Bloomfield City Council on Monday unanimously approved a zoning change to accommodate B8D LLC’s plan for a sand facility to support fracking operations in the area.
About 75 people attended the four-hour meeting about the hotly debated proposal for the facility, and the change in zoning from agriculture to heavy industrial use.
The frack sand facility, sunk 70 feet below street level, will be directly in front of the San Juan Gas Plant and adjacent to U.S. Highway 550 and Arizona Avenue. It is flanked to the north and south by a line of oil and gas field industries.
B8D purchased the land under agricultural zoning. The Planning and Zoning Commission had recommended denying the zoning change request at their Dec. 12 meeting, voting 5-1. The meeting for the City Council to vote on the zoning change was rescheduled several times.
City councilors were advised by City Attorney Nann Winters not to educate themselves on the frack sand industry or do their own research before Monday night’s meeting. B8D has presented their information to residents in two town hall-style meetings, but councilors saw the presentation for the first time on Monday.
B8D‘s Brock Brockinton was limited to 30 minutes to present to City Council, so the presentation was curtailed. Residents had two minutes each to present a case for or against the facility, and some commented that it was not enough time.
Jason Sandel, a resident of Farmington and owner of a Bloomfield business, spoke in reference to the large turnout.
“Tonight’s engagement and community involvement is proof positive that community engagement is alive and well in Bloomfield, New Mexico, which will yield dividends and social capital for years,” he said. “I stand in support of this zone change with hopes that we can organically grow economic development locally as it relates to the next generation of natural gas recovery.”
B8D has said that related businesses already exist in the area, and its central location would better serve the industry and reduce the cost of shipping the sand, which is used to “shore up” fractures to enable oil to flow.
Residents who opposed the location of the frack sand facility were advised at the Dec. 23 council meeting to select a representative to present their case. Ariel White, an attorney living in Bloomfield and a neighbor of the proposed operation, was selected. She called on experts, including Dr. Akshay Sood, who spoke about the dangers of silicosis, a lung disease caused by inhaling silica dust. After listening to B8D’s presentation, Sood noted that the company seemed to be following best-practice standards.
When asked by Mayor Cynthia Atencio about the residents’ main concerns, White noted the health concerns and the potential for decreased property values.
Speaking for B8D, geologist Mark Krumenacher of GZA GeoEnvironmental countered that silicosis was not a problem. The frack sand industry, he said, no longer runs dusty mining operations that refine sand down to a “very, very tiny” 2.5 microns. Newer technology has revealed that the particles do not need to be so small.
B8D also insists that their method of using water to process the sand, separating it from the clay, does not raise dust. Further, their facility is indoors, and sand will be moved into the processing facility via a pipeline on the property.
B8D said it has purchased air quality monitoring equipment, which is expected within 30 days, and is paying for independent monitoring at several key sites and will arrange to have periodic reports sent to the City Council.
B8D had no information about potential effects on housing prices.
The issue of using water again resurfaced.
While some citizens wanted concrete numbers on water usage, B8D claimed that their operation recycles 90% of their water. Water rights accompanied the sale of the property. If the water rights are changed to industrial use rather than agricultural, the amount of water they will be allowed to draw from the ditch is cut by about half.
B8D emphasized that there was a shortage of suitable land in the area, since less than 6% of the land in the county is privately held, and there are large swathes of BLM and Navajo land. When the parcel in front of the San Juan Gas Plant went up for sale, it offered the features and workforce that B8D needed.
It was again brought up that the city of Bloomfield had sought to build a reservoir at the site to supplement its 30-day reserve of water. In response, B8D supplied a letter of intent saying they would donate land on the south side of their parcel and an excavated hole for the reservoir. The city would then build a reservoir in the hole, eliminating the need for reclamation and increasing the city’s water capacity to a six-month supply.
B8D has pushed up the timeline for excavating the reservoir, with a new anticipated start date of the end of 2025 or beginning of 2026.
The city also expects to benefit from gross tax receipts, job creation and point-of-sale tax assessments.
B8D has committed to installing sound barriers when excavation is done on the city reservoir. Locating the electrically run processing facility below street level is intended to dampen noise.
Brockinton explained that B8D is working with the New Mexico Department of Transportation about widening Arizona Avenue and including a traffic signal. B8D has committed to scheduling trucks around the busy Naaba Ani Elementary School’s pick-up and drop-off times.
Throughout the evening, there were several opportunities for residents to speak.
Lisa Webb, who had posted information on the Citizens for a Better Bloomfield Facebook page, was not allowed to present information she had gathered to the council, upon advice of attorney. Webb was not one of the “affected citizens” – the city’s term for people who live or work within 150 feet of the proposed parcel change. Winters noted that Webb was not an engineer or principal of the company, and her information amounted to opinion. Citizen representative Ariel White asked Webb to not present her information.
After all public input, City Council discussed the zoning change. A concern of Councilor Scott Eckstein’s was air quality. Brockinton and geologist Krumenacher reiterated that their process would not produce the fine sand that can contribute to silicosis.
Mayor Atencio also wanted Brockinton to affirm that B8D had not received assurances from anyone in Bloomfield city government that the zoning change was sure to pass. He said he did not, and in addressing Councilor Kelly Burkholder’s concern as to why B8D would invest capital to excavate the site prior to zoning change, Brockinton said he was surprised by how long it took for the zoning change to be considered. He was concerned with accessing some water to keep dust down at the property before the Bloomfield Irrigation District shut off the ditch for the winter. He said he knew it was a risk.
Eckstein made a motion to approve the zoning change with several stipulations, which included: B8D will provide a plan to manage dust; provide a noise remediation plan; provide public traffic study updates; provide air quality data to the public at a minimum of two times per year; notify the council if truck rolls exceed 80; and provide a remediation plan.
Councilor Tony Herrera said he has friends on each side of this issue. “I know no matter what decision this council makes, there’s going to be some disappointed people.”
“It’s not easy, but I feel we have to make a decision tonight,” Eckstein said, adding, “I guarantee you when I vote tonight it will be my conscience.”
Herrera seconded the motion, and the council unanimously voted to approve the zoning change to heavy industrial use.
B8D’s Brockinton issued the following statement Tuesday morning:
“We are excited and grateful for the City Council’s approval of our zoning change request and are deeply humbled by the trust and confidence placed in us. We remain dedicated to honoring this decision through meaningful actions and lasting contributions to the city.
“To those who have supported us, we sincerely appreciate your advocacy and belief in our vision. To those who have expressed concerns, we hear you and are committed to being a responsible and engaged member of the community. To the citizens of Bloomfield, your safety and well-being will always be our top priority.”
