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.

Permit #13001906

Public comment deadline is looming! Submit your comments before Sunday, April 21!

The future of water depends on US! The TCEQ has favored industry over the residents of the Texas Hill Country. We must stand together and fight for WATER.

The Water Pollution Abatement Plan (WPAP) is the second and final permit Alabama based Vulcan Construction Materials needs in order to start mining a 1,515-acre site (previously the White Ranch) in central Comal County between New Braunfels and Bulverde. The site sits entirely over the Edwards Aquifer Recharge Zone (EARZ) and is surrounded by heavily populated residential and ranching communities. Notably, the pristine West Fork Dry Comal Creek runs through, and multiple caves lie beneath the surface of this scenic and consequential segment of the Texas Hill Country.

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, eminent domain for a railroad spur, 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.

Not only does White Ranch sit atop the EARZ but the West Fork Dry Comal Creek runs through it, converging downstream with the Dry Comal Creek before merging with the Comal River in New Braunfels. The Comal River is fed by springs from the Edwards Aquifer and is home to several endangered species. The clear, temperate waters of the Comal are widely used for recreational swimming and tubing activities before discharging into the Guadalupe River. Dry Comal Creek and Comal River are essential natural resources in Comal County, supporting economic development and recreation in the city, as well as agricultural operations and wildlife throughout the area. Comal County has numerous waterways — Dry Comal, Cibolo, Rebecca, and Honey creeks; Comal and Guadalupe rivers; Comal and Hueco springs, the Trinity and Edwards aquifers; and Canyon Lake. If any of these water sources becomes polluted or is irreparably harmed, the others are in danger as well.

A quarry (Vulcan), sitting in the middle of all these water resources would present numerous challenges to these many interlinked systems, leaving our community exposed to water quality and quantity sustainability issues.

Unfortunately, it has not been common practice for TCEQ to have public meetings or contested case hearings for WPAPs, but PHCE strongly believes this application calls for both.  Local and state leaders have been asked to submit public meeting requests on their constituent’s behalf.

To submit a public comment:
Reference: Opposition to Vulcan Comal Quarry
TCEQ Edwards Aquifer Permit #: 13001906

Comments must include concerns regarding the potential impact on surface and/or groundwater quantity and quality. Also, in the comment, request a public meeting and a contested case hearing. See Hydrogeology Report here!

Comments can be submitted two ways: You may submit as many public comments as you want up until the April 21st (Sunday) deadline.

Mail Option:
Texas Commission on Environmental Quality
Edwards Aquifer Protection Program
MC R11
PO Box 13087
Austin TX 78711-3087

Email Option:
EAPP@tceq.texas.gov

Our families deserve to have a reliable and pure water supply, clean air, and a safe environment. We are committed to our community and working with our representatives in order to achieve a balance between industry and citizens.

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!