AIR PERMIT APPROVED
THE CITY OF DENISON
NEEDS OUR HELP
Andrew Messer with Messer Fort, PLLC, the attorney that the City of Denison has hired to stop the trucks going to the current NTNSM, LLC site, is collecting stories from neighbors in our area. He is looking for people that have personally had an encounter or incident with the trucks headed to the current sand and dirt site on Fannin Avenue. Mr. Messer has asked TRACC to share with our neighbors to help collect stories that could help the City of Denison with this ongoing trucking situation. If you have a story that could help him help the City of Denison, please share it on the questionnaire link below, as this will help him with his case to support the City of Denison's decision to put up the "No Truck" signs.
We will close the questionnaire next Monday, November 11th. Please know that you may be called upon after the completion of the survey to speak with Mr. Messer in person.
Again, on behalf of your TRACC neighbors, we are so thankful for your help and for working together to get all the necessary information and stories to support the City of Denison's efforts to stop the trucks traveling down Fannin Avenue.
Please note that if you do not have a Gmail account or have any trouble with the questionnaire link below, you may email nodenisoncrusher@gmail.com. Please include your full name and share your story in the body of the email. Thank you!
CRUSHER APPROVED
Since the Texas Commission on Environmental Quality (TCEQ) has approved the Air Quality permit, North Texas Natural Select Materials, LLC (NTNSM) can legally begin construction on the concrete crusher and purchase/deliver equipment. They can operate despite the risk that a judge might overturn the permit if anyone decides to pursue legal action and that lawsuit succeeds. However, in the meantime, they can move forward with their operations.
RESPONSE TO PUBLIC COMMENT
On October 11, TCEQ posted their RESPONSE TO PUBLIC COMMENT. Everyone who made a public comment should receive a copy in the mail, but it is available online now.
MOTION TO OVERTURN
Regarding this permit, five motions to overturn (MTOs) were filed with the Texas Commission on Environmental Quality (TCEQ). The TCEQ Commissioners have sent letters urging the Executive Director to deny these MTOs. To view all the associated correspondence, visit TCEQ eFiling and enter permit number 175198 in the third box.
HOW CAN I HELP?
Many of you have asked how to contribute to the legal expenses for one of the MTOs filed against TCEQ. John Huckle, a local beekeeper whose property sits just outside the proposed crusher site, has created a dedicated page on his website for this effort. There, you'll find various options for donating, and any contribution, no matter the amount, will make a meaningful difference (even if you'd love to buy some local honey!). Legal battles are costly and will be long, so your support is crucial. Please consider donating today—your help will directly fuel this important cause!
Huckle Bee Farm fights TCEQ and NTNSM to stop the concrete crushing plant
KXII News article: Texoma bee farm taking on TCEQ
Please stay informed by following our Facebook Page or Facebook Group. You may also email us at nodenisoncrusher.org to be added to the mailing list.
NTNSM LAWSUIT
NTNSM has filed a lawsuit against the City of Denison over truck traffic restrictions. In response, the city has hired an attorney and filed a Motion to Dismiss. The lawsuit pertains to NTNSM’s current sand and gravel business, which operates at this location. While you may not have seen semi-trucks driving down Fannin Avenue, NTNSM has not stopped its operations. In their lawsuit, NTNSM stated they temporarily closed as of August 30, 2024, due to their inability to get trucks to the facility. However, this is unrelated to the Air Permit they received for the Concrete Crusher.
Status of this lawsuit and its jurisdiction issue: “Accordingly, it is further ORDERED that, no later than Tuesday, October 15, 2024, at 10 a.m. Central Standard Time, Plaintiff shall advise the court whether it intends to drop its federal claim (Court Four) to allow litigation to proceed in state court.”
ROAD CONDITIONS
Temporary road repairs have been completed to repair damage on Fannin Avenue caused by excessive truck traffic heading to NTNSM’s existing sand and gravel business.
Art Arthur, Grayson County Commissioner Precinct 2, posted the following update:
“Fannin is going to get temporary edge repair and potholes patched. Complete rebuild cannot be done until it is known what kind of traffic it will be subjected to, heavy commercial or normal passenger vehicles. What repairs are coming will be base rock edge but it will be better until a final outcome is reached in Court.”
Related News article at KTEN News:
WHAT’S THIS ALL ABOUT? If this is your first time hearing about this issue, please read the Background Information.
Prior Updates
Update August 1, 2024: THE DEADLINE FOR PUBLIC COMMENTS HAS BEEN EXTENDED until Monday, August 5! We have 490 comments so far. Please share continue to share! If you have made a public comment already, thank you! Note that you may comment more than once. If you haven’t made a comment yet, we have instructions and cut-and-paste comments. See Public Comments.
Update July 31, 2024: TODAY IS THE LAST DAY FOR PUBLIC COMMENTS! If you have made a public comment already, thank you! We have 460 comments so far. Please share continue to share! If you haven’t made a comment yet, we have instructions and cut-and-paste comments. See Public Comments.
Update July 27, 2024: This website has been updated to better focus on what the TCEQ considers when making the decision about the air permit. They will consider nuisance dust, ambient air quality, and health impacts. See Air Permit Overview.
Update July 26, 2024: If you've noticed fewer trucks lately, it doesn't mean the issue is resolved. Truck traffic on and around Fannin Avenue fluctuates due to weather and changing demand for dirt from nearby construction projects. If this permit is approved, expect an INCREASE, not a decrease, in truck activity. NTNSM will continue to bring trucks for the current sand and gravel pit AND bring in additional trucks to transport concrete for recycling. (While the trucks are an obvious problem, please know that TCEQ will not respond to road or truck traffic complaints. See Roads.)
Update July 25, 2024: A huge THANKS to everyone helping to spread the word, especially all the volunteers who showed up on the 20th to help distribute flyers and signs! Please keep sharing; the public meeting is only one week away!
Update July 16, 2024: Texoma Residents Against the Concrete Crusher (TRACC) has a Facebook profile page. Please follow and share to help spread the word!
Update July 13, 2024: See updated Road Conditions information.
Update July 11, 2024: Yard signs are available! Email nodenisoncrusher@gmail.com
Update July 9, 2024: County Commissioner’s Court (July 9 Meeting Notes.)
Update July 8, 2024: More news coverage of this issue. See NEWS.
Update July 7, 2024: A new Facebook group, Texoma Residents Against the Concrete Crusher (TRACC) has been created to help oppose this facility. Please join and share.
Update July 3, 2024: The Texas Commission on Environmental Quality has set a Public Meeting for Thursday, August 1, at 7:00 PM. The location is the Kidd-Key Auditorium at 400 N. Elm Street in Sherman. View the public notice here. We need a good showing at this meeting, so please plan on attending!
Concerned citizens will hold a planning meeting on Saturday, July 6, at 11:00 AM. The location is the Red River Cowboy Church at 3800 Hwy. 691 in Denison. Please attend this meeting to help organize opposition to this plant. We want to be ready for the public hearing! (July 6 Meeting Notes.)
Update June 10, 2024: TCEQ has granted a Public Hearing concerning the Denison Permanent Rock and Concrete Crusher. No date, time, and place are set yet. Public Comment is still open. As of today, only 262 public comments have been received. We need more! The low number of comments may influence TCEQ to allow the crusher to be put here. If you have not submitted a public comment, please do so before the public hearing.
Update May 17, 2024: At this point, we can still protest this permit, so please continue to share with everyone in the area and post your comments if you haven’t already. Everyone who makes a public comment should receive written notice of public hearings.
Update May 7, 2024: This permit may currently be in a Deficiency Cycle with TCEQ. More information will be posted as it becomes available. In the meantime, please keep sharing and adding comments opposing this plant.