Sand mining has occurred in North West Fannin County since I can remember, as far back as when I was a teenager in 1970. For the most part it has been on a small-scale, and the depth of this mining was not near the depth of current mining. Current mining is on a large-scale, and they are digging as deep as the commercial value of the sand exists. This is in spite of the fact that the sand they are digging, unlike the majority of mining that exists elsewhere in the state and here previously, is to, and below, the depth of water-bearing sand. In other words, the sand mining companies are removing all of the sand that forms the filtration system of the fairly shallow groundwater that is available in this area, as well as the water-bearing sand.

Many people in this area have wells anywhere from 25 to 35 feet in depth. I have one that is at 20 feet and one at 28 feet.

The State of Texas has laws concerning wells. Laws designed to keep wells from contaminating the groundwater by improper construction methods and improper capping of wells no longer in service. Both the State and Fannin County ignore that the sand mining companies are completely destroying the ecosystem that creates and protects these shallow water wells. They are destroying a layer of groundwater; destroying a valuable source of groundwater that the state has passed laws to protect. This in a county, designated by the State, as a county in need of groundwater protection. If you dig a hole down to the water level and call it a well, then leave it open to surface water runoff, which will contaminate the groundwater, you are in violation of the law and can be fined. It must be constructed in a manner that is approved to protect the groundwater. The sand mining companies are digging holes that have perimeters in miles, that are deeper than many wells, but somehow are not considered to be in violation of any law. Does this make sense? There is a State of Texas committee, the Texas Groundwater Protection Committee (TGPC), composed of several state agencies whose purpose is to protect and conserve groundwater in those counties named by the 84th Legislature as counties in which the state legislature has said will, in the future, be short of water. Fannin County was included as one of those counties. This committee of agencies is to protect this groundwater and to use all of the power at its disposal to see that groundwater is protected. The committee is chaired by the Texas Commission on Environmental Quality, or TCEQ.

The state�'s groundwater protection policy provides that discharges of pollutants, disposal of wastes, and other regulated activities be conducted in a manner that will maintain current uses and not impair potential future uses of groundwater or pose a public health hazard. The use of best professional judgment by the responsible state agencies in attaining the goal and policy is also recognized. (https://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/047-16.pdf)

* coordinate groundwater protection activities of the member agencies and organizations;

* develop and update a comprehensive state groundwater protection strategy

* to coordinate groundwater protection activities, prevent contamination, and conserve groundwater resources;

* publish an annual groundwater monitoring and contamination report that describes the current monitoring programs of each member agency and the status of groundwater contamination cases documented or under enforcement during the calendar year;

* prescribe by rule the reporting form and report contents for TCEQ to provide notice of groundwater contamination to the owners of private drinking water wells; and

* advise the TCEQ on the development of plans for the protection and enhancement of groundwater quality pursuant to federal statute, regulation, or policy, including management plans for the prevention of water pollution by agricultural chemicals and agents.(https://www.tceq.texas.gov/assets/public/comm_exec/pubs/sfr/047-16.pdf)

There are currently only 35 counties that have been named by the legislature. Fannin County is one of these. The sand mining companies in northwest Fannin County are destroying part of this county�'s groundwater. I do not believe that what is going on now, the destruction and contamination of our shallow groundwater resource, is what the legislators had in mind when passing this legislation. This was the purpose in forming the Red River Groundwater District (RRGWD), to protect and conserve our groundwater, but they have one interest and that is collecting fees for wells and assuring that unused wells are properly capped to protect the groundwater from unfiltered surface water. They either have no interest, or no power, to stop this destruction of the ecosystem; a very rare ecosystem where water can be obtained at anywhere from 20 to 35 feet. There are also many springs in this area. While most of Fannin County is black land, this small strip of land that borders the Red River and is anywhere from two miles to eight miles wide is red dirt land.

If a person is to abandon one of their wells, by law it must be capped to specifications and inspected by the RRGWD to protect the groundwater from contamination by surface water runoff. There is a fee for this also. By law, any new well requires a permit, a fee and inspection to make sure the groundwater is protected from surface runoff. In fact, all wells, even those that have been used for decades, are supposed to be registered with the RRGWD. From correspondence with RRGWD, they do not pursue the registration, etc. of personal wells at this time, but only those used by commercial interest. This could change someday. In the meantime, less than a quarter of a mile away from existing wells and springs that are used for supplying water to livestock and irrigation and even supplying water to some houses the sand mining companies are digging down to this water- bearing sand and removing it, leaving the pits open and exposed, basically one big, giant well, exposing this groundwater to surface water runoff on a grand scale. Yet neither TCEQ nor the RRGWD will act to protect this groundwater.

The TGPC has recognized for over 20 years that abandoned domestic, municipal, industrial, irrigation, and livestock wells, and unplugged test holes are the most significant threat to groundwater quality in the state.

Abandoned water wells not only serve as conduits or channels for contamination to reach groundwater, but large diameter wells can also be a hazard to human and animal life. Abandoned and deteriorated water wells exist in every county in the state and are at the top of the list of potential groundwater contamination sources that landowners can identify and eliminate.

As a side note, Murphy Creek is just a dry creek bed until it passes under FM 1753 on its winding path to the north towards the Red River. After passing under FM 1753, it is fed by several springs and becomes a flowing creek and wetland wildlife habitat. According to the Federal Clean Water Act, this creek should be protected from discharge, commercial runoff, etc. since it feeds into the Red River which is without a doubt covered by the Federal Clean Water Act since it is both navigable and crosses state lines. In spite of this, the TCEQ has issued permits that allow the pumping of all surface water runoff that enters many of these sand mines to be pumped into Murphy Creek, disrupting this spring fed ecosystem.

The naturally occurring groundwater that is a vital part of the ecosystem that makes up the unique red soil area of Fannin County is being destroyed by the sand mining companies. It is this water-bearing sand, or shallow groundwater resource, that is being removed from Fannin County by the sand mining companies. Reclamation of this land is impossible. It will never again be the same. Whether the sand mining companies do so-called �ereclamation�f or not, the unique ecosystem of this land will forever be destroyed.

Jeff Sweet

Savoy, TX