You may be aware that Collier Materials Inc. proposes to dredge sand from the navigable waterway of Sandy Creek on the northern section of Sandy Creek owned by the 400 acre Nash Ranch and to refine the sand on site to the specifications required by cement plants and to stockpile and transport the refined sand to the cement plants. The entrance to the property is from Hwy 71 east of FM 2233 1.3 miles.
Two applications for permits with the Texas Commission on Environmental Quality (TCEQ) were submitted by Collier to TCEQ on May 25, 2018. One is for a Sand & Gravel Plant #3 to sift sand and separate any rock and larger size gravel. This is requested as a Permit By Rule permit where little emissions result from the sifting but is required to meet TCEQ’s rules. The number of the permit application is 110404407.
The other permit application is for a Portable Crusher #3 which refines the sand to cement mix specifications. The crusher is known as a Vertical Shaft Impactor. The application number for this permit is 152092L001. This application requires an in depth emission evaluation by TCEQ for emissions from the sand crusher, the stockpile and truck traffic dust from the private road.
A permit from Texas Parks and Wildlife Department (TPWD) is also required to allow this dredging to take place on state navigable waterways.
Other state departments such as the Lower Colorado River Authority (LCRA) and the Texas Department of Transportation (TXDOT) will be requested to issue permits or give input on this project.
No applications for permits are known to have been submitted to these state agencies at this time.
Public meetings were held the week of June 18th at the Kingsland Library and the Sunrise Beach Community Center to provide any initial information known which resulted in significant opposition to the project by attendees.
TCEQ will review the applications and public comments. Public comments can be submitted to TCEQ by a deadline of July 17th. Following this review TCEQ may or may not issue a draft permit. If the draft permit is issued the public would have 30 days from the date published to submit additional comments.
TCEQ have provided information of how to submit public comments, the review process and how complaints can be submitted should the plant become operational. Many have expressed concerns of multiple issues related to this project and although these concerns can be submitted to TCEQ, TCEQ will only review those comments and concerns that relate to the Air Quality Permit. The TCEQ information is shown below for those interested in making comments to TCEQ
I will continue to provide any updates on these permit applications and any other relative information.
Llano County Commissioner Pct 1
P.O. Box 8759
101 Ferguson Rd.
Bus phn: 830-598-2296
The application for Collier Materials proposed crusher is currently under technical review. The technical review of the application consists of emission source identification and air emission quantification, analysis of the off-property health impacts of those emissions, and a determination of best available control technology. Once the technical review of the application is complete and meets all requirements, the applicant will be required to publish a Notice of Application and Preliminary Decision (2nd public notice). The 2nd notice public notice will also have a 30 day comment period.
Three comments have now been received on the application. The TCEQ will prepare a written response to comments (RTC) received during the comment period. Once the RTC is filed, the TCEQ will schedule all timely hearing requests, if any are received, and any requests for reconsideration to be considered at a scheduled commission public meeting. If a request for contested case hearing is granted, the commission will specify the number and scope of factual issues to be referred to the State Office of Administrative Hearings (SOAH) and specify the maximum duration of the hearing.
To provide comments either for or against the permit please go to the following link: http://www14.tceq.texas.gov/epic/eComment/. The 1st notice comment period will end July 17th. In order to assist you in providing a comment you will need the following permit number: 152092L001
TCEQ is available 24 hours every day to receive complaints under their jurisdiction. The TCEQ does not have regulatory jurisdiction over noise, vibrations, and truck traffic concerns therefore these issues should be directed to local officials. Jurisdiction over traffic dust on public roads, including any load-bearing restrictions and public safety, including access, speed limits, and public roadway issues, are typically the responsibility of local, county, or other state agencies, such as the Texas Department of Transportation and the Texas Department of Public Safety.
To submit a complaint under TCEQ jurisdiction.
- Use the online form (https://www.tceq.texas.gov/assets/public/compliance/monops/complaints/complaints.html)
- Call toll-free at 1-888-777-3186
The TCEQ reviews all complaints that fall within its jurisdiction. If the operation is found to be out of compliance with the terms and conditions of the permit, or applicable TCEQ regulations, it may be subject to an enforcement action.
You can file a complaint anonymously—either online or by telephone. However, if you remain anonymous, it may prevent TCEQ from reporting back to you on the results of the investigation. In addition, in some cases the ability to take action may be impaired if you are unwilling to be involved.
After TCEQ receives your complaint and any information or evidence you have, it is assigned a priority or referred to the local area if outside TCEQ’s jurisdiction. In most cases, if the complaint is within TCEQ’s jurisdiction, an on-site investigation is conducted to see if any environmental regulations have been violated. If the investigation reveals a violation, appropriate enforcement action will be taken to ensure that the violation is corrected. More information on the TCEQ enforcement process may be found at https://www.tceq.texas.gov/compliance/enforcement/process.html.
After receiving your complaint and any information or evidence you have, you can expect the following:
- Unless you have chosen to remain anonymous, an investigator will be in touch with you to discuss your complaint and any information or evidence you have.
- If you want to have further contact with your investigator, be sure to write down:
- your investigator’s name
- your complaint number
- In most cases, an on-site investigation will be conducted to see if any environmental regulations have been violated.
- If the investigation reveals a violation, TCEQ will take appropriate enforcement action to ensure that the violation is corrected. Actions could include issuing a Notice of Violation, an enforcement order, or filing a lawsuit against the violator. For more information see: enforcement process.
How long will it take TCEQ to respond?
- If the situation is an immediate threat to public health or the environment, TCEQ will respond within 24 hours after they receive your complaint—usually much sooner.
- Other complaints usually take longer, but TCEQ takes every complaint seriously, and they will investigate your concerns if it is within their jurisdiction.
How will you know what TCEQ decides?
- Once TCEQ has completed their investigation, which may have been based on information or evidence you provided, they will take the action needed to correct any problems found. Unless you have chosen to remain anonymous, TCEQ will notify you in writing about the results of the investigation. If you have any questions about the findings, you can contact the TCEQ investigator.
- In addition, TCEQ will provide you periodic reports on any enforcement action we take, and you will have an opportunity to review and comment on any TCEQ order proposed to resolve the case.
- You can also track your complaint online.