Dos Republicas Coal Partnership lobbies Eagle Pass Water Works Board of Trustees
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
The controversial open surface coal mining Dos Republicas Coal Partnership, a Texas partnership owned by two Texas corporations wholly owned by a Mexican company, continued its intense lobbying efforts of local governmental entities at the regular Eagle Pass Water Works and Sewer System (EPWWS) Board of Trustees meeting held on Tuesday, May 5, 2015 by making a self-requested public relations presentation to the local water entity.
Fireworks erupted during the EPWWS Board of Trustees meeting as Eagle Pass Mayor Ramsey English Cantu, an ex-officio board member, raised a legal issue regarding the compliance of the agenda item listed as “Request from Rudy Rodriguez from Dos Republicas Coal Mine to be placed on the agenda to give a presentation and update on the Dos Republicas Coal Mine” with the Texas Open Meetings Act and the Board’s procedures for placing items on its agenda.
Mayor Cantu stated that he had an issue with the EPWWS Board of Trustees allowing for a presentation by Dos Republicas public relations director, Rudy Rodriguez, when the agenda item called for a request to be placed on the agenda to give a presentation, but not to give a presentation at this May 5, 2015 meeting. Mayor Cantu noted that the agenda item was deficient as written. Mayor Cantu raised with his fellow Board of Trustees the lack of compliance with its agenda item placement policies and procedures.
“What is the process that we have right now in order to get items into the agenda or was this something that was agreed upon by members of this board? The way that I’m reading it, says to discuss that the item be placed on the agenda,” said Mayor Cantu.
EPWWS General Manager Jorge Barrera defended the agenda item as being within the EPWWS Board of Trustees polices and procedures for placement of agenda items stating that it was only a presentational update requested by Dos Republicas itself. A similar situation occurred earlier this year with the Eagle Pass City Council wherein Dos Republicas requested to be placed on the City Council agenda and was placed on an agenda but later backed down from making a presentation when issues surfaced whether City Council policies and procedures had been followed on the placement of agenda items.
The EPWWS Board of Trustees discussed the important issue raised by Mayor Cantu, but a majority of the Board agreed to allow Dos Republicas public relations director, Rudy Rodriguez, to make a public presentation before the Board’s public meeting despite the deficient agenda item’s possible non-compliance with the Texas Open Meetings Act. The Texas Open Meetings Act requires that the public receive notice of the agenda items to be discussed or presented before the EPWWS Board of Trustees and any action to be taken on said agenda items. The deficient wording of the Dos Republicas request to make a presentation to the EPWWS Board on its agenda may possibly lack specificity for the public to have received notice of this agenda item.
Dos Republicas paid public relations director, Rudy Rodriguez, proceeded to make a public presentation on the status of the controversial Eagle Pass Mine to the EPWWS Board of Trustees. Rodriguez introduced Dos Republicas representative John Duffy to the EPWWS Board and Duffy proceeded to present an update of the open surface coal mine on the banks of Elm Creek. An earlier EPWWS Board previously approved a resolution in opposition to the controversial Dos Republicas’ Eagle Pass Mine on January 18, 2011.
Duffy presented a public relations power point program to provide an overall presentation regarding open surface coal mining issues such as reclamation, type of equipment and machinery used in an open pit coal mine, worker safety issues, water retention ponds, temporary offices, employee bath houses, warehouse facilities, coal handling facility, railroad loop and track constructed, and general open pit coal mining procedures.
“We are just finishing up the mine development stage,” said Duffy. ‘We have up to five coal seams that we will be mining. What we have here is bituminous coal. The best coal in Texas is right here in Eagle Pass. You guys are very fortunate to have this quality of coal,” added Duffy.
Bituminous coal or black coal is a relatively soft coal containing a tarlike substance called bitumen. It is of higher quality than lignite coal but of poorer quality than anthracite.
Duffy noted that the Dos Republicas coal mine is estimated and planned to deliver 1,270,000 tons of coal this year and in the future it will increase to 2,500,000 to 3,000,000 tons.
Duffy stated that the DRCP mine will be operating its maintenance department out of shipping containers that will have a roof installed while the permanent facility is under construction. “That will get us by for a few months,” said Duffy.
“Rail operations, we got the main line switch on the Union Pacific main line. By the end of the week, we will have about 6,000 feet of track built on the rail line. The rail loop will be large enough to handle 150 car trains,” said Duffy.
Duffy also presented the EPWSS Board with some numbers from a business conference and employment job fair held earlier by Dos Republicas.
“Over 200 businesses signed up to become vendors to the operation. The job fair that we conducted had over 700 people show up. People here are really interested in working out there,” said Duffy.
“So far, we have 49 people that are hired out there. 31 are salaried staff and 18 are in the workforce. We plan on increasing by 118, so will be up to 167 employees. If you include the contractors that are on the site, we will have roughly about 300 people,” said Duffy.
EPWSS Board member Jose “Joe” Rodriguez raised a question to Duffy, asking him if the quality of the water in the sediment ponds was at the same level as water from the EPWSS effluent water. “We are using that to water our parks. Is it of the same quality?,” said Rodriguez.
“There are strict water quality standards, we can’t even discharge those waters unless we meet those quality standards,’ replied Duffy.
Board member Rodriguez asked Duffy if the Texas Commission on Environmental Quality(TCEQ) tested the water in the sedimentation or retention ponds before discharging it into Elm Creek and the Rio Grande River.
“We test it before we discharge it,” answered Duffy.
“So, do you have federal monitors or do you monitor it on your own?,” questioned Board member Rodriguez.
“That part of it TCEQ turns it over to the Rail Road Commission. If you want to go into it deeper, we have an environmentalist specialist that can answer all those questions,” replied Duffy. “It’s a concern of the community,” said Rodriguez. Rodriguez noted the community is extremely concerned about the quality of the coal mining waste water that is going to be discharged from the coal mine into Elm Creek and thence the Rio Grande River. The EPWWS regional water treatment plant is about one mile downstream on the Rio Grande from Elm Creek’s discharge into the Rio Grande.
EPWSS Board member Dr. Claudia Wright questioned Duffy regarding the air pollution and quality coming from the Dos Republicas coal mine. Duffy replied that they have air quality monitors throughout the coal mine operation and 13 ground water monitors, too.
“Compared to the Nueva Rosita mines in Mexico, I went down there and when I came back you blew your nose and out came this black soot. It’s pretty bad down there at least that’s what we experienced from personal experience. Is this anything like that?,” asked Board member Jose Rodriguez. “No. No. The U.S has such strict standards on air quality and water quality,” replied Duffy.
Duffy discussed the dust suppression process that is going to be used during the coal mining operation to control air pollution and quality, including the use of water spraying to keep coal mining dust from blowing into the community. “We have very strict standards in controlling the dust,” said Duffy.
Dr. Wright stated she was interested in the open pit coal mine’s self-regulatory air and water quality processes to better understand if it is what is being promised that is going to be.
Dos Republicas public relations director Rudy Rodriguez jumped in and mentioned that TCEQ and the regulatory agencies do check up on the coal mining operation. “There is no notification whenever they come to inspect the mine. They come out several times a month. We usually see them at least once a month. The air monitors are inspected every 6 days,” replied Duffy.
Boar member Rodriguez asked if at the present time there is any coal mining being done. Duffy answered that they are in the process of uncovering the first seam. “It is then going to be prepared for shipment and will go down the main line to Mexico,” said Duffy.
“You have people here that are concerned about the health hazards, That is what you probably have to address-those concerns and see if that will ease some of the concerns,” said Board member Rodriguez.
Former EPWWS General Manager and now EPWWS Water Consultant Roberto Gonzalez quickly jumped in and stated that TCEQ follows certain procedures to ensure that water quality of the Eagle Pass regional water plant are maintained and that those same procedures will be followed to check on the Dos Republicas coal mine’s water quality.
“Does TCEQ follow the same process, unannounced and check your water?” asked Roberto Gonzalez to Duffy. “Yes, they do,” replied Duffy in harmony. Duffy stated that the responsibility had been assigned to the Texas Rail Road Commission.
Roberto Gonzalez stated that the community’s concerns were all legitimate concerns and that he believes that the Dos Republicas coal mine’s wastewater discharges will not harm the City of Eagle Pass regional water plant’s water quality. “I think that somebody from the municipal water system along with the state and somebody from the mine should get together and make sure that whatever is being discharged can test and say the water is not harming the water that the city is pulling out and have everybody at peace,” said Roberto Gonzalez. “It is a concern and question, and it is a legitimate question,” said Roberto Gonzalez. “I think at least that way everyone’s mind can be put to rest” said Gonzalez
“We want to be transparent absolutely,” chimed in Rudy Rodriguez.
Rodriguez stated Dos Republicas wants to show how the coal mining process operates in order to address the community’s concerns, including environmental concerns.
“The concern is at what expense is the health of our citizens going to suffer, and I think that you all need to address that and ease those fears,” said Board member Jose Rodriguez.
Board member Jose Rodriguez noted that it is a fact that the jobs are needed in the community, but most importantly the health hazards and concerns need to be carefully looked and addressed before anything else is done.
Dr. Claudia Wright concurred with Rodriguez and stated that the community’s environmental and public health concerns are valid and merit attention and a response by Dos Republicas.
Dr. Wright noted that she had not heard of an environmentalist specialist on site until today and that this was important to tell the community. Duffy added that they have a contract with a laboratory in San Antonio for third party testing as well. “Within our company, we also have environmental audits,” said Duffy. Duffy stated that under these audits they are given recommendations on how to improve the process and operation to adhere to all regulations.
Board member Jose Rodriguez raised a question to Duffy and Rodriguez: “Has North American Coal ever been cited for violating environmental statutes and regulations?”
“On the contrary, to that I can tell you that we have plaques and plaques of environmental awards. I don’t know what the statistics are of that,” replied Duffy. “But I can tell you from the other side that we have many, many, awards from re –vegetation on wildlife activity, and restoring the land in better condition,” answered Duffy.
Duffy, however, did not answer Board member Jose Rodriguez’s question if North American Coal has ever been cited for any violations of environmental regulations and statutes. Duffy skirted the question.
Also present at the public meeting were several members of the Maverick County Environmental and Public Health Association, whom oppose the Dos Republicas open surface coal mine. One member stated that Dos Republicas’ presentation was just another lobbying effort by the coal mining company to try to persuade the EPWWS Board of Trustees to support the controversial open surface coal mine. Another Maverick County Environmental and Public Health Association member stated that Dos Republicas does not yet have all the necessary permits to begin operations of the Eagle Pass Mine, lacking the Maverick County Flood Plain Zone Construction permit and the TCEQ Water Discharge permit. It is anticipated that Dos Republicas will, or already has, request the EPWWS Board of Trustees to provide water to the open pit coal mine for its administrative office and operations.
The City of Eagle Pass is currently in litigation with Dos Republicas Coal Partnership in opposition to the Eagle Pass Mine. Should the EPWWS Board of Trustees approve in the immediate future to sell City-water to Dos Republicas, it would be inconsistent with the City of Eagle Pass’ legal position, the existing EPWWS Resolution against the coal mine, and the majority of the community’s opposition to the open surface coal mine. The EPWWS is a City of Eagle Pass-owned governmental entity. Stay tuned.
The EPWWS Board of Trustees is composed of President Hugo Zapata, Larry Martin, Dr. Claudia Wright, Jose “Joe” Rodriguez, and Mayor Ramsey English Cantu.
