DEQ cites asphalt plant under construction

Mar. 6—An asphalt plant being built by Robinson Construction has prompted neighbors near the site to send letters to elected officials and testify before the Tahlequah City Council about their concerns.

The main concerns center on possible pollution from the plant and the unknown effects it could have on children and animals, as well as the lack of transparency in the construction off State Highway 51.

Allison Briggs and her husband, Neal, have concerns in both areas.

"The biggest issue I have is nobody talking to us about this. Nobody has been open about this. The number of cattle ranchers who showed up [at the Council meeting], that should say volumes," Allison said.

Neal worked for a concrete plant and he saw first-hand the lack of maintenance on filter systems.

"I worry about the lack of upkeep and maintenance that would be necessary for an asphalt plant," Neal said.

The Department of Environmental Quality issued a notice of violation on Feb. 9 to Robinson Construction, owned by Chad Robinson. The notice gave the company 15 days to correct the items listed. Robinson owns 20.5 acres, and 10 acres of the site are to be "disturbed" by construction activities, states the notice. The notice states it is the company's duty to take corrective action to eliminate and prevent recurrence of the violations cited.

"Also required is a written report detailing the specific actions taken and why such actions are sufficient to prevent recurrence of the cited violations," states the notice.

The DEQ received complaints that dirt was being diverted into Pecan Creek, and that equipment and trucks were traversing the creek without a bridge or culvert to protect the waterway. Also cited was the lack of a silt fence around the construction area and no retention pond, although those issues had been corrected by press time Wednesday.

The pond's location is where DEQ said to install it, even though it is close to Pecan Creek, Robinson said.

"The pond is there just in case a line breaks before it exits the property," Robinson said. "It's just a backup in case something ever happens. And we got a notice of things we had to finish up but we didn't get any violations."

Pecan Creek eventually ends up in Lake Fort Gibson, which supplies drinking water to that area. Ed Brocksmith, co-founder of Save the Illinois River, spoke to the issue of heavy equipment driving across a stream in an earlier interview.

"Anytime you are driving across a stream, you are damaging the water quality of that stream and damaging the aquatic wildlife in that stream," Brocksmith said.

The questions asked by those who spoke at the March 4 Council meeting will be answered soon, Robinson said.

"We are going to send the answers to everybody's questions and we are working with the National Asphalt Paving Association [to gather all that information]," Robinson said. "We will send those to council when it is ready."

The mission statement on the NAPA website says: "Engage, educate and empower the U.S. asphalt community to produce and construct net zero carbon emission asphalt pavements."

Robinson clarified the question of whether the plant is a permanent installation or a portable facility. At this time, the plant is a portable facility that will be moved if needed. It is being built to furnish the asphalt needed for the Oklahoma Department of Transportation's contracts, Robinson said.

"We got the contract... on the new Highway 51 and the one going out toward Hulbert, and the new Highway 82 North from [ODOT]," Robinson said during a Northeast Oklahoma Public Facilities Authority board meeting Nov. 20, 2023.

Because the project was outside of the city limits, he didn't contact neighbors to let them know the plant was being built. The plant will not be one that crushes the rock into various sizes to use in the mix, Robinson said.

One concern that surfaced early was a report that fly ash was being used in the dirt work. According to Robinson, that's not true.

One of the elected officials Allison Briggs reached out to was State Sen. Blake "Cowboy" Stephens, R-District 3. In a phone call to TDP, the senator said he is working on gathering the facts to ensure the plant is in compliance with environmental quality concerns.

Erin Hatfield, director of Office of Communications and Education with DEQ, talked to the legal staff and answered questions about the confusing language of the notice regarding discharge of water into Pecan Creek, even though it is on the "impaired" list.

"The facility is authorized to discharge stormwater in accordance with general permit OKR10 OPDES Stormwater Construction General Permit, Authorization No. OKR1035038. The intent of the general permit is to require the implementation of best management practices to minimize sediment runoff," Hatfield said.

The Notice of Violation was issued Feb. 9, 2024. A response was received by DEQ on March 1, 2024, and it was determined that Robinson Construction's plan to correct the sediment and erosion issues would need to be covered under a consent order to ensure timely completion of corrective measures. Robinson Construction's response to the NOV also noted it has applied for a U.S. Army Corp of Engineers permit to construct a low-water crossing. DEQ will continue to monitor the site for compliance and will be working toward execution of the consent order, Hatfield said.

Chris Wallace, division engineer with ODOT, answered the question if a utility easement would be grant if NOPFA needed to install the gas line due to the city's refusal to grant an easement across its property. He said the contract with Robinson will require $13 million in asphalt alone.

"We permit utilities within our rights-of-way two to three times per week. Any utility that is in or above the state highway has to be permitted. The process takes up to about a month," Wallace said.

Certain criteria has to be met, and the first thing ODOT requires is an archeological check.

"We've got a job we have to supply the asphalt for. Everybody wants good roads. The asphalt plant is going to bring competition in [asphalt prices] and save money on the road projects," Robinson said.