Frustrations show as TCEQ details quarry air permit

The frustration was palpable at the Wimberley Community Center last week as around 200 members of the public attended a meeting hosted by the Texas Commission on Environmental Quality on the proposed air quality permit that would be the first step in the process of creating a quarry on Needmore Ranch.

“I moved to Wimberley because of the clean air and clean water,” Erica Fick, who said she lives about two miles from the proposed quarry location, said. “My kids play outside. They swim in the Blanco River downstream from where this operation is going to be potentially operating. And what I’m hearing tonight is that it’s really up to Far South Mining to police themselves.”

Members of the TCEQ and Far South Mining, LLC, which is the company requesting the permit, answered questions from dozens of local residents concerned about the impacts of the potential quarry.

Melissa Fitz, vice president of Westward Environmental, Inc., which is helping Far South Mining complete the permitting process, explained the basics of the company’s plans.

“This facility is a small portable plant with two crushers and two screens to basically turn bigger rocks into smaller rocks and sort them by size,” Fitz said. “There are no plans to crush concrete here, and no plans for a concrete batch plant on site. Operation will be driven by the increasing market demand for materials to meet the growth here. Most products are expected to be delivered east towards I-35 in San Marcos and the surrounding areas. It is important to note that the permanent standard permit only allows limited operation for daytime hours only, a limited hourly and annual production rates, limited equipment and a specific distance of 200 feet from the property lines and a quarter mile from any residences. “

The TCEQ stated multiple times that this meeting was solely to discuss the air quality permit, even though many in attendance were concerned about other potential impacts including water quality and noise.

“We look at air emissions only – we don’t look at water problems, water usage all falls under the Texas Water Code,” Don Nelon, who is the TCEQ permit reviewer for this air quality application, said. “The Texas Clean Air Act also does not give us the jurisdiction to look at location choices made by an applicant. If they can meet the requirements of whatever permit they’re applying for, we must follow those requirements. This location choice is made by an applicant, we have no jurisdiction to consider.”

Nelon stated that the only time he had seen such a permit denied was when the applicant measured incorrectly and was not far enough away from the property line to operate.

Far South Mining clarified the size of the project. The company would lease a 200 acre section of Needmore Ranch along Fulton Ranch Road. The quarry would start at two acres in size and cut 50 feet into the ground before moving to a new area. Initially, Ken Blankenburg, with Far South Mining said that it would take “20 years or more” to reach the full 200 acres. Later in the meeting, he revised his estimate.

“Approximately two acres a year, which equals out to 322,664 tons,” Blankenburg said. “That’s an annual amount. So over a five year operation, we’d only be exposing 10 acres. So over 10 years, it would be approximately 20 acres.”

The permit application is for a maximum of 528,000 tons per year.

Due to the size and scope of the project, the company is applying for a standard permit. As long as it stays within certain boundaries, many of the regulatory hurdles and compliance checks are not in place for this permit.

“TCEQ has developed this permanent standard permit with these limitations based on a comprehensive evaluation of air quality emissions,” Fitz said. “During development (of the TCEQ’s standard permit process), the TCEQ conducted research to show that their standard permit meets federal and state standards to be protective of human health and the environment at and beyond the property lines. The EPA has established these primary and secondary standards to protect public health, including our most sensitive members, such as children, the elderly, and those with pre existing conditions, as well as to protect the environment, including animals, crops and vegetation from any adverse effects. This facility will continue to be safe for our employees on site, as well as safe at our property lines and beyond.”

Because this permit application is considered a standard permit, no air quality test is required, nor was one required while the previous temporary permit was approved. No air quality test will be required going forward, and the permit will not require air quality monitors to be placed around the property.

A TCEQ investigator at the meeting stated that there are measures in place to keep dust from exiting the property, but that if issues occur, it can be difficult to prove a compliance issue.

“So these rock crushers, they have to have permanent mounted spray bars on the crusher inlets and outlets and any transfer point, which definitely helps with dust suppression,” Rick Ciampi, senior environmental investigator for TCEQ, said. “But if there’s an issue, the best thing that we can have is video evidence of dust going off site for a complaint investigation, and we see that happen. That’s one thing we can do. We can’t necessarily say that the other dust on your house is from one point unless we actually see it happen due to the nature of that everything out here is pretty much limestone. It’s kind of hard to say where it came from. But seeing it happen is one thing. And if y’all do see it, documenting that on video is the best way we can cite violations.”

Blankenburg stated that they do not operate their plants on windy days because their employees health is “number one, and if we’re going to be blowing dust around beyond our control, I’m not going to have any of our employees getting sick.”

While the meeting was about the air quality permit, Melissa Fitz, vice president of Westward Environmental, Inc., which is helping Far South Mining complete the permitting process, addressed some options for where the water needed for the quarry would come from.

“Far South Mining is considering several options for water whether it be drilling a new well into the Trinity Aquifer, bringing in water from off site, water catchment, etc,” Fitz said. “If this air permit is approved for Far South Mining, we’ll take the next steps including coordination of the Barton Springs Edwards Conservation District if required.”

The public comment period on the permit application closed on April 1. At that time, there had been 363 comments submitted. The TCEQ Executive Director will prepare a response to comments, which will be mailed out. That response is expected within 30 days. If the air quality permit is approved, Far South Mining would then have to apply for multiple other permits including Aggregate Production Operations permit, stormwater permits and a water pollution abatement plan.