Residents continue to protest concert venue at TCEQ meeting

A new commercial development on Fitzhugh Road continues to attract the focus of Dripping Springs residents and activists due to concerns the project could affect local waterways.

The Texas Commission on Environmental Quality held a meeting on Monday, Jan. 29, “to obtain additional oral or written ublic comments on a] draft [wastewater] permit.’’ The meeting included a question and answer portion with TCEQ staff and with representatives of the developer, F; Blizexas LLC, as well as a period of public comment. This was the second meeting held by the TCEQ to discuss the municipal wastewater permit application, which, if approved, would provide the development with its own municipal wastewater service and serve up to 5,000 people per day, three times a week, for six hours.

Dozens of local residents, activists and media outlets attended, including representatives from the offices of Senator Donna Campbell and Representative Carrie Isaac. Among these individuals were members of the Stop Fitzhugh Concert Venue coalition, a group founded in 2022 in response to the development.

“Plain and simple, this is just a bad idea,” founding member Carrie Napiorkowski told the Century News at the time. “Nobody in this community wants this concert venue here. We just don't think it is a good idea to put thousands of cars on Fitzhugh Road for concerts multiple times a week.”

The proposed outdoor music and events venue is planned for 14820 Fitzhugh Road, near Barton Creek and above the Edwards and Trinity Aquifers. The Fitzhugh Music Venue, as it is being called, is an effort by Blizexas and parent company Lexor Investments to bring a “high-quality, 5,000-capacity venue” to the area. While the coalition’s concerns include traffic and safety issues, only its concerns about water quality were addressed at Monday’s meeting (due to the TCEQ’s limited jurisdiction).

“The proposed Fitzhugh Concert Venue raises concerns about impacts to water quality, from the facility’s wastewater system to storm water runoff into Barton Creek,” the coalition states on its website. “Additionally, Shield Ranch, a 6,400-acre, ecologically diverse wildland that is sustainably managed and permanently protected for the benefit of people and nature, is adjacent to the proposed site and makes up 10% of the Barton Creek watershed.”

“Wastewater contains nutrients that will increase algae growth in Barton Creek,” the group explains. “Excess algae will impair the appearance, recreational value, wildlife and their habitat, and overall water quality of Barton Creek, which is relied upon by Austinites of all ages.”

This concern was echoed several times at the in-person meeting, with one commenter highlighting the high levels of phosphorus already present in the soil sample data from the development. However, according to the TCEQ, the amount of phosphorus that will be put out by the proposed wastewater system will be extremely minimal because of the quality of effluent.

“It will create a 'net zero' situation,” said one TCEQ representative. “The effluent will be of minimal nutritional value to the [local flora].'

Several commenters said they felt more could be done to mitigate or prevent future issues. Suggestions included requiring more than the minimal amount of acreage (2.75 acres) needed for the processing of the 12,000 gallons of water per day the proposed wastewater permit would allow. Many, including legal counsel for and members of the Van Ackeren family, said they felt that a significant amount of data was missing for the TCEQ to make an informed decision, and that the water usage estimated for the 5,000-person venue was underestimated.

“Since August of 2022, we have identified 45 reasons the permit should be denied, and Blizexas has failed to resolve almost all of these issues,” said Paul Serrahan, legal counsel for Shield Ranch. “We request the [TCEQ] executive director reject this permit or make significant changes.”