 and landowner Ann Toepperwein.){kind=link}
Helotes, Aug. 14, 2024 — The three governing commissioners for the Texas Commission on Environmental Quality voted today to grant a contested case hearing for the San Antonio Metropolitan Health District, the Greater Edwards Aquifer Alliance (GEAA) and landowner Ann Toepperwein, in opposition to a wastewater permit for the proposed Guajolote Ranch development in northwest Bexar County. It denied affected party status for the San Antonio Water System and the cities of Helotes and Grey Forest.
For the approvals, the three-member commission referred the matter to the State Office of Administrative Hearings (SOAH), which has up to six months from the time the case gets to them to set a hearing on the merits of the permit. SOAH is an independent state agency that manages hearings in contested cases, employing administrative law judges.
The commissioners’ decision is an important initial victory for opponents worried about the effect of the development on drinking water, recreational spaces and quality of life throughout the San Antonio area. Florida-based Lennar Corp. plans to build 2,900 homes on 1,160 acres of the project, located about two miles north of Grey Forest, and west of the intersection of Scenic Loop and Babcock roads. More than 30 of the opponents made the trip to Austin for the meeting, holding signs like, “It’s Best to Contest,” “Don’t Neglect to Protect” and “Don’t Make a Mess of Texas.”
Lennar’s wastewater operator, Municipal Operations LLC, is seeking the permit from TCEQ to dump an average of 1 million gallons per day, and as much as 4 million gallons daily, of treated wastewater into Helotes Creek that recharges the Trinity Glen Rose Aquifer, the primary water source in the area, and flows across the contributing zone and enters the recharge zone of the Edwards Aquifer, San Antonio’s principal source of drinking water.
The TCEQ commissioners also voted to refer several issues raised by GEAA to SOAH for hearing, including those relating to proper notice to adjacent landowners, water quality, impacts to wildlife and endangered species, compliance with odor control and abatement requirements, compliance with applicable siting requirements, adequate identification of the proposed wastewater facility’s operator, and compliance with the state’s regionalization policy.
“Getting to a contested-case hearing is a victory unto itself. It’s a great day,” said Randy Neumann, of the Scenic Loop Helotes Creek Alliance.
In all, about 80 neighbors and other individuals and entities filed to contest the permit application, fearing illness or high costs of retrofits to safeguard their wells or water systems — if not too late. They believe that pollutants entering the aquifer, like harmful “forever chemicals,” would seriously threaten the health, safety and welfare of those living in and around San Antonio.
Among the opposition, in addition to GEAA and Grey Forest, are Mayor Ron Nirenberg, the San Antonio Metropolitan Health District, the San Antonio Water System, the city of Helotes, State Rep. Mark Dorazio and State Sen. Roland Gutierrez.
The city of San Antonio vigorously asserted its authority to protect the city’s water supply from the threat posed by the proposed permit in its argument for a contested case hearing. SAWS, representing the City and Metro Health, filed a response to Municipal Operations and the TCEQ executive director citing state statute giving the City the authority to “prohibit the potential pollution or degradation of streams that may constitute or recharge the source of San Antonio’s water supply.” SAWS currently does not pretreat water from the Edwards Aquifer that supplies nearly half of the utility’s potable water.
Similarly, GEAA and the city of Grey Forest argued that the proximity to the proposed discharge point and direct effects on water quality and recreational spaces merit a contested case hearing. Both the executive director and OPIC recommended a contested case hearing for GEAA (and therefore, for all its members as affected parties), though only the executive director recommended one for Grey Forest.
The Huntress family of San Antonio owns Guajolote Ranch, as for-profit Guajolote Ranch Inc., with Lennar holding an option to purchase the property. The owners made a public filing in March 2023, petitioning Bexar County Commissioners Court to create a Public Improvement District (PID) to be named the Guajolote Ranch Special Improvement District. It provides a glimpse of the vision for an overall residential and commercial development.
The PID calls for the county to authorize the district for more than $138 million in public “improvements” paid for in part by new taxes and issuance of bonds, saying it is “necessary” for economic development. It would support “residential and commercial activity” and “business and commercial activity,” and impose sales and use taxes in addition to ad valorem taxes.
CONTACTS:
Greater Edwards Aquifer Alliance: Annalisa Peace, 210-320-6294 / [email protected]
Grey Forest Mayor: Paul Garro, 210-710-0742 / [email protected]
Scenic Loop Helotes Creek Alliance: Randy Neumann, 210-867-2826 / [email protected] & Steve Lee 210-415-2402 / [email protected]
Sams Ranch Road residents: Lynette Munson, (Ann Toepperwein’s daughter) 210-317-8415 / [email protected]
(Property at ground zero where wastewater would leave Guajolote Ranch and enter Helotes Creek. She could help arrange interviews with others along the creek).
Altair landowners: Susy Dickerson, 210-843-3358 / [email protected]
The Scenic Loop Helotes Creek Alliance, “Save Scenic Loop” – Scenic Loop – Helotes Creek Alliance supports protection and preservation of the region’s natural beauty and resources.
The Greater Edwards Aquifer Alliance unites fifty-nine member organizations behind a comprehensive plan to protect regional karst aquifers, their springs and watersheds, and the Texas Hill Country.
For more information visit www.AquiferAlliance.org
Annalisa Peace
Greater Edwards Aquifer Alliance
1809 Blanco Road
San Antonio, Tx 78212