Possible Violations of Texas Commission on Environmnetal Quality (TCEQ) Regulations
[Website Administrator’s Note: TCEQ has responded to this complaint stating that the location is not in violation at this time because it covers less than one acre. If the addition of parking or other construction activity increases the project size to greater than one acre in the future, the location will need to be in compliance with TCEQ regulations.]
The City Council’s Senior Center / Council Chambers construction project has been reported to TCEQ for violations of state environmental quality regulations. Following is correspondence to date regarding those violations:
Text of Complaint to TCEQ:
As a concerned citizen of Stephenville, Texas, I have observed that surface preparation and clearance have commenced on a site within city limits for which there is no evidence of compliance with requirements stipulated under the TPDES Program Authority, Construction General Permit TXR150000. The site is located at the 200 block of North Vine Street, Stephenville, Texas 76401. The site is property owned by the City of Stephenville, and I believe that it is intended to construct a city-owned building and parking lot, although there is no notice at the site as to the construction product. The area of disturbance is greater than 1 acre. There is no posting at the site for CGP compliance. There are no discharge barriers present at the site, and the location is less than 200 yards from both the North Bosque River and a direct tributary to the North Bosque River. The current disturbance includes removal of a portion of a paved trail that was previously constructed under a TPDES permit.
Letter notifying the City Council of the violations and the complaint:
3 June 2022
Councilman Gerald Cook
298 W Washington St.
Stephenville, TX 76401
Dear Councilman Cook,
I am the Stephenville resident who lodged a complaint on 1 June 2022, with the Texas Commission on Environmental Quality (TCEQ) concerning noncompliance with requirements for stormwater pollution prevention in association with the construction project that has commenced on city property in the 200 block of North Vine Street. The text of my complaint is provided at the end of this message, and the complaint has been assigned #380566 by TCEQ. I lodged the complaint in order to have the activity at the site stopped as soon as possible, and remain suspended until suitable measures for compliance with applicable regulations are put in place. To further this goal, I placed a courtesy call to City Hall the following morning with notification of the complaint. I was contacted later that day by Mr. Nick Williams, concerning my complaint. Mr. Williams indicated that he was not aware of the stated issue and would immediately proceed to investigate the situation. I consider this a courtesy because if TCEQ determines that a violation has occurred, resulting fines could accrue daily from the date of commencement of the project, and this notification should have allowed for immediate work stoppage that would end the period for penalties.
In addition to the issue addressed in my complaint to TCEQ, I wish to make you aware that I consider the placement of a building and parking lot at the site, as it is currently being executed, to be unacceptable from the perspective of historic preservation and aesthetics. The focal point of this objection is the very large live oak tree that is located at the site, and which I believe will be either directly or indirectly destroyed by this project. This tree is a plateau live oak (Quercus fusiformis), and based on a variety of standard estimating formulae, it may be well over 200 years old. As such, it represents a treasured aspect of Stephenville history, as well as being a spectacular specimen that is priceless to the aesthetic of the Bosque River Trail. This construction project directly endangers this tree, through direct damage by construction equipment, fill placement, and pruning, which can result in death of the tree due to trauma, and through indirect damage due to exposure to infection by oak wilt (Bretziella fagacearum), which is already widespread in Erath County. In addition, the placement of a building, piping, concrete and other unnatural surfaces will cover the essential root area of the tree, resulting in eventual death over a more extended period of time. To provide adequate protection to the tree, the project must implement use of a root delineation and protection system by an ISA Certified Arborist. I request that this measure be planned and implemented before proceeding with the project.
I respect and thank you for seeking and assuming the responsibilities of your position to serve the residents of Stephenville, and I thank you in advance for considering the merits of my plea for relief in this matter. I would be happy to discuss these and any other aspects of the project with you directly. My contact information is:
Marsha Stephens
Response from TCEQ:
From: Deana Hetherington
Sent: Monday, June 6, 2022 9:09 AM
To:
Subject: Stormwater Complaint-City of Stephenville
Good Morning, Ms. Stephens.
I have received your complaint concerning active construction on a City of Stephenville property without stormwater controls. I will investigate this site during the week of June 27th. Please let me know if you have any updated information related to the site.
Regards,
Deana Hetherington, REM
Environmental Investigator-Stormwater
TCEQ DFW Region
2309 Gravel Drive, Fort Worth, Texas 76118
(817) 588-5870
