A New Year and a New “Adventure”
- Thread starter REWahoo
- Start date
e86s54
Recycles dryer sheets
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Life without purpose has become life with a purpose!
Where I currently work we have one of those big Diesel rock crushing V12 Cat motors (we use it as a generator). They are extremely noisy, even with ours that has a custom muffler on it. Can't imagine the noise without a muffler and crushing rocks to boot!
Keep us posted and good luck!
Where I currently work we have one of those big Diesel rock crushing V12 Cat motors (we use it as a generator). They are extremely noisy, even with ours that has a custom muffler on it. Can't imagine the noise without a muffler and crushing rocks to boot!
Keep us posted and good luck!
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
I never saw it that way.
FUEGO
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
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I never saw it that way.
You have merely been re-purposed.
Koolau
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
I've always found it unfortunate that such battles have to be fought with technicalities rather than on the basis of what's "right and wrong". From what REWahoo describes, it's just "wrong" to site a quarry in this location. NIMBY means just that in this case.
But, I suppose each of us has a different idea of what is right and what is wrong. Some folks (those who killed the Superferry here in the islands) would have you believe that every act of man - probably including breathing - is detrimental to nature and wildlife and should therefore be banned. Funny when you see the SUVs the "environmental crowd" (and their lawyers) seem to drive - but that's another story.
Somehow it seems we need to find a balance and that's difficult to do when there are such opposing views between those trying to make a buck at any environmental cost and those who believe any progress is "rape" of the land. (Not saying that's the case here, just noting the gulf between views on what is good or bad in the environmental realm.) Even when it's "clear cut" as it seems in REWahoo's situation, one has to fight the fight with delaying tactics, and hope the other side will eventually get tired or run out of money. How unfortunate - but at least it gives REWahoo something to get up for each day.
But, I suppose each of us has a different idea of what is right and what is wrong. Some folks (those who killed the Superferry here in the islands) would have you believe that every act of man - probably including breathing - is detrimental to nature and wildlife and should therefore be banned. Funny when you see the SUVs the "environmental crowd" (and their lawyers) seem to drive - but that's another story.
Somehow it seems we need to find a balance and that's difficult to do when there are such opposing views between those trying to make a buck at any environmental cost and those who believe any progress is "rape" of the land. (Not saying that's the case here, just noting the gulf between views on what is good or bad in the environmental realm.) Even when it's "clear cut" as it seems in REWahoo's situation, one has to fight the fight with delaying tactics, and hope the other side will eventually get tired or run out of money. How unfortunate - but at least it gives REWahoo something to get up for each day.
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
Another update on our battle to stop the quarry:
Water permit: Following the TCEQ's administrative rules, we filed a Motion for Reconsideration of the approved water permit on Feb 26. The state granted themselves an extension to May 5 to rule on our request. Unfortunately the statutes allow us only 30 days after the permit is granted (Feb 4) to seek legal remedy (screwy, but this is the gummit, so what do you expect), so we filed a lawsuit against the TCEQ on March 2. The basis for the suit is essentially the same as the Motion for Reconsideration, that the TCEQ did not follow its own rules in granting the permit.
Air permit: The TCEQ denied the Air Permit. (Can you see me grinning). The reason for the denial was the failure of Zumwalt to meet all the requirements of the permit, which he failed to do because he posted his legal notice in the wrong newspaper. He can reapply but will have to start the entire process all over again which will take a minimum of three months, probably longer.
Note: The denial of the air permit was a total surprise - these permits are considered to be virtual slam dunks. Can't help wondering if the state's ongoing $5.7 million lawsuit against Zumwalt might have come into play.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the road improvements needed for his driveway permit.
We won a battle, and the war continues...
Water permit: Following the TCEQ's administrative rules, we filed a Motion for Reconsideration of the approved water permit on Feb 26. The state granted themselves an extension to May 5 to rule on our request. Unfortunately the statutes allow us only 30 days after the permit is granted (Feb 4) to seek legal remedy (screwy, but this is the gummit, so what do you expect), so we filed a lawsuit against the TCEQ on March 2. The basis for the suit is essentially the same as the Motion for Reconsideration, that the TCEQ did not follow its own rules in granting the permit.
Air permit: The TCEQ denied the Air Permit. (Can you see me grinning
). The reason for the denial was the failure of Zumwalt to meet all the requirements of the permit, which he failed to do because he posted his legal notice in the wrong newspaper. He can reapply but will have to start the entire process all over again which will take a minimum of three months, probably longer.Note: The denial of the air permit was a total surprise - these permits are considered to be virtual slam dunks. Can't help wondering if the state's ongoing $5.7 million lawsuit against Zumwalt might have come into play.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the road improvements needed for his driveway permit.
We won a battle, and the war continues...
ERD50
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Another update on our battle to stop the quarry:
Water permit:
Air permit: The TCEQ denied the Air Permit. (Can you see me grinning
Driveway permit:
We won a battle, and the war continues...
That's they way to do it. Cause them enough delays, show them you are not a push over and they will look for greener (and hopefully more appropriate) pastures.
Keep up the pressure! Good Luck!
-ERD50
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
Update #3 on the quarry fight:
Water permit: Four responses have been filed to our Motion for Reconsideration asking the three TCEQ Commissioners to overturn the water pollution abatement plan approved by their agency.
- Zumwalt responded to say, in so many words, "You're full of it".
- Our state senator responded supporting our motion.
- The Executive Director of the TCEQ responded asking the Commissioners to grant our motion due to the failure of Zumwalt to properly disclose in his application the location was within the ETJ of the city of San Antonio. This application "error" was not corrected until two and one half months after the application was submitted and gave little time for San Antonio to respond prior to the plan's approval.
- The TECQ's Office of Public Interest Council (similar to an ombudsman) responded agreeing with the validity of five of the seven issues we outlined in our motion and asking the Commissioners to overturn the approved plan.
From what we've been able to learn the active support of both the Executive Director and the OPIC to overturn an agency decision is very unusual - as in almost unprecedented.
Air permit: We understand Zumwalt is in the process of filing a new air permit application using the proper public notification requirements.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway.
While we are very encouraged by the developments on the water permit, the three Commissioners who have the final say are political appointees (all by Gov Rick Perry) and are pro business. We are hoping for a favorable ruling but know they could ignore the recommendations of their own agency and let the permit stand.
Meanwhile, Zumwalt is using his approved water pollution permit to begin construction of roads, berms, and other site work. The water pollution permit allows him to do almost anything other than set-up and operate a rock crusher and crushed limestone gravel is what he wants to produce from the site. We hope a favorable ruling by the Commissioners, due by May 5, will put a stop to his activities, at least for a few months while we pursue other ways to prevent the quarry to go into operation.
Water permit: Four responses have been filed to our Motion for Reconsideration asking the three TCEQ Commissioners to overturn the water pollution abatement plan approved by their agency.
- Zumwalt responded to say, in so many words, "You're full of it".
- Our state senator responded supporting our motion.
- The Executive Director of the TCEQ responded asking the Commissioners to grant our motion due to the failure of Zumwalt to properly disclose in his application the location was within the ETJ of the city of San Antonio. This application "error" was not corrected until two and one half months after the application was submitted and gave little time for San Antonio to respond prior to the plan's approval.
- The TECQ's Office of Public Interest Council (similar to an ombudsman) responded agreeing with the validity of five of the seven issues we outlined in our motion and asking the Commissioners to overturn the approved plan.
From what we've been able to learn the active support of both the Executive Director and the OPIC to overturn an agency decision is very unusual - as in almost unprecedented.
Air permit: We understand Zumwalt is in the process of filing a new air permit application using the proper public notification requirements.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway.
While we are very encouraged by the developments on the water permit, the three Commissioners who have the final say are political appointees (all by Gov Rick Perry) and are pro business. We are hoping for a favorable ruling but know they could ignore the recommendations of their own agency and let the permit stand.
Meanwhile, Zumwalt is using his approved water pollution permit to begin construction of roads, berms, and other site work. The water pollution permit allows him to do almost anything other than set-up and operate a rock crusher and crushed limestone gravel is what he wants to produce from the site. We hope a favorable ruling by the Commissioners, due by May 5, will put a stop to his activities, at least for a few months while we pursue other ways to prevent the quarry to go into operation.
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
If anyone is still following this thread [-]you need to get a life[/-] here is an update:
Water permit: The TCEQ Commissioners voted unanimously today to approve our Motion for Reconsideration thus overturning the water pollution abatement plan approved by their agency in February. This will require Zumwalt to effectively begin the approval process over again and address both the technical issues we raised in our motion and open the door for the City of San Antonio to have input on his proposed plan. This will delay his application process for a number of months.
We understand the actions taken by the Commissioners today is uncommon and we are very pleased they agreed to overturn the permit.
Air permit: Zumwalt has filed again for an air permit, having started over again from square one since his first application was denied. Once he publishes public notice of the application we will again ask the public to inform the state of their opposition to granting the permit.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway.
Scorecard: Two permits applied for, zero permits awarded.
Water permit: The TCEQ Commissioners voted unanimously today to approve our Motion for Reconsideration thus overturning the water pollution abatement plan approved by their agency in February. This will require Zumwalt to effectively begin the approval process over again and address both the technical issues we raised in our motion and open the door for the City of San Antonio to have input on his proposed plan. This will delay his application process for a number of months.
We understand the actions taken by the Commissioners today is uncommon and we are very pleased they agreed to overturn the permit.
Air permit: Zumwalt has filed again for an air permit, having started over again from square one since his first application was denied. Once he publishes public notice of the application we will again ask the public to inform the state of their opposition to granting the permit.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway.
Scorecard: Two permits applied for, zero permits awarded.
bbbamI
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
I've got a life, but sometimes I prefer a different one....oh, and I'm glad he's being kept from gettin' his mitts on the mits.
W2R
Moderator Emeritus
All that permit blocking stuff sounds pretty tedious! Not many homes would inspire that much patience.
Bestwifeever
Moderator Emeritus
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The quarry guy will be like the burglar who sees the "This Home Protected by REWahoo" sign on the house and moves along to the next house rather than mess with REWahoo.
At the minimum you've received some breathing room and time to consider the next steps if quarry guy files for new permits. And QG knows you'll be ready, paperwork in hand.
At the minimum you've received some breathing room and time to consider the next steps if quarry guy files for new permits. And QG knows you'll be ready, paperwork in hand.
Westernskies
Thinks s/he gets paid by the post
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If anyone is still following this thread [-]you need to get a life[/-] here is an update:
Water permit: The TCEQ Commissioners voted unanimously today to approve our Motion for Reconsideration thus overturning the water pollution abatement plan approved by their agency in February. This will require Zumwalt to effectively begin the approval process over again and address both the technical issues we raised in our motion and open the door for the City of San Antonio to have input on his proposed plan. This will delay his application process for a number of months.
We understand the actions taken by the Commissioners today is uncommon and we are very pleased they agreed to overturn the permit.
Air permit: Zumwalt has filed again for an air permit, having started over again from square one since his first application was denied. Once he publishes public notice of the application we will again ask the public to inform the state of their opposition to granting the permit.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway.
Scorecard: Two permits applied for, zero permits awarded.
noli illegitimus carborundum...
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
Several months have gone by since my last update on our battle to stop the quarry. If anyone is interested...
Water permit: Zumwalt filed a revised water pollution abatement plan addressing all the issues we raised before the Commissioners in April. The City of San Antonio water system filed comments on the revised plan, objecting to a number of proposed operating procedures and urged the TCEQ to reject the application. We believe this will carry significant weight with the TCEQ and are optimistic the agency will not approve the plan until additional changes are made. Those changes could increase the cost of the quarry infrastructure by $200,000 to $400,000 which we hope will be cost prohibitive.
Air permit: Zumwalt filed again for an air permit and once again did not meet all the public notification/signage requirements. As a result, the public comment period was extended one month. A ruling on the air permit (approval anticipated) is expected by mid August.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway at his point of access. This probably won't happen before the air and water permits are approved.
Scorecard as of July 21: Two permits applied for, zero permits awarded.(The initial applications were submitted in November of 2009 with a proposed start date of January 2010).
Water permit: Zumwalt filed a revised water pollution abatement plan addressing all the issues we raised before the Commissioners in April. The City of San Antonio water system filed comments on the revised plan, objecting to a number of proposed operating procedures and urged the TCEQ to reject the application. We believe this will carry significant weight with the TCEQ and are optimistic the agency will not approve the plan until additional changes are made. Those changes could increase the cost of the quarry infrastructure by $200,000 to $400,000 which we hope will be cost prohibitive.
Air permit: Zumwalt filed again for an air permit and once again did not meet all the public notification/signage requirements. As a result, the public comment period was extended one month. A ruling on the air permit (approval anticipated) is expected by mid August.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway at his point of access. This probably won't happen before the air and water permits are approved.
Scorecard as of July 21: Two permits applied for, zero permits awarded.
(The initial applications were submitted in November of 2009 with a proposed start date of January 2010).
W2R
Moderator Emeritus
Great news, REW! That'll teach 'em to mess with y'all.... Sounds like that plan is DIW.
Sounds like that plan is DIW.
Bestwifeever
Moderator Emeritus
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Crossing my fingers for you and your neighbors that no dirty little deals get made.
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
I was asked to update the status of our ongoing battle to stop the quarry. Things aren't going too well:
Water permit: After the City of San Antonio voiced objections to a number of provisions in Zumwalt's revised water pollution abatement plan, he revised his plan once again addressing some, but not all the issues raised by the city. A decision by the state (TCEQ) is expected by the end of September, either approving the plan or asking for further revisions.
Air permit: After exhausting all our options, on August 11 the TCEQ granted Zumwalt an air permit to operate a rock crusher at the proposed quarry site.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway at his point of access. This probably won't happen before both the air and water permits are approved.
-----
We have no reason to believe the TCEQ won't approve the water permit now that Zumwalt has addressed a number of the outstanding issues. I think it is unlikely the permit will be delayed for further changes, but I'd love to be wrong in my assumption.
If the water plan is approved the quarry may begin operations. They cannot (legally) transport truckloads of crushed rock off-site until the driveway permit is granted, which will involve adding acceleration and turn lanes to the two-lane state highway or moving the driveway to another location. Of course this will take time to accomplish, but the quarry can be blasting, crushing and building stockpiles while road construction takes place.
Not good.
Water permit: After the City of San Antonio voiced objections to a number of provisions in Zumwalt's revised water pollution abatement plan, he revised his plan once again addressing some, but not all the issues raised by the city. A decision by the state (TCEQ) is expected by the end of September, either approving the plan or asking for further revisions.
Air permit: After exhausting all our options, on August 11 the TCEQ granted Zumwalt an air permit to operate a rock crusher at the proposed quarry site.
Driveway permit: Zumwalt still has not submitted plans to TXDot for the improvements needed to the state highway at his point of access. This probably won't happen before both the air and water permits are approved.
-----
We have no reason to believe the TCEQ won't approve the water permit now that Zumwalt has addressed a number of the outstanding issues. I think it is unlikely the permit will be delayed for further changes, but I'd love to be wrong in my assumption.
If the water plan is approved the quarry may begin operations. They cannot (legally) transport truckloads of crushed rock off-site until the driveway permit is granted, which will involve adding acceleration and turn lanes to the two-lane state highway or moving the driveway to another location. Of course this will take time to accomplish, but the quarry can be blasting, crushing and building stockpiles while road construction takes place.
Not good.
Bestwifeever
Moderator Emeritus
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That just sucks, REW. It was probably a fait accompli from the get go, but you fought a good fight.
W2R
Moderator Emeritus
How discouraging! I hope this turns out to be better than expected. I wonder how many of your neighbors planning on selling (or attempting to sell) if the quarry begins operations. It doesn't sound good.
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
Seven of the approximately 40 homes in the subdivision are for sale - four of those border the ranch/future quarry. Only one has sold.I wonder how many of your neighbors planning on selling (or attempting to sell) if the quarry begins operations. It doesn't sound good.
I'm taking some consolation in the fact our property doesn't border the ranch. We are 0.6 mile from the quarry site and we're behind a ridge, which will dampen some of the noise. We'll be in much better shape than the six houses located on top of that ridge who will be in direct line of sight of the quarry - and only a few hundred yards away. But the real hurt will be for the folks living in a couple of houses on the other side of the ranch/quarry. Those two houses are on another ridge looking down on the quarry, less than 400 yards away.
Rich_by_the_Bay
Moderator Emeritus
Will the compromises you forced him into make things any better than his original plans?
OP
OP
REWahoo
Give me a museum and I'll fill it. (Picasso) Give
Unfortunately, no. Even more unfortunately, one of the concerns voiced by the City of San Antonio will likely make his operation even more "noise polluting".
He had planned to locate his rock crusher and the diesel generator powering it inside the quarry pit, 25 feet or more below the surrounding terrain. The city had concerns the ever-deepening pit could uncover a fault in the rock which would allow a spill of diesel fuel to contaminate the underground aquifer which supplies more than half the drinking water to the city. Now it will be sitting on the surface at full volume rather than surrounded by rock walls dampening the noise.
Yeah, I know: another great example of The Law of Unintended Consequences.
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