City of Kerrville hires attorney to review West Texas Aggregate, LLC’s TCEQ application

West Texas Aggregate, LLC, has applied to the Texas Commission on Environmental Quality (TCEQ) for an air quality standard permit, which would authorize the Midland company to construct and operate a permanent rock crusher on property within the City of Kerrville’s city limits.

The Kerrville City Council adopted a resolution on January 12, 2021 expressing its collective concerns regarding the use for the property located south of the intersection of Al Mooney Road and State Highway 27 (Memorial Boulevard). Council remains concerned about the potential nuisances stemming from this proposed use, a use that Council believes is incompatible with surrounding uses.

Earlier this week, the TCEQ provided notice of its intent to hold a public meeting via webcast on April 6, 2021 beginning at 7 p.m. regarding this application. Information concerning this meeting may be found on the city’s website and at this link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

The City is concerned about the proposed location of this permanent rock and concrete crusher operation (quarry) for reasons including its impact on water quality due to the adjacency of the site to the Guadalupe River and the location being incompatible to areas surrounding it such as the airport, industry and residential areas.

Council is also concerned that the TCEQ’s approval of this permit may result in significant negative impacts to the health, safety, and welfare of its citizens; water quality and availability; the watershed and floodplain; air quality; traffic flow; roadway safety; wildlife habitat; and property values within the City and its extraterritorial jurisdiction.

Council is aware that other entities and businesses have submitted written comments and concerns to TCEQ. Since the adoption of its resolution expressing opposition to this use, City Council has discussed this issue at several meetings and recently voted to authorize City staff to take appropriate action to protect its interests, including the interests of neighboring property owners and the airport, with respect to mitigating the impact of the West Texas Aggregate operation.

Toward that end, the City has hired an attorney to review West Texas Aggregate’s application with the TCEQ. The attorney and a consulting engineer will provide their opinion as to the legality and technical sufficiency of the application, and may then submit this form to the TCEQ as part of its review of this application.

The City and its attorney will both participate in the April 6 meeting called by the TCEQ, where the TCEQ will provide information, answer questions, and discuss West Texas Aggregate’s application.