On July 8, 2024, the Texas Commission on Environmental Quality (TCEQ) approved the Water Pollution Abatement Plan (WPAP) for Vulcan Comal Quarry, a 1500-acre site located between Bulverde and New Braunfels, near SH 46 and FM 3009, and situated entirely over the Edwards Aquifer Recharge Zone (EARZ) in Comal County. The TCEQ’s Edwards Aquifer Protection Program (EAPP) brushed aside public concerns for more in-depth research and studies on the highly sensitive Edwards Aquifer at this location without granting the opportunity for a public meeting.

This disturbing decision comes when the Texas Water Company (TWC), who also submitted public comment requesting a public meeting citing water availability and contamination concerns, announced Stage 4 (Critical Condition) drought restrictions for all Comal County customers. Effective July 9, 2024, no outdoor watering is permitted except for livestock.  The Guadalupe-Blanco River Authority (GBRA) has also implemented Stage 4 restrictions.

Lack of transparency by the TCEQ-EAPP regarding their own statutes and the WPAP process exemplifies the need to pause the permitting process for aggregate operations over the recharge zone. Lt. Gov. Dan Patrick has specifically addressed concerns at a Town Hall meeting going as far as requesting to “immediately pause the permitting processes for all permanent cement production plants statewide until the legislature can weigh in”.

All public comments and requests for a public meeting to discuss the Vulcan WPAP were ignored; including those made by elected officials, attorneys for Preserve our Hill Country Environment (PHCE) and the Texas Water Company (TWC), organizations including Greater Edwards Aquifer Alliance (GEAA), Hill Country Alliance (HCA), Texans for Responsible Aggregate Mining (TRAM), and Groundwater Research & Education Aquifer Team (GREAT), and over 780 citizens. TCEQ blatantly disregarded the reports submitted by professional hydrogeologists highlighting technical deficiencies in the permit and the lack of sufficient groundwater protection.

TCEQ Executive Director Kelly Keel responded, “statutes and rules governing a WPAP do not include an opportunity for a public meeting.”

Milann Guckian, PHCE president states, “it is an oxymoron, TCEQ would not allow water concerns to be introduced during the air permitting process and now that Vulcan has applied for a WPAP, the TCEQ does not have the protocols in place for citizens to participate in the water permitting process. Why don’t they allow public input on the health of our aquifers using the same protocols they use when permitting for wastewater permits like the TPDES or TLAP?”

Several technical errors were raised by scientists and the public. These included incorrect water well locations on the site, improper consideration of water levels in surrounding wells, and the lack of consideration given to nitrate pollution caused by the use of quarry explosives (ANFO). The TCEQ-EAPP never responded directly to public comments.  The only way citizens received information on the permit application was via Public Information Requests (PIRs).  These are unnecessarily cumbersome and time consuming.

Comal County residents are concerned about the Vulcan project’s long-term impact on their water quality and quantity.  Comal County is proud to be known as the gateway to the Texas Hill Country. Its tourism industry, which is based on water-related activities, generated over $1.1 billion in revenue according to a 2022 Greater New Braunfels Chamber of Commerce’s Convention and Visitor’s Bureau report.  Allowing a major quarry to go into the middle of a rapidly expanding suburban environment will not only tax water resources and put the residents’ health at risk, but it will also lead to a significant decrease in the property values and the county’s tax base. Furthermore, groundwater from the Edwards and Trinity aquifers provides water to over 2.5 million Texans. As Lt. Gov. stated in response to the proposed permanent cement kiln project in Grayson County “If the project goes forward, the negative economic impact on the community could be cataclysmic.” This same scenario would apply in Comal County.

Because there is no standard for a public meeting or contested case hearing, PHCE attorneys will file for a Motion to Overturn (MTO).  TCEQ will have 45 days to rule.   Moving forward, if the MTO is unsuccessful, citizens’ only recourse will be through the legal system.

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

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.

SPRING BRANCH—Preserve Our Hill Country Environment Foundation and Stop 3009 Vulcan Quarry will host their third annual Bluebonnet Extravaganza Dinner & Auction on Saturday, April 2. This year’s event will be held at the historic Knibbe Ranch in Spring Branch, one of the few remaining Century Heritage ranches in Texas.

All proceeds from the fundraiser will support the ongoing legal battle against the Texas Commission on Environmental Quality (TCEQ) and the 1,500-acre open-pit mine and quarry planned by Vulcan Materials between Bulverde and New Braunfels. The preservation groups will also raise awareness of the negative impacts of poorly supervised aggregate mining and operations in Comal County and throughout the Texas Hill Country.

In April 2021, Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek won an unprecedented victory in Travis County District Court, when Judge Maya Guerra Gamble reversed and vacated the air permit TCEQ granted to Vulcan Materials for the proposed Comal County quarry.

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.”

TCEQ and Vulcan are now appealing that decision to the Third Court of Appeals. Oral arguments before the court will likely be held next, but a date has not yet been scheduled. April’s fundraiser will enable grassroots-level community groups to continue fighting to protect the air, water, and natural resources in Comal County and the Hill Country.

The event will feature fabulous Texas BBQ, local libations, unique photo opportunities, music, dancing, and more. Silent and live auctions will top off the evening as we toast everything that we love about our one-of-a-kind Hill Country. Tickets are $125 per person (plus fees) and can be purchased at www.stop3009vulcanquarry.com/blue22.

Sponsorship opportunities are available. We welcome financial contributions, gift certificates, food or spirits packages, entertainment packages, vendor packages, vacation getaways, sporting goods, hunting/fishing packages. Join your Texas Hill Country neighbors, support a great cause, and promote your business by sponsoring this event and donating auction items or services.

We are grateful to our current sponsors, Knibbe Ranch, Bubba Duke’s Authentic Texas BBQ, San Anthony Jewelry, and Dry Comal Creek Winery & Vineyard. Mark West, of Bids Up Auctions, is our auctioneer. Join us for a beautiful evening supporting a great cause!

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Preserve Our Hill Country Environment Foundation is a nonprofit organization formed to preserve, protect, and restore the land, water, air, wildlife, unique features, and quality of life in the Texas Hill Country from the aggressive and insufficiently regulated expansion of the aggregate industry.

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.

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.

NEW BRAUNFELS—On Tuesday morning, a resident living near the Anderson Columbia Tejas Quarry in New Braunfels began observing a steady stream of thick, chalky liquid flowing across his property and farm.

The landowner noticed the thick, whitish-brown liquid flowing from Anderson Columbia property, running under the adjacent railroad track via flood drainage piping, and streaming across his property and into a downstream pond.

The substance appeared to be coming from a breach in a dike surrounding one of the tailing ponds on the 800-acre limestone mine and quarry. Tailing ponds are used to store waste byproducts created by mining and quarrying operations. It is suspected that the liquid contains limestone particles, clay fines material, various polymers, and other unknown substances—many of which can remain suspended indefinitely. The toxicity level of the liquid is currently unknown.

Furthermore, most of the 800-acre quarry is located over the environmentally sensitive Edwards Aquifer Recharge Zone, the primary source of drinking water for over two million people. Because of the unique karst hydrogeology characteristic of the Edwards Aquifer, pollutants that enter the Recharge Zone can travel quickly through the aquifer and contaminate water sources in a very short period of time—sometimes as little as hours.

According to state law, it is a quarry operator’s responsibility to inform the Texas Commission on Environmental Quality (TCEQ) of any breaches in tailing pond containment structures. We do not know whether Anderson Columbia has done this. Furthermore, we do not know whether Comal County or Edwards Aquifer officials are aware of the apparent breach and subsequent contamination.

Unfortunately, in Texas, aggregate tailing ponds and containment structures are unregulated and no permits are required for quarry tailing ponds. Because of the lack of oversight from TCEQ, incidents such as this frequently go completely unreported unless they are observed by downstream neighbors, often after contamination has occurred.

This is just the latest example of problems resulting from the lack of accountability and lax oversight of quarries and aggregate mines in Texas. Milann Guckian, president of Preserve Our Hill Country Environment, stated, “There are currently no regulations on dike engineering for tailing ponds. Release of tailing ponds materials past the facility’s property line shows an egregious deficiency with the current regulatory environment that these APOs work under.”

Several miles to the north, Vulcan Construction Materials is attempting to place a 1500-acre quarry and limestone mining operation in the middle of a residential area of Comal County. The proposed quarry is in a legal battle pitting Alabama-based Vulcan and TCEQ against hundreds of area residents, organizations, and Comal ISD.

Vulcan must still submit a Water Pollution Abatement Plan (WPAP) to TCEQ. Jack Olivier, a Comal County geologist and member of the Texas Speleological Association, expressed concern: “Quarries here can act as manmade funnels into the underlying aquifers. The limestone sediment and explosives used for blasting, a combination of diesel fuel and ammonium nitrate, can be introduced inside the pits. And during flood events, pollutants can get washed in, carrying chemicals like pesticides and herbicides, and septic tank effluent.”

Stay informed by visiting www.preserveourhillcountry.org and www.stop3009vulcanquarry.com, and by following our Preserve Our Hill Country Environment and Friends of Dry Comal Creek Facebook pages for news updates.

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Preserve Our Hill Country Environment is a non-profit organization formed in 2018 to preserve, protect, and restore the land, water, air, wildlife, unique features, and quality of life in the Texas Hill Country against the aggressive and insufficiently regulated expansion of the aggregate industry.

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—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.

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.

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.

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.

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.

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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.

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