8/16/2007
Mr. John McCatharn
aka Parasol Dairy
PO box 19306
Albuquerque, New Mexico
87119-0306
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
Subject: Notification of objections to the proposed Parasol Dairy, Sierra County NM
To: Mr. John McCatharn and other interested parties
Dear Mr. McCatharn
This is to inform you of the objections of adjacent and neighboring landowners and residents to a proposed Concentrated Animal Feeding Operation to be constructed on lands owned by you John McCatharn and/or Parasol Dairy, of rural Sierra County, Caballo, New Mexico. These lands are located in Sections 21 and 22, T16S, R05W, Sierra County. To date we have collected over 240 signatures of local residents opposed to your intent to place your facility at the above mentioned location. We as property owners in Sierra County have the right to protect our property rights and will do so through whatever legal means necessary.
We are contacting you to register our objections regarding this proposed facility, and are further requesting that such a facility not be constructed. We have also registered our requests with the Sierra County Commission, with the New Mexico Department of Game and Fish, Bureau of Land Management, NMED Ground water Quality Bureau, NMED Surface Water Quality Bureau, EPA, along with various other governmental agencies.
This proposed location, as you are aware, is in a watershed which directly discharges into Caballo Reservoir. The contributing watershed which discharges via the Percha creek drainage crossing your property is approximately 121 square miles and high flood flows affecting your property are a common occurrence. Discharge of flood waters are directly into Caballo Reservoir and pollution of both ground and surface waters will result from any contamination source in this area. The Rio Grande from Percha Dam to Leasburg Dam is currently under alert for excessive amounts of pathogens (E-Coli). The State of New Mexico has proposed and the EPA has adopted a Total Maximum Daily Limit (TMDL) for this reach. The effect of your facility will certainly impact this standard for surface water quality in addition to jeopardizing the safety of groundwater wells in the area. We are aware of your current groundwater contamination at your present facility in Bernalillo County. We are unwilling to risk the safety of our wells and surface waters to you or NMED GWQB regulations.
History proves that compliance with State regulations is no guarantee for protection of water quality where CAFO’s are involved. Your facilities will contaminate our groundwater due to the shallow depth of the water table and further affect the surface waters which are already listed as “endangered waters.”
Releases of water from Caballo reservoir are critical to meeting demands of downstream users including the Cities of El Paso, Texas and Ciudad Juarez Mexico. Approximately one half of El Paso’s annual water demand for municipal, industrial and domestic uses comes from the Rio Grande, and pass directly through Caballo Reservoir. Water quality is both an interstate and international issue. The costs for treatment of water greatly increase as water quality declines. It is inappropriate to allow you Mr. McCatharn to place at risk so many people solely based on your assurances that you won’t discharge.
In addition, a dairy at this location will greatly reduce our standard of living, air quality, and property values. This is a recreation area including NM State Parks 2nd largest park system. Your proposed dairy will undoubtedly affect park visitation and ultimately revenues for State Parks and the local businesses which cater to recreational users. Our business community around Caballo Reservoir is strongly opposed to having a dairy nearby. You will find that Sierra County is generally welcoming to new business including agriculture but not at the expense of State Parks, landowners, and currently operating businesses including food processing facilities nearby.
In regards to Parasol Dairy obtaining assistance from federal agencies, we are aware that dairies commonly seek assistance from USDA National Resources Conservation Service (NRCS) and/or USDA Farm Services Agency (FSA) . Please be advised that any federal funding or involvement of funds or assistance obtained through NRCS or FSA is subject to the provisions of the National Environmental Policy Act (NEPA) of 1969.
As such the Respective agencies must consider the environmental effects of their actions including the use of federal funds for construction assistance or subsidization of the proposed Parasol Dairy. Both USDA agencies have completed programmatic Environmental Assessments (NEPA documents) for the NRCS Environmental Quality Incentive Program and FSA Milk Income Loss Programs; however these documents are entirely insufficient in addressing the environmental effects and consequences pertaining to construction and operation of the proposed dairy and its possible impacts to Percha Creek, Caballo Reservoir, the Rio Grande, Caballo State Park and the community at large.
I will be notifying these agencies that I and other concerned citizens will challenge the sufficiency of the existing NEPA documents in the event that any federal monies or assistance is granted to the proposed Parasol Dairy.
Given the controversial action of constructing a dairy at this location, the unknown environmental effects, and potential risk to human health and safety, this action could require the completion of an Environmental Impact Statement prior to expenditures of any federal funding towards construction assistance or subsidization to the proposed Parasol Dairy. In conjunction with the preparation of the NEPA document, Executive Order 11988 (Floodplain Management) needs to be addressed.
Feel free to discuss the merits of this letter with the respective agencies. We are confident that a challenge to both NRCS and FSA on the inadequacy of their NEPA coverage for actions concerning your proposed facility will stand.
With the agencies involved being copied and notified with this letter, we stand confident that NEPA requirements will be followed for any undertaking involving the proposed Parasol Dairy.
Sincerely,
Caballo Concerned Citizens Group
Jerry Nivens - spokesman
cc:
Mr. Adrian Tafoya
District Conservationist
Natural Resources Conservation Service
2101 S. Broadway
Truth or Consequences, NM 87901
Linda Scheffe
State Water Quality Specialist
Natural Resources Conservation Service
6200 Jefferson NE
Albuquerque, NM 87109
Mr. Edward Flores
County Executive Director
Farm Service Agency.
2101 S. Broadway
Truth or Consequences, NM 87901
Mr. Rick Lopez
State Executive Director
Farm Service Agency
6200 Jefferson NE
Albuquerque, NM 87109