City of Waco cites engineering study claiming Ranger museum isn't on landfill

By J.B. Smith Tribune-Herald staff writer

Sunday February 21, 2010
 
 

An engineering firm the city of Waco hired to study the Company F Headquarters behind the Texas Ranger Museum has concluded that the museum is not on a closed landfill, but a nearby extension of the river walk is.

The city hopes the findings will persuade the Texas Commission on Environmental Quality to dismiss a notice of violation that alleged the city built on a landfill without a permit.

“It is our professional opinion that there is no closed landfill in the vicinity of the complex,” stated a Feb. 10 report by SCS Engineers, a national firm that specializes in solid waste.

A recently released engineering study says part of the Brazos River Walk is located on top of an old landfill.
A recently released engineering study says part of the Brazos River Walk is located on top of an old landfill.
Rod Aydelotte/Tribune-Herald

TCEQ officials said they were still reviewing the study.

The agency in January cited the city for three violations:

*  Failure to conduct a soil test for developing a site bigger than an acre;

*  Unauthorized disturbance of cover for a closed landfill; and,

*  Failure to deed-report a closed municipal landfill.

The agency considered the Ranger Company F building as part of the landfill area.

SCS said past testing had discovered a foot-thick layer of waste fill in the footprint of the Company F building. It is perhaps debris hauled in from the 1953 tornado.

But other borings around the complex found little or no trash.

The firm said more testing around the buildings would be “complicated” because of unmarked graves scattered around it.

In an agreement with the Texas Historical Commission and National Park Service, the city cannot disturb the soil more than 6 inches deep in the graveyard area.

Meanwhile, the city dump was about 800 feet east, or downstream, from the Ranger museum site, the engineers concluded.

The dump site, used from the late 1800s until after World War II, was never deeded but apparently built up along a stretch of the river and took up about 15 acres.

That site includes Baylor’s Simpson Athletic and Academic Center, which got a Subchapter T permit that allowed construction over a closed landfill.

The dumping ground also includes a project that didn’t get such a permit: the new river-walk extension between the museum and the Ferrell Center.

Report on river walk

Prewitt and Associates, an archaeological firm, did borings along the route of the river walk extension in 2008 before the route was constructed.

“The (river-walk extension) project area is entirely within the old city dump, and deposits of historic trash up to five meters thick were exposed in all the trenches,” a report from Prewitt states. “The proposed route of the Brazos Riverwalk is actually located on an entirely artificial landform composed of trash deposits.”

City Attorney Leah Hayes acknowledged the city should have gotten a Subchapter T permit before building the river-walk extension.

But she said that requirement was unclear at the time because there was no official record of a landfill there.

“We will be providing additional information to have that area fully permitted,” she said.

The SCS report suggests that the river-walk project is actually an improvement for the old dump site because it stabilizes the soil.

The city hired Prewitt to do an archaeological assessment of the river-walk site after graves were discovered around the Company F building.

To connect the new building to utility lines, the city’s contractors had to move more than 150 graves, and the city racked up $2 million in archaeological costs.

The graves in the part of the First Street Cemetery were supposedly relocated in the late 1960s. However, oral history and archaeological evidence suggest the relocation mostly consisted of headstone relocation, not exhumations.

jbsmith@wacotrib.com

757-5752

 

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Feb. 22, 2010, 12:06PM

(Report Comment)

Solution to 40 years of mistakes?? Easy. Submit the matter to the state attorney general for a formal opinion based on state law (yes, the AG issues formal opinions on matters of cemetery law). In other words, ask the AG if the City is in compliance with state laws. Surely someone with a moniker like "respect the rangers" would welcome justice and transparency, right??

 

Feb. 22, 2010, 10:53AM

(Report Comment)

For the last time: Re-inter and move on. For pity’s sake, spare us another of your regurgitations of a 42 year old mistake. Please, at long last, present us with YOUR brilliant solution.

 

Feb. 21, 2010, 7:24PM

(Report Comment)

Respect the Rangers - I didn't spend time destroying your entire argument because I figured you'd give up after I revealed that your "facts" are not credible. But you seem to enjoy this, so let's keep going. Now you've decided to admit that you were incorrect when you argued that the lower portion of the cemetery was "not ever a legal, recognized burial ground." Your new spin is that the lower portion of the cemetery was once legal, but that the size of the cemetery was reduced (I assume you refer to the 1968 court order). Since you seem to have access to all the paperwork, go back and check Judge Anderson's judgment on that court order. It specifies that the graves and contents therein are to be relocated. Since, with maybe one or two exceptions, the city neglected to move the bodies, the validity of the order is in "legal limbo" according to the Texas Historical Commission's legal counsel. But that's a moot point now since HB2927, passed last year to amend Chap. 711 of the TX Health and Safety Code, defines a dedicated cemetery as any cemetery containing one or more graves. So...it's a legal cemetery. Further, the area with the new buildings is also registered with the McLennan County clerk's office as an abandoned cemetery (these cemeteries are dedicated, too). Need help with anything else? And by the way, the Native American argument is a non sequitur, dude.

 

Feb. 21, 2010, 6:41PM

(Report Comment)

In re-reading my second message, I now realize that I typed "that area was not ever a legal, recognized burial ground." I did not intend to use the word "ever" in that statement. That word changes my meaning greatly. I was in error and I apologize. Proof-reading is all important in such discussions.

 

Feb. 21, 2010, 6:23PM

(Report Comment)

She-Part: Just as I (Dude) expected, the first one to respond misses the point completely. But then again, maybe I (Dude) was not clear. I (Dude) happen to be someone who was privilege to the details of the newly discovered remains, before it was general news. I (Dude) have seen the detailed maps and charts showing exactly what WAS the legal cemetery then and exactly how it was reduced to the boundaries in place now. At the time Fort Fisher was planned and built, everything was done LEGALLY (under Federal, State and Local law, if any, then on the books) to clear the area designated. We can discuss forever if everything was done MORALLY and I (Dude) freely admit that it probably . . . no obviously was not. When the structures were built, that portion of land, legally though not morally, was not a cemetery. You say you can show me (Dude) the deeds. I (Dude) know very well that they will report exactly what you say. I (Dude) can’t show you any deeds in another, much larger case but I (Dude) can show you in the history books that the original owners of Texas belonged to the Native American. Shall we return everything to them now? A ridiculous argument, don’t you agree? The point is: Re-inter those poor people and get on with the present.

 

Feb. 21, 2010, 4:42PM

(Report Comment)

Respect the Rangers - Dude, the new buildings are not only in a "legal" cemetery, they're in Waco's first public cemetery, and this cemetery is so significant that the National Park Service has determined that it is eligible for the National Register of Historic Places. Do yourself a favor and crack a book! Do I need to send you the original deeds to the property?

 

Feb. 21, 2010, 4:09PM

(Report Comment)

It is my belief that no desecration of the First Street Cemetery has taken place. Any desecration that has occurred in recent months was unintentional due to the fact that the area where remains have been discovered is outside of the First Street Cemetery boundaries and that area was not ever a legal, recognized burial ground. Yes, some local leaders back in the 1960s may have (or probably did) know that remains were present when plans for Fort Fisher were approved and construction was begun and completed. But those individuals, either dead or long retired, are no longer running things. Current leaders knew nothing of them and were just as shocked as anyone when remains were found. With that said, my statements here will now be ridiculed and insultingly dismissed by the factually uneducated who seem to live to vent so crudely in this forum. So what do we do now? The ludicrous idea of tearing down existing structures is not the answer. Current leaders are doing everything possible to respectfully reinter those unfortunate souls whose rest has been so disturbingly interrupted. They (the current leaders) are honest, honorable people trying to correct a 40+ year old violation (to put it mildly.) I say, "Give them a chance to fix what is fixable and let's move on with one of the true treasures we have, the Texas Ranger Hall of Fame & Museum and the Headquarters of Ranger Company F." Now, let the attacks begin/continue on the city, the museum and this writer. I hope readers here will sit back and enjoy them. I only hope the legendary Texas Rangers, so unjustly caught in the middle of this, will not be included in their wailings.

 

Feb. 21, 2010, 11:56AM

(Report Comment)

More excuses for the descecration of First Street Cemetery which should have never been allowed. When the city finds a more profitable use for the land, what's next? Oakwood? Rosemound? I will never honor the Ranger Museum due to the way it was obtained.

 

Feb. 21, 2010, 11:54AM

(Report Comment)

Continuing impediments to a great museum, a great law enforcement organization and the new Co. F headquarters tells me that the odor I smell is not coming from an ancient dump on the banks of the Brazos but from the general direction of Kerrville and that group's friends in Austin.

 





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