Controversial open surface coal mine in Eagle Pass approved by split decision of Railroad Commission of Texas
By: Jose G. Landa
Eagle Pass Business Journal©
The highly controversial proposed open surface coal mine on the banks of Elm Creek, a direct water tributary of the Rio Grande River, sought by Dos Republicas Coal Partnership was approved by the Railroad Commission of Texas on a split decision, 2-1, on Tuesday, January 29, 2013, in Austin, Texas despite vehement and overwhelming opposition by local governmental entities, organization, landowners, farmers, and ranchers.
Texas Railroad Commissioner David Porter voted against renewing, revising, and expanding Permit 42-A, Eagle Pass Mine, requested by Dos Republicas Coal Partnership, a Texas partnership between two Texas corporations wholly-owned by a subsidiary of Mexican steel and coal conglomerate Grupo Acerero del Norte, S,A, and Altos Hornos de Mexico,S.A. (Grupo GAN/AHMSA), stating that the applicant had failed to meet its burden of proof of having a viable water plan or an alternative to water supply to operate the open surface coal mine located north of the city limits of Eagle Pass, Maverick County, Texas, on the Texas-Mexico border.
During the Railroad Commission’s public hearing in 2012, Dos Republicas Coal Partnership’s President and General Counsel, Andres Gonzalez Coss Saravia testified that the company did not have enough contracted water supplies to operate the mine.
Railroad Commission Chairman Barry Smitherman and Commissioner Christi Craddick nonetheless voted to approve Dos Republicas Coal Partnership’s application to renew, revise, and expand Permit 42-A, Eagle Pass Mine.
Eagle Pass Mayor Ramsey English Cantu spoke before the Texas Railroad Commission requesting the permit be denied citing the City of Eagle Pass concerns regarding the potential contamination of its municipal potable water supply as the city’s water treatment plant is downstream from where the Elm Creek discharges into the Rio Grande River. Dos Republicas Coal Partnership plans to discharge coal mine waste into Elm Creek, which in turn discharges into the Rio Grande River at Seco Mines.
Maverick County Judge David Saucedo also spoke before the Railroad Commission requesting the permit be denied arguing that the open surface coal mine may potentially contaminate and pollute the air and water quality of Maverick County citizens affecting the very young and old. County Judge Saucedo told the Railroad Commissioners that “the people of Maverick County vehemently and overwhelmingly oppose the Eagle Pass Coal Mine.” Judge Saucedo requested the Railroad Commission to “place the protection of Maverick County citizens first.”
Maverick County citizen, Juanita V. Martinez, addressed the Railroad Commission as a concerned citizen and retired educator pleading that the Commission “think of the children” that will be affected by the effects of the open pit coal mine, particularly school children near the coal mine site.
Maverick County Environmental and Public Health Association Vice-President George Baxter also addressed the Railroad Commission requesting the permit be denied because the open pit coal mine was “not in the best interests of Texas.” Baxter pointed out the dangers of proposed blasting within the coal mine permit area to existing old underground coal mine shafts near and adjacent to the site.
Maverick County Hospital District Board of Director, Ricardo E. Calderon, advised the Railroad Commission that Maverick County is an underserved health community and does not have the public health resources to address the illnesses and diseases which are associated with the opening and operation of an open surface coal mine. Calderon pointed Maverick County does not have sufficient medical doctors and specialists to handle illnesses and diseases arising from coal mining. Calderon stated that granting the permit would be an “environmental injustice and an environmental catastrophe waiting to happen if the Commission grants the permit.”
Austinite Kenneth Koym representing the Indigenous Institute and Sacred Studies told the Railroad Commissioners that there are Native American artifacts and burial grounds located within the Eagle Pass Mine permit area that will be disturbed and destroyed by the coal mining activities and requested them to deny the permit.
San Antonian Maria Torres of the Coahuiltecan Indian Tribe, Pasquache Tilijayo Band, also addressed the Railroad Commission and pointed out that there are thousands of Native American artifacts and burial grounds within the Eagle Pass Mine permit area which will be violated and disturbed if the permit was granted, requesting the permit be denied.
The Kickapoo Traditional Tribe of Texas had been a party to the case opposing the permit but unexpectedly withdrew its opposition on May 4, 2012, after its Tribal Council members received a private tour of Dos Republicas Coal Partnership’s Mexican parent company open pit coal mining operations in Piedras Negras, Coahuila, Mexico.
The parties now have 30 days to file an appeal of the Texas Railroad Commission’s final decision to approve the permit.
