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PUBLIC NOTICE: Texas Commission on Environmental Quality notice of receipt of application authorizing construction of a permanent Concrete Batch Plant located at 1701 East Fulgham Road, Hutchins, Dallas County, Texas 75141.

Texas Commission on Environmental Quality






Proposed Air Quality Permit No. 159625


APPLICATION. Heritage Materials, LLC, has applied to the Texas Commission on Environmental Quality (TCEQ) for the issuance of Permit No. 159625. 

This application would authorize construction of a permanent Concrete Batch Plant located at 1701 East Fulghum Road, Hutchins, Dallas County, Texas 75141. 

This application is being processed in an expedited manner, as allowed by the commission’s rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This link to an electronic map of the site or facility’s general location is provided as a public courtesy and not part of the application or notice. 

For exact location, refer to application.

The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.

This application was submitted to the TCEQ on December 27, 2019. The executive director has completed the administrative and technical reviews of the application and prepared a draft permit which if approved, would establish the conditions under which the facility must operate. 

The permit application, executive director’s preliminary decision, and the draft permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and the Atwell Public Library, 300 North Denton Street, Hutchins, Dallas County, Texas, beginning the first day of publication of this notice. 

The facility’s compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas. Visit to review the standard permit.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting. See Contacts section. The TCEQ will consider all public comments in developing a final decision on the application. The deadline to submit public comments or meeting requests is 30 days after newspaper notice is published. Issues such as property values, noise, traffic safety, and zoning are outside of the TCEQ’s jurisdiction to consider in the permit process.

The purpose of a public meeting is to provide the opportunity to submit comments or ask questions about the application. A public meeting about the application will be held if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. 

A public meeting is not a contested case hearing. If a public meeting is held, the deadline to submit public comments is extended to the end of the public meeting. 

CONTESTED CASE HEARING. You may request a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission’s decision.  Further, the Commission will only grant a hearing on those issues submitted during the public comment period and not withdrawn. The deadline to submit a request for a contested case hearing is 30 days after newspaper notice is published. If a request is timely filed, the deadline for requesting a contested case hearing will be extended to 30 days after the mailing of the response to comments. Unless a written request for a contested case hearing is filed within 30 days from this notice, there is no further opportunity to request a contested case hearing and the executive director may approve the application.

A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. To request a hearing, you must submit the following: 

(1) your name (or for a group or association, an official representative), mailing address, daytime phone number; 

(2) applicant’s name and permit number; 

(3) the statement “[I/we] request a contested case hearing;” 

(4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; 

(5) the location and distance of your property relative to the facility; 

(6) a description of how you use the property which may be impacted by the facility; and 

(7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. 

The interests which the group or association seeks to protect must be identified. You may submit your proposed adjustments to the application which would satisfy your concerns. See Contacts section.

TCEQ ACTION. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. 

The executive director’s decision on the application, and any response to comments, will be mailed to all persons on the mailing list. If no timely contested case hearing requests are received, or if all hearing requests are withdrawn, the executive director may issue final approval of the application. 

If all timely hearing requests are not withdrawn, the executive director will not issue final approval of the permit and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting. 

The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. 

If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material air quality concerns submitted during the comment period. 

Issues that are not submitted in public comments may not be considered in a hearing. Issues such as property values, noise, traffic safety, and zoning are outside of the Commission’s jurisdiction to address in this proceeding.

MAILING LIST.  You may ask to be placed on a mailing list to receive additional information on this specific application by sending a written request to the Office of the Chief Clerk. See Contacts section. 

INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners’ Integrated Database (CID) at Once you have access to the CID using the link, enter the permit number at the top of this notice. 

CONTACTS. Public comments and requests must be submitted either electronically at, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. 

Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency’s public record.  For more information about this application or the permitting process, please call the TCEQ Public Education Program toll free at 1-800-687-4040 or visit their website at Si desea información en Español, puede llamar al 1-800-687-4040.

Further information may also be obtained from Heritage Materials, LLC, 608 Henrietta Creek Road, Roanoke, Texas 76262-6339 or by calling Mrs. Melissa Fitts, Vice President, Westward Environmental, Inc. at (830) 249-8284.

Notice Issuance Date: January 10, 2020

Ellis County Press

208 S Central St. 
Ferris, TX 75125