Water contamination concerns spark pushback against quarry construction above Edwards Aquifer

COMAL COUNTY, Texas (KXAN) — Milann Guckian has one well on her property just north of New Braunfels.

“This is my only source of water. That’s it,” Guckian said about the small pump and the nearby reservoir.

Just 350 feet from her front door, she says a threat to her well and livelihood could soon move in: a quarry. Guckian worries it could contaminate her water.

“We bought this property in 1996. Planning on retiring here, you know, a good 20-plus years out,” Guckian said. She built what she called her dream home. Vaulted ceilings are crossed with wooden beams. Photos of dogs, nieces, nephews, godchildren and “grand god-children” line the walls.

In one corner of the home, a book room. Thousands of first edition hardcovers (mainly James Patterson and Tom Clancy) line the shelves, stacked high and organized by author.

She expected she would have more time to read following a long career working in refineries along the Texas coast.

“We had built this house, got it ready and finished it in 2016. Retired May of 2017. Got here and within just a few short weeks, the property across the street had been sold,” Guckian said.

Vulcan Materials, an Alabama-based construction aggregate producer, bought the 1,500-acre plot.

“One of our neighbors noticed an 18-by-24 inch sign behind the weeds on the fence line and realized what it was and immediately called, ‘hey, we need to have a little meet,'” Guckian recalled.

The group of landowners who all lived surrounding the land discovered Vulcan planned to build a quarry.

Vulcan Materials declined an interview for this story. But a company spokesperson with Vulcan Materials said in a statement:

“At Vulcan Materials, we are committed to meeting environmental regulations and we take pride in being responsible stewards of the land, air, and water we all share.  We’ve operated in San Antonio, and surrounding counties, for decades and will continue to maintain the safe and reliable operations that the communities and customers we serve trust us to deliver.”

Retirement plans disrupted

Guckian and her neighbors formed a group, the Preserve Our Hill Country Environment Foundation , to push back against the quarry’s construction. Guckian had to learn about the law, the steps that would be taken to build the quarry and what she could do to prevent it.

At first, she admits, the fight was a sort of “not in my backyard,” but over time she has learned more about the impact the quarry could have on everyone around her.

Over a seven-year period, Guckian said the group has waged numerous battles against Vulcan and the Texas Commission on Environmental Quality, or TCEQ. One legal fight over an air quality permit led to victory, but it was quickly overturned on appeal.

The little office in Guckian’s home that was once supposed to be a little oasis has transformed into her “command center.” Stacks of files fill the room. In one corner, several binders are stacked containing public comments, permits, legal documents and letters to and from state representatives.

One binder is stuffed with comments, all obtained through Public Information Requests from the TCEQ, regarding the most recent fight: water.

Building a quarry atop an aquifer

In March, the TCEQ approved Vulcan’s Water Pollution Abatement Plan, or WPAP.

According to the TCEQ, a plan must be drawn up to outline best management practices for protecting water quality on properties built within the Edwards Aquifer Recharge Zone. The Vulcan quarry property lies within this zone.

“The recharge zone is where the Edwards limestone is exposed at the surface in the Balcones fault zone,” said Jack Olivier, a retired geologist and member of the Preserve Our Hill Country Environment Foundation.

According to Olivier, any rainfall or water that flows across the recharge zone can enter the ground and down to the aquifer below. The aquifer provides water to 2.5 million people and runs from west of Uvalde, along the I-35 corridor, to northeast of Austin, according to maps generated by TCEQ.

The recharge zone runs along the southern side of the aquifer and includes parts of Austin.

Olivier particularly worries about the explosives used in the quarry.

“The explosive used by quarries is called ANFO, which stands for ammonium nitrate and fuel oil,” Olivier said. “It’s fertilizer and diesel. Two things you really don’t want in your water supply.”

According to a drilling report filed with the Texas Water Development Board, Vulcan dug a test well on the property.

“Air was being blown down to blow the dust, the rock cuttings out, but when it got to the depth, which is around 80 feet, the dust was not coming back out anymore. It was just going — staying underground,” Olivier said.

According to Olivier, and a hydrology report filed by Dr. Brian Smith, this means the air was likely moving into underground fractures and nearby caves. This means, according to Olivier, that water in the quarry could flow into one of these gaps and deeper within the aquifer.

WPAP and the Edwards Aquifer

This is what the WPAP is designed to do. The WPAP is a plan to prevent contaminated water from spreading into the recharge zone. It includes setbacks from a dry creek that runs through the property.

In our research on Vulcan, we discovered only two environmental disputes. One was with the Mexican government in 2022 over a quarry near Playa del Carmen.

In 2023, the Bay Area Air Quality Management District in California fined Vulcan $228,000 for air quality violations.

“They think they can come in here and they can blow it up and they can. This is a business for them. Because that is their gold. Limestone is their gold,” Guckian said.

After the TCEQ approved the WPAP, the agency held a 30-day public comment period. Guckian, through public information requests, discovered 785 public comments were filed with the TCEQ. The comments include letters from State Sen. Donna Campbell and the Texas Water Company.

TCEQ decided not to hold a public meeting for the WPAP. A TCEQ spokesperson told KXAN that it does not require a public meeting for a WPAP within the Edwards Aquifer Protection Program.

We confirmed through a public information request that no record exists for a public meeting regarding a WPAP since 2019.

Fighting for the future of the quarry

After the 30-day comment period, TCEP did a technical review of the plan. On July 8, the WPAP was approved.

Guckian said they are then given 23 days to file a motion for rehearing. We asked TCEQ if any WPAP has been overturned through a motion after TCEQ approval. The agency couldn’t find any records of this happening since 2019.

The agency said it hosts annual meetings in October to hear concerns about pollution in the aquifer. These typically take place in Austin or San Antonio.

Guckian said she has been there before.

“Let’s put it this way. I asked. I went. I asked questions. I talked with one of the people at the panel up there and gave her my my concerns and she said ‘can you please email me these things?’ I took her — her name. I emailed her everything she heard that she asked for. Crickets. That’s what I got back. Crickets. Nothing. No action done.”

TCEQ told KXAN that to ensure Vulcan is operating within the scope of the WPAP, the quarry will be regularly investigated every two to three years by the agency once in operation.

The attorneys with the Preserve Our Hill Country Environment Foundation have until July 31 to file their motion. If it fails, they said they plan to continue the battle through the courts.

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