While earthmoving equipment digs deeper and builds large sand banks in Bloomfield, city residents are reaching out to state agencies for about regulations regarding frack sand mining on the parcel owned by B8D LLC on First Street and Arizona Avenue.
Bloomfield officials including City Manager George Duncan and City Clerk and Planning and Zoning Administrator Crystal Martinez appear to take the stance that so far, B8D has not violated city zoning ordinance. Martinez noted, however, that B8D, based in Little Rock, Arkansas, would need a zone change if it began mining sand.
At it meeting Dec. 23, the Bloomfield City Council postponed action on a proposal to change the property’s zoning from agricultural to heavy industrial use. While citizens spoke out about issues such as water usage, air quality, blowing sand and health impacts, the mayor and councilors, along with B8D members, listened without much comment based on advice from the city’s attorney in the matter, Nann Winter of Albuquerque.
The zone change is now set to be voted on at the regularly scheduled Jan. 27 City Council meeting.
In the interim, city residents have been contacting state agencies associated with the mining industry. Albert Chang, director of New Mexico’s Mining and Minerals division, is aware of concerns about B8D’s planned frack sand facility.
“We have heard about that particular operation, and we have been following up to ask for registrations,” Chang said. “In response to citizen’s concerns, we have also reached out to other government agencies to refer public concerns to the appropriate agencies.”
Chang’s department is primarily focused on making sure that miners reclaim land appropriately after they’re done. Their rules require that the site be registered with them, and as yet they have not received any registration from B8D.
“A company may argue that they have not started mining yet,” he said.
Still, Chang said, he has been referring public concerns about B8D to other agencies that may or may not have some jurisdiction over this type of operation.
“For example, air quality concerns, to the extent that somebody is concerned as to whether there may be dust coming from this operation, I have made the Air Quality Bureau at the Environment Department aware that there have been members of the public who are raising questions and concerns about this potential operation,” he said.
About the Jan. 27 meeting
At the Dec. 23 Bloomfield City Council meeting, B8D LLC members Brock Brockinton and Mark Curry were not permitted to answer or respond to public questions, nor were they able to give their prepared presentation about their operations.
The City Council advised Brockinton and Curry they would be permitted to present at the Jan. 27 City Council meeting, during which time a vote on whether or not to permit the zoning change will be made.
To address citizen concerns, B8D will host a second Town Hall meeting on Saturday, Jan. 18, at the Bloomfield Cultural Center from 9 a.m. until noon. The Cultural Center is at 333 S First Street, Bloomfield.
“I have also referred the matter to the Mine Safety and Health Administration, which is a federal Department of Labor agency. They are better situated and have the rules and the authorities that I don’t have to address safety-related concerns when it comes to mining,” he said. “I know when I spoke with MSHA this morning (Jan. 6) they said that they would be looking into the matter and that they would work with the company to make sure that if a company wanted to mine for frack sand that they are appropriately working through whatever process MSHA has,” he added. “We have made our sister and partner agencies aware that these concerns have been raised.”
Chang was careful not to prejudge regarding the operation.
“But generally speaking, many permits would be involved in the development of something like a frack sand mining operation, not just from my agency, but there would be a number of permits from a number of agencies.”
Regarding permitting, Brock Brockinton of B8D said the company has been in communication with the various regulatory agencies regarding their long-term plans and working to ensure things take place at the appropriate times.
In the meantime, despite continued digging and sand banking activities, the land is still currently zoned “agricultural.”
According to the Bloomfield Municipal Code, Ordinance 517, pertaining to Agricultural Zoning District, there are prohibited uses and structures for such land. Prohibited use includes, specifically, “No commercial or industrial uses.”
Duncan maintained in a telephone interview Dec. 19 that the city didn’t see an issue with B8D moving soil around trying to get it into the condition they wanted.
“It was covered in sage brush, and a lot of the area had been used as a dump site. So they cleaned it up, and we didn’t see it to be an issue because it was ‘agricultural,’” he said.
City Clerk Martinez also is the Planning and Zoning administrator for Bloomfield. On Jan. 6, she refused to answer questions verbally, but insisted on written questions and written responses.
The questions posed and her answers were as follows:
QUESTION: The parcel now owned by B8D LLC is zoned Agricultural. According to Bloomfield Municipal Code, Ordinance 517, prohibited uses state no commercial or industrial uses. The city of Bloomfield has been aware that B8D is planning a heavy industrial use to produce frack sand. Why has B8D been permitted to dig and resurface the land prior to a zoning change?
ANSWER: Resurfacing is not precluded in the AG zone. Any “planned” use cannot be accomplished without a zone change.
QUESTION: Is there not a difference between “moving dirt” for an agricultural use and using heavy earth moving equipment to “move dirt” that includes digging down to bedrock and creating mountains of sand? (Again, Bloomfield is aware that what B8D wants to do is not agricultural in nature.)
ANSWER: The city’s code does not provide that granularity or distinguish as between different types of earth moving. B8D is not permitted to “mine” unless and until the Zone change is accomplished.
QUESTION: With the large public outcry against B8D's planned operation and the recommendation from the Bloomfield Planning and Zoning Commission to deny the zone change, why has B8D been permitted to continue to operate their large industrial-grade earthmoving equipment?
ANSWER: See answer above. (The city’s code does not provide that granularity or distinguish as between different types of earth moving. B8D is not permitted to “mine” unless and until the Zone change is accomplished.)
The city’s Municipal Code also states that “whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.”
Martinez wrote that any such complaints should be submitted to Cliff Young, the city’s code compliance officer, at youngc@bloomfieldnm.gov.
Additionally, a written complaint may be dropped off at City Hall, 915 N. First St. or mailed to: Cliff Young, Bloomfield Police Department, 711 Ruth Lane, Bloomfield, NM 87413.
The next Bloomfield City Council meeting is scheduled for 6 p.m. Monday, Jan. 13, at City Council Chambers at 915 N. First St.
