Polluters Page - Guardians of Lick Creek

Lick Creek is being polluted by irresponsible, uncaring, willful, illegal acts on the part of the developers of the West Cypress Hills subdivision, a housing development just above the creek. They have created a situation in which every rain event washes silt and mud down from their construction site into the creek. They have attempted to hold back the damage with this dam and detention pond, both of which have failed on more than one occasion and their construction has been shut down by both the U.S. Army Corps of Engineers and the Lower Colorado River Authority.

This rock berm is the developer's weak attempt to check the flow of pollutants from their dam above it. Notice how well it does?

This high aerial view puts the West Cypress Hills subdivision in perspective. It is a large chunk of coldly and carelessly stripped out land in the midst of a lush green Hill Country paradise.

Close shot of the detention pond and illegal discharge.

Here is a close aerial view of the development's too little, too late, mud-filled detention pond and its disgusting, illegal discharge into the formerly pristine Lick Creek.

Here are some excerpts from stories in the Austin American Statesman by Kevin Carmody, the Austin Chronicle by Amy Smith, and Channel 8 News by James Keith.

In August 2003, neighbors on Lick Creek noticed muddy pollution in the creek. Clear water flowed into the detention pond of the West Cypress Hills development upstream and flowed out polluted. A stop work order was issued on March 18 by LCRA pending solution of the problems.

4/5/2004 “WE’RE TAKING EVERY SUGGESTION THEY (LCRA) COME UP WITH, ” developer Rusty Parker said. “WE DIDN’T WANT TO BUILD THE DAM IN THE FIRST PLACE. BUT THE RULES SAY YOU CAN’T RELEASE ANY MORE WATER FROM YOUR PROPERTY AFTER DEVELOPMENMT THAN WAS RELEASED BY THE NATURAL GROUNDS.”

Parker also questions whether development is responsible for all pollutants entering the creek and plans to ask the LCRA to check the septic systems of the downstream neighbors to make sure none are malfunctioning. “I’LL EXPECT THEM TO UPGRADE,” he said. “I THINK IT IS ONLY FAIR.”

4/6/2004 Two federal agencies are investigating possible violations of the federal Clean Water Act and Endangered Species Act at West Cypress Hills

Russell Parker, developer, said HIS CONSULTANTS PREVIOUSLY DETERMINED THAT THE PROPERTY WAS NOT A (GOLDEN CHEEKED) WARBLER HABITAT, SO THERE WAS NO NEED TO CONSULT WITH THE WILDLIFE SERVICE.

His engineer Ed Moore said of the dam: PART OF THE TRIBUTARY WAS DRY AND HE THEREFORE BELIEVED IT DIDN’T FALL UNDER THE REQUIREMENT FOR NOTIFICATION AND A PERMIT. “WE ARE APPLYING FOR A PERMIT.”

“THE CONDITION OF THE CREEK IS OBVIOUSLY NOT ACCEPTABLE TO ANYBODY. I CAN SEE WHERE THE NEIGHBORS FEEL THEY ARE BEING STONEWALLED. I’VE KNOWN RUSTY PARKER FOR SOME TIME, AND I’M COMFORTABLE RUSTY WILL DO WHATEVER IS NECESSARY TO MITIGATE, TO FIX THINGS,” said Travis County Commissioner Gerald Daugherty.

5/9/2004 Neighbors blame dirty water on dam being built in West Cypress Hills.

“IT IS POSSIBLE, BECAUSE WE DID DO SOME EARTH DISTURBANCE IN ORDER TO BUILD THE POND,” said engineer Ed Moore. SITE DEVELOPERS SAY THEY HAVE MET ALL ENVIRONMENTAL GUIDELINES.

“OUR HOMEOWNERS ALSO WANT TO SHARE IN THE BEAUTY OF THE CREEK. IT’S OUR CONCERN. WE ARE GOING TO MAKE SURE THAT THE CREEK STAYS IN THE BEAUTIFUL STAT THAT IT IS IN NOW,” Moore said.

6/17/2004 In a June 9 “Notice of Intent” lawyers outlined a series of alleged violations of federal laws.

“IT IS OUIR DESIRE TO DO THE VERY BEST TO REACH RESOLUTION ON THIS,” DEVELOPER Rusty Parker said.

6/19/2004 LCRA ordered the shut down of nearly all construction work after the “catastrophic failure” of a filter device in the storm water detention pond

THE LEAD PARTNER IN WEST CYPRESS HILLS, DEVELOPER RUSTY PARKER, COULD NOT BE REACHED FRIDAY AFTERNOON OR EVENING.

6/25/2004 “IF WE HAVE GOOD WEATHER WE CAN FINISH THE REPAIR WORK WITHIN 2 WEEKS AT MOST,” said engineer Moore.

7/2/2004 Engineer Ed Moore said ‘WHILE THE POND MEETS LCRA REQUIREMENTS FOR LONG TERM POLLUTION CONTROLS, AN UNUSUALLY RAINY SEASON CONTRIBUTED TO THE POND’S FAILURE. THERE WAS JUST AN UNUSUAL SEQUENCE OF EVENTS.”

Moore recently met with investors. “THEY TOLD US TO SPARE NO EXPENSE, TO DO EVERYTHING WE CAN TO REPAIR THE PROBLEM. THIS IS GOING TO BE AN ENVIRONMENTALLY TOP NOTCH DEVELOPMENT.”

7/5/2004 The Army Corps of Engineers found that site development work, done without consulting appropriate authorities, destroyed 2 of 3 prehistoric Native American camp sites on the property.

“THE SITES ARE NOT WHAT YOU OR I WOULD HAVE RECOGNIZED AS ARCHAEOLOGICAL SITES,” project engineer Moore said.

7/7/2004 Parker said THAT HE WAS COMMITTED TO FIXING ANY PROBLEMS INDENTIFIED BY THE LCRA AND OTHER REGULATORY AGENCIES AND BELIEVED HE WAS TURNING A CORNER ON THE PROBLEMS THAT HAVE PLAGUED THE PROJECT FOR MONTHS.’

7/16/2004 Rusty Parker said that REPAIRS WERE STILL UNDERWAY.

8/19/2004 Guardians of Lick Creek filed a petition on August 19 against Rusty Parker and Cypress Ranch Ltd., and Cypress Ranch Development Inc.

8/27/2004 Parker said HE WAS SURPRISED BY THE LAWSUIT IN LIGHT OF THE PROGRESS MADE AT THE SITE. “I’M FRANKLY FLABBERGASTED. WE’VE DONE EVERYTHING THE AGENCIES HAVE ASKED US TO DO. BUT IT ‘S A FREE COUNTRY, AND PEOPLE CAN SUE ANYBODY THEY WANT.”

9/2/2004 Comments from Michael McCrea, lawyer for West Cypress Hills: “ONE OF THE TOP ENGINEERS FOR THE LCRA, THE TOP ENGINEER FOR THE COUNTY, AND ONE OF THE TOP ENGINEERS FOR THE TCEQ HAVE ALL INSPECTED THE POND, THEY’VE APPROVED IT, AND THEY’VE ALL SAID ‘THIS IS THE WAY IT SHOULD BE DONE.’”

The creek remains polluted.