Preserve our Hill Country Environment (PHCE) dba Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry filed a petition for review with the Texas Supreme Court (TSC). We asked that the TSC review the Third Court of Appeals decision to reverse the trial court’s judgment remanding Vulcan Construction Materials air permit application back to the Texas Commission on Environmental Quality (TCEQ).

The court chose to ignore and dispose of our petition. We asked and were granted an Extension of Time to consider submitting a Motion for Rehearing. Our deadline for filing was November 13, 2023. The PHCE board of directors (BOD) voted unanimously to not pursue a “Motion for Rehearing” at the Texas Supreme Court.

After speaking with our attorneys, we felt it would be more prudent and beneficial to our cause to pursue different avenues. The time, money, and resources that PHCE and all of our affected parties, volunteers, supporters, and donors have invested should be spent tackling water issues, the WPAP, and perhaps following through at the federal level.

The most likely next step for Vulcan is to obtain a Water Pollution Abatement Plan (WPAP). Of the utmost concern, White Ranch sits entirely atop the Edwards Aquifer Recharge Zone (EARZ). Fortunately, Vulcan must prepare and apply for a WPAP under the TCEQ’s Edwards Aquifer Protection Plan (EAPP).

The EAPP outlines the best management practices that will be implemented and maintained to reduce the amount of contaminants reaching the Edwards Aquifer. The WPAP has numerous components and requirements that must be satisfied before TCEQ will deem the application administratively complete. Once complete, the TCEQ will start the technical review process.

This process kicks off notification to affected cities, counties, and groundwater conservation districts, and the 30-day public comment period begins. The process repeats itself . . .

We are now in a fight for water!

An alliance of citizens and community groups has requested a rehearing by the full Third Court of Appeals, filing motions Monday for rehearing en banc. This follows a September 29 decision in favor of TCEQ and Vulcan Materials by a smaller, three-judge panel of the court. That decision reversed the district court ruling to strip the air permit from Vulcan for its proposed 1500-acre quarry between New Braunfels and Bulverde, effectively restoring the TCEQ air quality permit to Alabama-based Vulcan Materials.

Vulcan’s proposed open-pit limestone mining operation in the Texas Hill Country would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone (primary water supply for over two million people, including the cities of San Antonio and New Braunfels). Neighbors are concerned about air pollution, water supply and quality, truck traffic, destruction of caves, and decreased property values that could result from the location of this heavy industrial facility in a residential area populated by over 15,000 people.

Details of Rehearing Request

The September 29 opinion was authored by an unelected, retired judge: J. Woodfin Jones, sitting “by assignment.” Jones is not one of the current six elected judges on the Texas Third Court of Appeals. In motions for a hearing by the full, elected court, the alliance, led by Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, and Preserve Our Hill Country Environment, asserts the following:

• The standard of review applied by the panel is dramatically out of step with other decisions made by Court.
• The exemption TCEQ gave Vulcan from health and safety analysis was based on unreasonable application of extra-regulatory TCEQ policies.
• Emissions from additional on-site sources (e.g., quarry, blasting, stockpiles, roadways, product transport), plus other emission sources within 10 miles, should have been taken into account, but were not.
• The wholesale and unquestioned deference to TCEQ and exercise of unfettered and unlimited discretion by TCEQ in the air permitting scheme is a denial of due process.

Secrets, Secrets

Regarding the “trade secret” claim used by Vulcan to hide critical sampling data from citizens and the state of Texas, one motion for rehearing states, “Simply put, Vulcan, TCEQ, and the ALJ [SOAH administrative law judge] denied Appellees access to this data and the Court’s opinion simply brushes it aside with agency deference as the broom….The proceedings resulted in a ‘trust us we saw the data and you cannot.’ That is the pinnacle of a denial of due process and an abuse of discretion.” Furthermore, “When one peels back the layers of the exemptions, exceptions, and exclusions in this permitting case, all that is left is a hollow process that does not account for actual emissions, impacts, or hazards to human health or physical property.”

In response to the unfavorable panel opinion in September, David Drewa, director of communications for Stop 3009 Vulcan Quarry and Preserve Our Hill Country Environment, stated, “The panel showed no regard for relevant legal issues raised by Texans living and working in the area, and essentially concluded: Vulcan’s claims seem fine, and we trust them; no need to verify—or even see—the underlying data,” Drewa said.

Upcoming Timeline

Groups seeking to protect their families and the natural resources of the Texas Hill Country expect a decision on their rehearing requests within the next several weeks. Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

In a disappointing decision on Thursday, a three-judge panel of the Third Court of Appeals reversed the district court ruling to strip the air permit from Vulcan Materials for its proposed 1500-acre quarry between New Braunfels and Bulverde. The appellate decision effectively restores the TCEQ air quality permit to Alabama-based Vulcan Materials, sidestepping contamination issues raised since 2017 by an alliance of Comal County citizens, concerned community groups, and organizations such as Comal ISD and Greater Edwards Aquifer Alliance.

In November 2019, TCEQ commissioners granted an air permit to Alabama-based Vulcan Materials for the portable rock crusher in its planned quarry. Left with no other options, the alliance sued TCEQ to cancel the permit. In March 2021, trial court judge Maya Guerra Gamble ruled overwhelmingly in favor of Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry, reversing and vacating TCEQ’s approval of the Vulcan air permit.

Vulcan’s proposed open-pit limestone mining operation in the Texas Hill Country would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone (primary water supply for over two million people, including the cities of San Antonio and New Braunfels). Neighbors are concerned about air pollution, water supply and quality, truck traffic, destruction of caves, and decreased property values that could result from the location of this heavy industrial facility in a residential area populated by over 15,000 people.

Opinion Written by Retired Judge

The Thursday opinion was authored by an unelected, retired judge: J. Woodfin Jones, sitting “by assignment.” Jones is not one of the current six elected judges on the Texas Third Court of Appeals. His opinion uses the term de minimis no fewer than five times, repeatedly claiming that expected contamination levels (based on out-of-date 2017 modeling data submitted by Vulcan) are so low that no further investigation is needed. However, the air permit would allow Vulcan’s rock crusher to emit over 95,000 pounds of particulate matter, nitrogen oxide, sulfur dioxide, carbon monoxide, and VOCs into the Texas Hill Country air annually. Furthermore, without a full accounting of the facts, the actual amount of pollution this facility would produce could be much higher than the permit allows.

OK for Vulcan to Keep Hiding Data

Jones also opined that while there is a chance Vulcan’s crystalline silica emissions would exceed established pollution limits, Vulcan need not disclose the sample data used to run its air pollution modeling (concealed from the public and TCEQ, claiming a “trade secret” excuse). Apparently, we should take Vulcan’s word that its still-concealed data—the very basis for the modeling and these assertions of compliance—is accurate and reliable.

Continuing with the theme of pollution so small, we don’t need to worry about it, Jones wrote that contamination from mining, product transport, roads, and the quarry itself does not need to be considered; and that it was acceptable to predict background air pollution levels using data from monitors located 12 miles and 28 miles upwind from the proposed quarry location.

In perhaps its most stunning conclusion, the appellate panel admits that the SOAH administrative law judge and TCEQ exercised bias in favor of data from Vulcan and their agency (over Comal County citizens and scientific experts). But “that was the agency’s [TCEQ’s] province, and neither we nor the trial court may second-guess its decision.”

In Vulcan We Trust

David Drewa, director of communications for Stop 3009 Vulcan Quarry and Preserve Our Hill Country Environment, stated, “This decision is wrong—and a slap in the face to the thousands of concerned citizens in Comal County who have worked tirelessly over the past five years fighting to protect our families, our natural resources, and our beautiful Texas Hill Country from pollution generated by an out-of-state corporation.”

“The panel showed no regard for relevant legal issues raised by Texans living and working in the area, and essentially concluded: Vulcan’s claims seem fine, and we trust them; no need to verify—or even see—the underlying data,” Drewa said.

Milann Guckian, president of Stop 3009 Vulcan Quarry and Preserve Our Hill Country Environment, expressed concern: “I thought the opinion sounded a lot like something right out of the TCEQ commissioners’ handbook. It seems to me that the judge missed the point of our whole argument. The silica content data came from Vulcan and we never had an opportunity to look at, much less analyze, their samples. The ALJ and SOAH didn’t allow our experts to testify in the hearing either so we couldn’t counter Vulcan’s claims.”

What’s Next?

In the wake of this setback, citizens groups are assessing future options, including rehearing requests and appeal to the Texas Supreme Court. Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

One year ago, in May 2021, TCEQ and Vulcan filed an appeal to the Third Court of Appeals attempting to overturn the decision rendered by District Court Judge Maya Guerra-Gamble vacating Vulcan’s air permit.

TCEQ and Vulcan requested that the appellate court hold oral arguments, in addition to the multiple written briefs and replies filed by both sides. The court recently denied their request. Previously filed briefs were formally assigned to a three-judge panel on April 19: Chief Justice Darlene Byrne, Justice Chari Kelly, and Woodfin (“Woodie”) Jones. (Until 2014, Judge Jones was chief justice of the court; then he retired. He remains a senior judge and can be assigned to judicial panels.)

No timeline has been given for the decision, but we will alert you via our email newsletter and social media accounts as soon as additional developments occur.

Unsurprisingly, TCEQ and Vulcan Construction Materials are filing a legal appeal, attempting to overturn the decision rendered by District Court Judge Maya Guerra-Gamble vacating Vulcan’s air permit. The appeal will be heard by the Third Court of Appeals.

While Vulcan’s motivations seem transparent, it’s a bit disappointing that TCEQ is spending taxpayer dollars and agency resources ostensibly supporting an out-of-state corporation, and in visible opposition to hundreds of Texans they are supposed to protect!

We will update you with further developments as they occur. Thank you for your continued support and love for your neighbors and the Texas Hill Country!

On Thursday, Travis County District Court Judge Maya Guerra Gamble issued her final judgment order remanding and vacating the air quality permit TCEQ granted to Vulcan Materials. This formalizes the March 5 court decision in our favor without any substantial changes.

The court reiterated that “TCEQ’s determination that the plant’s crystalline silica emissions will not negatively affect human health or welfare is not supported by substantial evidence.” Also, that “Vulcan’s silica emissions calculations are not based on representative site conditions.”

Furthermore, the order states that TCEQ’s air modeling techniques, exclusion of emissions from the quarry and roads, and choice of background pollution data were “arbitrary and capricious, and not supported by substantial evidence.”

While the district court judge affirmed TCEQ’s BACT analysis, the order furthermore stated that, in the contested case hearing, SOAH administrative law judge Rebecca Smith “abused her discretion by ruling that Vulcan could maintain information from its 2016 subsurface investigation…as confidential under the trade secret privilege.”

Finally, “Plaintiffs were denied due process such that their substantial rights were prejudiced.”

Obviously, this is a huge victory for us, the citizens of Comal County, and the Texas Hill Country. Of course, TCEQ can appeal this decision to the Third Court of Appeals—and they probably will. But this is an incredibly significant, if not unprecedented, setback for Vulcan and TCEQ.

Thank you so much for your ongoing support! We couldn’t have done this without you!

AUSTIN—The determined alliance of Comal County citizens, community groups, and Comal ISD prevailed on Friday in a monumental victory over the Texas Commission on Environmental Quality and Vulcan Construction Materials, LLC. Judge Maya Guerra Gamble, 459^th District Court, Travis County, ruled overwhelmingly in favor of the plaintiffs, who have, since 2017, been fighting a proposed 1500-acre limestone quarry between New Braunfels and Bulverde.

In November 2019, TCEQ commissioners granted an air permit to Alabama-based Vulcan Materials for the planned quarry. Friday’s district court decision in Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry v. Texas Commission on Environmental Quality reverses and vacates TCEQ’s approval of the Vulcan air permit.

Vulcan’s proposed open-pit limestone mining operation in the Texas Hill Country would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone (primary water supply for over two million people, including the cities of San Antonio and New Braunfels). Neighbors are concerned about air pollution, water supply and quality, truck traffic, destruction of caves, and decreased property values that could result from the location of this heavy industrial facility in a residential area populated by over 12,000 people.

This lawsuit, essentially an administrative appeal filed in February 2020, was the latest step taken by area residents and groups who have been actively opposing the project for almost four years.

Judge Guerra Gamble ruled for the citizens’ groups on several key points:

• TCEQ’s assertion that the quarry would not harm human health or welfare was not supported by evidence.
• Vulcan’s emissions calculations were not representative and not supported by substantial evidence.
• Vulcan’s air quality analysis did not account for cumulative impacts or emissions from the quarry and roads.
• Vulcan’s choice of background concentration was arbitrary or capricious.
• In the contested case hearing, the SOAH judge erred in allowing Vulcan to hide behind “trade secret” claims.
• Plaintiffs were denied due process when the SOAH judge allowed Vulcan to conceal data using the “trade secret” excuse and did not allow plaintiffs to cross-examine Vulcan.

The permit, struck down by the court, allowed Vulcan’s rock crusher to emit over 95,000 pounds of particulate matter, nitrogen oxide, sulfur dioxide, carbon monoxide, and VOCs into the air annually. But without a full accounting of the facts, the actual amount of pollution this facility would produce could be much higher than the permit allows. Attorneys for Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry will now draft a final order. TCEQ and Vulcan have the option to appeal the decision, to the Third Court of Appeals.

Milann Guckian, president of Stop 3009 Vulcan Quarry and Preserve Our Hill Country Environment, stated, “We are extremely pleased with Judge Guerra Gamble’s decision. This is a win for Comal County residents, our beautiful Hill Country, and the entire state of Texas. It is a positive step forward in the process we have undertaken to preserve quality of life and our natural resources.”

“We are very grateful that after considering the evidence of our case, the court issued a rare reversal of TCEQ’s unjust and unfounded decision to grant the Vulcan Materials air permit in Comal County,” said David Drewa, director of communications for Stop 3009 Vulcan Quarry. Drewa says that the citizens groups will continue to advocate for common sense oversight of quarries and APOs—at both the local and legislative levels. Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

AUSTIN—The hearing on Friends of Dry Comal Creek v. Texas Commission on Environmental Quality will be held on Tuesday, December 8, at 9:00 a.m., in 459^th District Court, Travis County. Citizens’ groups Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry filed the lawsuit against TCEQ in February of this year to appeal TCEQ’s decision to grant an air pollution permit to Vulcan Construction Materials, LLC.

Judge Maya Guerra Gamble is assigned to the case and will preside over Tuesday’s hearing. Due to COVID-19, the hearing will be conducted via Zoom and broadcast publicly on the YouTube channel of the 459^th District Court, Travis County (https://www.youtube.com/channel/UCF_rPoUGrNEGiqEtiAPTLEg).

This lawsuit is the latest step taken by area residents and groups to oppose a proposed 1500-acre quarry in Comal County, between New Braunfels and Bulverde. Vulcan’s new open-pit limestone mining operation in the Texas Hill Country would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone.

Plaintiffs are asking the court to reverse TCEQ’s permit approval decision and send the application back for “lawful evaluation,” citing the following failures and prejudices during the June 2019 contested case hearing:

• Legal errors during discovery and trial
• Capricious and arbitrary exclusion of relevant data from air pollution modeling
• Failure to account for diesel exhaust emissions
• Allowing TCEQ staff guidance to supersede statutory state law
• Failing to require case-by-case determination of emission reductions

During the contested case hearing, the administrative law judge allowed Vulcan to use a “trade secret” excuse to hide from both TCEQ and area residents key core sample data used to calculate expected air pollution. At the hearing, Vulcan revealed that they had since destroyed most of the core samples they obtained from the property. Additionally, the administrative judge did not allow opponents to cross-examine Vulcan about this disputed core sample data.

Neighbors are concerned about air pollution, truck traffic, destruction of caves, and decreased property values that could result from the location of this heavy industrial facility in a residential area populated by over 12,000 people.

But this isn’t just another “not in my backyard” issue. David Drewa, Director of Communications for Stop 3009 Vulcan Quarry states, “This proposed facility should be very concerning to residents of San Antonio and New Braunfels—and all two million people who depend on the Edwards Aquifer as their primary source of drinking water.”

The court is expected to render a decision in the case within a month or so. In October, in a separate case, Judge Guerra Gamble ruled for Save Our Springs Alliance, striking down a wastewater discharge permit recently issued by TCEQ to the City of Dripping Springs.

“We are optimistic that after considering the evidence of our case, the court will reverse TCEQ’s unjust and unfounded decision to grant the Vulcan Materials air permit in Comal County,” stated Drewa.

Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

We continue to progress in our legal appeal against TCEQ and Vulcan. Our attorneys recently filed the initial brief in our case opposing the Vulcan air quality permit: Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry v. Texas Commission on Environmental Quality and Vulcan Construction Materials, LLC.

TCEQ is being represented by the Office of the Attorney General, so this is truly a David versus Goliath battle.

It will likely be several more weeks before TCEQ and Vulcan respond to our brief. Then we will reply to their responses and the judge will convene a hearing—perhaps by November or December. The hearing with the judge will be open to the public (and we will want to show up in full force!), although, considering Covid-19, we are not sure at this time what format it will take.

As the process continues to move forward, we will update you with additional info.

AUSTIN—Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek filed a lawsuit against the Texas Commission on Environmental Quality (TCEQ) in Travis County District Court on Friday. The lawsuit is the latest step in the legal appeals process, and requests judicial review of TCEQ’s November decision to grant an air pollution permit to Vulcan Construction Materials, LLC.

In June 2017, Vulcan submitted an application to construct and operate a rock crushing facility and quarry on a 1500-acre former cattle ranch in Comal County, between New Braunfels and Bulverde. Vulcan’s open-pit limestone mining operation would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone.

The lawsuit is part of a prolonged battle between Vulcan and hundreds of area Hill Country neighbors and citizens groups. In the petition, plaintiffs ask the court to reverse TCEQ’s permit approval decision and send the application back for “lawful evaluation,” citing the following failures and prejudices during the June 2019 contested case hearing:

• Legal errors during discovery and trial
• Capricious and arbitrary exclusion of relevant data from air pollution modeling
• Failure to account for diesel exhaust emissions
• Allowing TCEQ staff guidance to supersede statutory state law
• Failing to require case-by-case determination of emission reductions

During the contested case hearing, the administrative law judge allowed Vulcan to use a “trade secret” excuse to hide from both TCEQ and area residents key core sample data used to calculate air pollution. At the hearing, Vulcan revealed that they had since destroyed most of the core samples they obtained from the property. Additionally, the administrative judge did not allow opponents to cross-examine Vulcan about this disputed core sample data. A separate lawsuit opposing the same permit was filed against TCEQ on Friday by Comal ISD and other area residents.

Neighbors are concerned about air pollution, truck traffic, destruction of caves, and decreased property values that could result from the location of this heavy industrial facility in a residential area populated by over 12,000 people.

But this isn’t just another “not in my backyard” issue. David Drewa, Director of Communications for Stop 3009 Vulcan Quarry states, “This proposed facility should be very concerning to residents of San Antonio and New Braunfels—and all two million people who depend on the Edwards Aquifer as their primary source of drinking water.”

Jack Olivier, a Comal County geologist and member of the Texas Speleological Association, expressed concern about the location over the recharge zone: “Quarries here can act as manmade funnels into the underlying aquifers. The limestone sediment produced inside the quarry pit can get washed into the ground. The explosives used for blasting, a combination of diesel fuel and ammonium nitrate, can also be introduced inside the pits. And during flood events, pollutants can get washed in, carrying chemicals like pesticides and herbicides, and septic tank effluent.”

Drewa says that the citizens groups will continue to advocate for common sense oversight and protections for the health and safety of neighboring residents and ranchers who have lived in the areas for years—and in some cases, decades. “This is not a done deal. We will continue to use every administrative and legal challenge available to defend our rights as citizens, oppose this dangerous quarry, and preserve our health, air, and water.”

Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

Published in December 26 New Braunfels Herald-Zeitung (subscription required)

As 2019 draws to a close, Preserve Our Hill Country Environment and Stop 3009 Vulcan Quarry are so grateful to all our supporters and volunteers in the ongoing battle against the huge, 1500-acre quarry planned by Vulcan Construction Materials between New Braunfels and Bulverde.

Over the past two years, with your help, our team has achieved many key accomplishments.

Vulcan has not started construction or operation of the proposed quarry.

We organized Comal County citizens to request a public meeting (over 500 attendees) and submit comments (over 1,000).

We trained citizens to request a contested case hearing and receive affected party status. We worked with the City of Bulverde and Comal ISD to pass resolutions both opposing the quarry and requesting affected party status in the hearing.

Hundreds of individual contributions enabled us to hire legal representation and expert witnesses to defend citizens, file legal briefs, and make written and oral arguments and responses throughout the contested case hearing process. We worked together with hundreds of neighbors to successfully convince the administrative law judge to expand the radius for affected parties to five miles.

We reached nearly 40,000 people through stop3009vulcanquarry.com and rallied support from over 4,000 Facebook followers and email subscribers.

We increased awareness of the proposed quarry and related aggregate mining issues through media coverage in the New Braunfels Herald-Zeitung, San Antonio Express-News, Austin American-Statesman, WOAI News 4 TV, Spectrum News TV, AM 550 KTSA, Texas Public Radio, Public Citizen, and many other outlets.

Our scientific analysis and grassroots efforts resulted in the installation and operation of two new TCEQ air quality monitors in our area, including the only particulate matter monitor in Comal County.

We are actively collaborating with numerous state legislators, school districts, and other grassroots organizations on legislation to implement some common-sense regulations for the over-aggressive aggregate industry.

We are optimistic about and look forward to working closely with the newly formed APO Interim Study Committee in the Texas House.

With a great deal of help from many of the partners mentioned above, we have made tremendous strides in bringing problems with quarries and the aggregate industry to the forefront in Texas.

This fight is not just a “not in my backyard” issue, but rather one that affects the entire Texas Hill Country as well as other areas of our great state. The rapid, poorly regulated growth of quarries, aggregate mines, and concrete, cement, and asphalt plants in Texas has created serious concerns for the health of citizens and protection of our natural resources.

Our urgent and primary goal is to stop the proposed Vulcan quarry that would stretch nearly three miles southwest from SH 46 and FM 3009.

But with aggregate companies owning over 25,000 acres in Comal County (over seven percent of the total county land area), we know this will not be the last proposed aggregate facility in Comal County.

As we continue the legal fight against Vulcan and TCEQ, we’ve come to realize that real change must be achieved at the legislative level.

Over the past couple of decades, Texas legislators, TCEQ, and industry lobbyists in Austin have slowly weakened and eliminated protections for citizens. We must turn this tide.

We are an all-volunteer group of neighbors. But fighting a huge out-of-state corporation like Vulcan and our permit-happy TCEQ requires expensive legal and scientific expertise. We are absolutely ready to continue this battle — but we can’t do it without YOUR help!

Please visit stop3009vulcanquarry.com to join hundreds of your neighbors who are already helping to protect our families and our beautiful Texas Hill Country.

David A. Drewa
Director of Communications
Stop 3009 Vulcan Quarry
Preserve Our Hill Country Environment

AUSTIN—Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek have filed a motion for rehearing their case in opposition to the air quality permit requested by Vulcan Construction Materials, LLC. The motion was filed with the State Office of Administrative Hearings (SOAH) on Monday by Frederick, Perales, Allmon & Rockwell, P.C., attorneys representing citizen groups comprising over 100 individuals and associations opposing the proposed quarry.

In June 2017, Vulcan submitted an air quality permit application to the Texas Commission on Environmental Quality (TCEQ) to construct and operate a rock crushing facility on 1500 acres in Comal County. Vulcan plans to convert the former cattle ranch (White Ranch) to an open-pit limestone and gravel mining operation stretching across nearly three miles of the Texas Hill Country, between Bulverde and New Braunfels.

Area residents are concerned about the carcinogenic air pollution, increased truck traffic, decreased property values, endangered water resources, and other impacts on the environment that would likely result from the location of this heavy industrial facility in a residential area populated by over 12,000 people.

A month ago, following the contested case hearing, TCEQ commissioners decided to grant the air quality permit to Vulcan. The motion for rehearing requests that TCEQ commissioners reconsider their permit decision.

In the motion, groups cite several reasons that TCEQ should reverse their permit approval:

• Failure to require or conduct a health effects review
• Failure to consider air pollution sources such as roads, mining and blasting operations, and product transport
• Failure to consider cumulative impact of pollution from certain existing aggregate plants in the area
• Failure to undertake a Best Available Control Technology analysis
• Failure to analyze health impact from diesel engine exhaust
• Allowing Vulcan to use “trade secret” excuse to hide from both TCEQ and citizens key core sample data used to model air contamination

The motion states that according to Texas law, TCEQ “may permit a facility only if the Commission finds no indication the facility will harm the public’s health and physical property.” But neither Vulcan nor TCEQ performed a health effects review when evaluating the permit application, claiming that this facility was exempt from that review.

TCEQ now has 30 days to act on the motion, which could result in a new SOAH hearing. Milann Guckian, president of Stop 3009 Vulcan Quarry, commented, “I’m hoping that Santa got my Christmas list this year: a new, fairer, and more favorable hearing was at the top!” However, in the event of an unfavorable decision, the groups will move to the next steps in the process: “We will continue to pursue all legal options available to block this facility, including the appeals process for the air permit, in order to protect the health of our families and our natural resources.”

In addition to obtaining an air quality permit, Vulcan must still submit a Water Pollution Abatement Plan (WPAP) to TCEQ. This is required since the proposed quarry is located entirely over the environmentally sensitive Edwards Aquifer recharge zone, the primary source of drinking water for over two million people. Vulcan has not yet submitted their WPAP, but area citizens and organizations are prepared to oppose this plan should it contain insufficient protections for our water quality and our water supply.

Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

November 20, 2019

Texas Commission on Environmental Quality

• 9:30 am
• 12100 Park 35 Circle, Room 201S, Building E, Austin, TX 78753
• Map & Directions

We need a big show of force in Austin next week. Let’s make sure the three TCEQ commissioners know not to mess with Comal County!

The proposed Comal County Vulcan quarry has been placed on the agenda for the TCEQ Commissioners’ meeting on Wednesday, November 20. The pending Vulcan air quality permit is the first item—and our portion of the meeting will likely be fairly quick. Our attorney will speak during our short time allotment. Citizens will not speak at this meeting, but we encourage everyone to register for the record (registration for the agenda begins at 8:45 am and continues until 9:30 am).

At this meeting, TCEQ commissioners will consider the proposed decision recommended in September by the SOAH administrative law judges. The TCEQ commission may choose to agree or disagree with the SOAH recommendation. They may render a decision at this meeting or may delay the decision until a future date.

AUSTIN—State Office of Administrative Hearings administrative law judges Rebecca Smith and Victor Simonds rendered a long-awaited decision Tuesday morning in the contested case hearing against Vulcan Construction Materials. In June 2017, Vulcan submitted an air quality permit application to the Texas Commission on Environmental Quality (TCEQ) for a rock crusher at its proposed 1500-acre open-pit limestone quarry between Bulverde and New Braunfels.

In late 2018, over 100 individuals, groups, and associations, including Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, Harrison Ranch Group, Comal ISD, and Greater Edwards Aquifer Alliance, filed requests as affected parties opposing the facility. Area residents are concerned about the carcinogenic air pollution, increased truck traffic, decreased property values, endangered water resources, and other impacts on the environment that would likely result from the location of this heavy industrial facility in a residential area populated by over 12,000 people.

Grounds for opposition included highly questionable, cherry-picked core sample data provided by Vulcan and used to model air contamination this facility would produce; TCEQ’s use of air monitor data from 12 and 28 miles upwind of the proposed quarry location; the lack of any air quality data from Comal County; TCEQ’s failure to take into consideration any air pollution produced by quarry activities themselves—mining, blasting, product transfer, truck exhaust, etc. Stop 3009 Vulcan Quarry provided compelling evidence and supporting data on these issues.

Unfortunately, in their decision on Tuesday, the SOAH judges determined “that Vulcan has met its burden of proof” and recommended that TCEQ issue the draft permit. David Drewa, Stop 3009 Vulcan Quarry spokesperson, stated: “While this is certainly not the outcome we had hoped for in the contested case hearing, and we strongly disagree with their decision, the SOAH decision isn’t entirely unexpected, and this fight is far from over.”

Now that the SOAH judges have rendered a decision, focus now shifts to TCEQ commissioners Jon Niermann and Emily Lindley. Over the next several weeks, parties will file exceptions and replies to the decision. Then the TCEQ commissioners will decide whether to follow the SOAH recommendation and issue the draft air quality permit to Vulcan.

Assuming that TCEQ commissioners issue the permit, opposing parties then have 55 days to file a motion for reconsideration. Milann Guckian, president of Stop 3009 Vulcan Quarry, said that the group will now move along to the next step of the process: “Pending an unfavorable decision from TCEQ, we have every intention to file a motion for reconsideration. We will continue to pursue all legal options available to block this facility, including the appeals process for the air permit, in order to protect the health of our families and our natural resources.”

In addition to obtaining an air quality permit, Vulcan must also submit a Water Pollution Abatement Plan (WPAP) to TCEQ and receive approval. This is required since the proposed quarry is located entirely over the environmentally sensitive Edwards Aquifer recharge zone, the primary source of drinking water for over 1.7 million people. Vulcan has not yet submitted their WPAP, but area citizens and groups are prepared to oppose this plan should it contain insufficient protections for our water quality and our water supply.

Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

AUSTIN—The hearing on the merits against Vulcan Construction Materials ended early Tuesday afternoon. Approximately 80 people attended the two-day hearing, including Comal County residents currently living near the proposed quarry site, many of whom would share a fence line with the proposed 1500-acre open-pit mine. State Office of Administrative Hearing (SOAH) Administrative Law Judge Rebecca Smith presided over the hearing and will determine whether TCEQ should grant the air quality permit application.

During discovery, Vulcan refused to provide complete core sample data of the material they plan to crush, presenting only a single, self-selected sample. Therefore, residents living adjacent to the proposed site ordered a core sample to be taken on their own property—just 30 feet from one of Vulcan’s sampling locations—and had it tested by a certified laboratory (WJE Associates). On Monday morning, the judge admitted this core sample data into evidence. This sample shows crystalline silica (a carcinogenic contaminant) concentrations five times as high as the sample provided by Vulcan.

At the hearing, Vulcan employee Dr. Lori Eversull stated that Vulcan drilled and tested 41 core samples to determine the economic viability of the quarry. But when it came to air pollution modeling, they decided a single composite sample taken from three locations would be sufficient. On Monday afternoon, Dr. Eversull stated that they “had a sense” that these three would be adequate to form a “representative” sample and that core samples from most of the 38 other locations had been destroyed.

David Drewa, Director of Communications for Stop 3009 Vulcan Quarry commented: “The fact that Vulcan tested 41 core samples for economic reasons, but only presented a single, cherry-picked sample for pollution modeling is revealing: generating revenue is apparently far more important than protecting the health of nearby residents.”

TCEQ personnel stated that they used “nearby” air quality monitors to model background and cumulative air pollution. However, the monitors they used for this permit (Selma and Heritage Middle School) were located 12 miles and 28 miles upwind from the proposed quarry location. None of the modeling data in the permit included any air quality data from Comal County.

“The glaring lack of data from Comal County in modeling this quarry’s air pollution is disturbing considering that there are over 20 aggregate, concrete, and cement facilities in Comal County,” said Drewa.

TCEQ toxicologist Jong-Song Lee finally admitted, after several evasions, that health hazards like silicosis are directly related to the amount of crystalline silica emitted by all quarry operations (not just the rock crusher): “Yes, they could cause harm to human health and the environment.” Despite this clear health risk, TCEQ does not consider any air pollution from the quarry activities themselves—mining, blasting, product transfer, truck exhaust, etc.—the permit only covers and restricts pollution from the actual rock crusher.

Parties will now file written closing arguments and replies by early July. The SOAH judge plans to render a decision in this case by September 3, 2019. She could recommend complete denial, approval as is, or additional restrictions and requirements. Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek are confident that upon review of the evidence and facts of the matter, the judge will agree with our conclusion: this permit contains insufficient protections for area residents and our state’s natural resources. Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

AUSTIN—Next week, the crucial contested case hearing will take place to determine whether TCEQ should grant, deny, or add additional restrictions to the air quality permit application by Alabama-based Vulcan Construction Materials. Vulcan proposes construction of a 1500-acre limestone mine, quarry, and rock-crushing plant between Bulverde and New Braunfels.

This hearing (technically called a hearing on the merits) begins June 10 and is scheduled to last three days. Similar to a civil trial, it is conducted by the State Office of Administrative Hearings (SOAH). During the hearing, Administrative Law Judge Rebecca Smith will hear expert testimony and opposing legal arguments from both Vulcan and several protestant groups.

The legal contest began with a preliminary hearing in New Braunfels on March 6. Over 100 individuals, groups, and associations, including Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, Harrison Ranch Group, Comal ISD, and Greater Edwards Aquifer Alliance, were named affected parties and are participants in the contested case hearing.

Over the past few months, both sides have conducted depositions, made discovery requests, and produced documents. Unfortunately, Vulcan and its lawyers have continued to suppress core sample data and hide key pollution information from the citizens of Comal County, TCEQ, and SOAH. Furthermore, Vulcan is arguing that relevant data and expert testimony should be excluded from the hearing and not considered by SOAH.

Comal County citizens deserve to have all the facts. Vulcan should not be allowed to cherry pick the data and testimony they present to TCEQ. Next week, the groups opposing this permit, including Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek, will present clear evidence, scientific witnesses, and factual arguments stating that if this permit is granted, the facility could cause irreparable harm to the health and property of over 12,000 residents living nearby. Sitting atop the environmentally sensitive Edwards Aquifer Recharge Zone, the facility could also negatively affect the water supply that over two million people depend on. Unique geological and ecological features like the nearby Natural Bridge Caverns, Bracken Cave, and dozens of other caves in the area could also be impacted.

The hearing on the merits begins Monday, June 10, at 9:00 a.m. in the William P. Clements Office Building (Fourth Floor, 300 West 15^th Street, Austin, TX 78701). Following the hearing, parties will file and reply to written closing arguments. Possible outcomes of this contested case hearing include SOAH recommendations to deny the permit application, approve as is, or approve with additional restrictions and requirements. The SOAH judge plans to render a decision no later than September 3, 2019. Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

NEW BRAUNFELS—Over 100 individuals, groups, and associations, including Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, Greater Edwards Aquifer Alliance, and Comal ISD, are currently mounting a legal fight against Alabama-based Vulcan Construction Materials and the proposed 1500-acre quarry between Bulverde and New Braunfels.

This legal proceeding began with a preliminary hearing on March 6. Similar to a civil trial, this contested case hearing includes expert witness testimony, depositions, and discovery. Key to the case is the question of how much air pollution Vulcan will emit and how the pollutants produced by the rock crusher will affect the over 12,000 residents living nearby. Since Vulcan is not yet operating, TCEQ has no relevant air pollution data. Therefore, TCEQ relies entirely on air modeling to predict how much pollution Vulcan will produce. And those models are only as good as the data they are given.

Unfortunately, Vulcan’s own consultant actually runs the model, and TCEQ only audits that process. At least some of this data appears to have been cherry-picked by Vulcan to imply much lower levels of pollution than are realistic. Crystalline silica is a carcinogenic pollutant linked to lung disease, heart disease, silicosis, and other health problems. Vulcan claimed the composition of limestone they will be mining is only 0.2 percent silica. We know Vulcan extracted numerous core samples from the 1500-acre site. They submitted only a single sample analysis to support their claim.  This sample may have been a composite built from several separate samples, but even that is not clear.

Crystalline silica concentrations range from 2 to 18 percent in limestone from the area that neighbors have had tested. One sample was 49 percent crystalline silica.  A motion filed on May 3 by attorneys for Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry calls Vulcan’s claim “highly questionable” and states that “Vulcan’s assumed concentration of crystalline silica varies by an order of magnitude, or more, from the expected value.” The motion goes on to state that “the concentration of silica in the feed material could be 70 times that assumed by Vulcan.”

Comal County citizens deserve to have all the facts. They have a right to know how much pollution Vulcan will emit and by how much Vulcan will exceed safety limits established by the EPA and World Health Organization. As part of the contested case hearing, and because Vulcan presented highly suspect data to TCEQ, these citizens and groups have requested as part of their legal discovery the full set of core sample data obtained from the site.

Milann Guckian, president of Stop 3009 Vulcan Quarry stated, “Vulcan knows we know the information they used on the application is not reliable, and the crystalline silica amount is considerably more than what Vulcan cites.” Ms. Guckian says that if Vulcan had reliable evidence to support their claim, they would be more transparent.

Unfortunately, this out-of-state corporation and their lawyers continue to hide this information from the public and suppress the facts, claiming that the composition of limestone rock in the Texas Hill Country is a proprietary trade secret. The permit application would allow the rock crusher to emit over 95,000 pounds of particulate matter, nitrogen oxide, sulfur dioxide, carbon monoxide, and VOCs into the air annually. But without a full accounting of the facts, the actual amount of pollution this facility produces will likely be much higher than the permit allows.

An administrative judge at the State Office of Administrative Hearings will now decide whether to compel Vulcan to disclose the additional core sample data they possess. The hearing on the merits (i.e., trial) is currently scheduled for June 10-12. However, Vulcan’s continued obfuscation and suppression of key facts has forced Stop 3009 Vulcan Quarry to request a continuance, possibly pushing the trial into July. Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to the 1500-acre open-pit limestone quarry proposed by Vulcan Materials in a residential area of central Comal County, between Bulverde and New Braunfels.

June 10 – 11, 2019

William P. Clements Office Building

• Multi-day trial begins 9:00 am on Monday
• Fourth Floor
• 300 West 15th Street, Austin, TX 78701

Monday (June 10) Highlights

• About 70 people attended today’s hearing. We appreciate everyone who made the drive to Austin today to support the fight for our health and natural resources!

• Since Vulcan refused to provide full core sample data during discovery (presenting only a single self-selected sample), residents living adjacent to the proposed site ordered a rock core sample to be taken on their property—just 30 feet from one of Vulcan’s core sample drilling sites. The sample was tested by a certified lab (Wiss, Janney, Elstner Associates) and the results became available last Wednesday. At the start of the hearing, State Office of Administrative Hearings (SOAH) Administrative Law Judge Rebecca Smith granted our motion and admitted our core sample data. Among other things, our data shows crystalline silica content five times as high as the single (cherry-picked?) data sample provided by Vulcan.

• Vulcan witness Gary Nicholls claimed that certain pollution controls are impractical and unreasonable because Vulcan’s rock crusher is portable and can/will be moved. (This was in direct contradiction to what Vulcan implied, if not stated, at the March 6 SOAH preliminary hearing: that they would likely not be moving the crusher at all.)

• Vulcan witness David Knollhoff admitted that the air quality monitoring sensors used to model the estimated pollution (Selma and Heritage Middle School) were located 12 miles and 28 miles upwind from the proposed quarry location. None of the modeling data in the permit included any air quality data from Comal County. (This is important because Comal County hosts a disproportionately high amount of aggregate and concrete production activity. Over 25,000 acres—seven percent of all Comal County land is owned by aggregate companies. Eleven open-pit quarries/mines, 9 asphalt plants, 7 concrete batch plants, and two cement plants are located in or very near Comal County.)

• Vulcan witness Dr. Lori Eversull stated that Vulcan drilled core samples at 41 different locations on the property and tested material from all 41 of these locations to determine the economic viability of the quarry. But when it came to air pollution modeling, they decided a single sample from three boring locations would be enough. Dr. Eversull stated that they “had a sense” that these three would be adequate to form a “representative” sample and that core samples from most of the 38 other locations had been destroyed. Our attorney made a motion for continuance (delaying the remainder of the hearing) since Dr. Eversull’s testimony relied extensively on materials and documents not presented in discovery. The judge denied the motion.

Tuesday (June 11) Highlights & What’s Next

• About 50 people attended Tuesday, including some new attendees who could not be present Monday.

• Joel Stanford, of TCEQ’s Air Permits Division, who reviewed and validated the permit as technically correct and administratively complete, stated that fence line air monitors would not be effective in determining the amount of pollution Vulcan emits because the traffic, BBQ smoke, agricultural residue, and “Mongolian” dust would skew the results.

• TCEQ toxicologist Jong-Song Lee finally admitted, after several evasions, that health hazards like silicosis are directly related to the amount of crystalline silica emitted by all quarry operations (not just the rock crusher): “Yes, they could cause harm to human health and the environment.” Despite this clear health risk, TCEQ does not consider any air pollution from the quarry activities themselves—mining, blasting, product transfer, truck exhaust, etc.—the permit only covers and restricts pollution from the actual rock crusher.

• Parties will now file written closing arguments and replies by early July. The SOAH judge plans to render a decision in this case by September 3, 2019. She could recommend complete denial, approval as is, or additional restrictions and requirements. Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek are confident that upon review of the evidence and facts of the matter, the judge will agree with our conclusion: this permit contains insufficient protections for area residents and our state’s natural resources.

• Our live stream videos are available on the Videos tab of our Facebook page (apologies for the poor quality).

About the Hearing on the Merits

The courtroom hearing on the merits (i.e., trial) portion of the contested case hearing is currently scheduled for June 10-12. We need to pack the courtroom just like we did on March 6 in New Braunfels. Our quality of life, health, and natural resources are on the line. All affected parties should be present at the hearing. Contributors, those not named an affected person, and interested members of general public are encouraged to attend as well.

The contested case hearing on the merits will be a legal proceeding similar to a civil trial in state district court. The hearing 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 State Office of Administrative Hearings judge may consider additional issues as well.

Arguments and motions during the hearing will be made by our legal team and attorneys for the other parties. Expert witnesses in air modeling, toxicology, and geology will likely be called and examined by both sides. Unless you have been summoned to testify, you will not need to speak or participate. Currently we expect most affected individuals will NOT be called to testify and will not need to speak at all. However, your presence in the courtroom is vital—especially if you are a named affected person.

Legal Documents

If you desire to read any of the legal documents and motions that have been filed, visit the SOAH portal here. Click the green Public Case File Search button.

At the Hearing

• Plan to arrive 30 minutes early to park, locate the courtroom, and get a seat.
• 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.

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

NEW BRAUNFELS—On March 6, nearly 200 concerned Comal County citizens filled the courthouse in New Braunfels to capacity. Rebecca Smith, an administrative law judge with The Texas State Office of Administrative Hearings (SOAH) steadfastly listened to a multitude of area residents passionately list personal and medical concerns from possible exposure to and inhalation of microscopic particulate matter generated by limestone quarrying and processing.

Despite Vulcan’s own press release just 24 hours earlier stating that they will be a good neighbor, it was highlighted repeatedly that TCEQ’s draft permitting process and Vulcan’s claims that it will follow the regulations, were not sufficient to ensure citizens’ short- and long-term health and well-being, quality of life, enjoyment of personal property, and minimization of environmental impacts over the Edwards Aquifer Recharge Zone, including water sufficiency.

In the initial stages of the preliminary hearing, the judge quickly garnered agreement from all legal representatives that any resident who spoke at the preliminary hearing and lived within a two-mile radius of the rock crusher would be named an affected party.

Those citizens outside the two-mile radius were then asked to verbally attest before the judge their own reasons as to why they too should have affected party status. Citizen after citizen bravely stood up, including physicians, professional engineers, geologists, and many active and retired military service men and women, who sought refuge in Comal County due to clean and abundant water as well as non-polluted air which ensures them an active life-style and enjoyment of outside activities.

One such commenter, Keith Randolph, PhD, a retired military veteran and experimental pathologist, who moved to Comal County just over 18 months ago stated,  “Current studies suggest Comal County citizens are already at risk of over-exposure to respirable particulate matter (PM).”

Randolph added, “Currently, exposure of Comal County residents to PM from a proposed industrial limestone processing facility such as the proposed Vulcan rock crusher is estimated by TCEQ based upon mathematical modeling estimates. In Comal County these modeling methods do not take into consideration any actual measurement of PM in the air as currently TCEQ does not have air sampling stations for this purpose in the County. They rely on assumed air modeling estimates.”

Shortly after a break for lunch, Judge Smith announced that those citizens who had earlier testified had merit to be granted affected party status. She furthermore expanded the radius to five miles from the crusher to address citizens’ concerns that the permit application was for a portable crusher for which neither the TCEQ nor Vulcan could guarantee that citizens would be notified publicly of such a move or not be affected by such a move.

The judge granted party status to the following groups: Comal ISD, Stop 3009 Vulcan Quarry/Friends of Dry Comal Creek, Harrison Ranch Group, Greater Edwards Aquifer (GEAA), and Smithson Valley Heritage Oaks HOA.

“We are very pleased with the fairness and patience demonstrated by the ALJ today,” stated Sabrina Houser-Amaya. “The next 180 days will go by quickly in terms of identifying and deposing expert witnesses, and other legal activities leading up the contested case hearing, which we expect to occur in mid-June. Once we receive the final timeline we will be posting, as all the persons named affected parties are encouraged to attend the contested case hearing. We will also be hosting a community education meeting so as keep everyone up to speed with our legal efforts,” stated Houser-Amaya.

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Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to Vulcan Material’s proposed 1500-acre open-pit rock quarry in a residential area of central Comal County, between Bulverde, Spring Branch, Garden Ridge, and New Braunfels.

Now What Happens?

It will be approximately 180 days before the judge renders a decision in the matter. But now that the six-month legal fight has begun, fundraising for legal fees and scientific experts is critical.

Were You Named an Affected Party?

On Wednesday, the judge instructed individuals who are named affected parties to align with a group. (The judge’s written order listing all affected parties is available here.)

Alignment with Us

Stop 3009 Vulcan Quarry/Friends of Dry Comal Creek is represented by a leading environmental law firm, Frederick, Perales, Allmon & Rockwell, who will be building the case, writing briefs, conducting discovery and deposition on the applicant, organizing expert testimony, documents, and more. Aligning with our group allows you to remain involved as a named affected party—and at a much lower cost to you in time and dollars.

Important to Know

Our attorney represents our group as a whole—not any one individual. Cost for legal representation and scientific experts in the six-month contested case hearing is estimated at $150,000. So far, we have raised over $30,000 and invested over 10,000 volunteer hours.

Not Named an Affected Party?

If you couldn’t make the meeting on Wednesday, you aren’t an officially named party—even though you are sure to be affected by Vulcan’s quarry! But you can stay in the game by becoming a contributor. We will carry on the fight for you—but we need your help!

How to Contribute

The minimum contribution to align or become a contributor is $500 per household.

To contribute by check (no credit card fees), make your check payable to and mail to: Stop 3009 Vulcan Quarry, P. O. Box 310431, New Braunfels, TX 78131.

To contribute by credit card online (fees are deducted), click here.

To inquire about a payment plan, please contact stop3009vulcanquarry@gmail.com.

March 6, 2019

Thanks to the nearly 200 well-informed, passionate Comal County citizens who took time in the middle of a busy weekday morning to make their presence known at the SOAH Preliminary Hearing!

We were pleased that the administrative law judge, Rebecca Smith, granted affected party status to all who requested it—approximately 80 additional households representing around 200 individuals—some of whom live nearly five miles from the proposed quarry. Most of these individuals have chosen to align with Stop 3009 Vulcan Quarry/Friends of Dry Comal Creek and are contributing to the fund for legal representation.

Comal ISD and one other group (Harrison) were also granted affected party status. We’ll be providing updates via Facebook and email in the upcoming weeks and months. It will be approximately six months before the judge renders a decision in the matter. But now that the legal fight has begun, fundraising for legal fees and scientific experts is critical. Please make plans to attend our fundraising dinner and auction on March 29. We sincerely appreciate your support!

We absolutely cannot do this without YOUR help!

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Comal County Courthouse

• 9:00 am
• Arrive 30 minutes early to allow for parking and registration
• Main Courtroom, Second Floor
• 100 Main Plaza, New Braunfels, TX 78130

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. Everyone can (and should!) 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 register anyway, request affected party status, and tell the judge 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. Most testimony at this preliminary hearing will likely be oral, but written documents will help you prepare and serve as references as you address the court.

Make sure you are adequately prepared to request affected party status. Feel free to use our documents and resources to do so. However, if you aren’t able to develop a comprehensive, detailed case, please don’t give up: use our easy guide. 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.

At the Hearing

• The courtroom will be crowded: arrive 30 minutes early to register and get a seat.
• Most testimony will probably be oral, but bring three or four copies of any documents or evidence you wish to present to the judge.
• 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.

Frequently Asked Questions

1. I just found out about the planned quarry. Where do I start?
Reviewing resources from our January 30 meeting is the best place to start if you are new to this fight. We have guides, templates, samples, instructions, presentation documents, other helpful resources, and videos of the meeting itself.

2. I already requested (and was denied) affected party status. Why try again?
Even if Vulcan and TCEQ have said in the past that you are not an affected person, that no longer matters—the decision is not up to them! The SOAH Administrative Law Judge will make a final decision on March 6 as to your affected person status. This is why it’s so important to show up on March 6! If you aren’t there, you will automatically be excluded. But if you are there and make your request, the judge may very well grant you affected person status.

3. Do I need to mail any paperwork or submit anything to TCEQ online?
No. You do not need to submit anything prior to (or even on) March 6. But having a written document to reference—even something simple—will be helpful when orally presenting your affected party request to the judge or answering the specific questions that the court may have for you. If you already submitted a contested case hearing request a few months ago, that paperwork would be very helpful to have on hand.

4. I’m so overwhelmed/confused/busy. Maybe I’ll just sit this one out.
Please don’t give up! This hearing is critically important. If you really can’t develop a comprehensive, detailed argument, that’s OK. Please show up, register, and use our easy guide as your reference.

5. I can’t make it on March 6. Can someone else speak for me?
We strongly recommend you postpone or cancel any previous engagements that you have for the morning of March 6. However, if you absolutely cannot, you should create a sworn, notarized affidavit authorizing this person to represent you. This is unusual and should only be used in extenuating circumstances since your representative may be asked questions about you and your unique circumstances. In this case, it could be helpful to have a more comprehensive written document that your representative can submit or read from on your behalf.

6. 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.)

January 30, 2019

Presentation & Documents

You do NOT need to mail in or re-submit online any template or request. We are providing these documents to guide you and for easy reference at the SOAH hearing on March 6.

Questions? Check out our FAQ

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

Video

Bulverde Spring Branch Activity Center

• 6:30 – 8:00 pm (check in at 6:00 pm)
• 30280 Cougar Bend, Bulverde, TX 78163

Were you denied affected person status by TCEQ? Maybe you live more than one mile away from the proposed Vulcan rock crusher site? You have ONE LAST CHANCE to make your case.

On December 12, the TCEQ Commissioners granted the Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry “affected person” status, but failed to recognize many others. Join us to learn about the next steps you can take when addressing the Administrative Law Judge during the State Office of Administrative Hearing. YES—you get another bite at the apple, but you must do it in person!

We will outline the next steps, time lines, legal implications and discuss how as a community, we need to coalesce and continue to Stop 3009 Vulcan Quarry.

Top Reasons to Attend

1. News updates and recent developments on proposed Vulcan quarry.

2. Learn the benefits of receiving “affected person” status.

AUSTIN—On December 12, the TCEQ commissioners took up review of the application by Vulcan Construction Materials, LLC for air quality permit 147392L001. (Docket 2018-1303-AIR)

Within 30 minutes of the start of the meeting, the commissioners had affirmed the following:

1. That the permit application would be referred to the State Office of Administrative Hearings (SOAH).
2. That eleven property owners within a one-mile radius of the rock crusher and the following associations are named affected persons: Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, and the Smithson Valley Heritage Oaks POA.
3. That the following issues should be referred to SOAH for more detailed review and discovery (pages 199-217):
   • Issue A: Whether the proposed plant will negatively affect human health, including sensitive subgroups, and physical property.
   • Issue B: Whether the conditions in proposed permit will adequately protect against dust emissions from the proposed plant, including during periods of high winds.
   • Issue C: Whether cumulative impacts of existing sources were properly considered.
   • Issue D: Whether the controls in the proposed permit constitute Best Available Control Technology (BACT).
   • Issue E: Whether the proposed facility will adversely affect wildlife, vegetation, flora and fauna.
   • Issue F: Whether the proposed operating hours of the rock crusher ensure that there will be no adverse impacts to human health, welfare, and the environment.
   • Issue G: Whether the air quality modeling conducted as part of this application adequately incorporated the local prevailing winds.
   • Issue H: Whether the Applicant complied with TCEQ’s public notice requirements related to sign-posting and newspaper notice.
   • Issue I: Whether the proposed permit contains adequate monitoring and record keeping requirements to ensure compliance with all applicable rules and requirements.
   • Issue J: Whether emissions from on-site diesel engines are adequately calculated and adequately controlled.
   • Issue K: Whether an adequate site review was conducted for this application.
   • Issue L: Whether the background concentrations used in the air dispersion modeling are representative of the proposed location of the plant.
   • Issue M: Whether emissions from maintenance, start-up, and shutdown activities are adequately addressed in the proposed permit.
   • Issue N: Whether chemical dust suppressant is safe to use as a control for emissions from the proposed plant.
   • Issue O: Whether emissions of silica from the proposed plant will negatively impact human health and welfare.
   • Issue P: Whether the proposed permit conditions, including emissions limitations, are enforceable.
   • Issue Q: Whether the permit application, and associated air dispersion modeling, included and properly evaluated all applicable emissions.
   • Issue R: Whether site specific monitoring data should have been used in the air dispersion modeling conducted for this application.
   • Issue S: Whether the applicant’s compliance history precludes issuance of the draft permit or necessitates additional special conditions in the draft permit.

“We are pleased that the commissioners acknowledged, via their decisions today, that this permit application needs a more thorough legal review and discovery of the applicant’s actions including but not limited to the quality and validity of the site review, proper and timely public notification, report or lack thereof of cumulative impacts of toxic air emissions, air and water compliance history, and most notably, whether the applicant’s air dispersion modeling properly and credibly evaluated all applicable emissions,” stated Sabrina Houser-Amaya, spokesperson for Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry.

“Our primary concern remains that the TCEQ commissioners maintained the arbitrary one-mile radius with which to name affected parties,” said Houser-Amaya. “The unfortunate aspect of this arbitrary radius is that it forgoes the realistic aspects that it presupposes fugitive carcinogenic particles of PM 2.5 or less will not travel beyond a one-mile radius.”

The commissioners’ decision follows the same responses filed in the November 19 Response to Hearing Request documents whereby both the TCEQ and Vulcan issued arbitrary and capricious one-mile radius limitations. The Office of Public Interest Council (OPIC) expanded their arbitrary radius to two miles from the crusher, thus adding an additional 39 persons (47 in all). As such, TCEQ and Vulcan only named five percent of the filers to be affected parties, while OPIC named less than approximately 45 percent. When we contacted OPIC to understand how and why these arbitrary radii were selected without any supporting law, code, enactment or scientific data, the response was, “these radius selections are historical agency decisions and a matter of custom.”

So, while Comal County citizens are required to provide burden of proof as to why they may be an affected party based on facts of law, the TECQ, Vulcan, and OPIC appear to not to have to follow suit! See 30 TAC 55.203 (2)…distance restrictions or other limitations imposed by law on the affected interest.

Unfortunately, the TCEQ commissioners did not address their arbitrary one-mile radius limitation.

The next steps for citizens will be to attend the SOAH Preliminary Hearing which will take place at the Comal County Courthouse on March 6. Attendance is mandatory for those that have not been named an affected person since they are offered one last opportunity to present their case to the Administrative Law Judge (ALJ). A notice letter will be going out giving persons a 30-day notice of this upcoming preliminary hearing.

Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry will be hosting another community education meeting in January to more clearly identify the next steps and timelines.

What happens at a SOAH Preliminary Hearing?

If TCEQ refers a permit application to SOAH, the process generally begins with a preliminary hearing. At the preliminary hearing, the ALJ names the parties to the hearing, issues an order setting the discovery and procedural schedule for the case, and gives the parties an opportunity to discuss settlement. At this hearing, the ALJ has the authority to designate affected persons—even if that individual or group was initially denied by TCEQ. To be designated as a party, you or your representative must appear at the preliminary hearing. You will generally be expected to attend so you can explain how you are affected by the application in a way that is different from the general public. The ALJ will probably suggest that affected parties align and select one person to be their representative for the administrative process. Other participants in the process will normally include the TCEQ Executive Director, OPIC, and the applicant.

What Happens During a SOAH Contested Case Hearing?

Unlike the comment hearings before a city council, county commissioners’ court, or the state legislature, the contested case hearing process involves a trial before an ALJ employed by the SOAH. Witnesses testify under oath and are subject to cross examination by opposing parties. The process often involves discovery, depositions, and other steps common to trials in court. Attorneys and expert witnesses are almost always employed by applicants and, often, by permit opponents.

Video

Since the Summer 2017, landowners abutting the White Ranch (SH46 @ FM3009), as well as residents within a 5-mile radius of the 1,500-acre site have actively protested and challenged Vulcan Construction Materials (VCM) air permit application to the Texas Commission on Environmental Quality (TCEQ) for a rock crushing plant at this location.

“It’s apparent that people are concerned about this quarry being ‘helicoptered’ into our pristine Hill Country.”  stated Sabrina Houser Amaya, spokesperson for Friends of Dry Comal Creek/Stop 3009 Vulcan Quarry. The property in question was owned by long-term Comal County resident, Eric W. White who for several years attempted to sell the property to residential developers – all who walked away due to lack of water. VCM acquired the property by using a ‘shell’ corporation, Blue Pines Holdings (property ID 81927), to purchase the land from Mr. White.  To date, Blue Pine Holdings is the deed owner of the property in the Comal Appraisal District database. “Our understanding is that only upon closing did Mr. White learn of the land’s intended use” stated Houser-Amaya.

Local Comal County citizens are very concerned about this carcinogenic generating industrial complex being situated among 12,000+ residents within 5-miles. Unfortunately, the Comal County Commissioners have repeatedly used the Teflon shield and mantra of “we have no tools in our toolbox”.  Despite many discussions and communications with Mayor Casteel and County Commissioners on the various options available to them (issuing a moratorium, initiating a 391 Commission, and/or actively participating as an ‘affected party”), residents have been stonewalled.  Mayor Carter Casteel has stated that he’s not willing to spend any monies to support legally or otherwise an ‘affected party’ status for the County.  Commissioner Haag stated “the county does not have the legal standing to be considered an affected party” yet the Office of Public Interest Council (OPIC) recommended the County as an affected party.  Notwithstanding the lack of elected officials’ support, many Comal County citizens named as ‘affected parties’ will spend their own monies to legally defend against this permit.

To date, there is a substantial amount of concern by area residents. Over 700 unique people submitted requests for a public meeting which was held February 27, 2018. On this date, over 500 persons were in attendance, and approximately 75 persons made 3-minute oral comments for the public record stating their concerns about the proposed quarry.  On September 14, TCEQ issued a Response to Comments (RTC), and gave until October 15^th for persons to reply to the RTC and request a Contested Case Hearing (CCH) with Affected Party (AP) status. Over 100 unique individuals made these requests by the deadline.  TCEQ Commissioners then gave the Executive Director of TCEQ (ED), OPIC and the Applicant (VCM) until November 19 to respond.  TCEQ and VCM responded with arbitrary and capricious 1-mile radius limitations, thus identifying only eight (8) unique parties as affected persons out of over 100 people who filed.  OPIC expanded their arbitrary radius to 2-miles from the crusher, thus adding an additional 39 persons (47 in all).  As such, TCEQ and Vulcan only named 5% of the filers to be affected parties, while OPIC named less than approximately 45%. When we contacted OPIC to understand the ‘how and why’ these arbitrary radius’ were selected without any supporting law, code, enactment or scientific data, the response was, “these radius selections are historical agency decisions and a matter of custom.”

So, while Comal County citizens are required to provide ‘burden of proof’ as to why they may be an “affected party” based on facts of law, the TECQ, Vulcan, and OPIC appear to not to have to follow suit! See 30 TAC 55.203 (2)…  distance restrictions or other limitations imposed by law on the affected interest;

By December 3 @ 5 p.m., those individuals not ‘recommended’ as affected party by TCEQ, Vulcan or OPIC, had to file a ‘reply brief’ again proving by fact of law as to why they should be named an ‘affected party”.  These ‘reply briefs’ will be reviewed and “affected party” status’ will be determined by TCEQ Commissioners and released at their December 12 Public Meeting.

On this date, the TCEQ Commissioners will: 1.) Determine whether the permit application should be referred as a Contested Case Hearing to the State Office of Administrative Hearings (SOAH); 2.) Determine those who will be named ‘affected parties”; and 3.) Determine which issues SOAH should consider. At present, the TCEQ ED has recommended 20 distinct issues to be referred to SOAH.

On 12/12/18, Friends of Dry Comal Creek/Stop 3009 Vulcan Quarry concerned citizens will be carpooling from Walmart (IH35 @ Walnut St in New Braunfels) to the TCEQ campus. We will be leaving at 7:30 a.m.  For those who do not wish to carpool or drive, we have arranged for a 15-passenger bus to take persons to the TCEQ campus for $45 per person.  For this bus to make the trip, we must have a minimum of 8 prepaid persons. If you are interested in the bus, please contact us at stop3009vulcanquarry@gmail.com.

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.

Our next step in the fight against the planned Vulcan quarry is the upcoming contested case hearing. This is a legal process similar to a civil trial that allows affected parties to present how the proposed quarry will harm their health, property, or natural resources. Residents, landowners, organizations, counties, cities, and school districts may submit hearing requests.

We recommend that everyone within a five-mile radius of the proposed quarry site submit a hearing request and request to be named an affected person. For families, we suggest a separate hearing request for each person in your household, including children.

Submit Your Hearing Request & Be Named an Affected Person

TCEQ Documents

August 23 Presentation & Documents

Free Assistance

Need help preparing your hearing request, or want someone to review it? Email us at stop3009vulcanquarry@gmail.com or message us on Facebook. We’ll also be providing in-person assistance at our Fall Yard Sale & Market on Saturday, September 29. (We are not attorneys and any information we provide should not be considered legal advice. Please consult an attorney for legal counsel.)

Consider Legal Options

• Go it alone—represent yourself (not recommended)
• Hire your own attorney
• Join Friends of Dry Comal Creek, represented by the law firm of Frederick, Perales, Allmon & Rockwell. Anticipated legal costs are approximately $200,000. Initial contribution for representation is $1000 per household, but additional future contributions will likely be required. Contact us at stop3009vulcanquarry@gmail.com for questions or to join our group for legal representation.

Send Now!

We are now in the 30-day window to submit hearing requests. The deadline is October 15, 2018. Do not wait until the last minute to submit your hearing request!

You may submit your hearing request by mail, online, or both. We recommend submitting both by mail and online to avoid any potential technical errors or delays.

Submitting by Mail

Bridget C. Bohac, Chief Clerk
TCEQ, MC-105
P.O. Box 13087
Austin, Texas 78711-3087

Submitting Online

1. Go to https://www.tceq.texas.gov/agency/decisions/cc/comments.html
2. Click the Comment Online button
3. In the Permit Number box, enter 147392L001, then click Next
4. Complete the comment form
5. Click Submit to TCEQ and wait to make sure your submission is successful

Confirm

Follow our Accessing Public Comments instructions. Make sure your request is listed and the Correspondence Type column reads Hearing Request.

NEW BRAUNFELS—In a resounding 7-0 vote, the Comal ISD Board of Trustees approved a resolution supporting area residents and communities, echoing their concerns about the proposed Vulcan quarry, and directing the school administration to file for a contested case hearing.

At their regular board meeting, held Tuesday evening, trustees stated that the planned quarry was “very, very much a concern” and that there was a “persuasive argument” to be made against it.

School Board President Cody Mueller pointed out that in contrast to other quarries in Comal County, in place before residential developments arrived, this new quarry is planned for an area where thousands of people already live: “This is quite different in the fact that it’s being dropped in the middle—in the heart—of the community. Requesting the contested case hearing allows us the opportunity to ask the right questions regarding safety, security, and health impacts that could be a potential effect to our school district and our campuses.”

R. Keith Randolph, PhD, a Comal County biomedical scientist, and one of the many residents in attendance supporting the resolution, elaborated on these concerns. “Additional quarrying industry expansion holds potential to pollute our air and water if insufficiently monitored and poorly regulated. If unchecked, there could be unrecoverable damage to our landscape and the health of those that live here.”

Last December, the school board failed (on a 3-3 vote, with one abstention) to pass a resolution opposing the planned Vulcan quarry. Mueller stated that although the school board doesn’t typically reconsider agenda items, three factors put the quarry resolution back in play: the election of two new trustees, new information received on the issue since December, and the request by two board members to add it to the meeting agenda.

Steve Stanford, Executive Director of Communications and Governmental Relations for Comal Independent School District, described this resolution as similar to the resolution presented in December but containing one notable difference: “This resolution would direct the administration to file for a contested case hearing at the appropriate time.”

Mueller spoke with TCEQ regarding the contested case hearing, and TCEQ informed him that following the issuance of their response to comments on the quarry permit application, a 30-day window would be open for hearing requests. According to Mueller, “That’s when we would have our opportunity to file for a contested case hearing.”

School Board Secretary Jason York expressed his appreciation to the residents in attendance: “Your voice has been heard.” York applauded the efforts of citizens to communicate with the board and provide information about the proposed Comal County quarry.

TCEQ will issue a response to comments (RTC) on Vulcan’s permit application soon—probably sometime this summer. Following TCEQ’s response, residents, landowners, organizations, counties, cities, and school districts will have 30 days to formally request a contested case hearing as an affected party. In the upcoming weeks, we will be providing detailed information on exactly how to file for affected party status in this matter.

Stay informed by visiting www.stop3009vulcanquarry.com and following our Facebook page for news updates on the increasing opposition toward the 1500-acre quarry planned between Bulverde and New Braunfels.

Comal ISD Resolution Concerning TCEQ Air Quality Permit Number 147392L001

Video

• Board discussion starts at 2:18:15
• Vote takes place at 2:24:14

On June 12, the City of Bulverde unanimously passed a resolution reiterating its opposition to the proposed Comal County Vulcan quarry, stating its intention to directly request a contested case hearing with the City as an affected party, and submitting to TCEQ formal recommendations for tighter permit restrictions and requirements.

City of Bulverde Resolution No. 305

We are grateful to Mayor Bill Krawietz and the Bulverde City Council for standing with and supporting their constituents and area residents in the fight to protect our health, safety, and the natural resources of our beautiful Hill Country!

May 24, 2018

Vintage Oaks Amenity Center (Wine Room)

• 6:30 pm
• 1250 Via Principale, New Braunfels, TX 78132

Help preserve your Vintage Oaks quality of life by knowing the facts about the proposed 3009 Vulcan quarry in Comal County. We are offering a free informational session to all Vintage Oaks residents to share with you the facts and next steps, and to address health and safety concerns regarding the proposed Vulcan quarry between New Braunfels and Bulverde.

This public forum will provide residents with information about what measures they and their elected officials can take to preserve our beloved Hill Country.

Continued Weakness from Commissioners Court

On March 22, Commissioners Court once again let down citizens of Comal County by failing to pass a meaningful, effective resolution in response to the 1500-acre Vulcan Construction Materials quarry proposed between Bulverde and New Braunfels.

Despite numerous requests from citizens to table the vote until constituent input could be incorporated and stronger language added to the resolution, commissioners voted 5-0 to pass the resolution as drafted. By passing this ineffective resolution, commissioners continue to side with an out-of-state corporation rather than the citizens they were elected to represent.

What’s Next?

In the wake of last week’s disappointing action from Commissioners Court, we will continue to reach out to the commissioners, urging them to stand up for their constituents by passing a new, more effective resolution which includes a Contested Case Hearing request; and to use the tools they do already have to protect Comal County citizens.

In the upcoming weeks (probably Summer 2018), TCEQ will issue an Response to Comments (RTC) and a decision on the Vulcan air quality permit application. This RTC will be mailed to everyone who submitted formal comments or spoke at the February 27 public meeting.

If the Vulcan permit is approved partially or entirely, TCEQ must afford the public the opportunity to respond to the permit approval by again filing online comments on the TCEQ website. Anyone responding must do so by claiming they are an affected party and providing sufficient details as to why they are an affected party. Respondents must also request a public hearing. Comments must be submitted within 30 days of newspaper publication of approval.

TCEQ will then decide who is an affected party. Affected parties will be given opportunity for Contested Case Hearing (CCH)—similar to a civil trial. The TCEQ commissioners will consider requests and either uphold the Executive Director’s decision, or refer to the SOAH (State Office of Administrative Hearings) judge for a decision.

How You Can Help

1. Continue contacting Judge Krause and all four Comal County commissioners urging them to work with their constituents to draft a strong, meaningful resolution. They should directly request a Contested Case Hearing like Kendall, Kerr, and Burnet counties have done in similar situations.
2. Contact Representative Biedermann and Senator Campbell. Urge them to begin working with Comal County commissioners to craft legislation that will give the County more authority to protect citizens against incompatible and harmful land uses (e.g., new quarries, concrete, and asphalt plants in residential areas).
3. Help us raise funds to fight the proposed quarry. We are an all-volunteer group of neighbors working together to protect our families and the beautiful Hill Country. But fighting a huge corporation like Vulcan requires legal and scientific expertise. Help fund legal representation for Comal County citizens by making a contribution. To meet our goal, we need 400 more donations of $200 each—but smaller amounts are welcome too!

NEW BRAUNFELS—Commissioners Court once again let down citizens of Comal County by failing to pass a meaningful, effective resolution in response to the 1500-acre Vulcan Construction Materials quarry proposed between Bulverde and New Braunfels.

During the 30-minute citizen comment period of this morning’s regular meeting, 13 people spoke, most urging commissioners to postpone a vote on the matter until stronger language, properly supporting their constituents could be added to the resolution.

Despite these requests, commissioners voted unanimously to pass the resolution as drafted, thereby failing to provide any meaningful support to the over 12,000 residents living within five miles of the proposed quarry site. By passing this ineffective resolution, commissioners continue to side with an out-of-state corporation rather than the citizens they were elected to represent.

Both the resolution text and the commissioners’ comments repeatedly cited the lack of authority and control counties have. While Comal County doesn’t have direct power through zoning or land use restrictions, the State of Texas grants counties various authorities and duties related to air, water, and public health.

Additionally, commissioners failed to include specific text that has been effective in defending citizens in similar situations—directly requesting a Contested Case Hearing from TCEQ.

During the public comment session, David Drewa stated that “other counties including Kendall, Kerr, and Burnet, have all directly requested Contested Case Hearings. So this is hardly an unprecedented action.” Drewa also cited Section 55.203 of TCEQ rules, which states that “governmental entities, including local governments and public agencies” may be considered affected persons.

Instead of using the power they do have, and working to craft language that would provide them more tools to protect the citizens of Comal County, commissioners continue to demur and merely lament their impotence. Representative Kyle Biedermann recently stated, “I’ve discussed the issue with our commissioners and told them that if they want local control of these things they need to work with my office and submit language changes they would like made in the law.”

Unfortunately, it appears that Commissioners Court is uninterested in making the effort to protect their citizens or developing the tools that will enable them to achieve more local control in the future. Commissioner Webb emailed a constituent that he had “no interest in doing a resolution purely for political purposes if it does no good other than to get people off our backs.” Yet commissioners went ahead and passed a hollow resolution that does nothing to support the citizens of Comal County.

Despite this disappointment, Stop 3009 Vulcan Quarry will continue to reach out to Commissioners Court, urging them to stand up for their constituents by passing a new, more effective resolution which includes a Contested Case Hearing request.

###

Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to Vulcan Material’s proposed 1500-acre open-pit rock quarry in a residential area of central Comal County, between Bulverde, Spring Branch, Garden Ridge, and New Braunfels.

Video 1

Introduction of resolution and citizen comments

• Introduction starts at 7:04
• Citizen comments start at 10:00

Video 2

Discussion by commissioners, vote on resolution

• Discussion starts at 0:23
• Motion and vote at 13:35

Published in March 22 New Braunfels Herald-Zeitung (subscription required)

I’m encouraged to hear the recent news that Commissioner Scott Haag plans to put forth a resolution opposing the proposed Comal County Vulcan quarry at the March 22 meeting of Commissioners Court.

A properly written resolution should request a Contested Case Hearing on TCEQ air quality permit application number 147392L001, and remind TCEQ that they are required to “give maximum consideration to local government’s recommendations” as specified in Section 382.112 of the Texas Health and Safety Code.

Passing a resolution with such language would provide some much-needed support to Comal County citizens and help defend them against the negative impacts of the proposed Vulcan quarry.

In September 2005, Kerr County Commissioners Court passed such a resolution opposing a similar rock-crushing facility near Center Point. Two days before the scheduled Contested Case Hearing, Wheatcraft, Inc. withdrew their application. Again in 2011, Kerr County supported their concerned citizens with an effective resolution, and again the applicant threw in the towel on their new quarry plans.

More recently, Burnet County and Kendall County formalized opposition to and requested Contested Case Hearings on proposed quarries and cement plants. While the final outcome of these cases is far from certain, it’s clear that with their elected county officials firmly and publicly behind them, the citizens of Burnet and Kendall counties have a much better shot at protecting their health, property values, and natural resources.

I realize counties don’t have much direct power through zoning or use restrictions, but the State of Texas does grant them various authorities and duties related to air, water, and public health. And while TCEQ is the agency tasked with evaluating and approving air quality permit applications, TCEQ has a poor track record of monitoring and enforcing compliance. Furthermore, ensuring Vulcan will not exceed air contamination limits will be impossible since there are no air quality monitors in Comal County.

To make matters worse, Vulcan Materials has repeatedly failed to abide by regulations and protect natural resources. While they talk a good game, in Texas alone over 80 formal complaints have been filed against Vulcan since 2002. Vulcan’s Loop 1604 plant has cited over 35 violations of air, storm water, and wastewater regulations during the past several years.

Even if Vulcan checks all of TCEQ’s boxes, this doesn’t mean they should be allowed to move forward with the project as described in the current permit application. We know from history that just because something is legal doesn’t mean it’s right.

Recently I’ve been reading my six-year-old son a series of books by Brad Meltzer—stories about ordinary people who helped change the world. Whether reading about Rosa Parks or Neil Armstrong, one theme stood out: just because something is a long shot doesn’t mean we shouldn’t try.

TCEQ’s tendency to ignore local government in the past is hardly reason to throw up the white flag immediately. It’s time for Commissioners Court to take action. Stand with the concerned citizens of Comal County who will most certainly be affected parties. Support the over 500 citizens who showed up and more than 50 people who spoke against this quarry at the recent public meeting.

Please do this by passing a meaningful resolution requesting a Contested Case Hearing and admonishing the TCEQ to give maximum consideration to our local county government.

I look forward to future action by Commissioners Court.

David A. Drewa
Bulverde

Comal County residents turned out in large numbers at Tuesday night’s TCEQ Public Meeting in New Braunfels. Dozens of citizens spoke out against Vulcan and urged TCEQ commissioners to deny the pending permit application for the planned 1500-acre gravel quarry between Bulverde and New Braunfels.

Video 1

Introduction, presentation by Vulcan, informal discussion period

• Actual meeting starts at 3:50
• Informal questions and comments start at 30:20

Video 2

Formal comment period

• First comment starts at 4:45

NEW BRAUNFELS—Comal County residents are turning out to an official public meeting this coming Tuesday to confront plans to build a massive limestone quarry in their beloved Hill Country community. The meeting was called by the Texas Commission on Environmental Quality (TCEQ) and follows sustained and substantial outcry from neighbors in the area between Bulverde and New Braunfels where controversial operator Vulcan Materials plans to build a 1,500-acre—2.4 square mile—site in the middle of a residential community.

“This is a quiet, residential Hill Country community and we do not want our land, water and air contaminated for the next 80 years—our kids deserve better,” Sabrina Houser-Amaya, a leader of the Stop 3009 Vulcan Quarry campaign said. “If our state environmental agency does what is best for the environment and for area property owners there is no way that TCEQ should allow this facility to be built.” She adds, “Despite the claims from Vulcan Materials that they will be a ‘good neighbor,’ how can you be a good neighbor when you pollute the air with carcinogenic dust and place a quarry directly over the Edwards Recharge Zone thus affecting groundwater quality and quantity to Comal and Bexar County residents? Vulcan Materials states that this quarry will have an 80-year life expectancy.”

“Having lived downwind from a Vulcan quarry in Bexar County, I’ve seen first-hand the fundamental failure of TCEQ’s oversight to Vulcan’s violations, going back decades,” says Krystal Henagan, Texas Field Consultant for Moms Clean Air Force. “History shows us two things: Vulcan’s poor performance history at other facilities should make us fundamentally question their ability to meet the permit conditions of this latest quarry venture. And unfortunately, we can’t be assured that our state environmental agency will hold them accountable if and when they are in violation. This has real-life consequences and victims: our children. Nationally, 1 in 12 children have asthma; here, it’s 1 in 7, the highest rate in the state. My son is one of those children. Our state’s weak oversight makes it hard to protect him from the air pollution that makes his asthma worse. My son and all children in our region deserve better.”

WHAT: TCEQ Public Meeting re proposed Vulcan Materials quarry in Comal County

WHEN: Tuesday, February 27, 2018 at 7:00 pm

WHERE: New Braunfels Civic Convention Center, 375 S. Castell Ave., New Braunfels, TX 78130

BACKGROUND: In 2017, Vulcan Materials applied for an air quality permit with TCEQ that will allow them to pollute the air near a proposed quarry stretching over 2.4 miles near SH 46 and FM 3009 in Comal County. More than 12,000 people live in the area, and the permit would allow round-the-clock blasting, mining, and crushing at the facility, producing substantial quality of life impacts as well as air, water, and light pollution. Seismic damage to nearby foundations and sensitive groundwater formations are also likely, as well as possible impact on Natural Bridge Caverns; animals at The Wildlife Ranch; bats at Bracken Bat Cave; and the endangered Golden Cheeked Warbler whose breeding grounds are all around this quarry site.

“We have invested our livelihoods into these homes and properties, and if they can come and wreck our homes they can do it to anybody,” Milann Guckian said. “They will dry up our wells, wash out our night time skies, damage our roads, harm our air, and create real problems for our air quality as this permit lays out. We need our public officials and the TCEQ to say NO to this ill-advised proposal.”

Vulcan Materials has been a controversial operator in other area sites, with over 80 formal complaints filed in Texas alone in the last 5 years and at least 35 permit violations identified at another San Antonio area operation. Medina County residents had their property seized through eminent domain in 2017 when Vulcan wanted to build a rail line to another facility. In addition to this, truck traffic to/from this quarry site promises to bring as many as 410 additional 18-wheeler truck trips a day across two-lane county roads. Per Houser-Amaya, “the roads which Vulcan will primarily traveling were not built to accommodate and are ill-equipped to handle the degree of increased volume and weight of 410 – 80,000 lb. trucks. Any road that Vulcan Materials uses, their trucks will be passing schools, increase travel time for residents and first responders, and to add insult to injury, Vulcan Materials is not required to foot the bill for repair. Those costs are borne by all the taxpayers.”

Residents have written hundreds of letters to TCEQ staff and area legislators who compelled the agency to call the February 27 meeting. Residents are concerned that the agency will rubber stamp the facility only to have the quarry attract more industrial uses to the area over time, including concrete batch plants, asphalt production, and other related processes.

“We cannot let this quarry be the camel’s nose under the tent in Comal County,” Houser-Amaya said. “If they put this in the middle of our beloved Hill Country no telling what will come next, and the quiet community we have worked so hard to build will be ruined. We need our public officials and TCEQ to look out for the public interest and reject this permit.”

###

Stop 3009 Vulcan Quarry is a grassroots-driven campaign opposed to Vulcan Material’s proposed 1500-acre open-pit rock quarry in a residential area of central Comal County, between Bulverde, Spring Branch, Garden Ridge, and New Braunfels.

• You will have only three minutes to speak.
• At the February 27 TCEQ public meeting, your comments must relate to air quality.
  • Try to personalize your message and communicate how you, your family, and your property will be negatively impacted by air contamination.
  • Feel free to discuss other impacts as long as you connect them to air quality. For example, increased truck traffic will create more air pollution; poor air quality will cause your property value to depreciate; your outdoor items will be constantly covered with dust; unique natural resources will be harmed; etc.
  • Mention Vulcan’s poor track record of following air quality regulations.
  • Request a public hearing.
• Practice and time your speech—three minutes goes by fast. Feel free to print/write your comments and simply read them at the meeting.
• You may bring and hand over any documents you wish to submit for the record. (They must be on 8 ½ x 11 paper.)
• Before the meeting submit the text of your speech/comments on TCEQ’s website (and upload any documents)—in case you aren’t able to speak for any reason.
• As soon as you arrive at the meeting, be sure to sign up to speak during the Formal Comment Period.

Thank you for joining the fight to protect our families and the Hill Country!

Tuesday, February 27 at 7:00pm

New Braunfels Civic Convention Center
375 S. Castell Ave.
New Braunfels, TX 78130
Map & Directions

Whether you’re planning on attending your first or your one-hundredth TCEQ public meeting, it’s helpful to keep a few things in mind. You’ve done your research. You’ve practiced your comments and questions, focusing on how air contamination will personally affect you and your property. But it can still be difficult to get yourself charged up to speak for three minutes after sitting for hours listening to all the promises being made that a 1500-acre quarry is not going to cause any problems, how Vulcan is such a “good neighbor,” that the TCEQ will keep them in line and other Vulcan quarry myths.

Before the Meeting

• Stay informed, help cover legal expenses, and contact your public officials.
• Plan to arrive at least 30 minutes early—parking and signups can take a while.
• Be sure to eat a hearty meal—these meetings can last four or five hours.
• 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.
• Make sure you don’t have anything planned for after the meeting—you will be mentally drained.

During the Meeting

• Make sure you sign up to speak during the Formal Comments period as soon as you arrive at the Convention Center Tuesday evening—even if you aren’t certain you want to speak. You will only be allowed to speak if you sign up at the beginning of the meeting.
• If you need to stretch your legs or “wake up,” stand up and walk around on the side.
• Keep yourself hydrated—if you get hungry, eat a snack.
• Don’t worry about writing everything down: the meeting will be recorded. Only jot down notes and ideas that are meaningful to you.
• DO NOT WASTE YOUR TIME speaking or asking questions during the earlier Informal Discussion period. None of this is on the record and TCEQ will not respond to these questions in writing. If you have questions, build them into your three-minute presentation during the later Formal Comments period.
• Plan on staying to the end or at least until you are called to speak—don’t give up! Depending on how many people sign up for public comments, a meeting can last for four or five hours.

After the Meeting

1. TCEQ will issue a Response to Comments (RTC) and a permit decision (usually in 60-120 days).

1. • This RTC will be mailed to everyone who submitted formal comments.
   • If permit is approved partially or entirely, TCEQ must afford the public the opportunity to respond to the permit approval by requesting a contested case hearing as an affected person within 30 days.
2. TCEQ will decide who is an affected party.
3. Affected parties will be given opportunity for Contested Case Hearing (CCH)—similar to a civil trial.
4. The TCEQ commissioners will consider requests and either uphold Executive Director’s decision, or refer to the SOAH (State Office of Administrative Hearings) judge for a decision.

February 27, 2018

Arrive 30 minutes early to allow for parking and sign ups
New Braunfels Civic Convention Center
375 S. Castell Ave.
New Braunfels, TX 78130
Map & Directions

TCEQ (Texas Commission on Environmental Quality) is holding a public meeting to discuss the air quality permit application filed by Vulcan Materials to set up a 1500-acre quarry in Comal County. The proposed quarry site stretches nearly three miles across, and is planned for a non-industrial area in between Bulverde, Spring Branch, New Braunfels, and Garden Ridge (close to SH 46, FM 3009, FM 1863, and Beck Road). TCEQ has issued a draft permit because the executive director has determined it meets all TCEQ rules and regulations.

The public meeting will consist of three parts:

1. Sign Up

Before and as the meeting begins, you MUST sign up to speak during the very important Formal Comment Period. Even if you aren’t sure you want to say or ask anything, please sign up anyway. Otherwise you will not be allowed to make a formal comment about the quarry or proposed location.

2. Informal Discussion Period

Comments and questions made during the Informal Discussion Period will NOT be considered nor formally responded to by the TCEQ Commissioners before reaching a decision. (Essentially, these comments and questions don’t count.)

3. Formal Comment Period

Members of the public will have up to three minutes to state their formal comments or questions into the official record. All comments and questions during the Formal Comment Period will be considered and formally responded to by the TCEQ Commissioners before they reach “final” decision on the permit. Only relevant issues raised during the formal comment period can be considered in future hearings. (In other words, this is your only chance to raise your issues and concerns about the quarry.) Check out our TCEQ Public Meeting Survival Guide to help you prepare to speak effectively at the public meeting.

Things You Can Do Before the Meeting

• Be informed
• Contribute
• Contact TCEQ and other public officials