UNPERMITTED CONSTRUCTION ACTVITIES

Many of you have noticed, and commented on, the excavation activities that began last Tuesday.  This appears to be an attempt by Roper Construction Inc. to start construction at their proposed concrete batch plant site in the absence of an approved air quality permit.

While the EIB did vote to overturn the Deputy Secretary’s Final Order to deny the air quality permit for this plant, the reversal of that denial has not been issued, and a permit has not been issued.  The permit can only be issued after the release of the Findings of Fact and Conclusions of Law (FFCOL) by the Hearing Officer overseeing the EIB Discussion and Vote on this matter, and a mandatory judicial review of the FFCOL.  Until that time, construction activity for the proposed plant remains unpermitted.

You may recall there is a pending motion for Preliminary Injunctive Relief in the New Mexico 12^th District Court of Judge John Sugg.  A ruling on that motion is anticipated in a hearing scheduled for May 12.  You may also recall that Mr. Roper made the statement last May in Judge Sugg’s court that he would not start construction until the motion for Preliminary Injunctive Relief was ruled upon.

To preclude continuation of unpermitted construction work at the proposed plant site, today Attorney Tom Hnasko filed a motion for a restraining order pending resolution of the motion for preliminary injunctive relief.  This motion calls for Roper Construction Inc. to cease any construction, including exaction activities, of the proposed concrete batch plant pending resolution of the motion for preliminary injunctive relief.   The motion filed today can be read here.

The schedule for a ruling on this motion for a restraining order is entirely up to Judge Sugg.