Serving Kerr County with a Conscience

Kerr County Quarry Meeting

SHOCK AND DESPAIR DESCRIBE VICTIMS OF MARTIN MARIETTA

January 28, 2016, from Kerrville, Texas

Gravel Giant Martin Marietta (MM) Rushes Ahead

On Wednesday evening, January 27 at 6 p.m. at the Kerr County Livestock Pavilion, a tragic event unfolded as residents of Kerr County attended a “town hall meeting” scheduled by Precinct Two Commissioner Tom Moser. Many people attended; the parking lot at the pavilion was full and all of the chairs were taken in the vast hall. The subject was corporate mogul Martin Marietta’s new Kerr County gravel mine, which has been established in the ETJ (extra territorial jurisdiction) of the city of Kerrville, amidst subdivisions, heavy Highway 27 traffic, and across the street from Our Lady of The Hills Catholic High School.

In spite of the meeting scheduled last night and ongoing efforts to stop the mine, MM chose to ignore local, county, and state officials, and began excavations on the property the week of January 18th.

Victims in Shock

The mood could be described as one of shock and despair as surrounding property owners and those affected by the mine wandered in and out of the meeting. As revealed by some public questions, the large majority had never been involved in such a conflict before, and they were ill-equipped to deal with the complexities of fighting the gravel mine. Several asked “Will Kerr County buy the property after it is mined?” Obviously the answer to this question is “No.” Many were bitterly resigned to the fact that their homes, the result of a life-time’s work that they hoped to pass onto their children, were suddenly rendered worthless. One attendee, Mrs. Donald Oates, had lived in her house for 40 years, and had already given it to her children; now instead of the beautiful Guadalupe Valley river view, the property would be overlooking a gravel mine, with all of the attendant dust, dirt, noise, and traffic.

Moser Censures Testimony

The meeting was sponsored by the Kerr County Commissioner’s Court. Tom Moser, Commissioner for the gravel mine’s precinct, planned the “Town Hall Meeting.” This meeting, with rules set down by Moser, was not a public hearing--which would be subject to the state’s Open Meetings Act, and a matter of record. Attendees were told that they would not allowed to give testimony or to speak but had to write questions down on cards which were then read by Tom Pollard, the Kerr County Judge. Moser’s handling of the issue included cautioning the attendees that their testimony should remain “cordial” and that an armed Kerr County sheriff’s deputy had been stationed at the back of the room to maintain order.

Bureaucrats and Martin Marietta Allowed to Speak and Given Much Time

An endless parade of bureaucrats and Martin Marietta’s well-funded public relations division droned on for over an hour: Mike Coward from TXDOT; Ray Buck of the UGRA; John Hewitt, the discredited Kerr County Flood Plain Administrator (see an article about Hewitt’s conflict of interest when he worked for the Old River Road RV Park, on this website); TCEQ (Texas Commission on Environmental Quality), who granted MM’s permit the same day that it was submitted last week; Kerr County Airport Administrator Bruce McKenzie; and Tom Pollard, Kerr County Judge. MM’s Chance Allen stated in his presentation that MM “appreciated working in Kerr County, and that’s why we are here.” Moser was elected to the Precinct Two post on a campaign platform to put an end to the quarry depredations; his term will be over soon, with this promise unrealized, and no real effort to make it happen. Earlier newspaper articles quoted Moser as defending MM’s “property rights,” but Moser did not mention the property rights of the many residents so negatively affected by the mine—his own constituency.

City of Kerrville and Mayor Pratt Offer Hope

Mayor Jack Pratt of the City of Kerrville offered hope for MM’s victims, and he was the only elected official that spoke out forcefully against the gravel mine. Citing the loss of property tax revenues from the surrounding area’s diminished values, the quarry’s enormous groundwater demands, and the property rights of the adjacent homeowners, he said that the City of Kerrville had started annexation proceedings and would move forward with their plans to annex the MM property and its surrounding suburbs and stop the mining. MM’s past record in similar situations insures that they will probably sue the City of Kerrville. Pratt is up for re-election in May, and he and the city will need all the citizen support they can muster to win such a battle.

Trevor Hyde, President of Comanche Trace, Speaks Against MM

Jay Colvin Sold the New Quarry Site to MM for Five Million Dollars

By 8 p.m. Moser’s efforts to contain residents’ outrage had failed, and people began spontaneously demanding questions of MM and TCEQ. One of the most outspoken was Trevor Hyde, the President of Comanche Trace, an upscale subdivision nearby. Hyde handed out a 4-page publication (see attached) showing the new mine location as it looks today and an “After” photo of MM’s Bedrock quarry site on Hwy. 27, showing the utter devastation of the Guadalupe River and the landscape. According to Hyde, MM paid 5 million dollars for the new quarry site, which was purchased from Jay Colvin. Colvin is the brother of Richard Colvin, the former owner of approx. 400 acres further east on Hwy. 27. Richard Colvin was responsible for destroying the landscape and river with gravel mines, desecrating the Wellborn Family Cemetery, burying dead cows along the river, and planning an RV Park in the floodplain—before he lost it all in bankruptcy in 2010. Another handout showed the Bedrock facility clouded in dust, with a caption reading “Quarries in Kerr County DO NOT control dust, dirt, and noise, and TCEQ does nothing.” Krystal Henagan, Texas Field Organizer for Moms Clean Air Force (www.momscleanairforce.org) was also at the meeting, taking notes and talking to residents.

Fate of Depleted Mines an Issue: Remediation

MM stated that 45 acre feet of groundwater per year was purchased with the property (one acre foot is equal to 325,851 gallons, making MM’s yearly withdrawal 14 million six hundred sixty three thousand, two hundred and ninety five gallons—14,663,295 gallons—in an area of Kerr County known for its water depletion.) James F. Hayes, who formerly served as Director at Large on the Headwaters Groundwater Conservation Board, said that groundwater granted to MM by Headwaters violated regulations. Ray Buck, the Director of the UGRA, announced that the UGRA and the Kerr County Commissioners Court had recently completed an Interlocal agreement that would allow the holes created by the mines to be used as water “reservoirs.” This scheme has been criticized by water experts as not being feasible. At the very least, the reservoirs would hold water that should be going back to property owners’ wells and the Guadalupe River. The majority of other states place stringent rules and regulations on gravel mining, including complete remediation of the site after mining is completed. The state of Texas, largely due to well-funded corporate lobbying by entities such as the TACA, the Texas Aggregate and Concrete Association, allows gravel mining to destroy adjacent property owners with impunity, and then walk away from the eyesores left behind.

Adjacent Property Owners Sued MM in 2007

Martin Marietta expanded their Center Point Bedrock mining operation in 2007 when they started leasing a parcel just across Hwy. 27 from the Kerr County Airport, owned by developer Max Duncan. The 2007 mine is located at the NE corner of the historic H.M. Naylor Ranch, owned by J. Nelson Happy and Mary J. Matthews. After promises from then-Precinct Two Commissioner Bill Williams that MM’s floodplain permit would not be granted—promises that were reneged upon when all of the Commissioners voted FOR the permit to be granted—Matthews and Happy sued MM. A matter of public record, the lawsuit declared the gravel mine a “nuisance.” Two commissioners who voted for that gravel mine in 2008 are still on the Kerr County Commissioners Court: Buster Baldwin and Jonathan Letz. Former Commissioners Williams, Oehler, and Judge Tinley would undoubtedly still be serving as well, had they not died. Matthews and Happy settled with MM but the details of that settlement are covered by a confidentiality agreement. That parcel has now been mined out and Matthews and Happy are wrangling with MM over MM’s compliance with their agreement.

Further Actions

There are things that you, as an individual, can do. Kerr County Conscience advises citizens affected by the new Martin Marietta mine to unify into one organization and sue Martin Marietta. When combined with the city’s opposition, this may convince MM that mining this parcel is too big a price to pay. Even if a citizens’ lawsuit isn’t able to stop the mining, a lawsuit could force MM to only mine 8-5 during the week, no weekends or holidays, maintain dust and noise controls, control weeds and oak wilt, and after so many years of mining perform remediation.

By Mary J. Matthews for Kerr County Conscience

www.kerrcountyconscience.com

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Agenda – Kerr County Conscience Meeting

Agenda – Kerr County Conscience Meeting

Thursday, June 10, 2010 7:00 p.m. American Legion Hall, Center Point

The public is cordially invited and we look forward to meeting you!

THE ISSUES
Despite published announcements of slight increases, county taxes have risen substantially for some folks in the eastern part of Kerr County. Property owners have minimal time to file an appeal. We plan to talk about how to do that.

Now that the law regarding the Extra-Territorial Jurisdiction (ETJ) has been interpreted to avoid arbitration between the city and the county, we’ll discuss what the ETJ is and how it affects us all.

Learn the proper and legal way to handle it, when you know someone has begun a building or clearing project that involves waterway or floodplain, or on the banks of a waterway.

THE MEETING

  • Sign-in and Opportunity to Join Kerr County Conscience
  • Call to Order, Introductions, and Announcements
  • Minutes
  • Treasurer’s Report
  • Issues
  • Discussion
  • Adjourn

NOTES
You’re cordially invited to join Kerr County Conscience, if you have not done so already. E-membership is $5/year. Mailed memberships are $15/year, to cover postage and/or supplies.

If you’re mailing your membership, or a (much needed, much appreciated) contribution to the cause, please send % KCC Membership Chairman, PO Box 127, Center Point, TX 78010. Thank you!

Refreshments are served to members and guests, before and after the meeting, at no charge. However, if you would like to donate to the “Treats Kitty,” KCC would like to say, “Thank you!

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