                       October 28, 2018 

I am a resident of Rio Rancho in Sandoval County, NM; this is a Public Comment on the Oil and Gas Ordinance that I wish to appear in full on the record for the County Commission to consider. The issues in front of the County Commission are many regarding the writing and implementation of the Oil and Gas Ordinance. Here are the concerns we have:

The County can but does not appear to be willing to insert the needed protections where they have jurisdiction, on what is not preempted by State and Federal authority, into the ordinance.  

WATER– While water quality issues are being addressed in the Science Citizens Working group ordinance; it only pertains to specific districts within the ordinance itself.

BRINE/BRACKISH WATER– The County has not commented regarding the use of and its impacts Brackish/Brine would have on the shallower drinking water aquifers when a breach occurs. The Shoemaker Report of 2008-2013 of the Deep Water Brine wells was submitted in the oil and gas public comments two months ago. This report shows brine well impacts on the Rio Grande and the shallower wells, especially the drinking water wells in Rio Rancho, according to the OSE authorization letter.

The County has not disclosed:

• Their fiscal interest to the public on its private partnership with IMH Financial Corp partners in the Rio West Desalination Project;
• This entity has mineral rights to frack and drill. What are the County’s fiscal interests in those mineral rights?
• The County, agreed to a settlement agreement 12-30-2010, it will receive 4,000 acre-feet a year (AFY) to sell industrial water; What is the potential interest?
• On 12-14-2018 there is an expected $6M, the part of the sum the county spent on water development and the Rio West Desalination Pilot Program,
• This is not including the costs of road creation, repair, and maintenance, which was to be provided by the developers.
• Why has the County not processed any of the Pilot Project fiscal information and agreement through the County Clerk’s office or Treasures office? Why was the property taxes in Rio West assessed they way it was?

These are one of many of the items that the County has not disclosed, but the County is moving forward without addressing them.

1.)  The IMH Financial Corp Partnership will not have to polish the brackish/brine water to sell industrial water as “raw brine” for fracking and drilling once a pump is installed.

a.) This brackish brine water could be sold to fracking operators for the 40,000 mineral leased parcels on public lands being approved by federal authorities, as well as, for other community uses that have not been defined. The County complicit in the impacting of the private, public, trust and tribal lands onslaught of health safety and environmental degradation, not only the private lands under its jurisdiction. Is the County aware of this?

2.) The County could hold IMH to the intent of project by setting a standard of polished effluent for water sold.

a.) MOU between the State and EPA regarding recycling and green-washed use of fresh, produced and Brackish/brine finite waters of New Mexico does not address quantity or quality issues and what a breach of and or blow would cause to groundwater in the area. OSE and NMED have a limited jurisdiction but the intent of the project lies within the Rio West Master Plan and County ordinance jurisdiction.

Our suggestion is that the Commission demand that their Planning and Zoning Department follow the intent of the approval of the Master Plan for desalination, not sell raw brine and that any changes of the product produced would need to be approved by the county commission regarding the desalination project. 

ENVIRONMENTAL JUSTICE –CIVIL RIGHTS 

According to the environmental justice advocate, Richard Moore, “We believe that every New Mexican regardless of race, ethnicity, or class has a right to be properly informed and engaged in the decisions regarding our land, our communities, and the future development from economic development to community development. The struggle for land rights continues,” for Native American, traditional Hispanic and low -income communities.  Districting also is seen as a segregation issue being played out within the Sandoval County ordinance. This is not only troubling; it is an indication of systemic bias within the county government. It would not be hard to lodge a federal complaint to address a decades-old system of discrimination where more affluent communities are protected and low-income minority communities are left out of the process and how local government and developers make decisions for them. Sandoval County is already under a corrective action order on Native American voting rights violations. The County has a track record of discrimination.

In accordance with Title VI of the Civil Rights Act of 1964, each Federal agency shall ensure that all programs or activities receiving Federal financial assistance that affects human health or the environment do not directly, or through contractual or other arrangements, use criteria, methods, or practices that discriminate on the basis of race, color, or national origin.

Any Federal and State funding may be jeopardized and the County would be held responsible for implementing an ordinance of this nature, according to the ordinance drafts being presented for discussion and final approval.

Title VI of the Civil Rights Act prohibits recipients of federal financial assistance (states, grantees, etc.) from discriminating based on race, color, or national origin in any program or activity.

Executive Order 12898, on the other hand, directs federal agencies to identify and address, as appropriate, disproportionally high adverse human health and environmental effects of their programs, policies, and activities on minority populations and low-income populations.

However, a Title VI civil rights complaint may raise environmental justice issues when challenging a recipient’s activity. For instance, if a state agency receives funds from EPA to run a clean air program, that state recipient is legally prohibited from discriminating on the basis of race, color or national origin under Title VI when engaging in clean air enforcement activities.

The EPA, in complying with Executive Order 12898, can also ensure the programs it funds consider disproportionately high adverse human health and environmental effects on minority and low-income populations.

This includes the land use protections of health and safety that they are not addressing. The County is using “permissive use” restricting and disenfranchising environmentally impacted minority communities in the NW Section of Sandoval County. Follow-up comments by current County Commissioners are troubling in regarding the questioning of health and safety concerns voiced by Tri-Chapter tribal leaders. These comments indicate a deep bias against Indigenous and Hispanic communities in the Northwest Sector of the Sandoval County when their concerns are dismissed and they are disparaged publicly. (Rio Rancho Observer article 10-20-18)

We are proposing a collaborative community development structure. 

Public Participation and Notification Meanwhile, the County is not allowing public comment, in a public hearing, prior to the final approval of the ordinance.

• Past actions by the Sandoval County Planning and Zoning on the Sandridge Application when the county accepted online public comments, that were put into an unscannable pdf.  Several commissioners said they never read or considered those comments submitted online because of the sheer volume of email against the fracking attempt in the ABQ basin.
• The County has opened public comment online but this holds many questions as to citizens’ comments being a legitimate record on the issue.
• According to complaints to the Commission, there are complaints that are missing that were submitted. The Commission by not allowing Public Comments prior to a final approval of the ordinance disenfranchises community participation, with their actions that will permanently impact the lives of residents, and further disallows members of the public the opportunity for redress of a taking in district court, appears to be a violation of due process and civil rights.

CHEMICALS– many chemicals are used in fracking; some known, some not – most are toxic or can be radioactive at low levels. Radium found naturally in lower rock levels would be contained in rocks, even if brought to the surface. However, Radium turns in a radioactive gas called Radon, and that will be dispersed into the air. The Brine water will also contribute to a larger waste stream within the County that is radioactive agents of uranium and full of lead, arsenic and other heavy metals and minerals and VOCs. This is another waste stream additional to the fracking operations that will impact the region.

The County has letters of interest from Lhoist who has indicated that they would like to make gypsum board from the “lime” sludge waste from the desalination process—This waste stream is dangerous and needs more oversight.

The County should take seriously the tests, survey results, and statements by Tri-Chapter leaders regarding the health and safety impacts experienced by many residents who live on trust lands and private lands. We have not seen any public statement on what the County intends to consider regarding the Tri-Chapter complaint despite the occasional visit to Chapter meetings. The County attempts have indicated the County’s intentions only. There has not been a reciprocal collaboration, which should be a collaborative and mediated process.

BASELINE TESTING is needed prior to application approvals. The County should start this now.

SEISMIC ACTIVITY– Has not been sufficiently considered in the ABQ Middle Rio Grande Basin Rio Puerco and Watershed not in the Lower Colorado Watershed and San Juan Basin where there are several known fault lines near our water sources and in the geological formation of the Rio Grande Rift. Injection wells are often used to dispose of wastewater and these are known to cause seismic activity. There is also increasing evidence in Texas and Oklahoma that fracking is associated with significantly more earthquakes. A couple of the Ph.D. UNM Seismologists would be willing to come present but those efforts have been stopped by the Sandoval Commission and planning department during 2017 -2018. The NM Tech supplement report did not adequately address this issue.

AIR QUALITY AND CLIMATE CHANGE– Flaring is a common practice used in fracking in which huge amounts of hydrocarbons are released directly into the atmosphere. A 3- 12 miles radius near flaring pits has been identified as dangerous to human and animal health. In 2014, scientists working on a NASA study discovered a 2,500-square-mile cloud of methane hovering over the Four Corners region. The County seems to dismiss this as being of unknown origin, although recent studies clearly indicate that oil and gas development is the largest source of emissions contributing to this massive methane “hotspot”. Environmental health studies have found impacts of respiratory illnesses up to 10 miles from fracking wells, according to the peer-reviewed studies by Physicians for Social Responsibility previously submitted to the County). The County has not drawn up a Climate Change Ordinance to address climate emissions for this industry and other environmental and public health and safety issues, as we face an onslaught of fracking and drilling in the region.

The County appears to be ignoring many things in its rush to push a fictitious deadline to pass an inadequate ordinance.

SOIL RESOURCES– in this high desert climate, the soil can be fragile. Our concerns for the soil in light of heavy traffic from big rigs used in fracking; the traffic and erosion caused by roads and construction of drilling pads; toxic chemical spills and the hauling of water have caused in other counties in the nations that have similar populations to Rio Rancho and Sandoval County Urban, Semi-Urban and Rural Roads. Local County and City jurisdictions may spend up to $40 million a year. (See attached the Cost of Fracking Study) The EPA and State authorities state that in some areas soils are fragile, but this is of “minor concern due to the remoteness of parcels”. In other words, out-of-sight is out-of-mind, if they can’t see it, it doesn’t matter. Surely, this is not the message the Commission wants to be sending.

WILDLIFE– The Endangerment of the particular species to the County of the specifics species endangers in these areas, and the disruption of migratory patterns, etc. Here is a list of species candidate, threatened and endangered:

• Yellow-billed Cuckoo -Coccyzusamericanus -Bird Candidate
• Rio Grande cutthroat trout- Oncorhynchusclarki virginalis- Fish Candidate
• New Mexican meadow jumping mouse- Zapus hudsoniusluteus -Mammal Candidate
• Southwestern willow flycatcher- Empidonaxtraillii extimus- Bird Endangered
• Rio Grande silvery minnow- Hybognathusamarus- Fish Endangered
• Black-footed ferret- Mustela nigripes- Mammal Endangered
• Mexican spotted owl- Strix occidentalislucida- Bird Threatened
• Plus Migratory birds and animals

Wastewater pits, with indeterminate lining, are another means of disposing of fracking’s toxic sludge. There are open pits used in fracking, and there are new toxic evaporation ponds in the Rio Puerco waiting for a discharge permit from NMED, which should be out soon for public comment.

1.)  What are the provisions to keep birds and animals from drinking, or landing in, the open pit storage water in the ordinance?

2.)   What is the ordinance insertion that gives assurance that each parcel application has been inspected for threatened and Endangered Species?

DARK SKY–NOISE. The County has not inserted from the hours of previous comments given in the previous ordinance in 2017, the protection of the night sky and protection from noise in rural settings. The current suggestion from PZ Director is his opinion rather from scientific data. Therefore not allowing the correct insertion in the ordinance is a taking of property values of its citizens.

CULTURAL RESOURCES AND LANDSCAPESOf Indigenous nations and Tribal Communities are not being appropriately addressed. After an eloquent public comment from Tribal leaders at the 10-18-18 regular session of the County Commission; 

1.) The county commission ignored what was said and moved forward with an ordinance timeline without appropriate comment and consultation;

2.) When Pueblo leaders told the Commission that Nov. 1st was not possible a date for their attendance and further impute because of their ceremonial obligations, the Commission ignored this request and schedule a meeting on November 1^stdespite their requests.

3.) These inactions are an embarrassment to County residents because they have ignored conversations, emails, and comments and are moving forward with a bad ordinance.

Our suggestion is to enter into a formal tribal consultation and collaboration with tribal nations. Mediation on collaboration is needed because the County has shown its inability to address the process adequately and should take up the offer of Regis Pecos at the 10-18-18 meeting.

LOW SOCIOECONOMIC POTENTIAL FROM OIL AND GAS– The County Commission assumption if there is a “No Action Alternative” (no lease option) in the environs of impacted watersheds within the county.  IN OTHER WORDS, IF THERE IS NOT ENOUGH OIL AND GAS TO BE OF ANY REAL COMMERCIAL VALUE, then why move forward without a socio-economic cost-benefit analysis. The NM Tech Supplement did not provide a sufficient analysis. Yet the County is barreling towards oil and gas exploration at grave risks of chemical and mechanical pollution without public comments, will be rubber stamping oil and gas production by the Planning and Zoning Director through permissive use, seriously exposing the County to legal actions.

The INFRASTRUCTURE required for oil and gas production has not been addressed nor has its impacts on the environment including pipelines, compressor stations and gathering lines.  Ordinance language from local communities who also face preemption was submitted to Commissioner Heil during the process and was ignored.

The Paseo Del Vulcan (ABQ by-pass) now becomes heavy industrial roadway being paid for by the taxpayers, instead of the heavy industry being slated and seated in the regional area. The County is paving the way for crony developers to buy up frontage road along the route. This includes past action of the City of Rio Rancho annexing ranches in the area to bring the by-pass into the middle of the City. This appears to be agreements made with developers, ranchers and oil and gas industry in backroom deals, putting more tax burdens on property owners.

There have been transparency violations filed on how the bonds were approved without proper public notification. Many existing roads in Rio Rancho and the County have been ignored for many years when the bond was pulled putting Rio Rancho and the County 10-20 years behind on maintenance, repair, and replacement.  Property owners now see a major highway proposed while many existing roads lay in disrepair.  This will get worse if fracking operations are allowed access without substantial impact fees. The County does not have a cost-benefit, or fiscal impact analysis to take into account the taxpayers’ cost of environmental cleanup, roads, etc. as described in this document.

INADEQUATE language in the following areas of the Ordinance:

Infrastructure concerns – Pipelines, Compressor stations
No regs on road closures
No regs on gathering lines
No emergency response plan — We were trying to work with the County Commissioners Holden Rhodes, Heil and Eichwald back in January to form a LERC to write a plan, but the commissioners buried our request. Relying on Industry to implement and enforce it has shown not to work.
No public health concerns in the ordinance
No road impact fees
No lighting regulations
Did not require better noise standards
Not enough impact fees On erosion control
No operational restrictions,
No requirements on produced water
No requirements on the type of Water used
No requirement for additional air monitoring of schools inside and outside air quality.

No Real-time air monitoring for oil and gas particulates including FLIR Cameras to report real-time emission violations on fracking rigs.

HEALTH CONCERNS–For the record several physicians that wished to give testimony have been stopped by the County Commission and the Planning Department. Physicians for Social Responsibility and other health professionals have not had the opportunity to testify under oath to the Commission and enter into the record the statistics of respiratory illnesses that occur in communities with populations similar to Rio Rancho.  According to peer-reviewed studies, (already submitted previously to the County), respiratory illnesses from fracking operations healthcare costs would soar upwards to $275,000 a day.  Can the County afford these types of expenses considering the health programs they already fund?

OPEN MEETING ACT (OMA) VIOLATIONS– We have filed an OMA complaint on every meeting the County has held on the oil and gas ordinance and the bonds issues that included the road issues in the past 2-3 months.  The OMA violations occurred because of insufficient listings of agendas bond items, rolling quorum, lack of attachments and meetings minutes, notification of time, place and date, the disenfranchising of the public comments in the process by continually holding a hearing where people are not allowed access or to comment because they are holding the hearing in chambers too small to contain the interested public.

The County’s reliance on overflow seating is a problem in the atrium is poor sound quality and it doesn’t allow for public comment on any other agenda item or on the particular agenda item being heard. They do this on a continual basis despite offers by the Bernalillo mayor to facilitate crowds in a larger forum so those interested in speaking and attending the meeting in person can show their interest on an issue. It is unfair to the citizens of the County, does not allow them to redress, it chills public participation, creates apathy and disdain for the government on the issues that impact their lives and violates due process. Much has been corrected because of our filing of the OMA Complaints but despite the County efforts that we still have problems. Currently, there are several complaints in front of the OAG for determination.

IN CLOSING – 

Our suggestion would be to discuss this ordinance with the firm that wrote the Santa Fe and Mora County ordnances’, discuss passing a moratorium, request a moratorium to continue safely to develop this ordinance with both citizens working groups. Set up a reporting and development during the moratorium period, which allows the final product to be vetted. This would not be starting over, it would be taking the ordinance we have and delineating the issues with them and vetting what is legal ending with a quality protective ordinance.

Right now the commission needs to engage in Tribal Consultation and Collaboration and allow the process to be done correctly. The Sandoval tribes, in the APCG and Tri-chapter area, have supported moratoriums while is the ordinance process.

This ordinance is for the protection of the people and property in Sandoval County.

The Commission has not allowed public comment in a public hearing, to air this proposal to them as a possible solution to the challenges in front of them. We are in this together but that is not what the County’s message has been to those in or not in the CWG.

Instead, we are watching another train wreck.

There is a full onslaught of over 40,000 parcels on public lands in the Rio Chama, Rio Grande, Chaco Canyon, and the Greater Chaco areas up for public mineral leases. It is in the Greater Chaco area where health impacts are being experienced. People there have grave safety concerns that need to be addressed. The county ordinance would help adjacent private landowners fend off environmental impacts being ignored by federal and state regulatory agencies.

The County is not in a position to rely on staff that has no previous experience with writing and implementing the oil and gas ordinance, to the extent of the issues presented in Sandoval County, including tribal consultation. Our suggestion is to contact, Kate Ferlic, Law Firm ( California Planning Firm) and pay professional legal planners fees to bring forward an ordinance similar to the Mora and Santa Fe ordinance to save taxpayers the cost of legal actions that are sure to follow if the county continues with its current process.

Sincerely,
Elaine Cimino
Ecimino10 (at) gmail.com

Kate Ferlic 123 West San Francisco, Suite 200, Santa Fe, NM 87501 | 505.986.9641 (California Planning firm which did the Santa Fe and Mora County Ordinance)

The Costs of Fracking vUS

Final_2018_Letter_Authorization_RG-88934_POD1_POD2_Signed_20180831 from the OSE

The Voice of the People Curtailed in Sandoval County

This is a timeline of issues of public participation that indicate milestones in the County process. 

Since November of 2015, we, the individuals, citizens’ groups, NGO’s, tribal nations, have been engaged in public participation process with Sandoval County on the oil and gas 6 ordinances that have been drafted.

During the Sandridge Drilling application in 2015-16, several hundred citizens (over 2500) wrote the County email that was combined into one unscannable PDF that the County Commissioners refused to read. They indicated that it was because of the sheer volume of the response, mostly opposing, the Sandridge county drilling application that was and still is under a special use permitting.

After the Nageezi explosion in July 2016, we requested a public documents request under Information of Public Records Act (IPRA) and the County refused the request for an emergency response plan. From this point forward in the quest for open government information and public participation from the County, we were framed as opposition to Oil and Gas Ordinance, and a ‘nuisance’. This has resulted in the County obstructing nearly every attempt for information records and stopping the ability to enter information into the public record during a public hearing and denying our ability to comment, cross-examine in a public hearing.

During the 2017 draft ordinance it became clear of the streamlining and preempting attempts by the Planning & Zoning (PZ) director who has a clear bias towards industry and many times given false advice and responses that has influenced the County in drafting a very bad ordinance, which streamlines and deregulated offering little protection to humans and the environment.

The County has obstructed the IPRA and OMA (Open Meetings Act) Open Government laws of which we have clearly documented 3 IPRA and 10 OMA violations during the 2017 ordinance process. The County brought forward the failed ‘Stoddard’ ordinance again in 2018 as the Baseline Ordinance, after throwing a 25-member chartered Citizens Working Groups Chartered committee under the bus along with their CWG land use ordinance. Instead, Commissioners inserted some of the CWG land use provisions, only to hatchet them later from the ordinance. They were interested in the CWG Science ordinance that was to ban fracking in the immediate Rio Grande Sub-basin but still allowed conventional drilling. They also made last-minute insertions of 6 square miles to be exempted from the ban fracking zones in the Rio Rancho Estates. They did this without advertising maps or defining for the public where and what those areas are, did not advertise a closed meeting on their website prior to the ordinance consideration, and they never formally adjourned the meeting.

The only pool of oil in the basin available is under the Rio Grande. Banning fracking in one area puts at risk the populations of minority communities of Pueblo, Dine’ and Hispanic communities already experience respiratory illnesses in the Northwest part of the County.

Each year the County adopts an Open Meeting Act Resolution to follow through the course of the year. The County has never changed that but in July of this year, they disallowed public comment until the final approval of the O&G ordinance. In September 2018, the County proposed another amendment to OMA to violate the free speech and the free association of employees and elected officials. We were able to defeat their violation of free speech on this OMA amendment.

The County did not allow any of the ordinances while in the PZ procedure to go for a public comment until the final approval when they abdicated their responsibility and tossed an incomplete ordinance back the County Commission. As stated prior to the Sandridge application procedures the majority of PZ and county commissioners did not read email comments.

They have suggested once again to send the public comment through their website once again in 2018. However, this is not a public hearing and it is not required that they accept the public comments into the record. Therefore, the public comments are not apart of the official record. This is important because as stated prior ( this is an excerpt from a large report) the County defaults on the quasi-legislative ruling making procedures when citizens have the right to redress of their grievances in district court.

The County has not given findings of the why they have accepted or reject the Public comments they received of why the ignored the Citizens Working Group ordinance that attempted to address land use concerns.

The Citizens of Sandoval County have been harmed by the governance from the County Commission on free speech, on open government transparency laws that are suppose to shine light on records in which gives citizens the understanding for the issues before them that they may either weigh-in on support or opposition and to interact with the County on facts and their passions on these matters. Instead, people with opposing viewpoints or even suggestions for the Commission to consider are treated as nuisances with threats of arrest after they refuse to hear people and only to have squashed their voices from the official record. They are not allowed to address substantive issues that are entitled to under the law in comments of one or two minutes. Under Roberts Rules of Order cross-examination is allowed but the chairman will not allow it.

From January through May 2018, our group tried to form a Local Emergency Response Planning (LERC) Committee, insert language into the ordinances and bring up conflicts of interests that need to be addressed to the public of the County’s fiscal interests in the fracking and selling water to fracking operations. All attempts to participate were thwarted, ignored and only threats of arrest when trying to state the issue in 1-2-3 minute time frame with no opportunity for presentation and discussion on concerns that need to be on the record. Usually, this happened in a public hearing when Roberts Rules of Order is followed because it gives the opportunity for redress of both sides. The Commission will not allow the rules of order to be implemented.

As a result of following the meetings, we worked to document further violations of the Open Meeting Act (OMA) and Inspections of Public Records Act (IPRA). We have had to file a complaint with OAG on every meeting, which there was an infraction of the law under OMA and the Administrative Procedures Act (APA) state laws.

The Office of the Attorney General (OAG) is investigating these issues but they are over 6 months behind on the complaints. The OAG rarely enforces the law on IPRA and OMA. This is why the rogue commission like Sandoval County is allowed to violate the law so the industry can profit over people and the people voices are squashed.

Without enforcement of the law, there is no rule of law. As Sandoval County citizens and New Mexicans, we are living in a “State Capture” society, which regulations and laws are being implemented that allows corruption that distorts the intended implementation of laws that shapes the formation of the laws to disproportionally support industry profit of people and the environment.

The NM state agencies run by former lobbyists of the industry on the agencies are to oversee and of dark money campaign contributions that allow for the oil and gas industry full-oversight of NM EMNR and NM OCD, for $2 M donation to the Governor Martinez’s campaign, pay-to-play corrupt activities in both parties, now they are doing the same for the State Land Commissioner race in 2018. Even the ballot initiative for an NM constitutional amendment of an ethics commission, sorely needed and is sure to pass, will have little impact on this problem because it has no subpoena power, no commission while not in session, no budget, and meets in closed sessions.

Rio Rancho Estates Targeted for Fracking and Drinking Water Destruction

Agenda packet for 11-8-2018 You will have to look at the agenda packet to see the three draft maps (below inline story) on the Current proposed ordinance these insane commissioners are discussing and wanting approve at the County Commission the Nov. 8th Sandoval County Commission Meeting.

Currently, Commissioner Heil has proposed the 55,000 parcels that include the Rio Rancho Estate (RRE) units 1, 2, 3, 4, 5, and 6  be “relieved” from the ban fracking zone. This is where the City of Rio Rancho pumps their drinking water wells.  Mr. Heil is also the City of Rio Rancho Planning and Zoning Chairman. Mr. Heil is working for the industry and is part of the problem of state capture in Sandoval County and the State of NM. Threatening drinking water is a form of terrorism that the now being government sponsored under the regime of this county administration.

The County in last Thursday’s night meeting has had another Open Meetings Act (OMA) complaint filed on them for 5 violations that occurred in the meeting. The multiple violations would not go away if they help another meeting because of private communications with select groups via text messaging and phone calls that were occurring during the meeting.  No public comments were allowed.  No public comments will be allowed at the November 8th meeting.

The Commission is not allowing comments and anything to be formally entered into the record.

However, we suggest emailing the Commissioners and especially David Heil to tell them what you think of them destroying the Drinking water for 90,000 people in Rio Rancho and to cause more respiratory illnesses that may cost a community like Rio Rancho nearly $275,000 a day ( See The Costs of Fracking vUS.  ) Already in the northwest part of the County people are experiencing respiratory illnesses from fracking and yet by the maps attached to the Draft Ordinance being voted on late Thursday evening are ready for a decision for a bad ordinance approval, there is no consideration been given these communities that would offer relief in the Northwest part of the Sandoval County AKA District A, in

the form of strict restrictions.  The area in the small green box represents 6 units that extend from west side 60th Street to Rainbow on the Eastside and from the Sandoval County border all the water up to Paseo Del Vulcan to the north, in the Rio Rancho Estates. AMREP owns mineral rights on 55,000 parcels in RRE (there may be several acres within a parcel)  that were lease sold to Thrust Energy who will hire wildcat operators to come in a destroy the drinking water supplies it this is allowed. This is also the area that eminent domain will be imposed for the Paseo del Vulcan ABQ by-pass extension.  The enlarged area above the map with the yellow blocks show the number of units of the Rio Rancho Estates. Heil is not protecting the health and welfare of the County, he is protecting oil and gas interests.

We suggest you read the “Voice of the People Curtailed” to understand how the County has stopped the voice of the people from being heard on in this issue.

We are asking you to contact commissioners Holden Rhodes, David Heil District 4, and Commissioner Eichwald District 5; ask them why they are intent on poisoning the water supply and the people, for profit over people? Why they are intent of destruction of the Earth by causing more emissions that will drive climate change? Why they are intent of threatening the water supply for the Rio Grande. Remember these are people who only care of profit margins of industry not about the people. They tell each group a different story. They break the law on OMA every meeting and laugh because they are not held accountable. These are the Commissioners that told a 25- member citizens Working Group that is in the “trauma and drama” of the issue, that there are “winner and losers” and the “CWG were losers.”   The Citizens of this county deserve to be protected. Now please contact them and tell to vote NO on the current ordinance Draft. The CWG Science ordinance in part is good but they must uphold stronger protecting for the District A as well. All people deserve protection.  We cannot in good conscience allow the continued impacts to our rural communities, Hispanic, Dine’ and Pueblo brother and sisters.

The County, whatever they do on this ordinance will get sued.  They have backed themselves into a corner.  They must implement a moratorium and contact Kate Frelic ( see our submitted public comment post) to have the planners that wrote the Mora and Santa Fe Ordinances’ write the Sandoval County for a $100,000. This is a deal considering the what court costs are going to be paid if they do not.

You can watch the county meeting at this link Live Stream  

Submit Written Public Comment

The written public comment should be submitted via email to PublicComment@sandovalcountynm.gov

If you do not have access to email and wish to submit a paper letter for your written comment, please mail to:

Sandoval County
Public Information Office
Attn: Oil, Gas & Water Public Comment
P.O. Box 40
Bernalillo, NM 87004

DISTRICT 4
DAVID J. HEIL

Contact Information:
Phone: (505) 252-6085
Email: dheil@sandovalcountynm.gov

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Serving the residents of Western Rio Rancho

DISTRICT 5
F. KENNETH EICHWALD

Contact Information:
Phone: (505) 252-7412
Email: keichwald@sandovalcountynm.gov

DISTRICT 1
DR. JAMES F. HOLDEN-RHODES

Contact Information:
Phone: (505) 235-5628
Email: jholden-rhodes@sandovalcountynm.gov

Raw Brine pumping for fracking will Impact Rio Grande

Sandoval County voted on an unadvertised list for ICIP funds for roads,bonds and then they added new items not on their revised working list. list should have been made public as it includes new highways funds to develop for fracking truck traffic. Paseo Del Vulcan #ABQ by-pass topped the list.

Also, was escorted off the podium before I could finish my message that the Interstate stream commission ISC report by Shoemaker in 2009 and 2013 was concealed in the district and NM Supreme Court(s) and to the Legislature when they passed the brine preemption of no beneficial use, knowing that the report said there were direct impacts from pumping brine. In the same token any Fracking or drilling especially with brine would impact and destroy the drinking water supply for the region and because the fractured geology. Below is a modeling map that shows the impacts on hydrology on the Rio Grande.

The employees involved should be sanctioned
And that there was no record of the settlement agreement filed with County Clerk and no financial report or fiscal impact report to the County Treasurers office, with $6M of taxpayer money being spent on Desalination Pilot plant.

The raw brine can be used for fracking without polishing. The county is suppose to receive payment for the $6m dollars in December to seal the deal, when payment is made they will be able to sell 4,000 afy as industry use. The brine water rights and ownership is being litigated heavily in Arizona on $1B asset. Sandoval County is nowhere to be found. They gave away our resources that has the potential of destroying our water supply.

In order to protect the public health and safety of the people and environment of the region the brine desal directly impacts the oil and gas ordinance.


We need an audit and to put this all into the record.

COUNTY SLITHERS FRACKING INFRASTRUCTURE ROAD PROJECTS INTO ICIP AGENDA ITEM10 WITHOUT PROPER ADVERTISEMENT PROPS UP PDV

 COUNTY SLITHERS FRACKING INFRASTRUCTURE road PROJECTS INTO ICIP AGENDA ITEM10 WITHOUT PROPER ADVERTISEMENT -- PROPS UP PDV

(Part One)

Elaine Cimino  8/23/2018 

Rio Rancho, NM, On Thursday night’s agenda, Item # 10. The ICIP infrastructure projects at the Sandoval County Board of County Commission regarding road improvement in Rio Rancho Estates on Encino Road, Rainbow and King Blvd promoting Paseo Del Vulcan will be discussed and voted upon. These roads and other connectors are the arterial roads that feed to the main roads like Southern, Northern, and King Blvd (s) and the freeway Paseo Del Vulcan. These roads are for the oil and gas trucking operations, fracking operators and to help developers build out Rio Rancho City Center on the backs of the taxpayers, all to push the Paseo Del Vulcan (PDV) (aka Albuquerque By-Pass) with sweet real estate deals on frontage properties this Thursday evening.  AGENDApacket__08-23-18_1539_123

2020 ICIP next years Project to finance.

It is not just the issue or roads mentioned above, it is the entire push by these Commissioners to fund public roads for private developers in the RR area while ignoring infrastructure needs throughout the rest of the County and also ignoring the public safety issues. The county already maintains these roads as arterial roads. There are more pressing issues for the County than to build out Rio Rancho’s Pipe Dream for Paseo Del Vulcan Albuquerque by-pass.

We obtained the ICIP list despite it not being posted which shows PDV front and center. Yet they refuse to post this list.  2020 ICIP PROJECT CONSIDERATIONS v2 (1)

According to court documents obtained in an IPRA request, the County had required the developers of the Rio West Subdivision to build the roads our to their project in which the County was a partner.  However, over the course of the project, it became clear that the taxpayers footed the bill. The Northwest Loop, Encino Road, Rainbow Road and King Blvd paid for the road development out to the Rio Puerco and including the Old Ranch Rd that also included a state land swap with Mesa Del Sol.

It is the entire push by these Commissioners to fund public roads for private developers in the RR area while ignoring infrastructure needs throughout the rest of the County and also ignoring the public safety issues.

What happened was that the County ended up paying for those roads. They applied for funding on behalf of the developers and did a State Land Office land swap and ended up for the County paying for and maintaining the roads. Last January the County allowed a private Corporation to close down the Rio Puerco Road with armed guards.

There is nothing on the agenda that talks about specific on these roads nor a list provided, therefore, we believe this is a potential OMA violation because it was improperly advertised.

Where is the concern for public safety over pie-in-the-sky economic development?

More importantly, this area is where Thrust Energy said in this year’s work session that they would frack.  The industry needs this highway for transport.  Furthermore, with the Desalination Brine Project wells head repaired the fracking industry may use the raw brine for fracking without polishing it.

While everyone is focused on the oil and gas ordinance these commissioners are busy spending taxpayer funds to build infrastructure for an industry that if allowed to operate would destroy the aquifer, foul the air and impact the health of all residents if not dry up the Rio Grande with direct impacts to the Rio and its ability to deliver water to Mexico and Texas.

Prior Expenditures-
http://sandovalcountynm.gov/wp-content/uploads/2017/05/SCC20130221ATT9A.pdf 

Update on Sandoval County Oil and Gas Ordinance Timeline

Bill Diven- Photo Credit

According to Bill Diven’s Sandoval Signpost article, “Heil’s amendment on November 16^th, which passed 4-1, would make such development a conditional use in areas already designated in the Comprehensive Zoning Ordinance as community districts and overlay zones. Those 11 areas already have extra and varying zoning protections and include most of Placitas plus Algodones, Rio Rancho Estates, La Cueva, and the Jemez Valley corridor including San Ysidro.”

But NOT all Community Districts Overlays will have the same zoning. For example, Rio Rancho Estates has a permissive use zone in the overlays districts so there would be no changes to protections of the Municipal Drinking water wells that over 100,000 people rely upon. While many Environmental groups advocate for Equal protection the only overlay districts we can find that will get a public notice and a public hearing is Placitas, at the Dec 6th, East Mountains community meeting, Commissioner Holden-Rhodes mentioned "Exclusion Zones" meaning the community district overlays as a way to Exclude certain activities. As it now stands this is unequal protection. These can be found in the Comprehensive Zoning Ordinance.

Under conditional use, a drilling applicant would need to meet the same requirements for a permit, but instead of the zoning director making the decision, approval would be up to the Planning and Zoning Commission after a public hearing. Permissive use does NOT require that process, and the County no longer has a special-use zoning permit in the Comprehensive Zoning Plan. It is only under a Special-Use permit that the County has the authority to reject a permit. As long as certain conditions are met - in an administrative procedure, they cannot disallow the permit application. Bernalillo County has this copy to help the general public understanding permitting. 

On December 14^th, 2017, commissioners - during their one meeting for the month, are expected to vote on publishing the ordinance. That triggers a 15-day public notice period… making the January 4^th, 2018, meeting the earliest commissioners could take action on the ordinance itself.
As of Sept 21^th, 2017, the County adopts the Oil and Gas 9-page ordinance.


County Pulls a Bait and Switch on Citizens’ Input Process on Ordinance                                          This ordinance lacks adequate protections for water, air, and public safety. Many issues are not addressed.

Commissioner James Holden-Rhodes of Placitas attempted to table the ordinance until New Mexico Tech can finish its assessment of oil and gas resources relative to potential sources of groundwater in the county. His motion drew raucous applause but only one other vote, that from Commissioner Kenneth Eichwald of Cuba, the sole Democrat on the five-member body.

The $62,000 project began in July with the final report not expected until May of 2018. The county has contracted NM Tech as a consultant on developing the zoning ordinance that would apply only to surface issues on private lands outside municipalities.
Our Position Statement on the NM Tech Study

There are two parts to it: 1) primary goal to locate oil and gas resources that can be explored in the county; and 2) assessment of impacts to nearby aquifers. So they are looking at aquifers in a limited way, not like a hydrological assessment would but just in terms of limitations on oil and gas exploration posed by aquifers and geology in general if that makes sense.  It would help to identify areas where oil and gas exploration would pass through aquifers or nearby and the relative depths of aquifers and oil/gas wells in relation to one another is an important factor in whether damage could be caused to water resources and how high that risk is.  Interestingly though there is no mention of surface water supplies which the EPA also mentioned are at just as high, if not a higher risk of contamination from fracking specifically, which tells us that the goal was not to protect water resources but just to account for whether they would impede oil and gas exploration.

In the link above the NM TECH Study and the Staff report on Sandridge permit application under special use. When one reads the staff report we see a 180-degree position change when Commissioner Chapman became chair.

"This study produced: Bulletin-161 — Geology and Hydrology of Groundwater-Fed Springs and Wetlands at La Cienega, Santa Fe County, New Mexico, by Peggy S. Johnson, Daniel J. Koning, Stacy S. Timmons, and Brigitte Felix, 2016, which won the AASG/GSA John C. Frye Memorial Environmental Geology Award for 2016. Santa Fe County — November 29, 2017, The Bureau has been involved in a comprehensive study of the geohydrology of the wetlands in the vicinity of La Cienega, south of Santa Fe, since 2011. These springs and wetlands occur where local groundwater flows intersect the surface. They provide an important source of water for domestic and agricultural use as well as wildlife. The broad goals of the study were to understand the groundwater resources that sustain these wetlands. More specific goals addressed with collaborating agencies included developing strategies to restore springs and wetlands that have already been impacted by local urban development, and to assure the future and sustainability of these important resources. The study revealed a complex, 3-dimensional groundwater system. Groundwater flow from the Santa Fe Group regional aquifer sustains these wetlands. These groundwater flows are susceptible to increased groundwater withdrawals and to seasonal fluctuations, and a majority of the wells in the study have shown a persistent decline in water levels in the last decade. This study has redefined the shallow aquifer in the Santa Fe region and has much broader implications for that part of the state." 

The area in the North Albuquerque Rio Grande basin has a similar geological stratification, with more faults that make it more vulnerable to destroy perched aquifers by fracking. Sandoval County could regulate this water issue as a surface water issue but has failed to ask for the appropriate study.

Geology underlying the county was one recurring theme during the meeting. Speakers focused on the difference between the northwest, which includes part of the San Juan Basin with its history of oil and gas production, and the southeast, which includes part of metro Albuquerque where 800,000 residents rely in large part on groundwater.

While the geology of the northwest is relatively simple, the southeast also includes the Rio Grande Rift, one of the few rift valleys in the world visible on land. Here the earth’s surface is slowly pulling apart fracturing subsurface layers from Colorado into Mexico.

“Not taking into account the geology is a big problem,” said professional geologist William Brown of Placitas. The faulting along the rift increases the potential for drilling into a petroleum-bearing layer on one side of a fault line affecting a water-bearing layer directly opposite on the other side, he said.
“Placitas is the area that probably has the greatest potential for contamination,” Brown told commissioners. “There’s a huge number of faults in the Placitas area. It’s so complex that you can’t go up there and do horizontal fracking.”

Brown recommended dividing the county into zones with more stringent permit requirements including public hearings for sensitive areas.

Another geo-hydrologist working with the Placitas Citizens Group is making rounds to talk with the commissioners. Recently, Commissioner Holden-Rhodes distributed a letter regarding the hydrology and faults within the basin and the implications of earthquakes and strata vulnerability. The most recent earthquake was located in Cochiti Pueblo area. An Earthquake in the area of Cochiti Dam, which is an earthen dam, would be vulnerable to a catastrophic event causing death and destruction of the several pueblos and traditional towns and villages along the Rio Grande. Holden Rhodes sent a letter to the Community regarding his take on the water issues It is abundantly clear from the reports released to the public that drilling in the Rio Grande Basin would impact fault zones and may cause the destruction of perched sub-basin aquifers which Rio Rancho gets its water. In the Ortiz Mountains, East mountains, because of the uplift in geological strata it is equally important not to destroy private property values by destroying the groundwater supply.