Railroad Commission of Texas Holds Public Hearing on Dos Republicas Coal Partnership’s Application to Renew Coal Mine Permit
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2019
The Railroad Commission of Texas under Administrative Law Judge Kyle L. Lebby held a public hearing during April 3 and 4, 2019 in Eagle Pass, Texas, regarding Dos Republicas Coal Partnership’s Application to Renew and Extend Permit 42-B to operate the controversial open surface coal mine named “Eagle Pass Mine,” located on the densely populated area of FM 1588 (Thompson Road) in Maverick County and about three miles north of the City of Eagle Pass city limits, for an additional five year period. The “Eagle Pass Mine” is referred by Maverick County citizens as “Dos Republicas Coal Mine.”
During the first day of the Railroad Commission of Texas Public Hearing on Wednesday, April 3, 2019, Administrative Law Judge Kyle L. Lebby welcomed everyone and stated that the Commission had received a total of 17 requests for party status from local governmental entities, organizations, farmers, ranchers, and individuals prior to the start of the hearing and would take any additional requests for party status during the public hearing subject to any objections from any party.
Over 200 persons attended the public hearing on Wednesday, April 3rd, with over 100 employees of North American Coal and Camino Real Fuels, operators of the controversial Eagle Pass Mine, in attendance and another 100 or so persons representing local governmental entities, organizations, farmers, ranchers, concerned citizens, and businesses also in attendance.
The first to speak at the April 3rd public hearing was Eagle Pass Mayor Ramsey English Cantu on behalf of the City of Eagle Pass and its City Council, expressing the City of Eagle Pass’s concerns regarding the potential contamination of its air and water and the affect of the controversial Eagle Pass Mine on the public health and safety of the citizens of Eagle Pass. The City of Eagle Pass is requesting party status in the case.
The second person to speak was a gentleman from Holt Caterpillar who expressed his company supplies the Dos Republicas Coal Mine and its operators with equipment, parts and service and supports the coal mine.
The next speaker was Attorney David Frederick of Austin, Texas on behalf of Maverick County, Texas, stating Maverick County’s request for party status and opposition to the controversial coal mine due to the potential contamination of the air and water of the citizens of Maverick County among other reasons. Maverick County Judge David R. Saucedo attended the public hearing on behalf of Maverick County Commissioners Court and the citizens of Maverick County.
The next 11 speakers were either vendors of the Dos Republicas Coal Mine or its operators and employees of the controversial coal mine, all making public comments in support of the coal mine. Among these speakers included Cory Peterson, Tim Wachoski, Yanath Fuentes, Wesley Scott, David Butz, Sergio De La Garza, Arlo Villarreal, Tony Rios, Guillermo Rodriguez, Victor Lopez, and Fernando Lopez.
The next speakers at the April 3rd public hearing requested party status. Maverick County Water Control and Improvement District No. 1 General Manager Cynthia Martinez spoke on behalf of the District’s Board of Directors and members, presenting the District’s concerns regarding the contamination of Lateral 20 water arising from coal dust emanating from the Dos Republicas Coal Mine citing a Texas Commission on Environmental Quality (TCEQ) Study in 2018 that found such a violation. Martinez, however, pointed out that the District did not oppose or favor the Dos Republicas Coal Mine, but rather wanted the Railroad Commission of Texas to enforce and monitor its environmental rules against the coal mine.
Maverick County long time farmers Walter and Layde Herring were represented by their attorney who noted the Herrings opposition to the coal mine due to the controversial Dos Republicas Coal Mine’s contamination of their farm, livestock, crops, and water. The Herring Farm is adjacent to the controversial Dos Republicas Coal Mine.
San Antonio attorney and cattle rancher Ryland Howard spoke on behalf of two family-owned partnerships who own a ranch on Elm Creek near the Dos Republicas Coal Mine and requested party status in the Railroad Commission of Texas hearing regarding Dos Republicas Coal Partnership’s Application to Renew the coal mine permit. The Howard Family ranch is leased to Maverick County farmer Martin Wall, who also appeared together with Ryland Howard.
Eagle Pass attorney Javier Riojas representing the Maverick County Environmental and Public Health Association (MCEPHA) requested party status for the association in opposition to the Dos Republicas Coal Mine, citing air and water contamination, noise pollution, extinction of endangered species such as the Ocelot and Jaguarundi, and destruction of Native American archaelogoical sites and sacred burial sites.
Maverick County property owner Ana Gamez requested party status against the Dos Republicas Coal Mine since her homestead is located adjacent to the coal mine, citing air and water contamination, noise pollution, and other reasons.
Maverick County property owners Ana and Luis Guevara whose homestead is close to the Dos Republicas Coal Mine requested party status in opposition to the coal mine due to air and water contamination caused by the coal mine.
Siesta Acres Subdivision property owner Jerry Brower whose homestead is located near the Dos Republicas Coal Mine and the Union Pacific Railroad track requested party status against the coal mine, citing that his wife recently passed away from cancer and that he has developed Chronic Obstructive Pulmonary Disease (COPD) since the Dos Republicas Coal Mine commenced operations.
Retired United States Customs and Border Protection Officer and rancher Ricardo Ruiz whose ranch is adjacent to the Dos Republicas Coal Mine requested party status against the coal mine, citing air and water contamination, his livestock, crops, and potential extinction of endangered species.
Maverick County property owner Jose Casares who owns two properties along Elm Creek near the Dos Republicas Coal Mine requested party status against the coal mine, citing air and water contamination.
Maria Torres, Tribal Chairwoman of the Paquache Tribe of Texas, requested party status against the coal mine presenting 20 exhibits demonstrating the desecration of historical and sacred archaelogical sites and burial grounds at the Dos Republicas Coal Mine Permit Area, the failure to follow federal and state laws concerning Native American Archaelogical Sites, and the failure to consult with the Paquache Tribe of Texas and other tribes concerning the removal of Native American Sacred Human Remains from historical burial grounds.
Maverick County property owner Luis Martinez who owns a small ranch on Elm Creek requested party status against the Dos Republicas Coal Mine citing air and water contamination as well as the pollution of Elm Creek and its fish among other reasons.
Maverick County retired United States Army Veteran and rancher Gabriel and Leticia De La Cerda also requested party status against the Dos Republicas Coal Mine for their ranch on Elm Creek near the coal mine, citing air and water contamination, contamination of Elm Creek and its fish, and coal dust affecting their personal health.
Maverick County property owner Lourdes Esqueda whose homestead is near the Dos Republicas Coal Mine requested party status against the Dos Republicas Coal Mine, citing air and water contamination, coal dust contamination, noise pollution, contamination of domestic use water from the Maverick County Water Control and Improvement District No. 1’s Lateral 20, personal health, livestock, and crops.
The second day of the Railroad Commission of Texas Public Hearing held on Thursday, April 4th, resumed receiving public comments and party status requests from Maverick County citizens. Administrative Law Judge Kyle L. Lebby allowed every person interested in making a public comment or requesting party status to do so.
Maverick County property owner Lourdes Esqueda returned on April 4th to present Judge Lebby with an email dated March 23, 2019 in which she requested party status, but was returned as not going through email. Judge Lebby acknowledged Esqueda’s statement and copy of her email.
Eagle Pass business owner Charles Edward Mauer made public comments in favor of Dos Republicas Coal Mine citing his business benefits from selling equipment, parts, and service to the coal mine and its operators.
Retired United States Army Ranger and United States Border Patrol Officer, George Baxter, President of the Maverick County Environmental and Public Health Association, presented the MCEPHA request for party status citing air and water contamination, coal dust pollution, extinction of endangered species, public health, Chronic Obstructive Pulmonary Diseases, and other reasons.
Retired Eagle Pass Teacher’s Aide and Computer Lab Manager, Juanita V. Martinez, presented public comments against the Dos Republicas Coal Mine citing air and water contamination, public health issues, and other reasons.
Maverick County Environmental and Public Health Association member, Martha Baxter, requested party status against the Dos Republicas Coal Mine citing air and water contamination, coal dust pollution, public health issues, Chronic Obstructive Pulmonary Diseases, and other reasons.
Maverick County Environmental and Public Health Association member, Angie Pitasi, presented public comments concerning public health issues and the potential contamination of air and water among other reasons.
Retired Educator and MCEPHA member, Diana Hardt, presented public comments regarding the potential contamination of the air and water in the community arising from the Dos Republicas Coal Mine.
Other speakers presenting public comments in favor of Dos Republicas Coal Mine were employees, contractors, or vendors, including Javier Castillo, Amy Garza, Juan Martinez, Diana Aleman, and Gerardo Zavala.
At the conclusion of April 4th Public Hearing, Judge Kyle L. Lebby set the following deadlines in the Administrative Hearing: Persons requesting party status in the case who were unable to personally attend the April 3 and 4 hearing have until April 22, 2019 to apply by affidavit; Objections to Party Status and Exhibits admitted at the hearing must be made by May 8, 2019; and Responses to Objections to Party Status and Exhibits must be made by May 17, 2019.
Judge Lebby commended the citizens of Maverick County for their genuine public comments and hospitality provided to him and the staff of the Railroad Commission of Texas during the April 3 and 4, 2019 Public Hearing.
