The reason for this petition is it to help prevent and proactively curb the negligent nuisances and intentional nuisances related to Texas noise makers as supported by the Texas Supreme Court. As in the case Crosstex North Texas Pipeline L.P. v. Andrew and Shannon Gardiner, in its opinion, the Texas Supreme Court noted that a nuisance is a particular legal injury that occurs where a landowner’s use or enjoyment of their land is interfered with by another party.
This petition is the result of my frustration with noise related to a new strip mining rock quarry being built on-top of our only Wise County Park and across the lake from my small ranch and lake house. After a weeks’ worth of complaining to the Local County Judge, the TCEQ, and the Rail Road Commission (all saying the other can help), I finally learned that in Texas the County Government has no rights in creating ordinances and the TCEQ and RRC cannot deal with noise or rock surface mining. In Texas; there is no protection for land owners from negligent and intentional creators of noise and nuisances except to take those to court.
Where I live, Chico Texas; Rock quarry strip mines are getting more and more blatantly disrespectful with their negligent and intentional nuisances. First there was Blue Star within 1500 feet of the city limit and 20 feet from Hwy 101, then PK Stone within 1500 feet of the city limit and 20 feet from 1810, and now HL Mining is 5 feet from Wise County Park and Lake Bridgeport. If 5 feet from a public park is not a negligent/intentional nuisance, I'm not sure what is? Citizens must say enough is enough. We don’t want to step on anyone’s toes, but please, if you step on our toes we must react. Please voice your opinion that enough is enough.
Please join in voicing your opinion that Texas State Government must create a permitting system and or laws related to industries operating noisy operations, or allow Local County governments to create ordinances for the same purpose. Some logical common sense limits must be established for noisy operators to exist within homes, public parks, public lakes, highway entrance, and city limits. Else we have strip mines showing up 5 feet from our local county parks and county land and nothing can be done about it, like has happened in Wise County.
Either Texas State Government needs to make the ordinances (which would be ideal given the Texas Supreme Court rulings) or simply allow Local County Governments to create noise nuisance ordinances that the public approves.
Please sign.
Or noise like this might show up next to your own property just outside city limits and your local government will not help. Or worse, members of your local government might even be the catalyst of the nuisance because they believe it is legal and had no consideration for the neighbors in the area, as has happened in this situation.
Dec 2019, Leaves have fallen and the noise is significantly worse.
https://1drv.ms/v/s!AmCxsA0YMtbT618siKtQchyRJC_E
Oct 2019, just more and more evidence that this issue will be getting worse, and it's pathetic a Canadian citizen is creating this noise next to our county park and lake while our Texas law makers love and endorse it by ignoring the issue.
https://1drv.ms/v/s!AmCxsA0YMtbT4hyyMfJjCuvwTd9S
April 26 2019, crusher noise, equipment beeping, often hear motor revving.
https://1drv.ms/v/s!AmCxsA0YMtbT4RbA7rdfifhUeVs5
Aug 1 2018, while they were bull dozing 200 acres of trees
https://1drv.ms/v/s!AmCxsA0YMtbT3BKIWu5XlvWGbZ7U
https://1drv.ms/v/s!AmCxsA0YMtbT3Aj7SFxpUGUpGR4J
Arial Lake Wise County Park before:
https://1drv.ms/u/s!AmCxsA0YMtbT3BOeR-NpsMddDWMD
Arial Lake Now:
https://1drv.ms/u/s!AmCxsA0YMtbT3BSVY5xWHe9V7Yv_
The main difference between the old existing quarries and this new quarry is the old quarries are on the opposite side of topology (other side of the mountain) where as the new quarry is on the lake's side of topology and essentially creates an amphitheater on a hill over the lake/water. We all should know that sound over water is amplified: https://www.school-for-champions.com/science/sound...
See Page 7: http://www.bridgeportindex.com/Specials/Lake Iss...
The latest Texas Supreme Court ruling determines that land owners should be protected from industrial nuisances. Yet no laws exist to help in this protection.
https://www.texasoilandgasattorneyblog.com/require...
And please, if anyone reading has a Reddit account (good Karma) Reddit's /r/TexasPolitics sub-Reddit is highly frequented by the media so engaging in this discussion will keep this issue in front of the media, which is huge! The truly concerned and supportive media is our only hope for reform.
https://www.reddit.com/r/TexasPolitics/comments/93...
Here is another example of a single land owner/mining company ruining a public park.
https://www.google.com/maps/place/Cleburne+State+P...
16 Comments
There should be some reasonable control-- Texas is big on individual property rights, though, and corporations tend to take advantage of that... their opinion "sue me" is not something the average homeowner or resident can afford.
I totally understand. Progress in our area has prompted two sandpits that operate at night in the summer! Developers have no regard for the land except what pads there pockets! SURELY Texas is big enough they can shove their quarry somewhere else.
I'm pretty sure concrete foundations/piers is not negatively impacted. Though the blasts absolutely cause drywall joint cracks, shower tile cracks, and cracks between the crown molding and ceiling. My house resonates. But the burden of proof is impossible, just another benefit offered to the surface miners with zero empathy and zero sympathy to their neighbors. I absolutely believe the surface miners are smiling as they detonate their explosives. Law makers should recognize the issue; while everyone consumes the rock that is harvested at somewhat our expense and discomfort. Yet the Railroad Commission can only regulate coal and uranium, really, in Texas. And the TCEQ has nothing to say about noise and ignores the dust 1500 feet from Chico city limits.
Land 1 foot outside a city limit has no protection from those that would steal our peace and land value. Help is needed.
Why should we be paying higher land taxes living on the lake when the value of our homes are falling due to dust from the quarries and noise .
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The reason for this petition is it to help prevent and proactively curb the negligent nuisances and intentional nuisances related to Texas noise makers as supported by the Texas Supreme Court. As in the case Crosstex North Texas Pipeline L.P. v. Andrew and Shannon Gardiner, in its opinion, the Texas Supreme Court noted that a nuisance is a particular legal injury that occurs where a landowner’s use or enjoyment of their land is interfered with by another party.
This petition is the result of my frustration with noise related to a new strip mining rock quarry being built on-top of our only Wise County Park and across the lake from my small ranch and lake house. After a weeks’ worth of complaining to the Local County Judge, the TCEQ, and the Rail Road Commission (all saying the other can help), I finally learned that in Texas the County Government has no rights in creating ordinances and the TCEQ and RRC cannot deal with noise or rock surface mining. In Texas; there is no protection for land owners from negligent and intentional creators of noise and nuisances except to take those to court.
Where I live, Chico Texas; Rock quarry strip mines are getting more and more blatantly disrespectful with their negligent and intentional nuisances. First there was Blue Star within 1500 feet of the city limit and 20 feet from Hwy 101, then PK Stone within 1500 feet of the city limit and 20 feet from 1810, and now HL Mining is 5 feet from Wise County Park and Lake Bridgeport. If 5 feet from a public park is not a negligent/intentional nuisance, I'm not sure what is? Citizens must say enough is enough. We don’t want to step on anyone’s toes, but please, if you step on our toes we must react. Please voice your opinion that enough is enough.
Please join in voicing your opinion that Texas State Government must create a permitting system and or laws related to industries operating noisy operations, or allow Local County governments to create ordinances for the same purpose. Some logical common sense limits must be established for noisy operators to exist within homes, public parks, public lakes, highway entrance, and city limits. Else we have strip mines showing up 5 feet from our local county parks and county land and nothing can be done about it, like has happened in Wise County.
Either Texas State Government needs to make the ordinances (which would be ideal given the Texas Supreme Court rulings) or simply allow Local County Governments to create noise nuisance ordinances that the public approves.
Please sign.
Or noise like this might show up next to your own property just outside city limits and your local government will not help. Or worse, members of your local government might even be the catalyst of the nuisance because they believe it is legal and had no consideration for the neighbors in the area, as has happened in this situation.
Dec 2019, Leaves have fallen and the noise is significantly worse.
https://1drv.ms/v/s!AmCxsA0YMtbT618siKtQchyRJC_E
Oct 2019, just more and more evidence that this issue will be getting worse, and it's pathetic a Canadian citizen is creating this noise next to our county park and lake while our Texas law makers love and endorse it by ignoring the issue.
https://1drv.ms/v/s!AmCxsA0YMtbT4hyyMfJjCuvwTd9S
April 26 2019, crusher noise, equipment beeping, often hear motor revving.
https://1drv.ms/v/s!AmCxsA0YMtbT4RbA7rdfifhUeVs5
Aug 1 2018, while they were bull dozing 200 acres of trees
https://1drv.ms/v/s!AmCxsA0YMtbT3BKIWu5XlvWGbZ7U
https://1drv.ms/v/s!AmCxsA0YMtbT3Aj7SFxpUGUpGR4J
Arial Lake Wise County Park before:
https://1drv.ms/u/s!AmCxsA0YMtbT3BOeR-NpsMddDWMD
Arial Lake Now:
https://1drv.ms/u/s!AmCxsA0YMtbT3BSVY5xWHe9V7Yv_
The main difference between the old existing quarries and this new quarry is the old quarries are on the opposite side of topology (other side of the mountain) where as the new quarry is on the lake's side of topology and essentially creates an amphitheater on a hill over the lake/water. We all should know that sound over water is amplified: https://www.school-for-champions.com/science/sound...
See Page 7: http://www.bridgeportindex.com/Specials/Lake Iss...
The latest Texas Supreme Court ruling determines that land owners should be protected from industrial nuisances. Yet no laws exist to help in this protection.
https://www.texasoilandgasattorneyblog.com/require...
And please, if anyone reading has a Reddit account (good Karma) Reddit's /r/TexasPolitics sub-Reddit is highly frequented by the media so engaging in this discussion will keep this issue in front of the media, which is huge! The truly concerned and supportive media is our only hope for reform.
https://www.reddit.com/r/TexasPolitics/comments/93...
Here is another example of a single land owner/mining company ruining a public park.
https://www.google.com/maps/place/Cleburne+State+P...
16 Comments
Not only the noise and dust, but has anyone noticed the run off that has went to the lake from the stock piles since the rains? There is no possible way this company can 100% contain the the dirty water from going into the lake with there piles so close to the boundary. I worked in the mining industry for 35 years and know that you can not operate heavy equipment without having fuel spills or hydraulic lines leak or break or pick up all the grease and oil that is dropped. What is this company's contingency plan for spills and contamination?
There should be some reasonable control-- Texas is big on individual property rights, though, and corporations tend to take advantage of that... their opinion "sue me" is not something the average homeowner or resident can afford.
I totally understand. Progress in our area has prompted two sandpits that operate at night in the summer! Developers have no regard for the land except what pads there pockets! SURELY Texas is big enough they can shove their quarry somewhere else.
I'm pretty sure concrete foundations/piers is not negatively impacted. Though the blasts absolutely cause drywall joint cracks, shower tile cracks, and cracks between the crown molding and ceiling. My house resonates. But the burden of proof is impossible, just another benefit offered to the surface miners with zero empathy and zero sympathy to their neighbors. I absolutely believe the surface miners are smiling as they detonate their explosives. Law makers should recognize the issue; while everyone consumes the rock that is harvested at somewhat our expense and discomfort. Yet the Railroad Commission can only regulate coal and uranium, really, in Texas. And the TCEQ has nothing to say about noise and ignores the dust 1500 feet from Chico city limits.
Land 1 foot outside a city limit has no protection from those that would steal our peace and land value. Help is needed.
Why should we be paying higher land taxes living on the lake when the value of our homes are falling due to dust from the quarries and noise .
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Medicament information for patients. Brand names. how to get zyrtec Actual what you want to know about drug. Read information now.
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Not only the noise and dust, but has anyone noticed the run off that has went to the lake from the stock piles since the rains? There is no possible way this company can 100% contain the the dirty water from going into the lake with there piles so close to the boundary. I worked in the mining industry for 35 years and know that you can not operate heavy equipment without having fuel spills or hydraulic lines leak or break or pick up all the grease and oil that is dropped. What is this company's contingency plan for spills and contamination?