CITY OF SAN ANTONIO
MAN NY PELAEZ
OFFICE OF CITY COUNCILMAN
DISTRICT 8

August 18, 2018

Christina Williams
U.S. Fish and Wildlife Service
Austin Ecological Services Field Office
10711 Burnet Road, Ste. 200
Austin, Texas 78758

Dear Ms. Williams,
My constituents and I are furious, and I need your immediate attention to their
concerns. Their anger is merited and it arises from the series of events set forth in
the two newspaper articles I am attaching to this letter. My constituents have
requested I reach out to you and advocate for some kind of relief. I hope that this
letter spurs some action.
This issue has to do with The Mansions at La Cantera project located at 16735 La
Cantera Parkway, near the US Army's Camp Bullis. The City of San Antonio moved
quickly to stop the developer from continuing to work on this site. When the City of
San Antonio's Development Services Department (DSD) learned that the developer
has submitted forms that contained false information. The form in question is the
mandatory Habitat Compliance Form (HCF).
City staff determined that work on the project could not be continued until all the
adequate HCF corrections were submitted to the City, and that the U.S. Fish and
Wildlife Service (USFWS) determined that the project meets their applicable
regulations and standards. The response we have received from USFWS is
frustrating and deficient. The deficiency does damage to my constituents' trust in
their government.

P.O . BOX 839966 • SAN ANTONIO, TX 78283-3966 • TEL: 210-207-7086 • FAX 210-207-7027 • E-MAIL: DISTRICT8@SANANTONJO.GOV

 The response we received from USFWS was that you:
1.

2.

3.

Were made aware of the project in December 2017 when DSD
forwarded the HCF to them in accordance with our City code
requirements;
Have spoken with MBC Engineers regarding the HCF form, the
biologist surveys and the Southern Edwards Plateau Habitat
Conservation Plan; and
Have received and reviewed the three surveys related to the property.

As you may already be aware, since 2008 the City of San Antonio has prioritized
working closely with the Department of Defense to protect land around military
installations. In 2009 the city passed our initial Habitat Compliance ordinance, and
since then, we have put in place policies such as our tree preservation ordinance,
our Military Sound Attenuation Overlay District (MLOD), and the Southern Edwards
Aquifer Plateau Conservation plan. The MLOD was also expanded during this time
for the sole purpose of protecting the missions at our military bases like Camp
Bullis.
The Habitat Compliance Form (HCF) in particular was created in order to bring
together relevant stakeholders like the City, County, the US military, Texas Parks
and Wildlife, U.S. Fish and Wildlife, and the development community.
The HCF agreement with U.S. Fish and Wildlife was entered into so that we could all
rely on a communication tool that would serve to notify all stakeholders of
development activity within city limits and so that USFWS could better enforce the
Endangered Species Act (ESA). After all, the City is not authorized to enforce the
ESA.
Despite the fact that our team shut down the work site because the developer
submitted, what seems to many of us, a falsified document, USFWS signaled that it
was ok for the developer to start working again so long as his form was resubmitted
with information that was not false. That's all. No consequences.
The City has done everything within our power to ensure that the USFWS has all the
information and environmental surveys needed to enforce the ESA. We have gone
above and beyond to give USFWS the opportunity it needs to act. This includes
recently approving a taskforce that will offer improvements for more effective
communication between our team and yours. We expected more from your team--especially in light of the extreme anxiety this has created in my constituents.
I need to know USFWS' proposed next steps in the investigation of this case. When
can my constituents expect some action from USFWS? What options are you
considering? Why does it seem that USFWS is treating this more like a check-thebox issue instead of a possible fraud perpetrated on the City and the US
government?

P.O. BOX 839966 • SAN ANTONIO, TX 78283-3966 • TEL: 210-207-7086 • FAX 210-207-7027 • E-MAIL: DISTRICT8@5ANANTONIO.GOV

 We all know that the US government is not one for moving quickly as there are
many other competing priorities, but surely the eradication of sensitive habitat and
violations of the ESA so close to a military base warrants more visible effort from
you. Please do something to reassure my constituents that your team does more
than rubber stamp permits. I urge you to give this the importance it merits.

Sincerely,

Councilman Manny Pelaez

cc: Senator Ted Cruz, Senator John Cornyn, U.S. Representative Will Hurd

P.O. BOX 839966 • SAN ANTONIO, TX 78283-3966 • TEL: 210-207-7086 • FAX 210-207-7027 • E-MAIL: DISTRICT8@SANANTONIO.GOV