IMPORTANT ANNOUNCEMENT CONCERNING THE FLYING BAR D DEVELOPMENT

All,

I just wanted to let you know if you don't already that the TCEQ will be hosting a public meeting at the Silver Center, 510 E Court, Seguin at 7:00PM on January 28th to consider the developer's request for a permit to release treated wastewater into the Guadalupe River at its confluence with Cottonwood Creek downstream from Lake Placid. CULP has been consulting with our attorney who is assisting us with our opposition to the Flying Bar D Ranch Development She will be attending the TCEQ meeting with us on January 28. She STRONGLY encourages us to turn out as many CULP members and other affected parties as humanly possible. It matters! We turned out a number of concerned property owners at a recent meeting of the Green Valley SUD board and were rewarded with Green Valley rejecting Flying Bar D's request for water service. We were told by several board members that our presence was important. We also turned out at a Guadalupe County Commissioner's Court meeting last fall and at a Seguin City Council meeting around the same time. In the case of the County Commissioner's Court, the developer's request for easement/setback variances were unanimously rejected. We have since learned that the development company has sued Guadalupe County over the variance request denial. This is indicative of the type of people we are dealing with. We have contacted key players with the City and County and are hopeful that both parties will weigh in at the upcoming meeting. For those property owners in close proximity to the proposed wastewater facilities, and are thus named in the permit request, your comments receive the most weight. If you are on this list or are downstream of the discharge point or know someone who is, we need your help. Our attorney has provided us a list of suggested talking points for the meeting that I have included below:

Issues to consider raising in comments to TCEQ regarding the wastewater discharge permit:

- Location and proximity to the proposed development/discharge location: The TCEQ staff reviewing the application and preparing the permit basically conduct a desktop review. They need to hear from people who live, recreate, or use the area, and a description of any important details of the area, including where your property is located or where the property you use is relative to the facility and proposed point of discharge. Do you live there, or do you spend time visiting family members who live there? Do you spend time outside? Do you have animals that drink from the unnamed tributary, Campbell Branch, Cottonwood Creek, etc.? Look at a Google map and estimate how far and in what direction your property is from the discharge location or the wastewater treatment plant. Connect the dots about your use and enjoyment and the following potential impacts.

- Odors: All wastewater treatment facilities produce odors. This plant will be on the northern end of the property, near the river, meaning people in that area will likely smell the facility.

- Notice: Some of these landowners across from Deadman's Creek did not receive notice. Their property may be less than 0.5 mile from the plant and would be impacted by odors.

- Nutrients: Nutrients like phosphorus and nitrogen can cause algae blooms, particularly in shallow streams with low flow. There is no phosphorus limits proposed with this discharge, making it likely that the effluent will contain high concentrations of phosphorus, which can encourage aquatic vegetation to grow. This can also lower oxygen in the water and harm aquatic wildlife.

- Other pollutants of concern in domestic wastewater: In addition to nutrients, domestic wastewater contains pollutants such as pharmaceuticals, microplastics, bacteria, and other constituents that are not proposed to be regulated by TCEQ's draft permit. If animals and people, particularly young people or immunocompromised come into contact with the effluent, the effluent could be harmful to their health.

- Groundwater: Are there any private groundwater wells nearby? There is nothing in the application that explains the proximity of the closest groundwater well. Wastewater effluent can seep into groundwater and contaminate wells and there are distance restrictions in TCEQ's rules for this reason.

- Existing service and capacity: The Application acknowledges that it is in the service area of the City of Seguin, and additionally the discharge location is inside Seguin city limits and there is at least one other wastewater treatment facility within 3 miles. The Application does not specifically answer the question about whether other facilities have capacity. In fact, the City of Seguin does, but the applicant just does not want to meet the conditions that would be necessary to connect. This is not acceptable.

- The application proposes to pump the effluent from the wastewater treatment facility using a force main for approximately two miles, including across FM 725 and another property. There is nothing in the application that demonstrates the applicant has permission to use this property or cross FM 725, nor is there any description about a lift station or the way to provide necessary pressure to the force main.

If any of you do not have a copy of the permit application and/or the map of the discharge route, please let me know. Also please let me know if you plan on attending the meeting and commenting. If you have any questions regarding the issues or if you have suggestions on how to oppose this, please let me know.

I look forward to seeing you at the meeting.

Thanks,

Clark Weldon

Citizens United for Lake Placid (CULP)

281-639-0553