A new quarry on arroyo 41A

Of 42 desert arroyos stretching from the Franklin Mountains to the Rio Grande, only one, number 41A, is undeveloped. The El Paso City Council declared arroyo 41A part of the official “Mountain to River Trail” in the Open Space Master Plan in 2008. 41A can be seen from Franklin Mountains State Park’s Upper Sunset Trail. Recently, a large segment of the arroyo appeared to be enclosed in a bulldozed rectangle, containing hundreds of acres, which marks the boundaries of a new rock quarry.
If the quarry becomes operational, it could drastically alter the landscape and life of the Franklin Mountains and adjacent lands. To envision these potential changes, take a look at existing quarries in the area. Several can be seen while driving east on US 62/180 toward Hueco Tanks, and then there is the massive 750 acre McKelligon Canyon quarry. The first change is likely to occur when vegetation is removed. Native wildlife, such as the Lesser Nighthawk and the Texas Horned Lizard, depends on vegetation for cover, food sources, and nest sites. Some plants of concern, the Night-blooming Cereus and Sneed’s Pincushion Cactus, for example, need stable soil conditions to grow. The effects of a quarry could compound the difficulty that wildlife and native plants have surviving in our increasingly urban setting. We have enough species of concern as is. Drilling and blasting can send particulates into the air. Particle fallout could coat vegetation so that growth is hampered and food supply for deer and other plant eaters is diminished.
Tiny particles in the air can sink into human lungs as well. Depending on wind direction, particulates can impact air quality around schools and homes. According to an El Paso Times report from June 22, 2006, airborne particulates in the Montana Vista neighborhood near a far East quarry were associated with widespread breathing problems in adults and children and concern that lower property values would result. Further, the Mine Safety and Health Administration website (http://www.msha.gov ) describes the dangers to mine workers themselves from fine particulate matter.
Water quality and flow issues are also possible. Runoff from rain events naturally follows arroyos to the Rio Grande. However, if these conduits are altered, as arroyo 41A may soon become, enhanced flooding can occur, as in August 2006 (www.ncdc.noaa.gov/oa/climate/research/2006/ann/events.html).
The quarry could also dramatically alter the gateway to the city. As seen from I-10 heading south toward El Paso, the quarry could mar the natural beauty of its Northern Chihuahuan Desert setting and prompt visitors to wonder about the city’s values and priorities. The majesty of the Franklin Mountains is a reason to live in El Paso. If the magnificence of the mountains is marred, our city’s economy may suffer.
Should the quarry develop as planned, it may bring about some uncomfortable changes in our lives. I urge you to talk with your city representatives to find a solution before we are faced with what could become a matter of compromised public health and safety. For more information, please see the Franklin Mountains Wilderness Coalition website at http://www.franklinmountains.org.

Ursula Sherrill

Breach of Contract?

On May 3, 2005 Jobe signed a mining lease with the General Land Office for the land next to the Tom Mays Unit of the Franklin Mountains State Park. (The lease is signed by Irene Epperson, a Member of Jobeco L.L.C., the general partner of Jobe Materials, L.P. Jerry Patterson signs as the Commissioner of the General Land Office.

Provision 24 of the lease states:

24. SURFACE USE LIMITATIONS: LESSEE shall not drill or mine, erect buildings or conduct any mining operations within three hundred (300) feet of the improvements without reasonably compensating the owner of said improvements.

The hike/bike trails on both the GLO and Franklin Mountains State Park properties are improvements. Sources tell me that such improvements are valued at $5.00 per linear foot. Jobe deliberately bulldozed those trails on the GLO property and within 300 feet of the State Park. In doing so, he may have encroached on the state park itself.

Pay attention: This could be a breach of contract.

By the way, Jerry Patterson has been a favorite candidate of Stanley Jobe. On July 19, 2005 (2 months after the lease was signed) Patterson received two contributions from Jobe, the individual: $35,000 and $1,340. In 2006, Patterson got another hefty amount of $20,000. Jobe PAC money also went to Patterson. On December 9, 2008, Jobe gave Jerry another $10,000.

Jobe in Violation of Section 404 of the Clean Water Act

Jobe is in violation of section 404 of the Clean Water Act in his attempt to destroy Arroyo 41A, the Mountain to River Trail. Here is a report that I received yesterday:

The EPA Region 6 Wetlands Coordinator in Dallas has been out to Arroyo 41A (planned Mountain to River Trail). Jobe violated section 404 of the Clean Water Act by not having a permit to grade the arroyo. EPA won't fine Jobe since this is his first violation. However, the Army Corps of Engineers is requiring Jobe to mitigate the damage and he will likely have to obtain a 404 permit to quarry the arroyo. The city, county and public may be able to comment on the sufficiency of the mitigation and also comment on the permit process.

According to a local Corps official, if Jobe wants to remove fill from the arroyos he can without a permit, as long as he doesn't store fill in the arroyo. Also, according to the same official, commenting on mitigation may not be an option specifically allowed by statute (although statute does not prohibit such either).

The above should also pertain to the developer of Desert Springs who intends to fill in much of 41A. The goal would be to work with the Corps so the permit mandates the least environmentally destructive alternative be selected.

Go here to be notified by email about any public notices through the U.S. Army Corps of Engineers.

Unanimous Again

City Council members voted unanimously today to accept the proposal of the Planning LRC and the resolution of the OSAB to expand the duties of the Open Space Advisory Board. A new ordinance codifying those duties will be drafted for final approval by the Council probably in January.

New OSAB Chairman, Charlie Wakeem, will work with Parks and Recreation Department Director, Nanette Smejkal, and Jim Carrillo of Halff Associates and the wordsmith of the document "Toward a Bright Future", to help hammer out the details of that ordinance before the next OSAB meeting at the end of December.

Commenting about the presence of open space advocates and OSAB board members at the meeting today and earlier at the Planning LRC meeting, Representative Beto O'Rourke said that they are "one of the most dedicated groups of citizens in El Paso."

City Council to Consider Expanded Roles for Open Space Board

At the November 19, 2009 Planning LRC meeting, committee members (Ann Lilly, Susie Byrd and Beto O'Rourke) unanimously recommended to the Mayor and City Council that action be taken to expand the role of the Open Space Advisory Board. Here is their full recommendation:

Click on image to enlarge and read

At the November 23, 2009 City of El Paso Open Space Advisory Board meeting, board members unanimously to make the following recommendations to the Mayor and City Council:

1. Reinstate verbatim Paragraph Two, Article One, sub paragraphs a. through e. of the El Paso Mountain Committee enabling Ordinance 014790 in order to transfer all the duties previously enjoyed by the El Paso Mountain Committee to the Open Space Advisory Board. [To see the enabling ordinance, go here. To see comment, go here.]
2. Apply those duties and expand oversight of the Open Space Advisory Board to projects in the Open Space Master Plan, new Open Space acquisitions, the Mountain Development Areas, and the hill side Development Areas.
3. Permit the Open Space Advisory Board to participate in prioritization and budgeting of the Storm Water Fees and other revenue sources allocated for Open Space Projects.
4. The Board shall be advisory to the Department of Planning, Research & Development, the City Plan Commission and the City Council.

Board members in their resolution also made it clear that they were fully aware and willing to increase the number of meetings necessary to satisfy any statutory development guidelines.

The Board requested the above changes in order to effectively implement the Open Space Master Plan and Council's policy regarding open space.

Tomorrow, December 1, 2009 the Mayor and City Council will hear the recommendation of the Planning LRC as well as the Resolution of the Open Space Advisory Board. It is Item 15B on the regular agenda.

OSAB Chairman, Rick Bonart, stated: "If Council approves this item on Tuesday, it will place day to day supervision of Open Space in the hands of passionate citizen advocates and not with staff and developers."

"Mount Franklin" by Eula Cates Oliver

From the ridge above Fusselman Canyon looking south

Enjoy the poem below by Eula Cates Oliver from the Franklin Mountains Wilderness Park Master Plan and Long Range Development Plan of the City of El Paso, Texas. It is simply titled "Mount Franklin".

In the dust time and the dawning

Old Mount Franklin, gaunt and bare,

Holds a wondrous compensation

From the desert's heat and glare.

Etched against the blazing skyline,

Sunset paling into night,

Purple shadows lovely vistas

Vying with the holden light.

Sunset sprays the sky with splendor

Mount Franklin's topped with glory rare,

Slowly dying, crimson shadows

Bring the hush of ev'ning prayer.

Please sign the petition.

Happy Thanksgiving

GLO's Respect for City Zoning Ordinances Not Pressed in the Case of Jobe Lease

According to a State of Texas document, the "GLO [General Land Office] almost never exercises its immunity from local zoning ordinances . . . " If that is the case, then why can't the City of El Paso assert its zoning requirements over the GLO land which includes the planned Mountain to River corridor now leased to Jobe Materials? In fact, the land in question is governed by some of the strictest ordinances in the City of El Paso. Again, if so, shouldn't the GLO not exercise immunity in this case as well.

Decisions about such land "are made publicly and with ample opportunity for public input." That hasn't been done in the case of the Jobe leased land that would destroy Arroyo 41A. In fact, some of the public input should come from nearby schools: El Paso Community College and Canutillo High School. Even the Jenna Welch and Laura Bush Community Library is nearby.

Environmental activists are asking how it can be good for school children (the very people the GLO oversight is supposed to benefit) to be so close to the pollution of a quarry. Even the vibration from the blasting will be near a major gas pipeline!

I suspect that some City of El Paso officials well understood that the GLO would respect City zoning laws. Nevertheless, they didn't say a word when Jobe signed the lease or when the City adopted the Open Space Master Plan and, even earlier, the Mountain and Hillside Development Districts. Hmmmm . . .