Errol A.

Summerlin
1017 Diomede
Portland, Tx. 78374

Ms. Stephanie Bergeron Perdue

Interim Executive Director
Texas Commission on Environmental Quality
MC-109
P.O. Box 13087
Austin, Texas 78711-3087 April 2, 2018

Re: REQUEST FOR RE-ISSUANCE OF NOTICE OF RECEIPT OF

APPLICATION AND INTENT TO OBTAIN WATER
QUALITY PERMIT
REQUEST FOR ADDITIONAL PUBLIC MEETING
Proposed Water Quality Permit Number WQ0005228000
Gulf Coast Growth Ventures

Dear Sir:

I am a member of Portland Citizens United and this letter is written to 1) Request the re-
issuance of the Notice of Receipt of Application and Intent to Obtain a Water Quality Permit No.
WQ0005228000 sought by Gulf Coast Growth Ventures (GCGV), RN109753731 and 2) Request
that an additional Public Meeting be conducted on the above-referenced matter.

Request for Re-Issuance of Notice

On May 3, 2017 the original Notice of Intent was issued by the TCEQ. Notification to
the Public was published in the newspapers of general circulation in San Patricio County and
Nueces County as outfalls from the proposed facility are in those counties. Further, the
application and other relevant material related to the Application were made available in
Portland and Corpus Christi. Noticeably absent were Notifications to the Public and availability
of document review in Aransas and Refugio Counties.

The original Notice provides: The discharge routes will be from the plant site …via
Outfalls 002 and 003 to drainage ditches; thence to Copano Bay. The original Notice of Public
Meeting issued on October 20, 2017 provided further detail: …via Outfalls 002 and 003 to
drainage ditches, thence to mud flats, thence to Copano Bay/PortBay/Mission Bay in Segment
No. 2472 of the Bays and Estuaries;

These bays are bounded by and within the counties of Aransas and Refugio. Further, the
discharges from Outfalls 002 and 003 flow through ditches in San Patricio county and enter the
mud flats and Segment No. 2472 watershed at the confluence of the boundaries of San Patricio,
Aransas and Refugio Counties.
 Because Outfalls 002 and 003 flow into the receiving Segment 2472, located in Refugio
and Aransas counties, members of the Public in those counties were entitled to Notice of the
original Application by GCGV. Accordingly, the original Notice was deficient and must be re-
issued to afford members of the Public from those counties the opportunity to comment on the
Application and review the documents relating to the Application in a Public Place within their
respective county.

It is irrelevant that some residents from Aransas County appeared and commented on the
Application at the Public Meeting held on December 11, 2017. The only information they
received on the Application and Draft Permit was obtained through late October and November
postings on the facebook and web page of Portland Citizens United. They had the right to
receive proper notice and opportunity to review and comment under TCEQ Rules. Instead of
many months, they had only weeks to inform themselves. During questions and comments on
December 11, those residents uniformly asked TCEQ staff why they were not notified of this
Permit.

Why is it so important to afford these residents a new Notice and opportunity to

comment? First, they were entitled to Notice of the Application when it was administratively
complete. Additionally however, the designated uses of Segment 2472 are primary contact
recreation, oyster waters, and exceptional aquatic life use. These bays are important to
residential, commercial and recreational interests. It is also a watershed of high priority where
the whooping crane and other endangered and threatened aquatic-dependent species are present.
Not only are residents invested in the protection of these species and their continued recovery,
the local economy thrives on birding, and other tourism generated from the unique ecosystem of
the area.

GCGV knew or should have known that the Outfalls would discharge into Aransas and
Refugio counties. Under its own Rules, the TCEQ is obligated to Order the re-issuance of the
Notice of Application and Intent to Obtain Water Quality Permit sought by GCGV, Permit No.
WQ0005228000.

Request for Additional Public Meeting

Without waiving the above and foregoing Request for Re-issuance of the Notice and
reserving the right to pursue that request, we request an additional Public Meeting on the Water
Quality Permit.

On December 11, 2017, a Public Meeting was held on WQ0005228000. At that time, the
TCEQ had issued its Draft Permit, Fact Sheet and Executive Director’s Preliminary Decision. In
the Fact Sheet, it is recognized that the watershed in Segment 2472 is a high priority and
threatened and endangered aquatic-dependent species are present, including the Piping Plover
and Whooping Crane. This requires a review of the Endangered Species Act. The Fact Sheet
summarily concludes that, because the GCGV facility is not a petroleum facility, its discharge is
not expected to have an effect on the Piping Plover.
 This cursory conclusion, that the discharges will not affect the Piping Plover, disregards
the contaminant content of the discharged water and is determined to be irrelevant because they
are the product of a chemical facility. It also disregards the potentially devastating effect of the
polyethylene pellets manufactured at the facility, pellets that will most assuredly be consumed by
aquatic-dependent species.

The Fact Sheet then proceeds to state that: however, the presence of the whooping crane
requires EPA review and, if appropriate, consultation with USFWS. Thus, the Draft Permit
makes no determination on the impact to the whooping crane by the facility. The Draft Permit
should not have been issued prior to the Endangered Species Act Review to effectively consider
the impact on the whooping crane.

The ESA Review and any comments or opinions from the EPA and USFWS were not
available for public scrutiny or comment at the time of the meeting held on December 11. The
USFWS issued its comments on December 26, 2017. Therein, they expressed concerns in a
number of areas that would affect the habitats of aquatic-dependent species, including the
whooping crane, piping plover, red knots, sea turtles, and other migratory birds. Concerns
included the temperature of the effluent, accumulated pollutants, polyethylene pellets, sea grass
bed deterioration, infrequent sampling, and the impact on two bay systems.
Throughout the comments, the USFWS requests additional information and opportunity
to further discuss the permit. While we understand some of those conversations may have taken
place, we are unaware of any formal opinion issued by USFWS. In a letter from EPA dated
December 15, it is noted that the permitting process must address any comments or concerns to
ensure permit conditions as established are protective of endangered species and aquatic life.
It is critical to a full vetting of the permit that the public be allowed to review and
comment upon any permit conditions that are established to protect endangered species and
aquatic life. No one was able to address this vitally important issue at the meeting of December
11.
We acknowledge the dedication of the USFWS in protecting and conserving the
ecosystems upon which endangered and threatened species depend. But, we also believe it to be
the public’s right to analyze, comment on, and challenge any permit conditions that may be
“agreed upon” between USFWS, TCEQ, and GCGV. Accordingly, upon conclusion of
negotiations between these parties on the permit conditions to protect the endangered and
threatened species and migratory birds, we formally request 1) a re-issuance of a Draft Permit
that includes such provisions, and 2) a Public Meeting to allow comment thereon.
Finally, a delay caused by the granting of either of the aforementioned requests should
not cause any harm to the applicant as their “We’re Listening” campaign implies full citizen
participation in the permitting process.
Thank you and we look forward to an early response.
Portland Citizens United
By: Errol A. Summerlin
Cc: Office of the Chief Clerk, TCEQ
Honorable Judith Zaffirini, State Senator
Honorable Lois W. Kolkhorst, State Senator
Honorable Geanie W. Morrison, State Representative
Honorable Todd A. Hunter, State Representative
Honorable J.M. Lozano, State Representative
Honorable Terry Simpson, San Patricio County Judge
Honorable David Krebs, Mayor, City of Portland
Honorable C.H. “Burt” Mills, Jr., Aransas County Judge
Honorable Robert Blaschke, Refugio County Judge