All three of these entities used distance from the proposed rock crusher to exclude most requestors from being named affected persons. Vulcan recommended that if a contested case hearing takes place, only eight individuals should be named affected persons (all within one mile of the proposed rock crusher location). OPIC went with a two-mile radius of the crusher and recommended a few dozen individuals, Comal County, and the City of Bulverde be named affected persons. ED used a distance of approximately one mile and recommended 10 individuals be named. (All three recommended that Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry be named affected persons.)
It is our opinion that the one- and two-mile distance limitations are arbitrary and not based on any statutory law or legal limitation on who can be named an affected person.
We strongly urge you to submit a reply ASAP (deadline is 5:00 p.m. on Monday, December 3) if you were not recommended to be named an affected party. There are specific requirements to do this. Info on how to reply (including a template) and where to send your reply is available on our Resources & Documents page.