On December 12, TCEQ commissioners will decide who is and who is not an affected person. But December 3 is the next critical deadline. The recent batch of documents from Vulcan (Westward/Winstead), TCEQ Office of Public Council (OPIC), and TCEQ Executive Director (ED) consist of their recommendations to the TCEQ commissioners—who they think the commissioners should name as an affected person.
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.