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FLYING BAR D RANCH DEVELOPMENT OPPOSITION
- Digital Vantage Marketing
- Sep 3, 2024
- 8 min read
FLYING BAR D RANCH DEVELOPMENT OPPOSITION
In early 2024, CULP was informed that a large residential development to be located off of FM 725 and adjacent to Deadman’s Creek was in the planning stage. A review of the developer’s promotional literature and project layout showed that the Flying Bar D Ranch development would encompass 312 acres with 1000 home sites and a waterfront park which includes a boat ramp on Deadman’s Creek. The boat ramp would allow direct access to Lake Placid through way of dredging the wetlands area adjacent to the development to a point on Deadman’s Creek with sufficient water depth to allow boating access to Lake Placid. News of the proposed development was a serious concern to the CULP board for a number of reasons, including but not limited to the following:
· Safety concerns related to recreational boat access to Lake Placid for up to 1000 households on a lake that is already overcrowded
· Dredging of sensitive wetland areas on Deadman’s Creek which host a diverse array of wildlife (avian and aquatic)
· Storm water run-off leading to degraded water quality, erosion and significantly increased flood risk
· Wastewater release into the Guadalupe River system
· Loss of farm/ranch land and wildlife habitat
· Strain on domestic water supplies causing increased costs and potential shortages
· Traffic congestion on FM 725 and surrounding areas
· Fire safety issues related to high density housing
· Strain on community resources such as law enforcement, utilities and fire prevention
Along with Craig Russell (SS American Memorial Foundation), whose property borders the planned development and Deadman’s Creek, the CULP board started formulating a plan to organize opposition to the development. This began by collecting pertinent information on the planned development, educating ourselves on the permitting process and monitoring any new developments in the situation. We also started contacting other potential stakeholders such as Guadalupe County, the City of Seguin, the Texas Commission on Environmental Quality (TCEQ), Texas Parks and Wildlife, political leaders and selected environmental organizations to gauge their concerns and better understand their respective roles in the approval process.
Since then CULP’s involvement in the opposition process has evolved significantly. CULP directors, CULP members, Craig Russell and others have met with community leaders and have attended Count Commissioner’s Court meetings, City Council
meetings and Green Valley SUD meetings and have drafted letters to key stakeholders. Some key developments are as follows:
· State Senator Roland Gutierrez has requested a public meeting with the TCEQ on the Flying Bar D wastewater treatment permit application
· The developer’s application for a dredging permit was reportedly denied by the US Corps of Engineers resulting in their dropping plans for boat ramps allowing access to Lake Placid. We are in the process of confirming this information.
· Flying Bar D Ranch has modified their plan to increase the number of home sites from 1000 to 1400. Homes will be densely spaced with minimum allowable setbacks.
· Guadalupe County Commissioner’s Court (7/23/24 meeting) has declined all developer’s requests for setback variances and has informally expressed opposition to the development on a number of grounds. The Commissioner’s Court is considering submitting a letter to the TCEQ opposing the developer’s wastewater treatment application. The County Commissioners recognize that the TCEQ can approve the developer’s wastewater permit with or without their approval.
· The Seguin City Council (8/6/24 meeting) agreed to submit a letter to the TCEQ in opposition to the developer’s wastewater permit application. Flying Bar D has opted out of the City's Extra-territorial Jurisdiction (ETJ) and has filed to opt out of the City's Certificate of Care and Necessity (CC&N).
· CULP has engaged the services of an environmental law firm with significant experience in assisting clients in opposing projects and/or practices potentially destructive to the environment. Our attorneys will aid us in tracking the various permitting processes and will provide guidance with respect to formulating and implementing an effective plan to stop, delay, or at the very least, to effect positive changes in Flying Bar D Ranch’s development plan
· Flying Bar D has applied to the Green Valley Special Utility District for supply of water to the proposed development. Their application is currently under consideration by the GVSUD Board of Directors. CULP and Craig Russell have made a presentation to the Board and are actively monitoring the application process.
· The Flying Bar D wastewater treatment plan specifies that the effluent from the wastewater treatment plant (average 350 thousand gallons/day) will be piped approximately 2 miles, then discharged into Campbell Branch which empties into Elm Creek, then to Cottonwood Creek and finally into the Guadalupe River upstream of Nolte Island Park. CULP is currently working to identify and contact property owners along the effluent discharge route to inform them of the Flying Bar D’s wastewater treatment plan and to aid them in drafting letters to the TCEQ opposing the wastewater permit application.
Fortunately, we are still early enough in the approval process to be able to provide meaningful input. This input includes drafting letters to the TCEQ, Guadalupe County, the City of Seguin and public officials such as state senators and representatives. This input also includes attending all public meetings and/or hearings where this matter is up for consideration. We have been advised by other stakeholders with experience in these matters that public opposition in the form of letters and turnout at meetings is absolutely critical to our eventual success.
WHAT YOU CAN DO
The CULP Board of Directors strongly urges CULP members and the lake front community as a whole to get involved in opposing the Flying Bar D Ranch development for the reasons outlined above. Specific measures that we encourage are outlined below:
Letters of Opposition
Letters of opposition should vary in content depending on the recipient organization’s area of concern/influence and to the proximity of the property owner submitting the letter to the activity he/she is opposed to. Also, we have been told by those intimately familiar with the opposition process that sending "cookie cutter" letters is less effective than individually composed letters. As such, we will offer guidelines for subject matter rather than a template or form letter. As much as possible, your letter should be as detailed as possible with respect to specific concerns and be targeted to the organization best qualified to address your concerns. Letters should also identify where their property is in relation to the development. General suggestions for letters to various organizations are provided below along with mailing addresses, email addresses, and where applicable, links to online portals
Guadalupe County Commissioners
Letters or comments to the county commissioners should, at the least, be sent to the commissioner for the precinct which your property is located in and to the county judge. If you send by e-mail, you might consider sending it your county commissioner and copying the other commissioners and the county judge, unless you would prefer the message to be private.
Letters to the county commissioners should accurately reflect your concerns. Those specific to your property’s location and your situation are the most effective. Since the county is responsible for providing public services they should be interested in matters such as flood control, fire safety, traffic congestion, public safety and disaster relief. Suggestions are:
· Effects of storm water runoff: Most storm water runoff from the development will drain into Deadman’s Creek and thus into Lake Placid. Due to the elevation drop over the development property (over 100’) and to the high density nature of the development which results in a large area of impermeable surfaces, such as pavement and roofs, the effects of storm water runoff could be huge. Effects will include greatly increased risk of flooding, erosion of property bordering Deadman’s Creek and pollution from hydrocarbons and other substances associated with paving. This should be a concern for anyone with property on Lake Placid and downstream of Lake Placid
· Wastewater release into the Guadalupe River system
· Odors from wastewater treatment plant, if applicable
· Loss of farm/ranch land and wildlife habitat
· Strain on domestic water supplies causing increased costs and potential shortages
· Traffic congestion on FM 725 and surrounding areas if applicable to your location
· Fire safety issues related to high density housing
· Strain on community resources such as law enforcement, utilities and fire prevention
· Potential effects of wastewater effluent on water wells (if applicable)
Contact information is as follows:
Precinct 1
Greg Seidenberger
Commissioner Pct 1 101 East Court Street Seguin, Texas 78155 Tel: 830-303-8857, Press 1 Fax: 830-303-4064
Precinct 2 Drew Engelke Commissioner, Pct 2101 East Court Street Seguin, Texas 78155 830-303-8857, press 2 FAX (830) 303-4064
Precinct 3 Michael Carpenter Commissioner, Pct 3
101 East Court Street Seguin, Texas 78155 830-303-8857, press 3 Cell: 210-452-8003 FAX (830) 303-4064
Email: Carpenter@ co.guadalupe.tx.us
Precinct 4 Stephen Germann Commissioner, Pct 4
101 East Court Street Seguin, Texas 78155 830-303-8857, press 4 FAX (830) 303-4064
Email: Stephen.germann@ co.guadalupe.tx.us
County Judge Kyle Kutscher County Judge
101 East Court Street Seguin, Texas 78155 830-303-8867
Email: Kyle.kutscher@ co.guadalupe.tx.us
City of Seguin
Letters to the City of Seguin should be sent to the City Manager, Steve Parker. Comments should accurately reflect your concerns in as much detail as possible. Since the City is generally downstream from Deadman’s Creek, storm water runoff and associated flooding should be a major concern. Since the City could possibly end up providing some services to Flying Bar D Ranch, they should be interested in matters such as wastewater, domestic water, fire safety, traffic congestion, and uncontrolled growth. Contact information is as follows:
Steve Parker
City Manager
205 N. River Street Seguin, TX 78155 Phone: 830-401-2302
Fax: 830-386-2588 Email: Sparker@seguintexas.gov
TCEQ
The TCEQ is responsible for regulating wastewater discharge and storm water runoff. Opposition letters to the wastewater discharge permit application should focus on wastewater concerns, but can also address other environmental issues such as storm water runoff, groundwater pollution and habitat destruction. Property owners in close proximity to the wastewater treatment facility and within one mile downstream of the discharge location are named in the wastewater permit application (pg 75) and have standing. As such, their comments are given greater consideration than comments from property owners further downstream or from upstream property owners. Nevertheless, property owners without standing who oppose the permit application should still make their opposition known by submitting comments. Generally comment letters should be as detailed as possible, and raise all the issues the commenter may have concerns about, e.g., odors, water quality, impacts to wildlife or livestock, flooding, and contamination of groundwater. If they have water wells for livestock and/or domestic use, this should be stated. If they are affected by the discharge pipeline right-of-way, this should be noted. The commenters should also identify where their property is in relation to the applicant's, so if they are on the list, they should say that, but if not, describe their property and describe how proximity is related to their concerns. For example, the permit application includes wind rose maps which describe the prevailing wind directions. Property owners downwind from the wastewater treatment facility may be affected by foul odors.
Opposition letters may be submitted to the TCEQ electronically using the link shown below, or by ground mail. https://www14.tceq.texas.gov/epic/eComment/Index.cfm?fuseaction=main.welcome
The permit number is WQ0016485001. If the link says "timed out" just hit "reset"
Contact information is as follows:
Mail to:
Office of the Chief Clerk, MC 105
TCEQ
PO Box 13087
Austin, TX 78711-3087
If you mail your comments, please make sure you include the permit application number.
Once again, the support of the Lake Placid community in actively opposing the Flying Bar D Ranch development is critical if we are to avoid the damaging impacts to Lake Placid associated with poorly planned development. The CULP board will endeavor to keep you abreast of any important developments in our fight and will alert you to the need to participate in public meetings and or hearings. In the meantime, please send letters of opposition to the organization listed above and spread the word to others in our community. If you have questions or suggestions, please don’t hesitate to contact Clark Weldon at cpweldon@sbcglobal.net or Bill Fisher at bfisher2009@hotmail.com
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