Welcome Everyone! CAML UPDATE October 11, 2009 More than 100 residents from the Security and Cut and Shoor area attended the Sept 24, Preliminary Hearing at the Lone Star Community Center. Mary Carter from Blackburn Carter and Associates represented CAML and the community. Lloyd Gosselink Attorneys represented MLS. CAML requested that the hearing be held in Montgomery County. County Judge Alan Sadler agreed and offered the Lone Star Community Center as the venue. MLS has requested the meeting be held in Austin. Local citizens note that the MLS applicant lives in Montgomery County, and proposes to do business here. CAMl continues to fund raise to cover the costs for attorneys and for the scientific experts that will testify at the hearing. Conroe Courier – News Hearing on landfill granted By Lucretia Cardenas Published: 07.08.09 A contested case hearing on a proposed landfill east of Cut and Shoot will take place in Montgomery County within the next 11 months. Commissioners with the Texas Commission on Environmental Quality called for the hearing – after receiving more than 900 requests – during their meeting in Austin Wednesday. br< About 50 Montgomery County residents who live near the proposed site attended the meeting and are elated with the commissioners’ decision. “We are so happy and so encouraged,” said David Tate, a member of Citizens Against Montgomery Landfill. “I believe they will give us every opportunity to present a compelling case and we will abide by their decision when it’s all over or appeal it if necessary. … We’ll savor today and start planning for tomorrow.” Montgomery Landfill Solutions, L.P., is proposing to construct a landfill on 473 acres off North Walker Road. The landfill would receive 3,000 tons of construction, demolition and grounds keeping waste a day, according to the permit. Residents living near the site have concerns about water and air pollution as well as increased truck traffic on local roads. During the TCEQ meeting, state Sen. Robert Nichols, R-Jacksonville, pointed out that the proposed site sits in a creek bed and could contaminate the groundwater, an already limited resource in Montgomery County. He also voiced concerns about traffic, especially because another landfill is already in operation less than two miles away, he said. Resident John Smith, whose wife heads CAML, said traffic is already an issue with garbage trucks using back roads to access the current landfill. Plus, more than 80 percent of the waste coming into the proposed site would be coming from Houston, not Montgomery County, he said. Nichols, who has visited the site with a geologist, admits landfills are needed but he believes MLS’s proposed site is a poor choice and poses too many potential risks. “I’d been in Austin for 140 days (for the Legislative session) and I thought this was important enough to make another trip back down,” Nichols said. MLS representatives have maintained the landfill will be safe and follow all guidelines. The TCEQ commissioners, taking the TCEQ executive director’s suggestion for a hearing into consideration, decided the best route is to let the State Office of Administrative Hearing judges sort out a number of issues. The residents who will be a party to the case are those living within one mile of the proposed site. Anyone else wishing to be a party will have to make their case before the SOAH judges. The commissioners had the authority to deny the MLS permit Wednesday. However, Nichols said they have to have grounds to deny a permit and currently many unanswered questions exists. Some of the main issues the SOAH hearing will address will be the operating procedures of the landfill, the conditions of the site and any potential for groundwater contamination, possible flooding and adequate use of the land. Copyright Conroe Courier CAML UPDATE July 10, 2009 Important Information •CAML, the community and concerned state and county public officials have finally convinced TCEQ that a Contested Case Hearing is needed to properly address all of the issues surrounding the MLS permit #2324 for a Type IV landfill in Security, TX. •The citizens in the Security, Conroe, Cut & Shoot area have worked hard to stop this landfill for more than 6 years! •TCEQ will hold a Preliminary Hearing in the next 2-3 months to set the date for theContested Case and to finalize the list of affected persons and all parties to participate in the Contested Case Hearing. •The Contested Case Hearing will be held in the next 12 months and Blackburn & Carter Attorneys will represent CAML and the community. •Montgomery County Commissioner’s Court is opposed to the landfill •State Senator Nichols has formally opposed the landfill in writing and he has personally made at trip to Austin to address the TCEQ commissioners about it. •State Representative Creighton has raised concern about the site to TCEQ •County Commissioner Rinehart and County Judge Sadler have formally expressed their opposition at TCEQ Public Meetings •CAML will hold a community-wide public meeting to be sure that everyone is informed •It’s time to stand up & say no to ground water & surface water pollution! •It is time to say no to over 600 waste trucks (semi-trucks) per day on our local roadways. •It’s time to tell TCEQ that a second landfill in Security is too much for a small community! •It’s time to defend health & safety in our community! •Now is the time that everyone must stand up and speak with the same voice! MLS Permit #2324 •The landfill site will cover 473 acres! •The landfill will accept waste from Harris, Waller, San Jacinto, Liberty and Montgomery Counties! •According to the permit application, 80% of the waste will come from Harris County. •The entrance to the site will be off SH 105, ½ mile west of the N. Walker Road intersection. •MLS has purchased 640 additional adjoining acres to the south that can be used for later expansions. •The western boundary of the site is one mile east of the Cut & Shoot City Limit! •The northern boundary of the site is less than one mile south of Williams Road! •The final height will be 200 feet above the ground - it will be the highest hill in the area! •The base of the landfill will be cut 60 ft into the ground – that’s close to your water well. •Two important aquifers are at high risk of contamination! •Lawrence Creek is the east boundary & West Fork Spring Branch is the west boundary of the site, both creeks flow into Caney Creek and then into Lake Houston! •Surface & groundwater pollution in this area affects water quality for Montgomery & Harris Counties. •Many existing and new housing developments in the area will be affected! •TCEQ has already received over 1,000 letters in opposition to the permit! • For more information: Trudi O’Neil 281-592-1141 Leah Smith 936-445-1493 David and Rhonda Tate 936-264-2877 MARCH 5, 2009 Join your friends, neighbors who are The Citizens Against Montgomery Landfills (CAML) to send a solid, community wide NO to TCEQ in Austin! •It is important to request a Contested Case Hearing to finally STOP THE LANDFILL! •Your letter must be postmarked by March 21, 2009. •For 6 years, the citizens in the Security, Conroe, Cut & Shoot area have worked hard to stop this landfill! •It’s time to stand up & say no to ground water & surface water pollution! •It is time to say no to over 600 waste trucks (semi trucks) per day on our local roadways. •It’s time to defend health & safety in our community! •Now is the time that everyone must stand up and speak with the same voice! DID YOU KNOW? • The landfill can open for business this year if we do not request a Contested Case Hearing! •The landfill site will cover 473 acres! •The entrance to the site will be off SH 105, ½ mile west of the N Walker Road intersection. •MLS has purchased 640 additional adjoining acres to the south that can be used for later expansions. •The western boundary of the site is just one mile east of the Cut & Shoot City Limit! •The northern boundary of the site is less than one mile south of Williams Road! •The final height will be 200 feet above the ground - it will be the highest hill in the area! •The base of the landfill will be cut 60 ft into the ground – that’s close to your water well. •Two important aquifers are at high risk of pollution! •Lawrence Creek is the east boundary & West Fork Spring Branch is the west boundary of the site – both creeks flow into Caney Creek and then into Lake Houston! •Surface & groundwater pollution in this area affects water quality for Montgomery & Harris Counties. •Many existing and new housing developments in the area will be affected! •TCEQ has already received over 1,000 letters in opposition – helps us raise even more opposition! For more information - Trudi 281-592-1141, Leah 936-445-1493, David/Rhonda 936-264-2877 IMPORTANT TCEQ, LANDFILL PUBLIC MEETING NOTICE • April 10, 2008 –TCEQ -Texas Commission on Environmental Quality meeting to receive public comment. •Montgomery Landfill Solutions (MLS) –Type IV Landfill #2324. IT’S TIME TO END THIS LANDFILL PROJECT! •For 5 years, the citizens in the Security, Conroe, Cut & Shoot area have worked hard to stop this landfill! •Please join your friends, neighbors & The Citizens Against Montgomery Landfills (CAML) to say no to this dangerous polluter. •It’s time to stand up & say no to ground water & surface water pollution! •It is time to say no to over 600 waste trucks (semi trucks) per day on our local roadways. •You must attend if you want to know more about this landfill proposal •You must attend to let MLS, TCEQ & State & local officials know that you oppose this landfill! •It’s time to get some answers from MLS & the TCEQ! •It’s time to raise concerns about health & safety in our community! DID YOU KNOW? •The landfill will cover 473 acres! •MLS has purchased 640 additional adjoining acres that could be used for expansion at a later date! •The landfill will be located 2 miles east of Cut & Shoot! •The western boundary of the site is just one mile east of the Cut & Shoot City Limit! •The entrance to the site will be off of North Walker Road just 1/4 mile north of SH 105, in Security. • The northern boundary of the site is less than one mile south of Williams Road. •The site could also be accessed via Williams Road or Tree Monkey Road in the Groceville area. •The final height will be 200 feet above the top of the highest hill in the area! •The base of the landfill will be cut 60 ft into the ground •The landfill will only have a clay liner to protect underlying ground water zones •Two important aquifers are at high risk of pollution! •Lawrence Creek is on the east boundary & West Fork Spring Branch is on the west boundary of the site. •Both creeks flow through Security and into Caney Creek and ultimately into Lake Houston. •Surface & groundwater pollution in this area affects water quality for Montgomery & Harris Counties. •Many existing and new housing developments in the area will be affected! •TCEQ has already received over 1,000 letters in opposition – helps us raise even more opposition! THE PUBLIC MEETING WILL BE HELD: •Thursday, April 10, 2008 at 7:00 PM •Caney Creek High School Auditorium •16840 FM 2090 (intersection of FM 2090 & FM 1485 in the Grangerland area) •CONROE, TX CITIZENS AGAINST MONTGOMERY LANDFILLS •Your neighborhood friends and volunteers hard at work! •www.geocities.com/stopthelandfill, or call 281-592-1141. IMPORTANT LANDFILL NEWS – NOVEMBER 2007 THE AMMENDED PERMIT IS TECHNICALLY COMPLETE AND TCEQ ISSUED THE NOTICE OF APPLICATION AND PRELIMINARY DECISION -You should have received a copy in the mail if you are on TCEQ’s mailing list for the permit. -What do you need to do now? -Get informed! Please plan to come to the next CAML meetings on the first Tuesday each month, 7:00 PM at the Security Community Center, SH 105 just East of the flashing light at Security. -Residents in the area must send TCEQ a letter registering their opposition to the permit and their comments about the revised permit. We have 30 days to get our letters in and be counted. -You can sign the attached letter or use it as example for your own letter. The letters should be submitted to TCEQ as soon as possible. -Request a third TCEQ public meeting to learn more about the revised roadway and increased waste truck traffic. The Applicant did not answer questions in the two earlier meetings and the community has been very frustrated by this. The last TCEQ meeting was over 2 years ago and many new people have moved into the area. This is an opportunity to get everyone informed about MLS and the proposed landfill. -Request a Contested Case Hearing to give the community a chance to finally stop this permit. -The community response to the permit in 2005 was HUGE! Over 2,000 letters were submitted to TCEQ and we need to do it again to be sure that TCEQ and local officials see how much opposition there is. -Please send a copy of your letter to the follow state and county officials. Montgomery County Judge Alan B. Sadler 301 W Thompson Suite 210 Conroe, TX Montgomery County Commissioner Ed Rinehart P.O. Box 84 New Caney, TX 77357 State Senator Robert Nichols 2040 N. Loop 336 West Suite 107 Box 7 Conroe, TX 77304 State Representative Brandon Creighton 326 1/2 Main Street Suite 110 Conroe, TX 77301 State Senator Tommy Williams P.O. Box 12068 Capital Station Austin, TX 78711 Community Concerns and Comments relating to the Amended MSW #2324 Application by Montgomery Landfill Solutions, L.P. for the Proposed Type IV Facility. November 13, 2007 The following comments have been submitted to the TCEQ and they represent the community's beliefs about problems with this landfill. The applicant’s amendment to the permit has increased the number of waste vehicles into the proposed site and has failed to adequately quantify traffic volumes for North Walker Road and the impact of landfill traffic on local traffic patterns. The initial estimate of 239 to 323 truckloads per day has increased to an amended estimate of 454 to 608 truckloads per day. This situation will further increase the number of large trucks on SH 105 and on ancillary roadways in the area. The segment of SH 105 between Cut and Shoot and Security/Midway is one of the most dangerous roadways in Montgomery County. Austin Elementary School is located in Cut and Shoot, on SH 105, 3.6 miles west of the site. The school entrance is already very dangerous due to heavy traffic in the area. The traffic passing the school includes a large number of waste trucks going to the Waste Management Landfill located 1.6 miles southeast of the proposed MLS site. Other schools in the area that will be affected are Caney Creek High School, Moorehead Junior High and Grangerland Middle School. These three schools are located in a complex at the intersection of FM 1485 and FM 2090. The large number of waste trucks going to the Waste Management landfill also negatively impacts this area. The increased traffic to the MLS site will put young drivers, their parents and teachers at greater risk for traffic accidents. The amended roadway configuration will cause dangerous traffic congestion at the SH 105 intersection and at the intersection of North Walker Road and also at the landfill private drive to be located at the intersection with North Walker Road approximately 0.25 miles north of SH 105. The new roadway width is narrower and the course thickness is thinner than the standards set by TCEQ in the earlier version of the permit proposal. HGAC mandated the need for roadway improvement and adequate traffic allowances. The applicant has failed to provide adequate documentation on the availability and adequacy of the roads that will access the site. The proposed clay liner will not adequately protect the underlying groundwater resources that supply surrounding water wells and the ground water for much of Montgomery County. The applicant has failed to provide sufficient information to demonstrate compliance with TCEQ rules that air and water quality will be maintained. Type IV landfills accept materials contaminated with lead paint and low-level asbestos. Both of these contaminants are proven to be harmful to humans. The applicant has failed to demonstrate that the design of this facility will not assure safe air and water quality with respect to the above cited contaminants and gas by-products such as methane and H2S, also proven to be harmful to humans at low concentrations. The applicant has failed to provide sufficient information to demonstrate compliance with TCEQ rules regarding the design, construction and maintenance of a run-off management system from the active portion of the landfill to collect and control at least the water volume resulting from a 24-hour 25-year storm. The applicant has failed to provide sufficient information to demonstrate compliance with TCEQ rules that natural drainage patterns will not be significantly altered. The applicant has failed to provide sufficient information to demonstrate compliance with TCEQ rules about how it will handle, store, treat and dispose of surface water that has become contaminated at the landfill. The applicant has failed to provide sufficient information to demonstrate compliance with TCEQ rules that storage areas for contaminated water are designed appropriately with regard to size treatment, location and method and have an approved liner covering the bottom and side slopes. The applicant has failed to provide adequate information to demonstrate compliance with TCEQ rules regarding location and quantities of surface drainage entering, exiting or internal to the site and the area subject to flooding by a 100-year frequency flood, including Lawrence Creek, tributary to Lawrence Creek, and the West Fork of Spring Branch. The applicant has not demonstrated that no surface water or run-on water containing pollutants will escape the site and flow into the above creeks, surrounding jurisdictional wetlands, or surrounding private property. The Security/Midway communities and other communities downstream will be exposed to contaminated surface water from the site if this is not adequately addressed. The Houston-Galveston Area Council (HGAC) noted local government official’s concerns that the proposed landfill increases flooding risk due to runoff from the landfill site. Serious drainage problems on and near North Walker Road exist despite adequate maintenance of drainage ditches. HGAC also stated that the Applicant should demonstrate that the landfill would not exacerbate localized flooding. Lawrence Creek and West Fork Spring Branch flow into Caney Creek, which in turn flows into Lake Houston (Houston’s surface water source). Contaminated fluids carried by flood waters will travel from the site into the surrounding East Montgomery County Communities and into Lake Houston over the life of the proposed landfill. The applicant has not provided adequate information about groundwater and aquifer conditions at the site. The applicant has not addressed a comprehensive groundwater-monitoring plan for the site sufficient to protect the affected neighborhood down gradient of the site. The applicant has failed to provide adequate information that documents all wells, spring and water bodies within 500 feet and/or 1 mile of the sites. The proposed landfill aerial buildup is 190 feet above the surface of the ground. This is the height of a 20-story building and will greatly exceed the height of the alleged tree cover precluding even minimal screening for the site. HGAC also expressed concern about the aerial buildup citing it as excessive for the surrounding terrain even with existing tree cover. The proposed site has been injected into a rapidly growing residential area. The applicant has failed to adequately quantify growth in the Security/Midway area. The Security Waste Management Type I landfill is 1.6 miles southeast of the proposed site and has recently expanded to accept Montgomery County waste for an additional 30 years. It appears that this area has been singled out for landfill clustering. This practice is discouraged by HGAC waste management goals. The applicant has not been able to demonstrate any clear benefit this proposed landfill will provide to the community. A significant amount of acreage bordering Lawrence and West Fork Spring Branch include jurisdiction wetlands. The applicant has failed to adequately demonstrate that these wetlands, associated wildlife, including migratory birds will not be disturbed or irreparably harmed. The applicant has failed to demonstrate that the facility and/or the operation of the facility will not result in the destruction or adverse modification of the critical habitat of endangered or threatened species. The applicant has failed to demonstrate that its facility will conform to the Regional Solid Waste Management Plan by HGAC. The cost estimated for closure and post-closure appears to be underestimated. The above concerns compel residents in the area to request another public meeting to allow TCEQ to answer questions about the amended roadway and revised traffic count. The applicant did not answer any questions at the first two public meetings. A third public meeting would allow the community to ask questions and get answers from the applicant about the landfill permit, the roadway configurations, traffic and public safety. There are several new subdivisions near the site and many of the new residents do not know about the permit or TCEQ’s administrative process. The above concerns compel residents in the area to request a Contested Case hearing on Montgomery Landfill Solution’s MSW permit 2324. Landfill News – Summary of MLS Amended Permit 2324 - Nov 2006 Amendment November 13, 2007 -Montgomery Landfill Solutions (MLS) is permitting a 473-acre landfill 1.5 miles east of Cut and Shoot, Texas. The address is 3761 North Walker Road, Cleveland, Texas. A copy of the amended permit proposal is at the Conroe Public Library. -Site Location: 1.5 miles north of State Highway 105 on N. Walker Road. -Jeff McClanahan is the President and General Partner for Montgomery Landfill Solutions. Other investors with >20 % interest are Jack L. McClanahan, Separate Property Trust, James E. Jones & ERJ Enterprises LTD. - This is a type IV landfill. It is designed to receive 3,000 tons of demolition and construction waste per day over the 30-year life of the site. This includes low level lead and asbestos demolition materials, chemically treated lumber, as well as tires and large appliances. -Waste sources are Harris, Montgomery, Liberty, Waller and San Jacinto Counties. -Waste will be delivered by 323-608 truckloads per day. Most will be large, 40 yard capacity, tractor-trailer type trucks. -N. Walker Road is the main entrance for the several hundred residences in the area. This means 646-1216 individual truck trips per day on this local roadway. -MLS repeated an earlier traffic study. Their results indicate that the additional truck traffic will not cause a traffic problem on N. Walker Road. -MLS now proposes to use 0.25 miles of North Walker to reach a private roadway traversing the remaining 1.25 miles to the site. This will cause major traffic and safety problems at the SH 105 intersection and at the turn-off into the private roadway! -TCEQ has stipulated that MLS must upgrade N. Walker Road to an 80,000 lb weight capacity and widen it to 24 ft before waste can be accepted to the site. - MLS has purchased an additional 700 acres south of the proposed site. According to MLS, the land will be used to build the private road for the proposed landfill and for a subdivision. -Site Description: Two creeks, Lawrence Creek and West Fork Spring Branch Creek, bound the landfill site on the east and west respectively. Both creeks are active over much of the year. Both creeks have associated wetlands and commonly flood during periods of heavy rainfall. They also flow into larger creeks (Peach Creek and Caney Creek) that in turn, flow into Lake Houston. Lake Houston is the source for much of Houston’s water supply. -The maximum aerial buildup (height) will be 190 feet above the surface of the ground. (That is the height of a 20 story building). -The base of the proposed landfill will be 60 feet below the surface of the ground. The liner will be 36 inches of compacted clay overlain with a 12-inch thick, protective soil cover layer. -The Houston-Galveston Area Council (HGAC) heard the permit proposal September 2004 and decreed that it is neither compliant nor non-compliant with the Regional Solid Waste Disposal Plan. Key issues with HGAC were local road use, aerial build-up, traffic, drainage and flooding. -State and Local Officials who are on the record as opposed to the permit application are; Montgomery County Commissioner’s Court including Precinct 4 County Commissioner – Ed Rinehart, County Judge – Barb Sadler, Conroe Mayer Metcalf, State Senator - Robert Nichols, State Representative - Ruben Hope, State Senator - Todd Staples, City of Cleveland, City of Cut and Shoot. The Conroe City Council is in favor of the project. -The community has been fighting this permit for 5 years. Please take time to be informed! Join your neighbors and help keep your neighborhood a safe and healthy place to live. Welcome Everyone! Please page down to find more information about the permit and chronological updates about its status. The entire permit application is at the Conroe Public Library. JULY 2007 UPDATE! The People's Park Should Not Be the Consolation Prize for a Landfill! CAML needs your help to be sure that the community is informed! Montgomery Landfill Solutions' (MLS) glossy advertising campaign for the People's Park and petition to the Montgomery County Commissioners has neglected to inform the public that the real prize is an environmentally harmful 473 acre landfill just east of Cut and Shoot and millions of dollars of profit for MLS. Unfortunately, MLS will profit at the expense of the surrounding communities of Cut and Shoot, Security and Grangerland. MLS has approached the Montgomery County Commissioners with a proposal to build The People's Park, a 31-acre sports park to be located less than one mile south of their proposed Type IV landfill. In return, MLS is asking Montgomery County to upgrade North Walker Road to carry the weight of the 400-600 semi-truck loads of waste that, according to their permit application, will access the site each day. The proposed park will be located on the private driveway into the proposed landfill at the intersection with North Walker Road. MLS must take the landfill proposal to a Contested Case Hearing (CCH) with the TCEQ Commissioners to determine the final outcome of the permit. This park offering is a desperate attempt by MLS to create a "caring" smoke screen for the County prior to the CCH. The CCH will allow the community to present its opposition to the permit and to address safety concerns about the roadway into the proposed site. MLS desperately needs the County's support on this roadway before the Hearing takes place. TCEQ has mandated, during the permit review process, that North Walker Road must be widened and upgraded to an 80,000 lb weight limit before the site can receive waste. The battle between MLS and the local community began in 2002 and is still ongoing. The permit is not a slam-dunk or it would have been taken to CCH years ago. The local communities, Montgomery County Commissioner Rinehart, the Montgomery County Commissioners and Montgomery County Judge Sadler have staunchly opposed the proposed landfill. North Walker Road is a narrow roadway into a small residential community. If MLS has its way, every day, those folks will share the roadway into their community with hundreds of semi-trailer waste trucks. MLS has launched a website advertising the People's Park but excluding all the facts. The website also includes a petition to the Montgomery County Commissioners in support of the park. MLS has also sent out a mass mailing advertising the People's Park. Please review our concerns and hopefully you will see that the Park is really all about the landfill! Community opposition to the proposed landfill is not solely due to potential traffic and safety issues. The landfill design can harm groundwater thus contaminating nearby water wells. There are also concerns that groundwater aquifers will be damaged by leakage from the site. Surface water may also be contaminated due to flooding from nearby creeks flushing contaminants from the sites into the surrounding community. CAML and the community will continue to speak through this website. New developments are posted as they unfold! Update for MLS Permit Amendment - April 2007 New Developments -CAML went to Montgomery County Commissioners Court on April 9 to present a letter from the community asking that the County not enter in any side deals with MLS pertaining to North Walker Road (page down to see Courier Article and CAML letter posted just below this update). -MLS submitted a proposal to build a 30-acre sport park on their private drive just off of North Walker Road. In return, Montgomery County would agree to widen and upgrade North Walker Road to the entrance to the park. -The citizens in the area are firmly against the sports park as it is currently proposed. We believe that there are multiple traffic issues that must be addressed before the roadway is finalized and those decisions must be made at the Contested Case Hearing. -TCEQ issued a Notice of Deficiency (see below) to the MLS permit amendment in March citing 19 deficiencies including traffic, inadequacy of North Walker Road, increased truck traffic to the site and the revised Site Operating Plan. -MLS submitted their amended permit proposal to TCEQ November 11, 2006. Summary of Amended Permit Changes -Jeff McClanahan is the President and General Partner for Montgomery Landfill Solutions, LP. Other investors with greater than 20% interest are Jack L. McClanahan, Separate Property Trust, James E. Jones & ERJ Enterprises, LTD. -MLS proposes using the first 0.3 miles of North Walker Road to reach a private roadway to the proposed landfill site. The private roadway will turn off North Walker Road and wind through the additional acreage that MLS purchased. The roadway is designed to avoid passing through the larger wetlands areas. -The permit proposal states that the first 0.3 miles of North Walker road will be upgraded for an 80,000 lb weight limit and widened to 24 ft wide surface with 4 ft shoulders. -The landfill will receive 3,000 tons of waste each day. The number of trucks has increased from 239 to 454 initially and the maximum has increased from 323 to 608. -MLS repeated a traffic study on October 19, 2006 and claims that their results indicate that the additional truck traffic will not cause a traffic problem on North Walker Road. -MLS has also made changes to the site-operating plan to meet new TCEQ rules. Conroe Courier Commissioners asked to not support landfill By: Howard Roden, Senior writer April 9, 2007 East County residents opposed to a landfill in their neighborhood were back at Commissioners' Court Monday, asking county officials to let their fight against the 473-acre dump run its course. Speaking on behalf of the Citizens Against Montgomery Landfill Inc., Leah Smith requested the commissioners "refrain from entering into any side agreements" with the landfill's developer, Montgomery Landfill Solutions LP. MLS has proposed building a 31-acre sports complex that it would eventually turn over to the county, provided commissioners approve the company's plans to widen some 1,600 feet of North Walker Road and build a private road that would provide access to the park, a 600-acre, single-family residential development and the landfill. A member of CAML's leadership team, Smith urged commissioners not do anything that would "grease the skids" on Montgomery Landfill Solutions' effort to obtain its permit from the Texas Commission on Environmental Quality for a construction and demolition landfill north of Texas 105, several miles east of Cut and Shoot. Montgomery Landfill Solutions submitted an amended permit application with the TECQ in November, Smith said. Last month, the state agency issued a "notice of deficiency" to MLS' application, she said, "citing 19 points including traffic, inadequacy of North Walker Road and the site-operating plan." "We're asking for our day in court," she said. "We are asking that you allow CAML and the citizens of the area to take our case to the TCEQ commissioners in a contested case hearing, unhindered in any way." An estimated 300 to 600 truckloads of solid waste - carried in tucks weighing as much as 80,000 pounds each - would be delivered over North Walker Road and the proposed private road to the landfill each day, she said. Community opposition to the landfill began in 2002, shortly after the dump was first proposed. County Commissioners approved a resolution against the landfill in 2004. Jeff McClanahan, general partner of MLS, said the future of the multi-purpose sports park does not hinge on the county's support of the landfill, but only in its support for the roads. MLS has agreed to widen North Walker Road and pay for the construction of the private road. McClanahan said MLS purchased approximately 700 acres located south of the proposed landfill for a single-family residential community. Portions of the subdivision would be built within 50 feet of the landfill's property line, he said. The sports park would be located approximately a mile south of the landfill. MLS' current plan is to offer home sites between one-half and five acres that would be developed by a couple of homebuilders. Infrastructure work on the subdivision wouldn't begin until early 2008, McClanahan said. "What we plan does not require them to be for, abstain or be against the landfill," he said. "That is ultimately up to the TCEQ." Precinct 4 Commissioner Ed Rinehart reiterated his opposition to the landfill at Commissioners' Court, but added the caveat that he would welcome the sports park if the TCEQ were to grant Montgomery Landfill Solutions its permit request. "I think we need the sports park, but that's going to depend on the TCEQ," he said. County Judge Alan B. Sadler agreed with Smith's request that the county hold off on any deals with MLS until the residents have their say with the TCEQ. "Those citizens should get their day in court without any hindrance from Commissioners' Court," he said. Smith said CAML only became aware of Montgomery Landfill Solutions' plans for the sports complex "a couple of weeks ago." "Who's going to buy a home next to a landfill?" she said. "I'm amazed MLS thinks someone would buy a home or have a sports park there. With all the trucks expected on those roads, it's an unbelievable safety issue." Howard Roden can be reached at hroden@hcnonline.com. Montgomery County Commissioner's Court 301 North Thompson STE 210 Conroe, TX 77301 April 9th, 2007 Gentlemen As you know citizens in this area have been actively opposing the Montgomery Landfill Solutions permit #2324 proposing a 473-acre construction and demolition landfill on North Walker Road. The proposed site is 1.5 miles east of Cut and Shoot and 1.4 miles north of SH 105 on North Walker Road, approximately 1.8 miles from the Waste Management landfill. Our opposition to MSW #2324 began in late 2002 and continues today as strong as ever! TCEQ has received approximately 1200 letters from local citizens opposing this landfill. You may also remember that July 2005 TCEQ issued a draft permit for the proposed landfill with the restriction that North Walker road must be widened and upgraded to an 80,000 lb weight limit before the site can begin to accept waste. TCEQ also noted that local citizens, Montgomery County officials and State officials had requested a Contested Case Hearing to address the many issues associated with the permit. In November 2006, after a 16-month hiatus in the permitting process, MLS submitted an amendment to their permit application. The amendment proposed a new plan to access the proposed site via a private roadway turning off of North Walker approximately 0.3 miles (1600 ft) North of the intersection of SH 105. MLS also submitted an updated traffic study and various mandated revisions to the site-operating plan. In March of this year, TCEQ issued a Notice of Deficiency to the amended application citing 19 points including traffic, inadequacy of North Walker Road and the SOP. We believe that there are many outstanding issues with waste trucks utilizing North Walker Road to access the landfill. This narrow two-lane roadway is the main access road to a large and growing community. There are significant traffic and safety issues related to the community sharing its main roadway, with hundreds of large waste trucks each day. It is our understanding that MLS has approached the County Commissioners with a proposal offering to build a 25-acre sports park. In return, Montgomery County will agree to design, construct and maintain North Walker Road from SH 105 to the entrance of the sports park. The sports park will be located on the MLS private roadway into the proposed site. The county will later assume all ownership rights to the park including maintenance. First we would like to thank all of you for your continued support of our effort to oppose this menace to our community! The Montgomery County Commissioner's Court 2004 resolution against the landfill has clearly demonstrated your support of our concerns. The comments and support of Commissioner Rinehart, Judge Sadler, Commissioner Doyle & Mayer Metcalf in support of our cause resulted in HGAC determining that the project was neither consistent nor non-consistent with the regional solid waste plan. The September 2004 HGAC minutes cited inadequacy of North Walker Road, traffic issues, potential surface water contamination and inappropriateness of the site for such a project. Commissioner Rinehart and Judge Sadler have participated in two TCEQ public hearings and have submitted formal comments to the TCEQ opposing the permit citing flooding, traffic and inadequacy of North Walker Road. Commissioner Rinehart stated in a November 2005 Commissioner's Court that "We are going to fight this to the very end. It's going to be a long hard battle but we're going to win it." So why are we writing to you today? We are writing to ask you to continue your support and refrain from entering into any side agreements with MLS as they will complicate our opposition to the permit. We are asking you to allow us due process! We are asking for our day in court! We are asking you to allow CAML and the citizens of the area take our case to the TCEQ Commissioners in a Contested Case Hearing unhindered in any way. We are certain the hearing will objectively address all of the issues associated with the 300 to 600 truckloads of waste that will need to use North Walker Road and other local roads in the neighborhood to access the proposed site. These issues relating to inadequacy of North Walker Road, local traffic problems and school bus safety must be addressed in their entirety before any plans for roadways are finalized. The hearing will also address other major issues such as surface and ground water contamination to name a just a few. I have included for your information a petition signed by 600 local citizens requesting that the Montgomery County Commissioner's Court not agree to any road building initiatives offered by MLS until after the permit has been heard at Contested Case Hearing. Our goal here is public safety and protection of groundwater resources! We have been working very hard as a community over the last 4 years to oppose this permit. As I have mentioned earlier this application has now received three Notices of Deficiency. There have actually been two permit submittals. MLS has made several changes in management. TCEQ statutes clearly state that landfills must not be located within a mile of venues such as parks. This proposed park will be within a mile of two landfills. We have worked very hard to have our voices heard in Montgomery County and at the TCEQ in Austin. We are personally raising the $150,000+ it will take to pay technical experts and legal fees to oppose the permit. We are a working class community and although this is a heavy burden to bear, we are willing to take it on in the name of health and public safety. We are asking that you continue your support and allow us to continue unhindered to a contested case hearing. Do not do anything that may unintentionally harm our effort to oppose this permit application. You must remember that this will be a behemoth 473-acre landfill. It will be 200 ft tall (the height of a 20-story building) and will be cut 70 ft into the ground. No one can honestly say that serious due diligence is not required here to insure public safety and to protect ground water quality in our community. Sincerely Citizen's Against Montgomery Landfills ____________________________ Update -MLS Permit Amendment - January 2007 -MLS has submitted their amended permit proposal to TCEQ November 11, 2006. -Jeff McClanahan is the President and General Partner for Montgomery Landfill Solutions, LP. Other investors with greater than 20% interest are Jack L. McClanahan, Separate Property Trust, James E. Jones & ERJ Enterprises, LTD. -MLS proposes using the first 0.3 miles of North Walker Road to reach a private roadway to the proposed landfill site. The private roadway will turn off North Walker Road and wind through the additional acreage that MLS purchased. The roadway is designed to avoid passing through the larger wetlands areas. -The permit proposal states that the first 0.3 miles of North Walker road will be upgraded for an 80,000 lb weight limit and widened to 24 ft wide surface with 4 ft shoulders. -The landfill will receive 3,000 tons of waste each day. The number of trucks has increased from 239 to 454 initially and the maximum has increased from 323 to 608. -MLS repeated a traffic study on October 19, 2006 and claims that their results indicate that the additional truck traffic will not cause a traffic problem on North Walker Road. -MLS has also made changes to the site-operating plan to meet new TCEQ rules. -TCEQ has not made a determination about the process they will follow to evaluate the proposed permit changes and TCEQ has not yet set a timetable. -Other details will be discussed during CAML meetings. -New developments will be updated on this website! THIS IS NOT A DONE DEAL! Update - MSW Permit 2324 - September, 2006 Latest Regulatory Developments -MLS has recently notified TCEQ that permit revisions will be submitted by November 1, 2006. - July 2006, MLS requested that TCEQ suspend consideration of MSW permit # 2324 until submittals outlining changes to the permit proposal are submitted. - Aug 26, 2005, Representative Ruben Hope made a second request for a CCH to insure no regulatory mix-ups with TCEQ. - October 21, 2004, MLS permit #2324 was originally approved to be technically complete. The TCEQ response to formal comments from the community was published July 6, 2005. Community opposition to this permit was been enormous! Key Events since the draft permit was approved are: -Jeff McClanahan has been acting managing partner. -June 2006 - MLS advised Montgomery County that they had purchased approximately 700 acres south of the proposed site. According to MLS the land will be used to build a private road for the proposed landfill. MLS proposes to use the first 2,000 ft of North Walker Road and then turn west onto a private roadway, approximately one mile in length to reach the proposed landfill site. -MLS has approached Montgomery County Commissioners Court several times over the last few months with a proposal that would require the County agree to upgrade the first 2,000 feet of North Walker Road to the standards stipulated by TCEQ in the draft permit, and to build the remaining one mile private roadway. MLS has requested that Montgomery County agree to the roadway proposal prior to the Contested Case Hearing. The County has not agreed to do this at this time in the permit approval process. Commissioner Rinehart has consistently opposed this road proposal and the community is very appreciative of his continued support! -Note - MLS has approached Montgomery County Commissioners Court many times over the last two years with a contract proposal that would require the County to widen and upgrade the approximately one mile stretch of North Walker Road leading to the proposed site in order to meet the standards stipulated by TCEQ in the draft permit. The Commissioners would not support it and the community is very appreciative of their support! -North Walker Road is a narrow, two-lane road. It is a prescriptive rights roadway that was built to serve the residents in the area and it will have to be widened to accommodate waste trucks, school buses and local residents. The County may have to use eminent domain to condemn the property of folks who won't agree to sell their land to improve the roadway. -Other landfill companies will be very interested in the outcome of this issue as it can set a far-reaching precedent. -Local residential and business development in the area over 35 years will provide much more revenue in a more beneficial manner than a large landfill. June 2006 - MLS met with TCEQ to discuss proposed revisions to the permit. This is what we understand transpired. 1-MLS advised TCEQ that the permit would be revised to reflect a new managing partner. -According to TCEQ, this would require that MLS file a new proof of competency. 2-MLS advised TCEQ that they had purchased approximately 700 acres south of the proposed site to be used to build a private road. -MLS proposes to use the first 2,000 feet of North Walker Road and then would use a private road that would be approximately one mile in length. -Note: MLS will need to coordinate with other government agencies to build this new road and that includes the USACE concerning wetlands. Public comment is part of this process. -TCEQ informed MLS that this was a major change (amendment) to the permit and that new notice, a new public meeting and public comment would be necessary. -TCEQ also informed MLS that the permit had taken more than the specified amount of time allocated for permit approval and MLS must confirm the delays were at MLS's request not due to TCEQ delays. -TCEQ also informed MLS that the technical staff is overloaded and the revision process would not be swift. 3-MLS advised TCEQ that the SOP (Site Operating Plan) would be updated to reflect new rules. -According to TCEQ, the SOP revision will most likely be a small change and new notice is not required. Other Considerations -According to TCEQ, it would take several months after MLS submits proposed permit revisions to get back to an approved draft permit. This must happen before public comments; public meeting and response to comments can begin. North Walker Road Developments -The purchase agreements for additional MLS acreage were signed by Jeff McClanahan as manager of EJRGP, LLC, EJR Enterprises LTD, Montgomery County Landfill General Partners, LLC and Montgomery County Landfill Solutions, LP. -Cleveland Surveying Company surveyed the new land purchase of 682.9 acres, the North Walker Road right-of-way and the original 473-acre tract. Community Concerns -The permit states that waste will come from Harris, Montgomery, Liberty, Waller and San Jacinto Counties. Why is East Montgomery County to become a waste site for 5 counties? -Will the additional 683 acres eventually be used for future expansion of the landfill if the permit is approved? This could create an enormous 1,000 acre landfill in East Montgomery County. Remember the Waste Management Landfill is only 1.5 miles south of the proposed MLS landfill site. -This potentially gigantic landfill complex could subsequently be upgraded to an industrial, hazardous waste or household waste landfill. Should a small community be subjected to multiple safety hazards due to close proximity to a large landfill complex? -The proposed landfill will be permitted to 200 ft high. This height is much higher than surrounding tree cover thus subjecting the surrounding community to potential pollution from windblown dust and particulate pollutants from the site. -Should a residential neighborhood share its roadway with over 350 waste trucks each day? The community has consistently asserted that the MLS proposal must have a dedicated roadway off of SH 105. The other two Waste Management landfills, also located in East Montgomery County, both have dedicated roadways. -Much of drinking water in the area is from water wells and they are in grave danger of potential ground water pollution from the landfill site. -The area often experiences flooding during heavy rainfall. Pollutants from the site can easily escape and get carried into the community via floodwaters from Lawrence and West Fork Spring Branch creeks. Both creeks bound the proposed landfill site and flow through the surrounding communities. -Several acres of non-jurisdictional wetlands stand to be destroyed during construction of the site. These wetlands hold potential floodwaters during heavy rainfall. Their destruction leaves the area even more vulnerable to potential flooding. -This proposed site is located within a National Forest. Numerous migratory birds pass through the area and could be injured or poisoned by the site itself or by pollution that can escape into the air and surface water. -Should East Montgomery County become "Landfill Central" for a five county area! This area is one of the most beautiful areas of Eastern Texas and without a doubt has enormous potential. It should not be wasted due to greed, lack of due diligence and bad planning! NOTICE IMPORTANT CAML UPDATE!!! AUGUST 2006 -MLS has contacted CAML attorneys Blackburn Carter and has offered to discuss a possible settlement for the landfill. -CAML members discussed the different options and outcomes at the regular monthly meeting on August 1. Further discussions will be held during the regular monthly meeting Sept 5. -CAML is also scheduling a community wide public meeting for later in September to fully inform the community and all protestants to the permit. -Nothing will be decided without input from residents on North Walker Road and the community!!! -Briefly, the MLS proposal for a settlement will mean that MLS will still put in the landfill but they will make improvements to the permit proposal based upon CAML's and the community's written opposition. -General topics of the settlement can be the type of landfill, the height, the liner and much more. This is not a buy-out plan! -Please be assured that traffic safety on North Walker Road has the absolute highest priority! -Please call Glenn Bell (281-592-7344), Trudi O'Neil (281-592-1141), David Tate (936-264-2877) or Leah Smith (936-445-1493) if you have questions. -Please plan to attend the September 5 meeting, 7:00 PM at the Security Community Center for further update. Additional information will be on the website in the next week. June Update CAML Update June, 2006 MLS met with TCEQ Wednesday June 14, 2006 to discuss new developments to the permit. This is what happened during the meeting. 1-MLS advised TCEQ that the permit would be revised to reflect a new company and a new managing partner (most likely Jeff McClanahan) . 2-MLS reported to TCEQ that they had purchased approximately 700 acres south of the proposed site to be used to build a private road. MLS would use the first 1,600 feet of North Walker Road and then would use a private road that would be approximately one mile in length. -MLS will need to coordinate with other government agencies to build this new road and that includes the US Army Core of Engineer permits concerning wetlands. Public comment is part of this process. -TCEQ told MLS that this was a major change (amendment) to the permit and that new notice, a public meeting and public comment would be necessary. -TCEQ estimates that it will be 6-9 months to generate an amended draft permit. This must happen before public comments, a public meeting and response to comments can begin again. According to TCEQ, it will most likely be 12 to18 months before a Contested Case Hearing can happen. 3-MLS advised TCEQ that the SOP (Sight Operating Plan) would be updated to reflect new TCEQ rules. TCEQ says the SOP revision will most likely be a small change to the permit and new notice is not required. CAML will monitor this closely! CAML Activity +CAML is very appreciative of the help from County Commissioner Rinehart and all of Commissioner's Court for their continued support of our opposition to the permit. CAML continues to work with Montgomery County Commissioners Court insure that the most recent MLS proposal that the County agree to upgrade North Walker Road and build their private road is not considered until after the Contested Case Hearing. (Note: MLS has tried to submit several of these proposals to the County and all have been turned away!) +The MLS proposal also states that MLS will pay Montgomery County royalties on the waste stream that are projected to be $16 MM over the 35-year life of the landfill. This promised, but not proven, revenue stream breaks down to $500,000 per year total and $125,000 per year per precinct. This "payment" will not cover the cost of the roadway damage from the projected 300-400 truckloads per day that will deliver waste to the site. +CAML is asking citizens in the Security/Midway/Cut and Shoot/Grangerland area to sign a petition that will be delivered to the County Commissioners. The petition requests that they continue their support and not consider the MLS proposal until after the Contested Case Hearing. The purpose of the petition is to show our continued opposition to the permit and to offset the pressure that MLS is putting on the County Commissioners. Our voice needs to be unified and it needs to have more impact than MLS! +As you remember, TCEQ has stipulated the landfill cannot begin to accept waste until North Walker Road is widened and upgraded to 80,000 lb weight capacity. It is a prescriptive rights roadway and all lands are privately owned. The County will have to use eminent domain to make the road wide enough for waste trucks and residents too. +CAML believes that continued support from Montgomery County is one of the key strengths in our opposition to the permit. We will continue to work to keep their support and are asking the community to support this effort! Montgomery County support of MLS proposal at this time will only facilitate approval of the TCEQ permit. +The next CAML meeting is July 11, 7:00 PM at the Security Community Center. We will discuss these and other important topics in detail. +Please call Trudi O'Neil 281-592-1141 or Glenn Bell 281-592-7344 for more information. Website update - July 1. STOP THE LANDFILL UPDATE Citizens Against Montgomery Landfills (CAML) Update Meeting - July 11, 7:00 PM at the Security Community Center Next Update will be on the site by July 1 New Developments -MLS has requested that TCEQ temporarily delay the Contested Case Hearing (CCH). -MLS has again approached Montgomery County Commissioners Court with a contract proposal that would require the County upgrade the first 2,000 feet of North Walker Road starting at the SH 105 intersection. -In return, MLS will pay the County a royalty on the amount of waste coming to the site. MLS claims that it will total $16 MM over the 35 year life of the landfill. As far as we know, MLS doesn't have a demonstrated track record in the waste industry. -MLS has also reported to the County that it has acquired a large tract of land west of North Walker Road. The land allegedly was purchased from Copper Station Holdings. MLS proposes to use the land to build a roadway that will allow the waste trucks to travel along the first 2,000 feet of North Walker Road, then turn off and proceed west to a roadway that will be built on the new acreage. CAML has not been able to confirm this as none of the transactions have been recorded. Considerations for the Community -Based upon the new developments with the MLS roadway to the proposed landfill site and the MLS proposal to Commissioner's Court, we can only believe that MLS has delayed the CCH in order to convince the County to build the road. -MLS must revise the operating plan for the permit if the new roadway through the Copper Station Holding property requires changes in the entry to the site. -MLS has reportedly said that the extra acreage purchased from Copper Station Holdings not used to build the new roadway will be used to build houses. Who will voluntarily buy a house next door to a 200 foot tall landfill? -Friends and neighbors the time is drawing near for the CCH!! We need to be writing & calling Commissioner Rinehart, Judge Sadler & Commissioner's Court thanking them for their support. We want them to understand that those trucks do not belong on North Walker Road at all!!! This case needs to go to a CCH so that all of the issues - large trucks on North Walker Road, local traffic safety, water well pollution, ground water pollution, surface water pollution & landfill clustering need to be heard. We must be sure that our County officials understand that we will not back-off on this!! CAML REPORT ON THE STATUS OF PROPOSED LANDFILL - MLS Permit #2324 January 1, 2006 THIS IS NOT A DONE DEAL - TCEQ will most likely grant a Contested Case Hearing that will be held mid year 2006. We will know more by late January or February 2006. The environmental legal firm Blackburn and Carter will represent CAML and the community at the hearing. According to the TCEQ permit restrictions - North Walker Road must be widened and upgraded to 80,000 pound weight capacity before the landfill can receive waste. MLS has made several attempts to approach the Montgomery County Commissioners Court and offer them money to build the road. All of these offers have been unsuccessful due to lack of support in Commissioner's Court and to CAML's diligence. North Walker Road is not a County road. MLS must purchase a substantial amount of land to upgrade the road. This is a real issue for them and it will very hard for them to make it happen. Commissioner Rinehart, County Judge Sadler, Commissioner Doyal, State Representative Hope, Senator Staples, the City of Cleveland are all on record in opposition to this landfill. KEY ISSUES FOR THE COMMUNITY -Large truck traffic on North Walker Road, SH 105 & surrounding roadways. -Water well contamination for homes around the landfill. -Regional contamination of groundwater in the Chicot and Evangeline aquifers. -Contamination of surface water during local flooding. -The landfill will take waste from 5 counties (Harris-Montgomery-San Jacinto-Waller-Liberty). HOW CAN YOU HELP -Attend our meetings the first Tuesday of each month at 7:00 PM, at the Security Community Center located on SH 105. We keep you informed and plan fundraisers. -Volunteer to help with fundraising to raise money to help pay the costs for our legal firm Blackburn and Carter and their technical experts. We are fundraising to help reduce the costs for the Contested Case Hearing. Our hope is to help reduce the costs that any individual family would need to pay to fight the landfill. -Make a donation to Blackburn Carter. -For more information please contact-Glenn Bell 281-592-7344; Trudy Oneil 281-592-1141 MORE DETAILS ABOUT KEY ISSUES FOR THE COMMUNITY Large truck traffic on North Walker Road and SH 105 The Applicant is projecting 478 individual waste disposal vehicle trips per day (in and out) to the proposed landfill. The Applicant also claims this increased traffic will not impact the community. The stark reality is that a waste truck will traverse North Walker Road every 1.0 to 1.5 minutes all day every day. Large truck traffic will dominate access to the community, hindering access by emergency vehicles, endangering the safety of senior citizens, families commuting to and from work and children getting on or off the school bus. This community should not have to share its main access with hundreds of waste disposal trucks. Potential Water Well Contamination for Homes Around the Landfill. Several hundred homes within a one-mile radius of the proposed landfill use water wells for their drinking water. These wells are screened in either the Chicot or the Evangeline aquifer. The Chicot aquifer directly overlies the Evangeline aquifer and they are both the primary source of drinking water for this area. Contamination of Groundwater in the Chicot and Evangeline Aquifers. The base of the proposed landfill (70 ft below the surface) will lie within the Chicot aquifer and will be very near the top of the Evangeline aquifer. The strata below the base of the landfill is primarily sand, silt and gravel. This means that there are no extensive clay boundaries between the base of the landfill and the two underlying aquifers. Waters wells around the site and the two aquifers are at great risk for pollution and contamination. The landfill actually lies with the surface recharge area for the Chicot aquifer and on the southern edge of the surface recharge area for the Evangeline. Landfills are not supposed to be placed in aquifer recharge zones. MLS has proposed a clay liner that allegedly will protect the underlying aquifers from landfill pollutants. The design, composition and structural integrity of the liner are questionable. Contamination of surface water during local flooding. Contaminated fluids will be transported off the site and into the surrounding North Walker Road community via rainfall runoff and local flooding from Lawrence and West Fork Spring Branch Creeks. These two creeks are very active and flow effluent groundwater and rainfall runoff for most of the year. They often cause localized flooding in the adjacent communities. Much of the engineering design by MLS is based upon FEMA floodplain map designation of the 100-year floodplain. Current FEMA maps were generated over 25 years ago. They were based upon air photos and have not been updated since then.