Big Bend area officials have in recent weeks met and tabled discussions about potential agreements or processes that could lead to federal contractor Barnard Construction using and possibly upgrading a remote county road for the Trump administration's planned border wall through the region.
Chispa Road is a rugged dirt road that stretches from U.S. 90 near the small town of Valentine south to the Rio Grande through Jeff Davis and Presidio Counties, which oversee different segments of the road. Anti-wall activists have repeatedly urged officials from both counties to block contractors from using the road, arguing any agreement would directly support the progression of the wall.
The meetings come as steel bollards for the Big Bend area wall are already on the ground and construction-related activities are starting up. Fisher Industries, one of the companies awarded billions of dollars in federal contracts for the wall, has begun posting Presidio-based job advertisements. Nearby Hudspeth County recently approved an agreement allowing Barnard Construction to use county roads for the project.
In the latest sign of the border wall plan moving forward in earnest, the Texas General Land Office on Friday sent cease and desist letters to U.S. Customs and Border Protection and wall contractor Barnard Construction, saying the company "illegally" cleared over a mile of state-owned land for the project in southern Presidio County.
At a meeting on Tuesday, Jeff Davis County commissioners considered a 12 page draft agreement that would permit Barnard to use Chispa Road for construction-related activities such as "oversized and overweight transportation" and "laydown and staging yards," contingent on the company improving and maintaining the road.
The draft agreement requires the company to provide a pre-construction road survey detailing improvement plans to county commissioners for approval, as well as workers' compensation, liability insurance and a $3 million surety bond that protects the county in the case of property damage. Barnard Construction would also have to be in regular talks with commissioners about the matter.
The agreement would require the company to get permission from the county, and from individual landowners, if they want to widen the road. Once the project is complete, the county would have 30 days to review the road to ensure it is restored to its pre-construction condition and raise any issues with the company.
Jeff Davis County commissioners voted Tuesday to table the discussion on the agreement for now.
The meeting appeared to mark the first instance in which a Barnard Construction representative has shown up to a public discussion concerning wall projects and road usage.
Mike Fuller, Barnard's vice president and operations manager, acknowledged the project has been on a "fast track" and apologized for causing any distress. Still, he emphasized the company's mission to move forward with the work.
"We do have a contract with the government to do the project," Fuller said. "And our intention is to build the project."
Fuller said the company was there to "do its duty" and expressed a desire to "work together" with the community.
Local residents complain about border wall contractor's approach
Locals opposed to the border wall have continued to show up to county meetings in recent weeks and months, urging officials to block contractors from using county roads.
Jeff Davis County resident Wini Hunton-Chan raised the issue of Barnard Construction's previous unauthorized activity on Chispa Road, which prompted official discussions about road usage.
" The way they've been going about things is below board," Hunton-Chan said. "They just start doing what they want, and then when they get caught, they ask for permission."
Jeff Davis County resident Cameron Pratt urged the county to protect the community over entertaining the interests of the company.
"All they see are billions of dollars, and that we are in the way," Pratt said.
Meanwhile, Presidio County officials have not yet considered a specific agreement regarding Chispa Road, but have discussed plans broadly. At a July 21 meeting, county commissioners talked about creating a special road use permitting procedure, which would offer some insurance in the case of road damage from oversized and overweight transportation.
"You want to be proactive, not reactive," said Presidio County Attorney Blair Park. "Because if we don't have this in place, any of this use will occur on the roads anyways without us knowing about it, without any kind of protection for the county."
Officials also contemplated local law enforcement's familiarity with Commercial Driver's License (CDL) Laws, which govern the sizes, weights, and hours of operation of the types of commercial vehicles used in construction projects.
" Typically, a deputy or even a police officer in a local municipality doesn't enforce CDL laws as a general practice," said Presidio County Judge Joe Portillo. "I would suspect that a lot of our deputies don't have that training."
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