I ~~ ~aI30l.1•a~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: Febmary 13, 2006 TIME PREFERRED:
SUBJECT: (Please be specific). Consider and discuss Ken County's authority under
Texas Constitution and various laws to regulate and/or place restrictions on mining, rock
crushing and related operations-particularly those in or neaz the flood plain of the
Guadalupe River and/or its tributaries.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, County
Attorney.
ESTIMATED LENGTH OF PRESENTATION: Undetermined.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed for the Court's formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes towazd your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
Kerrville Daily Times • Wednesday, February 1, 2006

	` '~` Recently, Brazos County was
All can share	des~ tired as having a pristine
been
h
h
COncem for river	ave
ey
waterway. T
il
	ng
battling huge gravel nth
7b the Editor:	operations. They passed law that
Whether you are a Republican,	county commissioners had the ',
I)attocrat or Independent,	authority over these protects that
d
fl
i
i
something is happening in Kerr
ll b
h
ld	oo
t~G m
n
they could stop tn
plain areas. If we, as residents,
e
ou
a
County we s
concerned about. Gravel mining '	don't do something, it won't end
on the Guadalupe River With	on a little mad and stretch of
the beautiful weather we are	river that leads to Center Point.
enjoying, go take a drive out 173	I Center Point has unfortunately
"
just past Commanche Tface	of
! become the "stepchild
about one mile and rum lefr on	Kerrville and does not get fau
Wharton Road (or the old River	i representation. This stretch of
Road rum-off). Wind your way	~ road needs to be cleaned and
down, heading into the tree-	kept cleaned, speed limits
canopied, narrow country road.	enforced and some care shown ',
Go past the old apple orchards	~ for this town.
I am etrdotsing and
and cross over the beautiful river	
anssing. Go up the hill with the	I David John, Piecinct Na,
huge field of new heifer cows	county wtmmssioner, who%s ''+
and look across and down below	very active in seeing that this
ai the total devastation	gravel mining be stopped.
happening to our beautiful river	Etentually, tax dollars will be
The destmcdon of	needed to cleanup the mess to
embankment, the clearing and	the town and river if left
the gravel mitring is mining this	unchecked, [ am not aware of
priceless stretch of river The	lvlr. Williams' or Mr. ffazdrn.g~
future implications of this could	concern over this or lackthem~"~
be disastrous to the natural flood	precinct No. 2 and all of the Hill .
plaht and environmental impact.	Country residents need fo see .~
The scouring of brush and land	this and vote March 7, for Dat'.I- "
is going to change t[te flow and	John, a concerned business
force of the river The gravel	owner, taxpayer and not a fat cat
washes will eventually fill in a	hhaan. Published in the
~
wonderful canoe kayak run. The	Kerrville Daily Times are the
economic im act on real estate
p	names and addresses of auk local
value has just gone down the	representatives that need to
dumper	know how you feel about
There has been two public	y~pp~g the river.
hearings on these types of	Heidi A. Md"mtl,
companies with fitfle in	Iterrv~e
attendance. I ve been told that .,.,
state Sen. Troy Fraser has
attempted to get legislation
passed to put restrictions on
these gravel mining.projects, that
currently are licensed Yluough .:
several different agencies, but tl
one specific cohesive entity. k,,
County needs
guidelines
Tb [he Editor:
Myself, and I'm sure other; in
Kerr County become very
complacent in their everyday
living. l stepped out on my porch
one day and heard the roaring of
equipment, the beeps, and the
banging of dump tracks. I drove.
Commission on Environmental
Quality hearing as headlined in
this week's paper I spoke to one
of their representatives present. I
queried him about the noise and
was advised it did not fall under
their jurisdiction. I asked about
the water contamination and was_;,i
told that it was not under their
jurisdiction. For the rock-
crushingpermitting procedure,
only air quality is under their
rules. In this meeting, the mining
representative stated they would
build water containment dams
out of gavel. I'm not an
engineer, but don't think this ±~
approach is feasible. T1ris goes -.a
on an on.
Unless the atizens of Kerr "'~
County get some guidelines in
Dlace on this operation and other
commercial operations, you, too, _.
could have a similar situation
next to your house.
J. Trice„`
Center Point
;' ~,
<<
KERR COUNTY ATTORNEY
COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET
September 19, 2005
Bill Williams
County Commissioner Precinct 2
RE: Wheatcraft Quarry in Center Point
Dear Bill:
REX EMERSON
KERRVILLE, TEXAS 78028
Please see the attached binder containing Flood Plain and 9-1-1 maps, TCEQ
contact information, Health and Safety Code Sections 361 and 382, Water Code Chapter
7, and ]`dining Code Chapter 133.
In reviewing Wheatcraft's permit application, multiple issues/questions were
raised:
a) Whether a Flood Plain pernrit has been applied for;
b) Where is the 700 gallons per minute of water originating from?
c) Whether an air dispersion model has been completed;
d) Whether an archeological study has been completed (it is my
understanding that a similar facility up the river produced a number of
dinosaur bones);
e) Why no particulate ambient air monitoring is proposed;
f) Whether any of the primary listed crushed rocks are more prone to
causing pulmonary fibrosis;
g) How much sediment will run off in to the Guadalupe?
h) Flow much petroleum chemical contamination of the ground will occur
tiom the large volume of trucks?
i) Whether the applicant has placed a sign at the proposed location pursuant
to H & S code 382.056 (c).
j) Whether rock crushing falls under the guidelines associated with `~ oncrete
crushing"?
A recent telephone conference with the TCEQ public interest counsel indic.~ ~cd
concerned persons should:
1) File their comments in writing with the Office of Chief Clerk, MC-10~
TCEQ
P. O. Box 13087
Austin, "fX 78717 -31187
MAIN NUMBER (830) 792-2220 ~ HOT CHECKS (830) 792-2221 ~ FAX (830) 792-2228
2) File a request for a local hearing at the above address.
3) File a request for a contested hearing at the above address. This request
must contain the following information -
• Person's name, address, daytime telephone number
• Wheatcraft.Inc.
• Permit Number 76508
• The specific statement "I request a contested case hearing"
• State the specific way that you, the individual, will be
affected. For example, I have emphysema and it will cause
me significant respiratory distress etc...
• Location and distance of your property from the facility
• Description of how your use your property. i.e....I live here
4) Request to be placed on the mailing list.
5) Request a formal Ken County Commissioners Court Memorandum of
Opposition, formal School District memorandum of Opposition, and get
our local legislator involved.
The executive director may hold a local public hearing during the comment
period. However, H & S Code Section 382.056 (k) states the executive director shall hold
a public meeting if a member of the legislature requests it or there is "substantial public
interest".
Schools are of special concern to the TCEQ. H & S Code Section 382.052 states
"the commission shall consider possible adverse short-term and long-term effects of air
contaminants" if the proposed facility is within 3000 feet of an elementary, junior high, or
senior high.
Hopefully this will help. I feel sure there are more statutory areas of concern, but
given the short time and other obligations I did the best I could.
Rex Emerson
~-~'"
MEMORANDUM
December 19, 2005
To: Rex Emerson, County Attorney
From: Bill Williams, Commissioner, Pct. 2
Subject: Wheatcraft, d/b/a Rhodes Pit and 'I'NRCC
See attached from Robert Ligon of Center Point.
In your opinion, what would be the best way to proceed to determine which, if any, of the
cited permits or sections of law are applicable to Wheatcraft's proposed rock crushing
operation?
Are these matters that TNRCC routinely examines, or are they in the alternative matters
Kerr Coumy or some other local agency like UGRA should pursue?
Rega ,
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P dU~l/S 6 u lRwT~-'~ ~o !T 3.tg 7~-fc S~c~~ .
as....,.
S
Bill Williams
From: robert [edjr~ktc.cem)
Sent: Tuesday, December 13, 2005 1:55 PM
To: tmrilflams~co.ken.bc.us
Cc: Marcy Downey; Raul & Sandy; John Monty; John Kovacs; Ken VYardlaw
Subject: Information I spoke of during our mtg this tesday morning in center point
TNRCC General Permit Number TXR050000 Relating to Storm Water Discharges
Associated with Tndustrinl Activity
TCEQ General Permit Number TXR150000 Relating to Discharges from Construction
Activities
Both of these permits were developed from Texas Pollutant Discharge Elimination
System (TPDES), which is the state program for enforcing Section 26.040 of the Texas
Water Code and Section 402 of the Clean Water Act which was deveoped from EPA
Requirements.
These permits are concerned with clean water and storm water discharge requirements
to be met over the life of the construction and/or facility.
TXR050000 is Texas Natural Resource Conservation Commission (TNRCC) General Permit
Plan. Page 71 identifies specific requirements for Rock Crushers.
TXR150000 is Texas Commission on Environmental Quality (TCEQ) General Permit Plnn.
Both of these permits are for a General Permit to Discharge Waste.
Both of these General Permits require Storm Water Pollution Prevention Plans (SWP3).
The TCEQ General Permit Plnn Definitions, detail specifically Pollutants, Pollution, and
Waters of The United States, among other things. These three things should definitely
be concerns of someone. Waters of The United States, is defined in title 40, part 122,
section 2 of the Code of Federal Regulations and identifies that concerns should
encompass, "...rivers, ... which are or could be used by interstate or foreign travelers for
recreational or other purposes;". This is located on page 6, Water of the United States,
(cxi) of TCEQ General Permit Plan.
It is my understanding that Whentcraft must hove both of these permits.
It is my understanding. that Wheatcrnft must have an SWP3 plan that meets the
requirements of both of these General Permit Plans.
12/15/2005
rage ~ or ~
Waters of The Uniter States, prohibits the degradation of the Guadalupe River for
recreational or other purposes. Mobile heavy duty equipment running along the banks of
the river, dust from equipment and facilities polluting the river and foliage, noise from
the equipment and facilities, all contribute to the make the river environmentally
unfriendly, which is n violation of Code of Federal Regulations and our own Texas
Pollutant [)ischarge Elimination System.
Would appreciate it, Bill, if you would have our County Attorneys review and determine if
Whentcraft is/is not in compliance with the General Permits, the specific Code of
Federal Regulations mentioned above, and Clean Water requirements and take appropriate
action, if warranted. I cannot imagine that Wheatcrnft wn operate as close to the river
as he is and not be considered in violation of, at least the Code of Federal Regulations,
which I assume, takes precedence over our Texas Laws.
Thanks,
Robert Ligon
377-7944
12/15/2005
„~ -, , ~~ ,
RESOLUTION
WHEREAS Wheatcraft, Inc., dba Rhodes Pit Rock Quany, located at 6133 Highway 27, Center Point, Texas, has
made application to the Texas Commission on Endvonmental Quality, Permit No. 76508, to construct
and operate a Rock Crushing Facility; and
WHEREAS There is substantial public interest about the amount of"Particulate Matter" that will be discharged into
the air daily that may cause harm to the health of adults and children living in close proximity to the
proposed rock crushing facility; and
~y}{EREAS Center Point Independent School district has educational facilities located within 2000 feet of the
proposed rock crushing facility, and
WHEKEAS Health and Safety Code, Chapter 382.056 requires the TCEQ to consider the possible adverse short-
term and long-term effects of Air contaminants if a proposed facility is within 3000 feet of an
elementary, junior high or senior high school; and
WHEREAS Other sigttificant issues and/or questions raised must be addressed by the Applicant to the TCEQ before
a permit is issued such as:
• Whether or not an air dispersion model has been completed;
• Whether or not an archeological study has been completed;
• Why no "Particulate" ambient air monitoring has been proposed;
• Whether or not any of the primary listed crushed rocks are more prone to causing
pulmonary fibrosis;
• Where is the 700 gallons per minute of water use originating;
• How much sediment will be discharged in the Guadalupe River;
• How much petroleum/chemical contamination of the ground will occur from the large
volume of trucks anticipated;
THEREFORE BE IT RESOLVED
"That Kerr County Commissioners' Court, meeting in Special Session on Monday, September 26, 2005 does hereby urge
the TCEQ to examine carefully all aspects of the Air Quality Permit Application # 76508 filed by Wheatcraft, Inc., and
insure all state laws and regulations are complied with; and be it
FURTHER RESOLVED
That Kerr County Commissioners' Court does hereby request the Executive Director of the TCEQ conduct a local Public
Hearing and a Contested Hearing on said application at the earliest possible date; and be it
FURTHER RESOLVED
That copies of this Resolution of Opposition be forwarded to State Representative Harvey Hildebran, State Senator Troy
Fraser, Headwaters Groundwater Conservation District, Upper Guadalupe River Authority and Federal Emergency
Management Agency urging them to likewise request a Public Hearing and a Contested Hearing on this matter.
ADOPTED THIS 26"t DAY OF SEPTEMBER, 2005
~t~( tl t
~~
L A. "Buster" Baldwin, Cot nissioner

WVtlFfam H. Williams, Commissioner
Prec' ct 2
Dave Nicholson, Commissioner
Precinct 4
Revised ]0-05-05
PUBLIC PARTICIPATION FORM
FOR
KERR COUNTY COMMISSIONERS' COURT
~~ 3 "`'
Instructions: Fiil out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. If
you are handing out any material or documents to the Court, please make sure you have
one extra for the Clerk to ensure that one is put into the record.
Name: ,!'~ BB ART L ~- C3D n/
Address: / ~5"J -.T L ,n ~ ~ . ( t..-~T ~_ o _ Ex,~ T-
Telephone: ;~~1~ - G 3~---~(~ E3~~
Place of Employment: /C ~. t i` K ~ p
Employment Telephone: ~~--"'
Do you represent any particular group or organizafion? Yes ~ No
If you represent a group or organization, please state the name, address and telephone number of
such group or organization.
Which agenda Item (or Items) do you wish to address? /`~ .Z ~
In general, aze you for or against such Agenda Item (or Items)? For ~ Against
,..~ ~ ~
Signature
NOTE: Thia Public Participation Form must be presented to the County Clerk prior to the
time the agenda item(s) are discussed.
Once you reach	the podium p	lease state your	name and who/what you
represent clearly	for the court re	porter to accuratel	y record who you are