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July 27, 2012

SOAH hears from residents on proposed Cooke County sand mine development

— Officials from the State Office of Administrative Hearings (SOAH) released documents this week outlining the registered “interested parties” and a timeline of hearings related to the EOG Resources, Inc., frac sand mine in Cooke County, and its application for an air permit.

Up-to-speed

The release derives from a court session in Gainesville on July 12, when SOAH judges Penny Wilkov and Travis Vickery heard testimony from several people looking to join an official record and be part of future air permit hearings during the coming months. This includes opponents and proponents of the mine. Many of the “interested parties” are Cooke and Montague county residents who question the safety measures that parent company EOG intends to take when using its 1,400-acre mine to process silica-based sand.

During the past 14 months, local critics of the project have said the sand contains deadly carcinogens and must be properly contained and constantly monitored once the mine is actually in full operation. Future hearings will determine the company’s eligibility for a Texas Commission on Environmental Quality (TCEQ) air permit that allows the full operation — though the mine has been in development since early 2011, and though EOG has already invested more than $30 million in developing it.

Many of the “interested parties” are not only local residents but live and work near the mine in development. And along with possible air contamination, they insist the frac mining operation will result in water contamination and a monopoly of water stores from nearby aquifers.

Other parties include attorneys for EOG plus members of TCEQ and the Office of Public Interest Counsel.

Parties on record

Party: EOG Resources, Inc. (permit applicant); representatives: Casey A. Bell and Allen Eli Bell, attorney.

Party: TCEQ executive director; representative: Betsy Peticolas, litigation division staff attorney.

Party: OPIC; representative: Amy Swanholm, assistant public interest counsel.

Parties: Rebecca Harris, Holly Harris-Bayer and Red River Motorcycle Trails, Inc., Recreation Park; representative: Charles W. Irvine, attorney.

Party: Cooke County commissioners’ court; representative: John Roane, Cooke County judge.

Parties: Mary E. Del Olmo, John Frederick, Mike Bartush, J’Lynn Hare, Wildcat Archery, Bartush Land & Cattle Company, Blue Ostrich Winery and Vineyard, and Arche Winery (all under Red River Agriculture and Wildlife Tourism); representative: Mary E. Del Olmo.

Parties: Penny Jordan, Jenny and John Shiffer, Barbara and Donald Rohmer, Joan and David Brockett, Roger Reiter, Susan Nelson, Nancee Turlington, Rita Blakely, Bob Wartman, Marina Greenhill, A.J. Knabe, Robert Fazen, Wylie Harris, Rhelda Harris, Terry Fender, Ozlem Altiok, Janis Sneed, Ivars Lusis, Patty Fleitman, Judith Kulp and Joy Philpott (all under Save the Trinity Aquifer); representative, Penny Jordan.

Party: Kathy Nielsen; representative: self.

Timeline of activities

Aug. 10 — Deadline to file motions in favor of changing the hearing venues to Gainesville, Texas.

Aug. 17 — Applicant (EOG) designates expert witnesses; deadline to file responses to motions to change the venue location.

Sept. 4 — OPIC representatives designate expert witnesses.

Sept. 19 — Mine-protesting parties designate expert witnesses.

Oct. 1 — TCEQ executive director designates expert witnesses.

Feb. 1, 2013 — Discovery term ends, including depositions.

Feb. 4, 2013 — Applicant (EOG) files prefiled testimony.

Feb. 15, 2013 — Mine-protesting parties file prefiled testimony.

March 1, 2013 — TCEQ executive director and OPIC representatives file prefiled testimony.

March 15, 2013 — Objections to prefiled testimonies filed.

March 22, 2013 — Responses to objections to prefiled testimony filed.

April 8, 2013 — Prehearing conference.

April 15-19, 2013 — Hearing on the merits of the case.

 

 

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