Documents and resources from our January 30 meeting are available to assist you in preparation for the preliminary hearing.

Wednesday, March 6

Comal County Courthouse

This is your last chance! To request to be an affected party in the eventual contested case hearing on the Vulcan quarry air quality permit, you must attend this preliminary hearing and show how you would personally be affected. Any person may attend this preliminary hearing and request to be an affected person—even if TCEQ has already denied your request.

If you think affected party status for you is a long shot (e.g., you live more than five miles away), please sign up to voice your concerns, request affected party status, and tell the court how this rock crusher will negatively affect your quality of life, health, and property. It is important to get as many comments and citizens as possible on the record in opposition to this permit.

About the Preliminary Hearing

This preliminary hearing is a precursor to the subsequent contested case hearing. That contested case hearing will be a legal proceeding similar to a civil trial in state district court. It will address the disputed issues of fact identified in the TCEQ order concerning this application issued on December 13, 2018. In addition to these issues, the administrative law judge (ALJ) may consider additional issues if certain factors are met. Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH.

If you absolutely cannot attend this preliminary hearing, your representative may be required to show in writing that he/she is authorized to represent you. A sworn affidavit may be best.

Make sure you are adequately prepared to requested affected party status. Also consider hiring legal counsel or contributing to cover legal costs of our group’s environmental attorney.

If you intend to align with Friends of Dry Comal Creek/Stop 3009 Vulcan Quarry, you will need to make a financial contribution.

Resources & Documents

At the Hearing

  • The courtroom will be crowded: arrive 30 minutes early to sign in and get a seat.
  • Bring three or four copies of any documents or evidence you wish to present.
  • Wear comfortable clothing and bring a sweater if you tend to get cold.
  • Bring paper and pen—or take notes on your phone or tablet.
  • Bring a large bottle of water and some favorite snacks.
  • Plan on staying to the end or at least until you are called—don’t give up! Depending on how many people participate, the hearing may last a few hours.
Facebook Event PageFlyer

Frequently Asked Questions

1. I just found out about the planned quarry. Where do I start?
Preparing for the Contested Case Hearing is the best place to start if you are new to this fight. We have checklists, templates, samples, instructions, presentation documents, other helpful resources, and videos of our August 23 meeting.

2. Do I need to mail any paperwork or submit anything to TCEQ online?
No. You do not need to submit anything prior to March 6. But having a written document to reference will be helpful when presenting your affected party request or answering the specific questions that the judge may have for you.

3. Should I still show up if I’m not requesting affected party status?
Absolutely! You can make the greatest impact by requesting affected party status—even if you live several miles away. But if for whatever reason, you will not be doing this, yes, please show up and support your neighbors by filling up the courtroom!

Still have questions? Email us at stop3009vulcanquarry@gmail.com.

(We do not offer or provide legal advice. Please consult a qualified attorney for legal counsel.)