Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code. Before the State may settle a judicial enforcement action under the Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: State of Texas v. Texsand Silica Management, Inc. and Texsand Silica, LTD ; Cause No. GV402020; in the 250th Judicial District Court, Travis County, Texas

Nature of Defendant's Operations: Texsand owns and operates a sand mining facility that excavates, washes, and screens sand located at 3549 Monroe Highway, Granbury, Hood County, Texas. During a May, 2004 investigation, The TCEQ determined that Texsand violated Texas Water Code by failing to obtain authorization to discharge process water associated with an industrial activity into water in the state. In addition, Texsand violated the TPDES General Permit No. TXR050000 by failing to provide a narrative description of all activities, failing to conduct periodic and quarterly visual inspections, and failing to note the estimated volume of sediment removed. Texsand corrected the violations.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction required Texsand to pay the civil penalties in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), and attorney's fees in the amount of Three Thousand Six Hundred Dollars ($3,600.00).

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication you may contact A.G. Younger, Agency Liaison at 512-463-2110.

TRD-200500915

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 1, 2005

RFP Number: #303-5-10772

Opening Date/Time: March 15, 2005 at 3:00 PM

Description: Lease requirement for approximately 7,800 sq. ft. of Office Space in the City of Houston, Harris County, Texas

Agency: Texas Department of Criminal Justice (TDCJ)

Purchaser/Contact: Kenneth Ming (512) 463-2743 or through the Electronic State Business Daily at: http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=57701

TRD-200500865

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: February 22, 2005

RFP Number: #303-5-10767

Opening Date/Time: March 18, 2005 at 3:00 PM

Description: Lease of Office/Storage space for Texas Commission on Environmental Quality for approximately 4,955 sq. ft. of Office Space and 900 sq. ft. Boat Storage space. Lubbock, Lubbock County, Texas

Agency: Texas Commission on Environmental Quality

Purchaser/Contact: Kenneth Ming (512) 463-2743 or through the Electronic State Business Daily at:

http://esbd.tbpc.state.tx.us/1380/bid show.cfm?bidid=57760

TRD-200500892

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: February 28, 2005

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #172a) from qualified, independent firms to serve as Financial Advisor to the Comptroller. The Comptroller desires to obtain the services of a Financial Advisor related to the document preparation, issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assistance in handling of disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 2, 2005.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 14, 2005, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Texas Marketplace after Monday, March 14, 2005, 2:00 p.m. (CZT).

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, March 28, 2005. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Wednesday, March 30, 2005, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Thursday, April 7, 2005. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP--March 14, 2005, 2:00 p.m. CZT;

Non-Mandatory Letter of Intent to propose and Questions Due--March 28, 2005, 2:00 p.m. CZT;

Official Responses to Questions posted--March 30, 2005, or as soon thereafter as practical;

Proposals Due--April 7, 2005, 2:00 p.m. CZT;

Contract Execution--April 29, 2005, or as soon thereafter as practical;

Commencement of Project Activities--May 2, 2005.

TRD-200500918

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 1, 2005

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter A, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP 172b) from qualified, independent law firms to serve as Bond Counsel to the Comptroller. The Comptroller desires to obtain the services of Bond Counsel in connection with a variety of issues related to the issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assisting in handling all disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 2, 2005.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., RM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 14, 2005, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Texas Marketplace after Monday, March 14, 2005, 2:00 p.m. (CZT).

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, March 28, 2005. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Wednesday, March 30, 2005, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Thursday, April 7, 2005. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows:

Issuance of RFP--March 14, 2005, 2:00 p.m. CZT;

Non-Mandatory Letter of Intent to propose and Questions Due--March 28, 2005, 2:00 p.m. CZT;

Official Responses to Questions posted--March 30, 2005, or as soon thereafter as practical;

Proposals Due--April 7, 2005, 2:00 p.m. CZT;

Contract Execution--April 29, 2005, or as soon thereafter as practical;

Commencement of Project Activities--May 2, 2005.

TRD-200500919

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 1, 2005

Notices mailed February 23 through March 1, 2005

TCEQ Internal Control No. 02022005-D03; LMV Management Co., Ltd. (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 105 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 607.323 acres located within Montgomery County, Texas; and (4) no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $53,000,000.

TCEQ Internal Control No. 01182005-D02; Beazer Homes Texas, L.P. (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 420 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 99.22 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2004-900, effective September 7, 2004, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $7,500,000.

TCEQ Internal Control No. 11012004-D02; Wellington Trace, Ltd.(Petitioner) filed a petition for creation of Oak Point Water Control and Improvement District No. 2 of Denton County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are four lienholders, Alan Michlin, Pavillion Bank, Strittmatter Irrigation and Point Bank, on the property to be included in the proposed District and by affidavit they have all consented to the petition; (3) the proposed District will contain approximately 55.684 acres located within Denton County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction and the corporate limits of the City of Oak Point, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2003-08, effective February 3, 2003, the City of Oak Point, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) construct, maintain, and operate a waterworks and sanitary sewer system for residential, industrial and commercial purposes; (2) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (3) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $2,150,000.

TCEQ Internal Control No. 12032004-D01; Terrabrook Cinco Ranch Southwest, L.P. (Petitioner) filed a petition for creation of Cinco Southwest Municipal Utility District No. 2 of Fort Bend County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are two lienholders, International Bank of Commerce and Gaston 1093, on the property to be included in the proposed District; (3) the proposed District will contain approximately 518.8 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with certificates evidencing the consent of International Bank of Commerce and Gaston 1093 to the creation of the proposed District. By Ordinance No. 2004-898, effective September 7, 2004, the City of Houston, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $47,320,000.

TCEQ Internal Control No. 01312005-D03; PNE Development, Ltd. (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 412 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed District; (3) the proposed District will contain approximately 440.60 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction and the corporate limits of the City of Houston, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2005-7, effective January 11, 2005, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The submitted creation application also requests approval of a fire protection plan for the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $27,300,000.

TCEQ Internal Control No. 11012004-D20; Roman Forest Consolidated Municipal Utility District of Montgomery County has applied to the Texas Commission on Environmental Quality (TCEQ) for authority to adopt and impose an annual uniform operations and maintenance standby fee up to $216.00 per equivalent single family connection (ESFC) per year for calendar years 2004-2006, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TCEQ. The Commission may approve the annual standby fees as requested, or it may approve a lower annual standby fee, but it shall not approve an annual standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. On January 1 of each year, a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The purpose of standby fees is to distribute a fair portion of the cost burden for operations and maintenance costs and debt service of the District facilities to owners of property who have not constructed vertical improvements but have water, wastewater or drainage facilities or services available. Any revenues collected from the operations and maintenance standby fees shall be used to supplement the District's operations and maintenance account.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve a petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200500906

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 1, 2005

The Texas Commission on Environmental Quality will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 213, concerning Edwards Aquifer, §§213.1, 213.3, 213.4, 213.12, 213.20 -213.22, 213.24, and 213.27, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001.

The proposed amendments would modify the existing boundaries of the Edwards Aquifer regulatory zones on the official maps that are incorporated by reference in Chapter 213. The Chapter 213 requirements regarding regulated activities in the recharge zone and in the contributing zone within the transition zone would apply in any areas added to these regulatory zones on the official maps. The proposed amendments will correct inaccurate rule citations; specify locations where official maps identifying the Edwards Aquifer recharge, contributing, and transition zones are maintained; rephrase for readability; and correct the agency's name. Wastewater discharge provisions are proposed to be extended to areas designated as contributing zone within the transition zone.

A public hearing on this proposal will be held in Austin on April 6, 2005 at 10:00 a.m. at the Texas Commission on Environmental Quality in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact Joyce Spencer, Office of Legal Services, at (512) 239-5017. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2003-029-213-WT. Comments must be received by 5:00 p.m., April 25, 2005. For further information, please contact Steve Musick, Water Supply Division, (512) 239-5552.

TRD-200500858

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 24, 2005

The following notices were issued during the period of February 24, 2005 through March 1, 2005.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

AKZO NOBEL CHEMICALS INC. AKZO - AKZO NOBEL POLYMER CHEMICAL LLC which operates the Akzo Nobel Chemicals Inc. - Pasadena Plant, a specialty organic chemicals manufacturing facility, has applied for a renewal and minor modification to TPDES Permit No. WQ0002182000 to discontinue coverage in this permit of the storm water discharges from adjacent properties which are no longer owned by Akzo Nobel Chemicals Inc. The current permit authorizes the discharge of storm water, firewater pond overflow, steam condensate, and evaporate spray water on an intermittent and flow variable basis via Outfall 001. The facility is located at 12900 Bay Park Road in the Bayport Industrial Park, approximately 3 miles west of Galveston Bay on Bay Park Road, one half mile south of Fairmont Parkway, in the City of Pasadena, Harris County, Texas

AQUA UTILITIES, INC. has applied for a renewal of TPDES Permit No. 13293-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,400 gallons per day. The facility is located approximately 4 miles southeast of the intersection of Interstate Highway 35 and Farm-to-Market Road 2001 and 5 miles north of the intersection of State Highway 21 and Farm-to-Market Road 272 in Hays County, Texas.

CYPRESS CREEK CROSSINGS, LTD. DBA THE CROSSINGS has applied for a renewal of Permit No. 14203-001, which authorizes the disposal of treated domestic wastewater at a flow not to exceed a daily average volume of 14,000 gallons per day via subsurface drip irrigation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located along the north side of Farm-to-Market Road 2769 (Volente Road), approximately 0.5 mile northeast of the intersection of Ranch Road 2222 and Farm-to-Market 2769 in Travis County, Texas. The facility and disposal site are located in the drainage basin of Lake Travis in Segment No. 1404 of the Colorado River basin.

CITY OF DENTON has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014416001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 1,200 feet east of Farm-to-Market Road 1428 and north of Hartlee Field Road in Denton County, Texas.

LOWER COLORADO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 11982-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 4,500 feet southeast of the intersection of Farm-to-Market Road 581 and U.S. Highway 190, west of Kirby Creek and south of the City of Lometa in Lampasas County, Texas.

CITY OF MARION has applied for a renewal of TPDES Permit No. 10048-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 1,400 feet west of Farm-to-Market Road 465 and 1,800 feet south of Farm-to-Market Road 78 in southwest Marion in Guadalupe County, Texas.

MARTIN REALTY & LAND, INC. has applied for a renewal of TPDES Permit No. WQ0012621001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately two miles southeast of the intersection of Farm-to-Market Road 1485 and Farm-to-Market Road 2090 in the Country West Subdivision in Montgomery County, Texas.

TXU MINING COMPANY LP which operates the Twin Oak Lignite Mining Area, a lignite surface mine, has applied for a renewal of TPDES Permit No. WQ0002699000, which authorizes the discharge from retention ponds in the "active mining area" on an intermittent and flow variable basis via Outfalls 001, 002, and 003; the discharge from retention ponds in the "post-mining area" on an intermittent and flow variable basis via Outfalls 101, 102, and 103; and the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via Outfall 004. The facility is located along Farm-to-Market Road 2293, approximately 6 miles southeast of the City of Bremond, Robertson and Limestone Counties, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.

CITY OF PEARLAND has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to eliminate Outfall 002. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The existing permit also authorizes the disposal of treated domestic wastewater via irrigation of 18 acres. The facility is located approximately 0.25 mile east and 1 mile north of the intersection of County Road 101 (Bailey Road) and County Road 103 (Harkey Road) in the City of Pearland in Brazoria County, Texas.

TRD-200500908

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 1, 2005

Notices mailed February 25, and February 28, 2005.

APPLICATION NO. 4155A; The Brazos River Authority, P.O. Box 7555, Waco, Texas 76714-7555, applicant, seeks an amendment pursuant to 11.122, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. The applicant owns Water Use Permit No. 4146 (Application No. 4155), which authorizes the construction of a dam and reservoir (Lake Alan Henry) on the South Fork of the Double Mountain Fork of the Brazos River, tributary of the Brazos River, Brazos River Basin, and the impoundment therein of 115,937 acre-feet of water, which the applicant is authorized to use for nonconsumptive recreational purposes. The permit also authorizes the diversion from the reservoir and use of 35,000 acre-feet of water per year for municipal purposes at a maximum combined diversion rate of 69.6 cfs (31,200 gpm), and a maximum secondary use of 21,000 acre-feet of water per year (treated sewage effluent) out of the maximum 35,000 acre-feet of water per year for the irrigation of 10,000 acres in Lubbock and Lynn Counties. The applicant seeks to correct the coordinates for the authorized diversion point and to add a diversion segment that includes the entire shoreline of the Sam Wahl Recreation Area. The corrected coordinates for the authorized diversion point are Latitude 33.0628 N and Longitude 101.0483 W, also bearing S 27 W, 5,300 feet from the northwest corner of the Houston and Great Northern RR Co., Survey 55, Abstract No. 120, Kent County, and Abstract No. 810, Garza County. The requested diversion segment is on the north shore of Lake Alan Henry, and includes the entire shoreline of the Sam Wahl Recreation Area in Garza County. The western boundary of the diversion reach is located at Latitude 33.0458 N and Longitude 101.1186 W, also bearing S 67 W, 25,875 feet from the northwest corner of the same survey, and the eastern boundary is located at Latitude 33.0542 N and Longitude 101.0811 W, also bearing S 59.5 W, 14,583 feet from the northwest corner of the same survey. No changes to diversion amount or rate are requested. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and fees were received on November 9, 2004, and additional information was received on November 18 and December 14, 2004. The application was declared to be administratively complete and accepted for filing with the Office of the Chief Clerk on January 7, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by March 11, 2005.

APPLICATION NO. 5865; Rayzor Ranch, L.P., 8401 North Central Expressway, Suite 350, Dallas, Texas, 75225, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to 11.143, Texas Water Code, and TCEQ Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicant seeks authorization to modify and maintain an existing, exempt, on-channel dam and reservoir with a maximum capacity of 17.2 acre-feet of water and a surface area of 3.7 acres on an unnamed tributary of Loving Branch, tributary of Hickory Creek, tributary of Elm Fork Trinity River, tributary of the Trinity River, Trinity River Basin, for in-place recreational purposes. Station 4+00 on the centerline of the dam is S75 W, 1,526 feet from the northeast corner of the J.L. Rose Original Survey, Abstract No. 1097, at Latitude 33.108 N, Longitude 97.122 W, approximately 7.4 miles south of the City of Denton and approximately 2.4 miles north of Bartonville in Denton County, Texas. Ownership of the innundated land is evidenced by a Correction General Warranty Deed, filed on March 22, 2000 with the Denton County Clerk as Volume 4552, Pages 0465-0482. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on October 1, 2004. Additional information was received on November 17, 2004. The application was declared administratively complete and filed with the Office of the Chief Clerk on January 12, 2005. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200500907

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 1, 2005

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 24, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Gary R. Reeves; SOAH Docket No. 582-04-8213; TCEQ Docket No. 2003-1432-OSI-E The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Gary R. Reeves on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200500909

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 1, 2005

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 18, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 18, 2005 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Ngoc Tran dba 5 Star Mart Inc.; DOCKET NUMBER: 2004-1815-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 49953, Regulated Entity Reference Number (RN) 102488616; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Jose Galarza dba 100 Quick Stop; DOCKET NUMBER: 2004-1753-PST-E; IDENTIFIER: PST Facility Identification Number 47680, RN101685584; LOCATION: Los Fresnos, Cameron County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: BRG Enterprises, Inc. dba Chevron 7-4757; DOCKET NUMBER: 2004-1317-PST-E; IDENTIFIER: PST Facility Identification Number 17845, RN101632503; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(B)(ii) and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form was accurately completed and submitted and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Balques Inc. dba Sunshine Food 2; DOCKET NUMBER: 2005-0102-PST-E; IDENTIFIER: PST Facility Identification Number 38643, RN102130770; LOCATION: Denison, Grayson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825-3100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Boling Municipal Water District; DOCKET NUMBER: 2003-0339-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10843-001, RN102806056; LOCATION: Boling, Wharton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10843-001, and the Code, §26.121(a), by failing to comply with permitted effluent limits, by failing to submit noncompliance notifications for effluent violations, by failing to include all results of additional monitoring in the calculation and reporting of the values submitted on the discharge monitoring reports, and by failing to annually calibrate the secondary flow measuring device; 30 TAC §317.6(b)(1)(E), by failing to provide forced mechanical ventilation to the chlorine room; 30 TAC §319.11(d), by failing to provide accurate flow measurements; and 30 TAC §290.51 and the Code, §5.702, by failing to pay the late fee associated with the public health service fee; PENALTY: $26,581; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Cahill Country Water Supply Corporation; DOCKET NUMBER: 2004-0809-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1260073, RN101183960; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(A), (f), (i), (m)(1) and (4), (n)(2) and (3), and (t) and §290.11(c)(5)(A), by failing to maintain a record of operation and maintenance activities, by failing to conduct the annual inspection of the system's ground and pressure tanks, by failing to maintain a watertight condition in the lines of the distribution system, by failing to have an accurate up-to-date map of the distribution system, by failing to employ a Class D licensed operator, and by failing to post signs with required information; 30 TAC §290.42(l), by failing to have a plant operations manual; 30 TAC §290.43(c), by failing to maintain the 10,500 gallon storage tank; and 30 TAC § 290.45(b)(1)(B)(iv), by failing to meet the agency's minimum water system capacity requirements; PENALTY: $2,900; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Crystal Beach Corporation dba Sweads Grocery; DOCKET NUMBER: 2004-1565-PST-E; IDENTIFIER: PST Registration Number 0003909, RN101794196; LOCATION: Crystal Beach, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory procedures for all UST systems; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to provide proper release detection; and 30 TAC §334.74, by failing to conduct release investigation and confirmation steps of a suspected release; PENALTY: $8,925; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Lazaro Juarez dba Downtown Fuel Service Car Wash; DOCKET NUMBER: 2004-1973-PST-E; IDENTIFIER: PST Registration Number 74194, RN102716289; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(9) COMPANY: Farmers Dairies, Ltd. dba Farmers Dairies; DOCKET NUMBER: 2004-2091-AIR-E; IDENTIFIER: Air Account Number EE1311Q, RN100818756; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: milk and dairy products; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the 2.7% by weight minimum oxygen content of gasoline; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(10) COMPANY: Troy Brown dba Foam Zone Car Wash; DOCKET NUMBER: 2004-1260-IWD-E; IDENTIFIER: RN102970779; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: commercial car wash; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater into waters in the state; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: Greif, Inc. dba Greif Brothers; DOCKET NUMBER: 2004-1412-AIR-E; IDENTIFIER: Air Account Number HG1221O, RN102079662; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: metal container manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(B) and §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification and deviation report; and the Code, §5.702(a) and THSC, §370.008, by failing to pay toxic chemical release fees; PENALTY: $4,700; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Hung Phung dba H & H Discount; DOCKET NUMBER: 2004-1909-PST-E; IDENTIFIER: PST Facility Identification Number 7245, RN102227493; LOCATION: Amarillo, Potter County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(13) COMPANY: Liem T. Quan dba Happy 7 11; DOCKET NUMBER: 2004-1838-PST-E; IDENTIFIER: PST Facility Identification Number 39652, RN101447449; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,210; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Harold McGehee dba Harold's Foods; DOCKET NUMBER: 2004-1788-PST-E; IDENTIFIER: PST Facility Identification Number 38202, RN101444990; LOCATION: Blue Mound, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i), by failing to renew a delivery certificate and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Harris County Municipal Utility District No. 217; DOCKET NUMBER: 2004-1859-MWD-E; IDENTIFIER: TPDES Permit Number WQ0014275001, RN102935186; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: water treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014275001, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: City of Henrietta; DOCKET NUMBER: 2003-1552-MWD-E; IDENTIFIER: TPDES Permit Number 0010454002, RN101701795; LOCATION: Henrietta, Clay County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010454002, and the Code, §26.121(a), by failing to maintain compliance with the permitted effluent limits; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(17) COMPANY: Henry Allen Norris Jr.; DOCKET NUMBER: 2005-0009-OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer License Number OS0004141, RN103480000; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: OSSF; RULE VIOLATED: 30 TAC §285.61(4) and THSC, §366.051(c), by failing to obtain an authorization prior to beginning construction of an OSSF; PENALTY: $200; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: In Sook Jung dba Highland Mobil; DOCKET NUMBER: 2004-1546-PST-E; IDENTIFIER: PST Registration Number 70040, RN102040490; LOCATION: Highland Village, Denton County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Rafia Sattar dba Junction Conoco; DOCKET NUMBER: 2004-1740-PST-E; IDENTIFIER: PST Registration Number 67479, RN101537173; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing t conduct an annual tightness test; 30 TAC §334.49(a)(4) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground metal components of a UST system; and 30 TAC §334.46(f)(3)(A) and (h)(1), by failing to ensure the UST's piping system was installed to the manufacturer's specifications; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Lake Conroe Hills Municipal Utility District; DOCKET NUMBER: 2004-1321-MWD-E; IDENTIFIER: TPDES Permit Number WQ0011569001, RN102080256; LOCATION: Willis, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011569001, and the Code, §26.121(a), by failing to operate and maintain the facility in order to prevent the discharge of solids into the receiving stream and by failing to comply with the permitted effluent limits; PENALTY: $4,270; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Amanda R. Lowe; DOCKET NUMBER: 2004-2068-OSI-E; IDENTIFIER: OSSF Installer License Number 0017965, RN103650982; LOCATION: Sour Lake, Hardin County, Texas; TYPE OF FACILITY: OSSF; RULE VIOLATED: 30 TAC §285.3(b)(1)(B) and THSC, §366.051(a), by failing to obtain an authorization prior to beginning construction of an OSSF; PENALTY: $200; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(22) COMPANY: MG Building Materials, Ltd.; DOCKET NUMBER: 2004-1598-MLM-E; IDENTIFIER: Solid Waste Registration Number 68403, RN101623791; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wood treatment; RULE VIOLATED: 30 TAC §324.4(1) and THSC, §371.041, by failing to prevent an unauthorized discharge of used oil waste; 30 TAC §324.6 and 40 Code of Federal Regulations (CFR) §279.22(c), by failing to clearly mark or label all used oil containers; 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct adequate waste determinations; 30 TAC §335.112(a)(18) and 40 CFR §265.441(c) and §265.443(i), by failing to submit the as-built drawings of the chromated copper arsenate (CCA) drip pad, certification by a licensed, professional engineer that the CCA drip pad conforms to the drawings, and by failing to document in a facility operating log all information concerning the cleaning of the drip pad; 30 TAC §335.112(a)(18) and 40 CFR §265.443(a)(4)(i) and (ii), (c), and (g), by failing to maintain the CCA drip pad surface and surrounding berms free of cracks and gaps and by failing to have a written assessment of the CCA trip, paid annually, re-certified by a licensed, professional engineer; and 30 TAC §335.1(131)(A)(iv) and 40 CFR §261.4(a)(9)(iii)(D) and (E), by failing to manage spent CCA wood preserving solution; PENALTY: $11,960; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: City of Milford; DOCKET NUMBER: 2003-1459-MWD-E; IDENTIFIER: TPDES Permit Number 13937-001, RN102080934; LOCATION: Milford, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §30.331(b), TPDES Permit Number 13937-001, the Code, §26.0301(a), and THSC, §341.103, by failing to utilize the services of a properly licensed Class C wastewater treatment facility operator; 30 TAC §319.7(a) and (d), by failing to maintain proper field sampling techniques and documentation for chlorine residual and pH samples and by failing to submit discharge monitoring reports in a timely manner; 30 TAC §305.125(1) and §309.13(e)(3), TPDES Permit Number 13937-001, and the Code, §26.121(a), by failing to submit sufficient evidence of legal restriction prohibiting residential structures within the part of the buffer zone not owned by Milford and by failing to comply with permitted limits; PENALTY: $18,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Usama Siddiqui dba Qavis; DOCKET NUMBER: 2004-1851-PST-E; IDENTIFIER: PST Facility Identification Number 39219, RN102284031; LOCATION: Mineola, Wood County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: Raul Perez dba RP Trucking Fuel Station; DOCKET NUMBER: 2004-0712-MLM-E; IDENTIFIER: RN104001128; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY: trucking fuel station; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning; 30 TAC §334.126(a), by failing to comply with the notification requirements prior to initiating the installation of a new or replacement aboveground storage tank (AST); 30 TAC §334.127(a)(1), by failing to register the AST that did not meet the exclusion or exemption criteria of Chapter 334; 30 TAC §330.4(a), by failing to obtain commission authorization for an activity of storage, processing, removal, or disposal of municipal solid waste; 30 TAC §334.125(b) and the Code, §26.3457(a), by failing to make available to a common carrier a valid, current tank registration certificate; and 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge storm water; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(26) COMPANY: City of Raymondville; DOCKET NUMBER: 2004-1013-PWS-E; IDENTIFIER: PWS Number 2450001; LOCATION: Raymondville, Willacy County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (2) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level running annual average for total trihalomethanes and haloacetic acids; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(27) COMPANY: Pravina Solanki dba Redland Grocery FFP 559; DOCKET NUMBER: 2004-2051-PST-E; IDENTIFIER: PST Facility Identification Number 18495, RN102354552; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(28) COMPANY: Sultan Momin dba Star Trac; DOCKET NUMBER: 2004-1765-PST-E; IDENTIFIER: PST Facility Identification Number 45705, RN102243227; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,140; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Vopak Terminal Deer Park, Inc.; DOCKET NUMBER: 2004-1572-AIR-E; IDENTIFIER: Air Account Number HG0629I, Air Permit Number 466A, RN100225093; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: bulk liquid storage terminal; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 466A, and THSC, §382.085(b), by failing to comply with permitted emission limits; PENALTY: $6,900; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: WTG Gas Processing, L.P. dba East Vealmoor Gas Plant; DOCKET NUMBER: 2004-1629-AIR-E; IDENTIFIER: Air Account Number HT0016G, Air Permit Number 20137, RN10100211473; LOCATION: Cohoma, Howard County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.145(2) and §122.146 and THSC, §382.085(b), by failing to submit complete and timely annual federal operating permit compliance certification and associated deviation reports; 30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 20137, and THSC, §382.085(b), by failing to maintain the maximum pounds per hour allowable emission rate for sulfur dioxide, by failing to maintain the minimum sulfur recovery efficiency rate, and by failing to conduct monthly leak detection monitoring for volatile organic compound emissions; PENALTY: $34,040; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

TRD-200500902

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 1, 2005

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Miller at (512) 463-5800 or (800) 325-8506.

Deadline: 30 Days Before An Election Report Due February 9, 2004

Russell Langely, Dallas County Democratic PAC - State & Local (CEC), 4209 Parry Ave., Dallas, Texas 75223

Deadline: 8 Days Before An Election Report Due March 1, 2004

Gerald M. Birnberg, Harris County Democratic Party, 6671 Southwest Freeway, Suite 303, Houston, Texas 77074-2221

Russell Langely, Dallas County Democratic PAC - State & Local (CEC), 4209 Parry Ave., Dallas, Texas 75223

Deadline: Semiannual GPAC Report Due July 15, 2004

James Richard Tyson, Dog PAC, P.O. Box 1326, Alvin, Texas 77512

Deadline: Semiannual JC/OH Report Due July 15, 2004

David W. Bradley, 5005 Milam St., Dallas, Texas 75206-6511

Deadline: 30 Days Before An Election Report Due October 4, 2004

Jon R. Gimble, Republican Women's Club PAC, P.O. Box 7291, Waco, Texas 76714

Dennis Tucker, 2489 North, Beaumont, Texas 77702

Deadline: 8 Days Before An Election Report Due October 25, 2004

Bernald Fred Ashmead, 1348 Gardenia, Houston, Texas 77018

Joseph D. Deshotel, P.O. Box 6025, Beaumont, Texas 77725

Donald J. Large, 11731 Fall Meadow Lane, Houston, Texas 77039-5803

John Patrick, Texas Political & Legislative Committee, P.O. Box 9699, Houston, Texas 77213

Dennis Tucker, 2489 North, Beaumont, Texas 77702

Deadline: Monthly MPAC Report Due November 5, 2004

Don King, Sensitive Care PAC, 500 N. Akard St., #3960, Dallas, Texas 75201-6604

Angie Barrientos, Friends of the Texas Latina Caucus, P.O. Box 684116, Austin, Texas 78768

Deadline: Monthly MPAC Report Due December 6, 2004

Carvel L. McNeil, Houston Police Patrolmen's Union PAC, 1900 N. Loop West, #540, Houston, Texas 77018

Don King, Sensitive Care PAC, 500 N. Akard St., #3960, Dallas, Texas 75201-6604

Angie Barrientos, Friends of the Texas Latina Caucus, P.O. Box 684116, Austin, Texas 78768

TRD-200500934

David Reisman

Executive Director

Texas Ethics Commission

Filed: March 2, 2005

The Office of the Governor (OOG) is accepting proposals for nomination by the governor to compete for funding from the U.S. Environmental Protection Agency (EPA) Targeted Watershed Grant Program.

Approximately $10 million will be available to support projects nation-wide. EPA anticipates that typical grant awards for the selected watersheds will range from $600,000 to $900,000 depending on the amount requested and the overall size and need of the project. EPA is requiring applicants to demonstrate a minimum non-federal match of 25% of the total budget of the project. In addition to cash, the match may be contributed in the form of in-kind goods and services, such as the use of volunteers and their donated time, equipment, expertise, etc., consistent with the regulation governing match requirements (40 CFR 31.24 or 40 CFR 30.23).

Proposals for nomination submitted to the OOG should respond to and be in conformity with the guidelines and priorities outlined in the EPA Targeted Watershed Grant Program notice published in February 18, 2005 the issue of the Federal Register Volume 70, Number 33 (Notices) Page 8364-8372. This notice can be found on the EPA website: http://www.epa.gov/fedrgstr/EPA-WATER/2005/February/Day-18/w3184.htm

Two (2) projects within the State of Texas will be selected by the OOG and submitted to EPA. Applications submitted to the OOG will be evaluated using the criteria outlined in the EPA Targeted Watershed Grant Program notice. In addition to the two projects located exclusively in Texas nominated by the OOG, an unlimited number of inter-state or joint state and tribal watershed projects may be nominated. It is the responsibility of inter-state or joint state and tribal project administrators to submit applications to the appropriate state and tribal entities.

Application submittal: One electronic copy and five complete paper copies of each proposal must be received by 5 p.m. April 8, 2005.

Electronic . Please send an electronic copy of only the title page, abstract, work plan description, and budget form to rayer@governor.state.tx.us. Electronic submissions are limited to 120 KB in size and one submission per applicant. Do not send maps, letters of support, match certifications, or pictures of any kind via the electronic mailbox. The subject line must be in the format ``STATE--Watershed Name'' (e.g., TX--Rock Creek). No confidential business information should be sent via e-mail. The deadline for all electronic submissions is 5 p.m. April 8, 2005. If unusual or extraordinary circumstances prevent electronic submission of the proposal, please contact Ron Ayer (512) 463-6678.

Paper . Five hard copies of the complete proposal (including attachments, support letters, match commitments, etc.) must be received by 5 p.m. April 8, 2005. Submissions by conventional mail delivery should be sent to: State Grants Team, Office of the Governor, P.O. Box 12428, Austin, Texas 78711, ATTN: Ron Ayer, Targeted Watershed Grant Program. Submissions by courier should be sent to State Grants Team, Office of the Governor, State Insurance Bldg., 1100 San Jacinto, Austin, Texas 78701, ATTN: Ron Ayer, Targeted Watershed Grant Program. Contact phone: (512) 463-6678.

This Request for Proposals is the only written document containing application instructions available to applicants from the OOG. Information contained in proposals should comply with relevant sections from the above referenced Federal Register notice issued by EPA. Only those nominees selected by EPA for awards will be required to submit a formal grant application directly to EPA.

Contact information: Office of the Governor: Ron Ayer, (512) 463-6678, rayer@governor.state.tx.us; EPA Region VI: Brad Lamb, (214) 665-6683, lamb.brad@epa.gov.

TRD-200500930

Katherine Knight

Assistant General Counsel

Office of the Governor

Filed: March 1, 2005

Notice is hereby given by the Department of State Health Services (department), Radiation Safety Licensing Branch that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

Amendment number 32 authorizes the construction of two new pad locations for interim waste storage. At the same time, authorization is given for an increased capacity in waste storage volume to make utilization of the new storage areas. Finally, since justification for the additional space involves possible Department of Energy (DOE) contracted waste, which could include uranium by-product waste as defined in Texas Health and Safety Code, §401.003(3)(B), from the DOE Closure Project in Fernald, Ohio, limitations for retention time and department approved federal agreements for responsibility of the waste have been established through license conditions.

The department has determined that the amendment of the license and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste processing facility is operated in accordance with the requirements of 25 Texas Administrative Code (TAC), Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing, upon written request, within 30 days of the date of publication of this notice by a person affected as set out in 25 TAC, §289.205(f). A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Radiation Program Officer, Department of State Health Services, 1100 West 49th Street, Austin, Texas, 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 TAC, §1.21 et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the license amendment and supporting materials are available, by appointment, for public inspection and copying at the office of the Radiation Safety Licensing Branch, Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m., Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Radiation Safety Licensing Branch.

TRD-200500898

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 1, 2005

Notice is hereby given that the Radiation Control Program, Department of State Health Services (department), filed a complaint against Cyvon Imaging, Inc., dba Community Diagnostics, 122 West Colorado, Suite 100, Dallas, Texas 75208, Registration Number M00702 for the alleged failure to comply with an agency order.

The department intends to revoke the certification of mammography systems; order the registrant to cease and desist use of such mammography machine(s); order the registrant to divest itself of such equipment; and order the registrant to present evidence satisfactory to the department that it has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200500897

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 1, 2005

Notice is hereby given that the Radiation Control Program, Department of State Health Services (department), filed a complaint against the following registrant: Anant Mauskar, M.D., P.A., 8300 Homestead, Suite 5, Houston, Texas 77028, Registration Number R22288 for alleged violations of an agency order.

The department intends to revoke the certificate of registration; order the registrant to cease and desist use of such radiation machine(s); order the registrant to divest himself of such equipment; and order the registrant to present evidence satisfactory to the department that he has complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the items in the complaint are corrected within 30 days of the date of the complaint, the department will not issue an order.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200500900

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 1, 2005

Notice is hereby given that the Radiation Control Program, Department of State Health Services (department), filed a complaint against the following registrant: Inwood Dental, P.A., 8240 Antoine, Suite 202, Houston, Texas 77088, Registration No. R26377 for alleged violations of an agency order.

The department intends to revoke the certificate of registration; order the registrant to cease and desist use of such radiation machine(s); order the registrant to divest itself of such equipment; and order the registrant to present evidence satisfactory to the department that it has complied with the orders and the provisions of the Health and Safety Code, Chapter 401.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200500899

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: March 1, 2005

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for incorporation in Texas of PREMIER PENSION SOLUTIONS, L.L.C., a domestic third party administrator. The home office is WACO, TEXAS.

Application for admission to Texas of AMERICAN DENTAL PROFESSIONAL SERVICES, LLC., (using the assumed name of AMERICAN DENTAL ADVANTAGE SERVICES) a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200500935

Brenda Caldwell

Special Regulatory Counsel

Texas Department of Insurance

Filed: March 2, 2005

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for admission to Texas of AMERICAN SPECIALTY INSURANCE SERVICES, INC., a foreign third party administrator. The home office is INDIANAPOLIS, INDIANA.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200500938

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 2, 2005

Notice is given to the public of an application for transfer of responsibility for administration of nuclear decommissioning trust funds with the Public Utility Commission of Texas on February 14, 2005, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§14.001, 14.002, 39.205 (Vernon 1998 & Supplement 2005) (PURA) and P.U.C. Substantive Rule 25.303.

Docket Style and Number: Application of the San Antonio City Public Service Board for Transfer of Responsibility for Administration of Nuclear Decommissioning Trust Funds, Docket Number 30759.

The Application: The City of San Antonio, Texas, acting by and through the City Public Service Board of Trustees filed an application requesting that the responsibility for administering nuclear decommissioning trust funds be transferred to City Public Service Board from AEP Texas Central Company with respect to previously accumulated nuclear decommissioning trust funds of AEP Texas Central Company and nuclear decommissioning trust funds being collected by AEP Texas Central Company from its customers. City Public Service Board stated that the nuclear decommissioning trust funds are being collected to meet the decommissioning responsibilities for AEP Texas Central Company's interest in the South Texas Nuclear Project for its and for City Public Service Board's benefit in connection with the pending transfer to City Public Service Board of its proportionate share of AEP Texas Central Company's ownership of the South Texas Nuclear Project.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 30759.

TRD-200500880

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 28, 2005

Notice is given to the public of an application for transfer of responsibility for administration of nuclear decommissioning trust funds with the Public Utility Commission of Texas on February 14, 2005, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §§ 14.001, 14.002, 39.205 (Vernon 1998 & Supplement 2005) (PURA) and P.U.C. Substantive Rule § 25.303.

Docket Style and Number: Joint Application of AEP Texas Central Company and the San Antonio City Public Service Board for Transfer of Responsibility for Administration of Nuclear Decommissioning Trust Funds, Docket Number 30760.

The Application: AEP Texas Central Company (TCC) and the City of San Antonio, Texas, acting by and through the City Public Service Board (CPS) filed a joint application for review of agreements relating to the transfer of a proportionate share of TCC's nuclear decommissioning funds, rights, and responsibilities to CPS in conjunction with the sale of a portion of TCC's undivided interest in the South Texas Nuclear Project (STP).

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 30760.

TRD-200500881

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 28, 2005

Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 22, 2005, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.

Docket Title and Number: Application of Cumby Telephone Cooperative, Inc. to Amend its Designation as an Eligible Telecommunications Carrier (ETC). Docket Number 30787.

The Application: Cumby Telephone Cooperative, Inc. (Cumby) was granted ETC designation in the Lone Oak and Miller Grove exchanges. Cumby now seeks designation as an ETC in the Cooper exchange where Sprint - United is the incumbent provider. Cumby holds Certificate of Operating Authority Number 50017.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 25, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30787.

TRD-200500884

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 28, 2005

Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 22, 2005, for designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.417.

Docket Title and Number: Application of Cumby Telephone Cooperative, Inc. to Amend its Designation as an Eligible Telecommunications Provider (ETP). Docket Number 30786.

The Application: Cumby Telephone Cooperative, Inc. (Cumby) was granted ETP designation in the Lone Oak and Miller Grove exchanges. Cumby now seeks designation as an ETP in the Cooper exchange where Sprint - United is the incumbent provider. Cumby holds Certificate of Operating Authority Number 50017.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 25, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30786.

TRD-200500883

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 28, 2005

Notice is given to the public of an application filed on February 18, 2005, with the Public Utility Commission of Texas, to provide non-emergency 311 service for the City of Arlington. A summary of the application follows.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P. d/b/a SBC Texas for Administrative Approval to Provide Non-Emergency 311 Service for the City of Arlington. Docket Number 30776.

The Application: Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an administrative filing by Southwestern Bell Telephone, LP d/b/a SBC Texas (SBC Texas), for approval of the provision of Non-Emergency 311 Service, pursuant to P.U.C. Substantive Rule § 26.127, and SBC Texas' existing General Exchange Tariff, Section 47.

As a certified telecommunications utility (CTU), SBC Texas seeks approval on behalf of the City of Arlington for the City of Arlington to provide Non-Emergency 311 (NE 311) service to its residents within the legally-defined city limits of the City of Arlington in Tarrant County, Texas. NE 311 is available to local government entities to provide to their residents an easy-to-remember number to call for access to non-emergency services. By implementing NE 311 service, communities can improve 911 response times for those callers with true emergencies. Each local government entity that elects to implement NE 311 will determine the types of non-emergency calls that will handled by their 311 call center.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 12, 2005. Requests for further information should be mailed to the commission at P. O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Office of Customer Protection at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 30776.

TRD-200500882

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 28, 2005

On February 24, 2005, SOTELCO, Incorporated filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60505. Applicant intends to relinquish its certificate.

The Application: Application of SOTELCO, Incorporated to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 30795.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 16, 2005. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30795.

TRD-200500903

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 1, 2005

The City of Hondo through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional services firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT, Aviation Division will solicit and receive proposals for professional services as described below:

Airport Sponsor: City of Hondo, Hondo Municipal Airport, TxDOT CSJ No.0515HONDO, Scope: Prepare an Airport Master Plan which includes, but is not limited to, information regarding existing and future conditions, proposed facility development to meet existing and future demand, constraints to develop anticipated capital needs, financial considerations, management structure and options, as well as an updated Airport Layout Plan. The Airport Master Plan should be tailored to the individual needs of the airport.

The HUB goal is set at 0%. TxDOT Project Manager is Chris Munroe.

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal". The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Attention: To ensure utilization of the latest version of Form 551, firms are encouraged to download Form 551 from the TxDOT website as addressed above. Utilization of Form 551 from a previous download may not be the exact same format. Form 551 is an MS Word Template).

Six unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by midnight April 4, 2005 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on April 5, 2005; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of the forms to the attention of Edie Stimach. Hand delivery must be received by 4:00 p.m. April 5, 2005 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by e-mail will not be accepted.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating planning proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Chris Munroe, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200500896

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 1, 2005

The Maintenance Division of the Texas Department of Transportation (TxDOT) issued Request for Proposal 47-5XXPA001 on February 11, 2005, regarding hiring a consultant to develop business requirements for replacing TxDOT's existing Maintenance Management System. The following questions were received by the Maintenance Division with regard to the original Request for Proposal (RFP). The RFP and these questions and responses are also posted on the following website: http://www.dot.state.tx.us/mnt/contract/rfp.htm.

Question 1: What are the functionalities (Modules of the maintenance) that the existing system covers?

Response: Reporting

Question 2: What are the technical specifications of the existing system?

Response: MMIS was developed in-house as a mainframe application written in Natural.

Question 3: Is TxDOT contemplating to replace the existing system or are they open for enhancements to be performed on the existing system?

Response: TxDOT is looking for the best solution. The decision whether to modify or replace the system will be based on the business requirements.

Question 4: Is TxDOT planning to release a new RFP for the implementation?

Response: Yes

Question 5: With reference to Section 2.1 Evaluation and Selection & 3.1: The interview identified is with individual consultants being proposed or for the organization that is bidding for this opportunity. Can we read this requirement/criteria as proposal defense?

Response: "Consultant" is defined as the firm selected from this RFP. TxDOT will conduct interviews with the actual person and the team that is being proposed.

Question 6: Is there any specific timelines for TxDOT for completion of the project?

Response: TxDOT is estimating that this phase will take 9 months to complete. No definite deadline has been determined.

Question 7: With reference to provision of Client Reference: do we provide reference of a Business Requirements Documentation (BRD) preparation and/or Asset Management Consulting or does the reference need to comply with requirements like (In case you find this necessary to ask then please forward this to client):?

a. Departments of Transportation

b. Asset Management

c. BRD Preparation

Response: References should be from a similar project, or as close to this project as possible.

If you need further information regarding these questions and responses, please contact Brandye Payne, Texas Department of Transportation, Maintenance Division, 125 E. 11th Street, Austin, TX 78701-2483, 512/416-3191.

TRD-200500933

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 2, 2005

The following Record of Decision for the Kelly Parkway project was signed by the Federal Highway Administration (FHWA) on February 2, 2005. The project is being developed jointly with the FHWA and the Texas Department of Transportation.

Decision

The Texas Department of Transportation (TxDOT) and the FHWA have approved the proposed construction of the Kelly Parkway in southwest San Antonio, Bexar County, Texas. The parkway-type facility will extend approximately 8.8 miles from US90 on the north end to SH16 to the south. The limited access facility will consist of two through lanes in each direction, for a total of four lanes. On and off ramps will be provided at major intersecting roadways. Full interchanges will be built at US 90, Kelly Crossroads, W. Southcross Boulevard, SW Military Drive, Loop 353, I-35, and I-410, and a partial interchange will be constructed at SH 16. The purpose of the proposed Kelly Parkway is to increase transportation system efficiency and effectiveness by addressing the area’s transportation needs over the near and long term. The needs for the project are to improve transportation mobility, facilitate economic development, and enhance safety.

The need for improved transportation in Southwest San Antonio was identified in two separate studies: the Southwest San Antonio Mobility Study (1997), also referred to as the Mobility Study (1997) , and the Mobility 2025-Metropolitan Transportation Plan (MTP), also referred to as Mobility 2025, released in December 1999 by the San Antonio - Bexar County Metropolitan Planning Organization (MPO). Kelly Parkway will help the transportation system meet mobility needs and travel demands in the South San Antonio/KellyUSA vicinity as well as in southwest San Antonio. Kelly Parkway will provide a direct link between US90 and SH16, with connections to I-35, I-410, KellyUSA, and the Union Pacific Railroad (UPRR) Intermodal Terminal. At present, the existing arterial capacity is inadequate for the efficient movement of traffic carrying people, goods, and services between these various facilities.

Alternative 5 is the selected alternative and is the locally preferred alternative. Throughout the Environmental Impact Statement (EIS) process, it was necessary to weigh the concerns of thousands of stakeholders and determine which course of action would yield the greatest overall benefits. Alternative 5 was identified as the locally preferred alternative through the extensive public involvement effort undertaken as part of this project. This effort began with a preliminary design conference held in April 2000; it included over 100 stakeholder meetings (held over 3 ½ years), four working committees, a public involvement office, a web site, public educational workshops, four major public meetings, and concluded with a public hearing held on January 27, 2004. The engineering analyses - including cost-effectiveness, operational design, and constructability reviews - indicated that Alternative 5 was technically sound. The environmental analyses assessed the impacts to some 20 categories of potential environmental impact such as land use, farmlands, social environment, ecosystems, and historic and archaeological resources. Alternative 5 ranked highest among the eight alternatives analyzed, having the least environmental impacts.

A Notice of Intent to prepare an EIS for Kelly Parkway was published in the Federal Register on June 9, 2000. Detailed studies and analyses were conducted to develop alternatives, address public and agency concerns, and address social, economic, and environmental impacts. The Draft EIS was approved on December 8, 2003, and a notice of its availability was published in the Federal Register on December 22, 2003. A public hearing was held on January 27, 2004. Alternative 5 was chosen as the Preferred Alternative.

Alternatives Considered

Numerous conceptual alternatives were proposed to meet the Kelly Parkway study area’s transportation needs. The initial list of alternatives was termed the "Universe of Options." Three workshops were held for the initial screening, which reduced the Universe of Options from 1,440 possible alternative alignment combinations down to the "Top 40" alternatives. A second screening process was then used to reduce the "Top 40" alternatives to a select group that included those conceptual alternatives which were carried forward into the EIS. Of the Top 40 alternatives evaluated, eight build alternatives that best met the criteria were advanced for further detailed analyses along with the No-Build Alternative. These build alternatives have been termed the "Six-Pack" and consist of Alternatives 1 through 8.

For the purpose of developing and evaluating the alternatives, the study area was broken into four sections, taking into consideration comparable area demographics, traffic volumes, and environmental and design constraints. The four areas were: General Hudnell Drive, Quintana Road/UPRR, SW Military Drive to I-35, and I-35 to SH16. Although there were eight different build alternatives proposed, there was only one alignment in the General Hudnell section, and only two alignments within each of the other three sections; basically, an eastern alignment and a western alignment. Within each of these alignments, there were different nodes or connecting points proposed for each alternative. This leads to eight different possible build alternative combinations throughout the four sections.

Each build alternative proposed a different alignment for a multi-lane arterial meeting National Highway System Standards to serve the needs of the Kelly Parkway corridor. All of the build alternatives consisted of a minimum of four 12-foot travel lanes (two in each direction) with the right of way envelope typically ranging from 200 to 250 feet and widening to upwards of 400 feet at diamond interchanges and up to 1,000 feet at directional interchanges.

The No-build Alternative consists of the existing transportation system (roadway, bus transit, freight rail, bikeway, sidewalks) and the maintenance and reconstruction necessary to preserve this existing infrastructure in the study area and maintain bridge structural integrity for 20 years. In addition, the No-build Alternative includes improvement projects with committed funding including US 90/36th Street interchange (TxDOT), 36th Street - US 90 to Growden (City of San Antonio (COSA)), Fay Street Phase 1 - Quintana to Crittenden (COSA), Fay Street Phase II - Crittenden to Loop 353 (COSA), and General Hudnell Enhancement Project (Greater Kelly Development Authority (GKDA)). Other planned transportation improvements, including New Luke Road (COSA/GKDA), Berman/SW Military (COSA/GKDA) and others identified in the Southwest San Antonio Mobility Study (1997) , may or may not be implemented, depending on project development and funding availability for each improvement. This alternative is the baseline against which the other alternatives were compared.

In an effort to further improve Alternative 5, refinements were made between the August 27, 2002, public meeting and the publishing of the Draft EIS. These refinements were made in response to new information obtained during a more detailed analysis of Alternative 5, a commitment by Union Pacific Railroad to sell the tracks that parallel General Hudnell Drive, and the community’s continued emphasis on minimizing impacts to homes, schools, water wells, and farmlands. These changes were reviewed during a Value Engineering Study conducted June 2, through June 6, 2003, at TxDOT’s Bexar Metro Area Office. The value engineering team identified several ways to minimize impacts to the environment and to improve cost-effectiveness. A meeting with property owners affected by the refined alignment was held on July 24, 2003, to discuss the proposed changes. The public was able to comment on the changes to Alignment 5 at the educational workshop held on January 15, 2004. These changes are described in Section 4.22 of the Final EIS and were presented at the Public Hearing on January 27, 2004.

The evaluation of the eight alignment alternatives and the No-Build alternative in Sections 3.0 and 4.0 of the Final EIS was based on analysis of economic, social, and environmental factors of the affected environment. These factors included land use, socioeconomic conditions, noise, air quality, farmlands, water resources, ecological resources, cultural resources, hazardous materials, visual and aesthetic qualities, Section 4(f) properties, and construction. The impacts were evaluated by using a systematic interdisciplinary approach. A matrix in Appendix 10.3 of the Final EIS also illustrates the comparison of the alternatives. Several factors discussed below played a major role in the determination of the selected alternative.

Alternative 5 will require acquisition of approximately 386.5 acres of right of way, which is significantly less than the right of way required for the other build alternatives (approximately 475 to 497 acres). Most of this difference can be attributed to the refinements recommended by the value engineering study which result in acquisition of fewer areas of extractive, residential, and agricultural land uses. Although there will still be approximately six severed parcels of agricultural property, there is a significant reduction in total acres that would be severed from one large farm tract-55 acres under Alternatives 1 through 4 and 6 through 8, but only eight acres under Alternative 5. Alternative 5 and Alternative 6 will displace three businesses, which is significantly fewer than the necessary displacement of 31 to 35 businesses under Alternatives 1 through 4 and the seven businesses displaced under Alternatives 7 and 8.

Because of the ethnic and socioeconomic composition of the Kelly Parkway study area, nearly any significant impact, whether beneficial or adverse, would affect minority and low-income populations. No displacements would occur under the No-build Alternative. In looking at the estimated total number of minority and low-income residents adversely affected, Alternatives 1 through 4 and 6 through 8 would have considerably greater relocation impacts on the minority and low-income populations than Alternative 5, which is estimated to displace 181 persons of Hispanic origin versus an estimated 406 to 943 persons with the other alternatives. The estimated number of persons in below-poverty level households who would be relocated under Alternative 5 is 66 people, in contrast with the estimated 182 to 376 below-poverty residents relocated under the other alternatives. The total estimated number of residents relocated would be 193 people under Alternative 5, which is less than the estimated relocation impacts of the other alternatives, which would displace an estimated 466 to 1,001 persons.

No effects to groundwater or water wells are anticipated from the No-build Alternative. Each build alternative would displace irrigation water wells. Alternatives 2, 4, 5, 6, and 8 would each displace two irrigation wells. Alternatives 1, 3 and 7 would each displace three irrigation wells. Adverse secondary effects include impacts on water wells used for irrigation where agricultural parcels are separated from the water wellhead. Although the wellhead itself would not be affected, it would require boring and piping under Kelly Parkway so that other parcels currently served by these wells could be irrigated. Of particular importance is a public water supply well located just north of I-35 between Alternatives 1 and 5 and Alternatives 2 and 6. This well is an Edwards Aquifer well that currently provides drinking water to six households to the south of I-35 and several tracts of farmland to the east, west, and south. All build alternatives would have an impact on this well. In addition, all six water wells, including the public water supply well, would be affected by parcel separation.

Alternatives 1, 3, 5, and 7 would have four potential impacts to floodplains, consisting of two major crossings of Leon Creek and two minor longitudinal encroachments. Alternatives 2, 4, 6, and 8 have five potential impacts to floodplains, consisting of two major crossings of Leon Creek, additional crossings at the proposed I-410 interchange, one major longitudinal encroachment on the Leon Creek floodplain, and one minor longitudinal encroachment on the Indian Creek floodplain. Alternative 5’s four potential impacts present the least amount of floodplain impact overall due to the refinements in the alignment that reduced acres affected (see Final EIS, Section 4.11, Floodplain Impacts).

The FEIS indicates that, although there are long-term, potentially adverse social, economic, and environmental impacts from the proposed action, the beneficial impacts outweigh the negative impacts. Based on the alternative analysis for the Kelly Parkway, the refined Alternative 5 was selected as the preferred alignment alternative due to the fewer environmental impacts the alternative would cause, and because it best meets the purpose and need of the proposed project as described in Section 1.0 of the Final EIS.

Section 4(f)

Under Alternatives 1 through 4, the Section 4(f) site known as South San Community Center would be displaced to satisfy Kelly Parkway right of way requirements. In addition, Alternatives 1 through 4 would result in the taking of two buildings that have been identified as significant historic properties. Alternative 5 will not require the direct or constructive use of parkland, the South San Community Center or the use of any significant historic site. A Section (f) statement was not prepared.

Measures to Minimize Harm

Design Consideration - The design of Alternative 5 has included considerable coordination, during the scoping process, public meetings, stakeholder meetings, and a public hearing. These meetings were held to establish a project design that would minimize community impacts, while meeting the purpose and need of the project. In addition, the project was designed to comply with the requests of the appropriate environmental agencies.

Relocation Impacts - The acquisition and relocation program will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. In addition, TxDOT will take into consideration during the relocation process the concerns and interests of extended families living together or in close proximity to one another. Two commercial businesses are affected by Alternative 5. Some property will be acquired for right of way from Monterrey Iron and Metal.

Farmland Impacts - Some impacts involving access restrictions to existing agricultural operations may occur; however, TxDOT will ensure that access is restored to all affected parcels. In addition, small parcels that are separated by land fragmentation and are no longer economically feasible to farm will be entirely compensated for by TxDOT during the right of way acquisition process.

Noise Impacts - A preliminary evaluation of noise abatement measures indicated that noise barriers would likely be both feasible and reasonable for four residential areas along Alternative 5. The final decision to construct the proposed noise barriers will be made upon completion of the project design and public involvement process.

Groundwater Impacts - Two irrigation wells will be displaced by Alternative 5. Mitigation for water well displacement or parcel separation may include water rights purchase by TxDOT, boring and piping underneath Kelly Parkway to install irrigation equipment, or drilling new water wells. Specific mitigation measures will be adopted following completion of final project design and further consultation with affected property owners. Existing groundwater contamination may affect roadway construction activities when the construction requires excavation to the depth of the water table or below. This may occur when the roadway is constructed below grade, during excavation for storm sewers or other underground utilities, or during excavation for placement of support structures for roadway structures. Any contaminated groundwater that is withdrawn during dewatering activities will be managed in accordance with federal, state and local regulations. In addition, precautions will be taken to ensure that construction workers are not exposed to potentially unsafe or hazardous working conditions, in accordance with current Occupational Safety and Health Administration (OSHA) regulations.

Surface Waters - Pursuant to the Memorandum of Understanding (MOU) between TxDOT and Texas Commission on Environmental Quality (TCEQ), coordination will occur between these two agencies since Leon Creek is listed on the approved Texas 2002 Clean Water Act Section 303 (d) List as Segment # 1906. To minimize and mitigate adverse water quality impacts, appropriate design elements will be incorporated into the facility’s construction and maintenance operations. The water quality of the waters of the State will be maintained in accordance with all applicable provisions of the Texas Surface Water Quality Standards. TxDOT will comply with the TCEQ Texas Pollutant Discharge Elimination System (TPDES) storm water permit program which implements the National Pollutant Discharge Elimination System (NPDES). A Notice of Intent (NOI) will be filed with the EPA / TCEQ, and a Storm Water Pollution Prevention Plan (SW3P) will be in place during project construction. The SW3P will specify temporary and permanent erosion, drainage and discharge control measures for the project site and all construction equipment staging areas.

In accordance with recent TCEQ Section 401 Water Quality Certification conditions for Tier I projects, Best Management Practices (BMPs) will be used to maintain on-site water quality after construction. In addition to those BMPs required for Tier 1 projects, TCEQ conditionally certifies that activities authorized by U.S. Army Corps of Engineers (USACE) Section 404 Nationwide Permit 14 (Linear Transportation Projects) should not result in a violation of established Texas Water Quality Standards provided that at least one BMP from each of the three categories listed in Table 4.12 and Table 4.13 of the Final EIS will be used and remain in place until the area has been stabilized. Incorporation of BMPs approved by TCEQ for Tier I Section 401 projects will allow a Section 404 permit application to proceed without further review by TCEQ. Specific Tier I BMPs will be selected during later stages of the design process and incorporated into the SW3P. Considering that greater than 1,500 linear feet of streams may be impacted, the project may be considered Tier II and subject to an Individual 401 Certification Review, which would require a copy of the USACE permit application and the mitigation plan to be submitted. Compensation for impacts to jurisdictional waters will be determined during later stages of the design process and will be included in the 404 Individual Permit application or Preconstruction Notification. Appropriate post construction BMPs will be included in the project design to address pollutant loadings and impacts from highway storm water runoff in accordance with TxDOT’s MS4 permit.

Impacts to Waters of the US - Alternative 5 would potentially affect Leon Creek at two stream crossings (0.33 acre) and four wetlands (1.7 acres). Although most wetland and stream crossing impacts in this alternative are less than one-half acre at each crossing, one crossing is greater than one-half acre and may require an individual Section 404 permit. Unnecessary impacts will be avoided, and unavoidable impacts will be mitigated. A mitigation plan will be included in any Section 404 permit application or pre-construction notification sent to the USACE.

Floodplain Impacts - Alternative 5 would impact fifty acres of the floodplain. Major creek crossings will be designed in compliance with the Federal Emergency Management Authority (FEMA) rules limiting the increase in the 100-year peak flood elevation to one foot. The amount of fill in the floodplain will be minimized by elevating the majority of the alignment on bridge structure to the extent that it is cost effective and maintains compliance with Executive Order 11988 and 23 CFR 650A. The impacts of piers in the floodplains can be mitigated by minor improvements to the channel and overbank areas. As recommended in 23 CFR 650A, a risk analysis that considers cost includes a detailed hydraulic study, and assesses potential floodplain impacts to private property and structures will be performed for all bridge structures. For any major floodplain encroachments, the potential exists for a submission of a Letter of Map Revision to FEMA. Sections with longitudinal floodplain encroachments will be designed to minimize fill within the floodplain utilizing methods such as steep protected slopes and/or retaining walls to reduce the footprint of the roadway. To avoid major floodplain encroachments, portions of the alignment will be elevated on structures to utilize some of the flood storage that otherwise would be cut off from the proposed embankment. Structures designed for this situation will also be evaluated by a risk analysis. Minimizing the construction of work roads and construction areas would minimize construction impacts in the area. Following construction, work areas will be restored to equal or better conditions than existed before construction.

Impacts to Ecosystems - Urban, agricultural/cropland and developed/disturbed lands would be the dominant habitat types affected by Alternative 5. There would be low to moderate impacts to upland woods/parks (19.6 acres), scrub-shrub (8.7 acres), riparian (7.5 acres), and fencerow woods (2.7 acres). Mitigation will primarily be through minimizing impacts to highly valued habitat types, best achieved by development of a project design that reduces the amount of unavoidable habitat impacts, such as bridging affected sites.

Hazardous Materials Site Impacts - There are 22 sites with potential hazardous materials concerns located along Alternative 5. To complete the construction of Kelly Parkway, mitigation may be required for potentially hazardous materials present in the right of way, as well as for contaminated soil and groundwater that may be present within the right of way. No analytical data was available in making a determination about hazardous materials impacts at most sites. Therefore, additional investigation will be conducted within the right of way of Alternative 5 including the collection and analysis of soil and groundwater samples prior to construction. This additional investigation will assist in reducing uncertainty regarding actual impacts.

Monitoring or Enforcement Program

All commitments and conditions of approval stated in the Final EIS (Chapter 4 Environmental Analysis and Consequences) will be monitored by TxDOT and other appropriate state, federal and local agencies to ensure compliance.

Comments on the Final EIS

As a result of the Final EIS circulation for agency and public comment, two responses were received. The City of San Antonio responded to the publication to "add our support for the document as written." In a letter dated January 7, 2005, the Edwards Aquifer Authority (EAA) stated their support of the Final EIS as long as the Edwards Aquifer wells in the study area are properly constructed. This project will comply with all Edwards Aquifer Authority Rules.

Conclusion

Based on the analysis and evaluation contained in the Final EIS and after careful consideration of all the social, economic, and environmental factors and input from the public involvement process, it is my decision to adopt Alternative 5 (the selected alternative) as the proposed action for this project.

Signed on February 2, 2005 by Salvador Deocampo, P.E., District Engineer, Texas Division, Federal Highway Administration.

TRD-200500894

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 1, 2005