TCEQ and Vulcan Construction Materials file appeal in bid to overturn ruling against air-quality permit for Comal County quarry

The proposed quarry would have an 80-year build-out plan and excavate 60% of the 1,500 acres. (Courtesy Adobe Stock)
The proposed quarry would have an 80-year build-out plan and excavate 60% of the 1,500 acres. (Courtesy Adobe Stock)

The proposed quarry would have an 80-year build-out plan and excavate 60% of the 1,500 acres. (Courtesy Adobe Stock)

The ongoing legal battle surrounding a proposed 1,500-acre quarry owned by Vulcan Construction Materials, LLC has been taken to the 3rd Court of Appeals.

Vulcan and the Texas Commission on Environmental Quality filed an appeal on April 30 after a judge in the 459th District Court in Travis County called for the TCEQ’s approval of an air permit previously granted to Vulcan to be reversed.

On Dec. 8, Judge Maya Gamble heard a lawsuit filed by concerned citizens groups Friends of Dry Comal Creek and Stop 3009 Vulcan Quarry that aimed to reverse the November 2019 approval.

The citizen’s groups raised concerns that the new facility could increase air pollution, pose a threat to the Edwards Aquifer or lead to decreased property values in nearby neighborhoods, according to a press release from Stop 3009 Vulcan Quarry.

Gamble’s March 5 ruling stated the TCEQ’s determination that the proposed plant’s crystalline silica emissions would not negatively impact human health was not supported by substantial evidence.

Additionally, the judge ruled that Vulcan's air-dispersion modeling did not adequately account for cumulative affects of road emissions, and the company’s emissions calculations were not representative of the site.

According to the Texas Judicial Branch website, the appellants filed necessary docketing statements and submitted filing fees on May 10 and are required to submit an appellant brief to the court by June 14. A hearing date has not been set for the case.
By Lauren Canterberry
Lauren began covering New Braunfels for Community Impact Newspaper in 2019. Her reporting focuses on education, development, breaking news and community interest stories. Lauren is originally from South Carolina and is a graduate of the University of Georgia.


The property along FM 1102 has been rezoned for mixed-use development. (Courtesy city of New Braunfels)
One rezoning dies, another approved by New Braunfels City Council

A proposed rezoning at the intersection of Klein Road and Walnut Avenue was halted after council members did not make a motion on the item.

The Electric Reliability Council of Texas issued a call for Texans to conserve energy June 14. (Iain Oldman/Community Impact Newspaper)
ERCOT asks Texans to conserve energy with generation outages 2.5 times higher than normal

"This is unusual for this early in the summer season," said Woody Rickerson, ERCOT vice president of grid planning and operations, in a news release.

UT Austin football stadium filled with fans
In Austin and the rest of the nation, the business of college sports is changing

If Gov. Greg Abbott signs SB 1325 into law, Texas will join a number of other U.S. states in allowing college athletes to profit off their names, images and likenesses.

Lingering symptoms, long-term impact of COVID-19 will take time to fully understand

Dr. Mary Katherine Theoktisto answers questions regarding the virus.

Salvation Pizza, opening in the Austin-Bergstrom International Airport June 16, is one of several new pizza options in the Austin area. (Courtesy Salvation Pizza)
Pie chart: See a map of 11 new, coming-soon pizza options in the Austin area

New spots include Above Ground Pizza opening in New Bruanfels after several permitting delays and Salvation Pizza feeding travelers at the Austin-Bergstrom International Airport

The extension of Kenney Fort Boulevard is underway north of Hwy. 79. (Amy Bryant/Community Impact Newspaper)
North-south road in Round Rock makes progress; homestead exemption OK'd in Leander and more Central Texas news

Read the top business and community news from the past week from the Central Texas area.

Gov. Greg Abbott, center signed Senate Bills 2 and 3 into law June 8 in response to the devastating winter storm last February. (Trent Thompson/Community Impact Newspaper)
Gov. Abbott signs bills to reform ERCOT and weatherize Texas power grid

The bills will go into effect Sept. 1 and aim to reform ERCOT leadership and increase accountability and communication among power agencies.

How healthy are these 5 Central Texas counties?

Williamson County ranked as one of the top counties in Texas and the top county in Central Texas when measuring length and quality of life. Travis County ranked next in the grouping.

Work was previously completed on other portions of Rio Drive. (Courtesy New Braunfels Utilities)
Portion of Rio Drive in New Braunfels to remain closed until early July

The work is part of NBU's efforts to install 42-inch sanitary sewer lines.