Posted by: micotexas | March 1, 2010

Motion for Reconsideration filed with TCEQ

Today, legal counsel for the Ranchland Oaks Homeowners Association filed a Motion for Reconsideration of the Zumwalt Construction Water Pollution Abatement Plan (WPAP).

The WPAP was approved by the TCEQ last month and this motion asks the TCEQ to reverse their approval based on an independent review of the WPAP by Dr. Lauren Ross, Ph.D,  a Texas Registered Professional Engineer.  Dr. Ross found a number of issues with the plan including:

–  Lack of information on the adequacy of planned berms to hold runoff from the site.

–  Failure of the applicant to address the impact to water quality and erosion due to diversion of current runoff patterns as a result of berm placement.

–  Failure to address potential water quality degradation due to the on-site generation of electricity for the operation and the a 300 gallon diesel tank.

– The potential inadequacy of the geologic assessment by Westward Environmental which found no significant or sensitive features on the site.

–  The unsubstantiated claims that runoff into the quarry pit will evaporate rather than infiltrate into the ground water.

–  Failure of the applicant to adequately identify the potential for water quality degradation due to storm water migrating from the bottom of the pit into underlying karst formations.

– Failure of the Spill Response section of the plan to provide clear and specific actions in the event of a spill of hazardous materials at the site.

Among other findings and recommendations, Dr. Ross calls for an independent geologic assessment to determine if significant or sensitive features exist on the site, something easily overlooked by the initial survey process.


We will continue to post updates on the status of this Motion and on the pending Air Permit request as additional information becomes available.  The TCEQ is expected to issue their decision on the Air Permit on or before March 19.



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