County, City, School District & Hospital District Oppose Dos Republicas Coal Partnership Revised Water Discharge Permit at TCEQ Meeting
By: Jose Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
Maverick County, City of Eagle Pass, Eagle Pass Independent School District, and the Maverick County Hospital District spoke against the renewal and expansion of Dos Republicas Coal Partnership’s application for a water discharge permit of coal mining waste and storm waters into Elm Creek and the Rio Grande River from the Eagle Pass Mine at the Texas Commission on Environmental Quality (TCEQ) Public Meeting held on Thursday, January 22, 2015, at the City of Eagle Pass International Center for Trade in Eagle Pass, Texas.
During the TCEQ public meeting, Bridget C. Bohac, Chief Clerk of TCEQ, opened the public meeting for formal comments by the public after a question and answer session by representatives of Dos Republicas Coal Partnership and TCEQ staff regarding the proposed application.
Maverick County Judge David R. Saucedo was one of the first local governmental entities’ speakers at the TCEQ public meeting. Judge Saucedo stated: “I’m here representing Maverick County Commissioners Court and the people of this county, the great majority who opposes the Dos Republicas Coal Partnership open pit coal mine. I do not present myself as an expert in the technical issues involved in this permit application. My attorney’s and others who have studied the details of this application tell me that there are numerous deficiencies in it regarding the protection of our ground and surface waters. Therefore, I would like to address the subject that most concerns me, the health and safety of the citizens of our county and the protection of their property. If this permit is granted and mining begins operational it will discharge all its run-off and waste water into Elm Creek. Not only are their numerous county residents who own land along this creek, but also downstream of the mine and use the creek for recreational and ranching purposes. Less than two (2) miles away from the mine is a housing area known as Elm Creek Subdivision and South Elm Creek Subdivision. There are nearly 100 homes there. The dangers posed to the citizens who live there have been fully demonstrated by the floods that we have endured in the past two years. In June of 2013, over 15 inches of rain fell in the mine area in 24 hours. In June of 2014, 12 inches of rain fell in 24 hours in Spofford, Texas at the head waters of Elm Creek. Both of these rain events caused severe flooding and damage to the homes in the Elm Creek Subdivisions .”
Judge Saucedo noted that he has represented the community in the area of Elm Creek for many years and never before had the residents in that area experienced the severe flooding problems as the past two years, suffering two 100 year FEMA floods back to back.
Judge Saucedo added: “Although I understand the statement about the amount of people who sign a petition and how you don’t take that into consideration when a decision is made as long as requirements are met, some of the statements that were made earlier were referring to permits that were granted in 1996 and 2006. I believe that the playing field has changed because we have had two 100 year floods in the past two years. Most of the requirements that have been met deal with 6 inches of rain in a 24 hour period. We are no longer dealing with that. It’s different out here. I know directly what’s happening to people so when 8,000 people sign a petition they’re asking you to hear them out. They’re asking you to take into consideration what they need regardless of the fact if you’re meeting a requirement or not. I know that the fact that we have had those 2 floods allows you to go back and say wait a minute maybe we need to change this requirement. People in this community are getting affected and when you have more people sign a petition than you have that come out to vote that should be a message. Both you and I answer to the citizens. We have a responsibility to represent the rights of our communities and to take into consideration some of what you have seen in the last two years. So when you look at the requirements that have been met take into consideration that those requirements are met under the old playing field. I also want to say that not only is our County opposed but the City of Eagle Pass, the Eagle Pass Independent School District, and our Hospital district as well. Every major entity in our community is not in favor and they’re not in favor for a reason. We live here; we have to deal with it on a daily basis. Thank you.”
Eagle Pass Mayor Ramsey English Cantu also spoke during the comments section of the TCEQ public meeting. Mayor Cantu stated: “ As Mayor of our great city, I share those concerns. We share those same concerns. Today, joining me is City Councilwoman Gloria Hernandez and City Attorney Heriberto Morales. The City of Eagle Pass, County of Maverick, Maverick County Hospital District and numerous other entities have stood strong against the Dos Republicas Coal Partnership mining operation project for years now. The reason is that Dos Republicas poses a major threat to our health and environment in many aspects. No larger issue is at stake than the quality of our water. We as a community rely heavily on that one opportunity to have great clean quality water for our residents. We, the city of Eagle Pass City Council, represent over 27,000 residents and we must question and demand that the State of course be held responsible for any future of our community’s water shed and that of the Rio Grande River with the granting of such permit. This is why we oppose that this application be renewed and amended. It must be noted that the Eagle Pass Water Works system diverts water from the Rio Grande just downstream from where Dos Republicas Coal Partnership will discharge into the Elm Creek and then shortly after into the Rio Grande River. This is the source of drinking water for nearly 50,000 people in the city and county. Some citizens rely on water from the Elm Creek and the Hediondo Creek for domestic and livestock use. All citizens though rely on the Rio Grande for domestic water. Any contamination of this source will be catastrophic for the citizens of the community. Dos Republicas Coal Partnership waste water will include disconcerting pollutants including metals from coal mining into Elm Creek and ultimately into the Rio Grande is unacceptable without uncertainty that our current water quality will not be degraded. We believe that it is unlikely to be determined and therefore detrimental to grant such a permit to discharge mine waste water into our city’s only water supply.”
Mayor Cantu added that as an elected member of the TCEQ Border 2020 Initiative and as co-leader for the Amistad Task Force that it amazes him to think that TCEQ would go against their very own action plans which have been determined by border community leaders, TCEQ officials, and The U.S.-Mexico Border Health Commission of the Environmental Protection Agency to improve air, water and overall environmental concerns of the Amistad, Falcon and the Gulf Task Force respectfully…. It is important that we take into consideration not just the area of Eagle Pass but the entire border community.”
“With that said, the City of Eagle Pass believes that Dos Republicas Coal Partnership by their application and what they have stated have not come close to demonstrating that our water will be protected. For that reason, we are requesting TCEQ to deny this application and ensure the protection of our water supply that serves the residents of Eagle Pass and the entire Texas-Mexico border,” said Mayor Cantu.
Eagle Pass Independent School District Superintendent Gilberto Gonzalez also spoke on behalf of over 15,000 students and over 2,700 faculty and staff members cementing their opposition of the Dos Republicas Coal Partnership coal mine.
EPISD Superintendent Gonzalez stated: “In 2011, the Eagle Pass Independent School District Board passed a resolution opposing this coal mine. I am here to continue supporting that resolution. I’m concerned about the discharge into Elm Creek because we have a school of 430 elementary students and staff and this creek runs at close proximity of the school. As Superintendent, I’m an advocate for the health, safety and well-being of our students and I urge you to reconsider any of your actions that will endanger our health.”
Terri Patlan- Contreras, Chief Executive Officer, and Board of Director Dr. Ronald Hixson of the Maverick County Hospital District also spoke against the granting of the revised water discharge permit and read the Maverick County Hospital District Board of Directors’ resolution. The Hospital District resolution notes that the proposed Eagle Pass Mine discharge of coal mining waste and storm waters into Elm Creek and the Rio Grande River will contaminate and pollute the water quality and the biodiversity of the City of Eagle Pass’ Regional Water Treatment Plant to the detriment and injury to the public health of the citizens of Eagle Pass and Maverick County. The resolution further states that Maverick County is an underserved medical area with a shortage of physicians, nurses, health care workers and providers, and health care infrastructure and resources to manage and handle the increased public health diseases such as cancer, heart disease, stroke, and chronic pulmonary diseases that the Dos Republicas Coal Partnership coal mine will cause to the citizens of Eagle Pass and Maverick County.
Patlan-Contreras noted that her past experience with TCEQ regarding the permitting of a caliche pit in Maverick County near her home was disappointing as many residents’ public health have deteriorated and been affected since the approval of the caliche pit by TCEQ despite opposition by residents. Patlan-Contreras advised TCEQ that their regulatory and safety record is poor and lacking, causing serious concerns regarding their ability to regulate and monitor the proposed Dos Republicas Coal Partnership coal mine’s discharge of coal mining waste and storm waters into Elm Creek and the Rio Grande River.
Dr. Ronald Hixson stated that Maverick County has an uninsured rate of 35.5% among its citizens and over 30.5% of local citizens living below the poverty level. Dr. Hixson stated that the Dos Republicas Coal Partnership coal mine presents an environmental justice issue and an environmental and public health catastrophe for Maverick County citizens, according to the resolution.
