The Comptroller of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces that no contract was awarded for education outreach services for SECO’s Schools and Local Government Program under RFP 174b. The Comptroller anticipates that the RFP will be re-issued at a later date.

The RFP was published in the November 18, 2005, issue of the Texas Register (30 TexReg 7761) (RFP #174b).

TRD-200600038

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: January 4, 2006

Notice mailed December 30, 2005

TCEQ Internal Control No. 09082005-D03; MERION 100, L.P. (Petitioner) filed a petition for creation of Walsh Ranch Municipal Utility District (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC 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 is one lien holder, JPMorgan Chase Bank, N.A., on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 102 acres located in Williamson County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Round Rock, 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. R-05-10-13-10H5, effective October 13, 2005, the City of Round Rock, 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 municipal, domestic, industrial, and commercial purposes; (2) acquire, construct, operate, and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, 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 $9,670,000.

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. 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, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. Si desea información en Español, puede llamar 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200600017

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2006

The purpose of the meeting regarding the Ballard Pits site is to obtain public input and information concerning the proposal of the Ballard Pits site to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code (the Act), Chapter 361, as amended, to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the April 29, 2005, issue of the Texas Register (30 TexReg 2583).

In accordance with the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the site is located. The commission hereby gives notice that the commission's executive director has determined the Ballard Pits site to be eligible for listing, and that the executive director proposes to list it on the state registry. The commission also gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the site. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rules in 30 TAC §350.53.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this site was also published on January 13, 2006, in the Corpus Christi Caller Times.

The site proposed for listing is Ballard Pits, located at the end of Ballard Lane, west of its intersection with County Road 73, approximately four miles northwest of the Corpus Christi city limits. The pits are located on Lots 2 and 3 in Section 6 of the Wade Riverside Subdivision. The geographic coordinates of the East Pit are Latitude: 27.8865 Degrees North, Longitude: 97.6830 Degrees West. The geographic coordinates of the West Pit are Latitude: 27.8878 Degrees North, Longitude: 97.6842 Degrees West. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

The Ballard Pits are located on property owned by the C. F. Ballard Residuary Trust and/or Mamie Helen Ballard. Historically, the Ballard Sand and Gravel Company operated on these properties.

The pits have a combined surface area of approximately 63,000 square feet. There is a combined estimated volume of 14,000 cubic yards of material in the two pits. Previous sampling conducted by the Railroad Commission of Texas indicated volatile and semivolatile organic compounds, metals, and polychlorinated biphenyls in the pit material.

A public meeting will be held on February 23, 2006, at 7:00 p.m., in the cafeteria of Calallen High School, 4001 Wildcat Drive, Corpus Christi, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the site that is the subject of this notice is located. The public meeting is not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001.)

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., February 23, 2006, by Marshall Cedilote, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P. O. Box 13087, Austin, Texas 78711-3087 or facsimile to (512) 239-4814. The public comment period for this action will end at the close of the public meeting on February 23, 2006.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Corpus Christi Public Library, Northwest Branch, 3202 McKinzie Road, Corpus Christi, Texas 78410, (361) 241-9329. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program on the world wide web at www.tceq.state.tx.us/remediation/superfund/sites/index.html. Persons who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141.

TRD-200600008

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 3, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is 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 February 13, 2006. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 13, 2006. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing.

(1) COMPANY: Dexter Simpson dba Overton Road Chevron; DOCKET NUMBER: 2004-1971-PST-E; TCEQ ID NUMBERS: 75267 and RN102835766; LOCATION: 3926 East Overton Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $3,150; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Moghul Empire Inc. dba Kolkhorst - Ali 12; DOCKET NUMBER: 2005-0891-PST-E; TCEQ ID NUMBERS: 29158 and RN102055096; LOCATION: 3324 Robinson Drive, Waco, McLennan County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to have required UST records maintained and readily accessible for inspection upon request by a representative of the TCEQ; 30 TAC §334.7(d)(3), by failing to amend its registration with 30 days of any change to reflect the current status of the UST system; 30 TAC §334.8(c)(5)(C), by failing to label according to the registration and self-certification form; 30 TAC §334.49(c)(2)(C) and (4), by failing to inspect the cathodic protection system at least once every 60 days and to test the system at least once every three years for proper operability; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III), and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month and to have the line leak detectors tested at least once per year for performance and operational reliability; PENALTY: $12,705; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200600027

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 3, 2006

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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of 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 February 13, 2006. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 13, 2006. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing.

(1) COMPANY: Ennis West End, Inc. dba Speedmax 1; DOCKET NUMBER: 2004-0462-PST-E; TCEQ ID NUMBERS: 0043275 and RN101538007; LOCATION: 8445 Lancaster Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED: 30 TAC §115.246(4) and (7)(A), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain at the facility and make immediately available for review upon request by an authorized representative of the City of Dallas' local air pollution control program, proof of attendance and successful completion of, by at least one facility representative, a training course approved by the Executive Director, for the operation and maintenance of the facility's Stage II vapor recovery system, and by failing to maintain documentation that every current facility employee has been made aware of the purposes and correct operating procedures of the system; PENALTY: $2,300; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Hurein S. Corporation dba BS Quick Stop Grocery 2; DOCKET NUMBER: 2004-1246-PST-E; TCEQ ID NUMBERS: 44259 and RN101866978; LOCATION: 16620 Farm-to-Market Road 1485, Conroe, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from operation of petroleum underground storage tanks (USTs); PENALTY: $3,270; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Uni-Wide Auto Imports, Inc.; DOCKET NUMBER: 2003-1522-MSW-E; TCEQ ID NUMBER: RN102999968; LOCATION: 9909 Airline Drive, Houston, Harris County, Texas; TYPE OF FACILITY: scrap tire processing facility; RULES VIOLATED: THSC, §361.112(a) and 30 TAC §§328.60(a), 328.63(b)(2), and 328.55(5), by failing to submit a scrap tire storage site registration application within ten days of changing the operation from tire processing to tire storage and by failing to obtain authorization to store more than 500 used or scrap tires on the ground or more than 2,000 used or scrap tires in enclosed or lockable containers; 30 TAC §328.63(d)(2), by failing to monitor tire stockpiles for vector control and apply appropriate vector control measures when needed, but not less than every two weeks; and 30 TAC §328.58(c), by failing to properly use and complete scrap tire manifests; PENALTY: $11,655; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Zak Business Inc. dba Kountry Mart; DOCKET NUMBER: 2004-1622-PST-E; TCEQ ID NUMBERS: 67946 and RN102434842; LOCATION: 18919 Highway 105, Cleveland, Liberty County, Texas; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay overdue public health system fees; PENALTY: $5,250; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200600026

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 3, 2006

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the Texas Commission on Environmental Quality (TCEQ). You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TCEQ, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200600015

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2006

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) in accordance with 30 TAC §294.41(i), gives notice of the completion, recommended action, and availability of the priority groundwater management area (PGMA) report entitled Updated Evaluation for the Williamson, Burnet, and Northern Travis Counties Priority Groundwater Management Study Area . In the report, the executive director concludes that the study area including all of Williamson, Burnet, and Northern Travis Counties should not be designated as a PGMA at this time because: 1) most of the identified water supply problems are localized and are not study area-wide problems; 2) the study area water supplies are of sufficient quality to meet intended and projected uses; and 3) the study area water purveyors have secured adequate water resources, or are presently working to secure adequate water resources, to meet all water demands for the next 25-year period. Because the data does not justify PGMA designation at this time, the executive director concludes that the local leadership, landowners, and citizens must determine if they desire to manage their groundwater resources. For their groundwater management consideration, the executive director concludes that either the creation of a multi-county groundwater conservation district (GCD) consisting of Williamson and Northern Travis Counties in the study area, or the addition of the two counties to the existing adjacent groundwater conservation districts would be the most feasible, economical, and practical options to achieve groundwater management in the study area.

EXECUTIVE SUMMARY OF REPORT

1990 Study

A 1990 study by the Texas Water Commission (Texas Commission on Environmental Quality predecessor agency) and the Texas Water Development Board (TWDB) determined that Williamson County and parts of Bastrop, Bell, Burnet, Milam, and Travis Counties did not meet the criteria to be designated as a "critical area" primarily because of the availability of surface water supplies to meet projected needs. By statutory definition, the critical groundwater problem criteria include shortages of surface water or groundwater, land subsidence resulting from groundwater withdrawn, and contamination of groundwater supplies. However, the Texas Water Commission recommended that progress toward the conversion from groundwater to surface water usage should be reinvestigated at a later date, and if conversion plans were not being implemented or if groundwater conservation districts were not being formed, designation consideration for the area may need to be reconsidered. Since the 1990 study, the residents of Bastrop, Lee, Bell, Milam, and Burleson Counties have confirmed the creation of groundwater conservation districts. During the final phases of completing this report, the citizens of Burnet County also confirmed creation of a groundwater conservation district.

2005 Update Study

This PGMA update study summarizes and evaluates data and information that has been developed in Williamson, Burnet, and Northern Travis Counties over the past two decades to determine if the area is experiencing, or is expected to experience, within the next 25-year period, critical water supply problems. This report relies primarily on the data and supporting information for the 2001 Brazos G and Lower Colorado Regional Water Plans and the 2002 State Water Plan. The report also evaluates and uses information provided by stakeholders, other TWDB publications and data, data from the groundwater availability modeling for the northern segment of the Edwards aquifer and the Trinity/Woodbine aquifers, and natural resources issues identified by the Texas Parks and Wildlife Department. The report evaluates the authority and management practices of existing water management entities and purveyors within and adjacent to the study area, and makes recommendations on appropriate strategies needed to conserve and protect groundwater resources in the study area.

On July 26, 2004, TCEQ mailed a notice to approximately 280 water stakeholders in the study area to solicit comments and information about water supplies and groundwater availability, water level trends, water quality, and groundwater management. Most respondents from Williamson County stated that the study area should not have critical groundwater problems during the next 25 years and should not be designated as a priority groundwater management area. The Burnet Water Council commented that even though localized groundwater problems exist in the study area, the study area should not be designated as a tri-county PGMA due to different water use practices among the three counties.

The three-county study area gets water from the Colorado River and Brazos River Basin sources and groundwater. In 2000, 164,876 acre feet (acft) of water was used: surface water accounted for 83% (137,459 acft) of the water used, and groundwater accounted for 17% (27,417 acft). The primary sources of surface water supply in the study area are from the Highland Lakes, Colorado River, and water supplied through the Brazos River Authority. The Edwards and Trinity Group aquifers are the primary groundwater sources in Williamson and Northern Travis Counties, and the Ellenburger-San Saba, Hickory, Marble Falls, and Trinity Group aquifers are the primary groundwater sources for Burnet County. Other aquifers also supply groundwater to the study area.

The total quantity of water available for supply in the study area was estimated to be 345,209 acft in 2000, and is projected to decrease by 8% between 2000 and 2030. In 2000, municipal use accounted for 141,667 acft (86%) of the total amount of water used, up from 107,254 acft in 1995, and up from 93,541 acft in 1990. Of the amount of water used for municipal purposes in 2000, 22,646 acft (16%) was supplied by groundwater sources and 119,021 acft (84%) was supplied from surface water sources. Between the years 2000 and 2030, total population within the study area is projected to increase by approximately 91%. The total 2030 projected water demand for the three-county study area is anticipated to be 298,278 acre feet/year (acft/yr), an increase of 133,402 acft, or 81% over the 2000 water use. Municipal needs represent the largest demand for water in the study area and are projected to increase by approximately 124,667 acft over the 30-year planning period. Municipal needs account for 86% of the total water use in 2000 and increase to 89% of the total annual water demand for 2030, from 141,667 acft/yr to 266,334 acft/yr.

The water supply problems identified in the study area include lack of drought-reliable groundwater supplies, lack of firm supplies for some municipal use and most mining use, localized water level declines, potential groundwater supply impacts from new mining or industrial wells, and removal of groundwater from aquifer storage to meet future demands. Most water supply concerns in the study area are addressed with surface water contract renewal, ongoing and continued water supply infrastructure expansion, and Carrizo-Wilcox aquifer groundwater development for import--all management strategies adopted by the 2001 Brazos G and Lower Colorado Regional Water Plans. There are no significant changes to the management strategies identified in the two 2005 Initially Prepared Regional Water Plans for the study area. During the last 15 years, the study area water purveyors have secured, and continue to secure, additional surface water resources while not increasing the amount of groundwater use. Using the water demand projections developed by the Brazos G and Lower Colorado Regional Water Planning Groups, the TWDB groundwater availability predictive models for the northern Edwards and Trinity/Woodbine aquifers do not project future significant regional water level decline to occur in the next 25-year period in the study area. Over the 50-year horizon, the model runs do predict that a gradual long-term water level decline will occur in the Pflugerville-Round Rock-Georgetown area.

The groundwater quality in the Edwards aquifer is generally good; however, the aquifer is highly vulnerable to surface contamination. The quality of water in the aquifer is directly affected by the total environment of the water, from its origin as rainfall to its ultimate discharge from wells and springs in the aquifer. Most of the dissolved matter in the groundwater is from the solution of substances in the rocks that compose the aquifer. The groundwater quality of the Trinity Group aquifer in the western portion of the study can be characterized as a calcium carbonate type water. Downdip to the eastern side of the study area, the water quality tends to decrease, becoming more saline. Water quality problems in the study area are best solved by coordinated efforts of state and local government, and water supply entities. The TCEQ Edwards Aquifer Protection Program rules in 30 TAC Chapter 213 address activities that could pose a threat to water quality in the Edwards aquifer and the surface streams that feed it into Williamson and Northern Travis Counties. Naturally occurring water quality problems in the Trinity Group aquifer, especially in the eastern side of the study area, are primarily addressed by blending this groundwater with surface water to achieve the drinking water standards.

Most of the identified water supply problems are localized and are not study area-wide problems. The available data indicates that study area water supplies are of sufficient quality to meet intended and projected uses. Further, study area water purveyors have secured adequate water resources or are presently working to secure adequate water resources to meet all water demands for the next 25-year period.

Recommendation on PGMA Designation

Based on the presently available information, the study area is not experiencing, and is not expected to experience, within the next 25-year planning horizon, critical groundwater problems. Therefore, the report contains a conclusion and recommendation that the Williamson, Burnet, and Northern Travis Counties study area should not be designated as a priority groundwater management area at this time.

Groundwater Management

The report evaluates the feasibility and practicability for groundwater management by a GCD, and concludes that managing and protecting the aquifers within the study area could be effectively accomplished through the establishment of a GCD. A GCD could benefit the study area by implementing Texas Water Code, Chapter 36 authorized monitoring, assessment, planning, permitting, and education programs, as well as through water well spacing and water quality protection rules.

Groundwater management strategies to monitor, evaluate, and understand the aquifers sufficiently to establish programs to protect the riparian habitats fringing rivers, streams, and lakes, as well as protecting karst habitats, should be a priority in study area land-use planning processes. Implementing programs to minimize water level declines from concentrated pumping centers, and maintaining the existing spring flows in the study area and in counties adjacent to the study area would also facilitate the protection of natural resources. Cooperating and supporting existing multi-agency efforts such as the Balcones Canyonlands Preserve, Williamson County Karst Conservation Foundation, and TCEQ Edwards aquifer protection rules in Chapter 213 are also recommended to help conserve natural resources in the study area.

Because the study area's water supply concerns are mostly solved with implementation of water management strategies, PGMA designation is not recommended at this time and any GCD creation action would have to be locally initiated. The local leadership, landowners, and citizens must determine if they desire to manage their groundwater resources through a GCD. If their answer is yes, the citizens, on their own initiative, would need to consider the different methods and options available to create a GCD.

Most study area stakeholders have made it clear they do not believe a multi-county GCD would be practicable based on both hydrological conditions and other factors such as study area population densities. Burnet County stakeholders commented that they greatly preferred a Burnet County-only GCD, and in fact legislatively created and voted to confirm the creation of the Central Texas Groundwater Conservation District during the preparation of this report. The new Central Texas Groundwater Conservation District is sufficiently authorized to manage and protect the groundwater resources in Burnet County. Groundwater monitoring, assessment, planning, education, and permitting programs, as well as water well spacing and well closure programs are recommended for the district to manage the Trinity and Paleozoic-aged aquifers for the present citizens of the county and for future generations. Implementation of these types of programs will allow the district to identify and address water level declines in localized areas of heavy pumpage, provide safeguards from well interference from new groundwater users, and protect groundwater quality.

Nearly all of Northern Travis and Williamson Counties are within certificated water purveyor service areas. Through conservation programs and efforts to meet new demands with surface water sources, these entities can largely maintain their present groundwater systems. However, these types of entities do not have authority to control large scale groundwater pumpage for private purposes that could potentially impact a shared groundwater supply. The Clearwater Underground Water Conservation District in Bell County noted that the effectiveness of its groundwater management measures may be lessened if surrounding areas are not likewise managing the shared groundwater resource.

The Williamson County Water Visionary Committee does not support the creation of a GCD in Williamson County and noted that there is little public support in the county for such a district. TCEQ staff suggests that the most practicable method to achieve groundwater management for landowners who are concerned about groundwater quantity or quality impacts from the new users or demands may be to petition an adjacent GCD, either individually or collectively, to have their property added to the district.

In absence of a GCD, TCEQ staff suggests that the Commissioner's Court of Williamson County should follow through with its intent to adopt a formal Williamson County master water supply plan to address the supply, treatment, and distribution of water throughout the county to ensure that both rural and urban areas are efficiently and adequately supplied with water. Lastly, TCEQ staff suggests that a GCD consisting of Williamson and Northern Travis Counties would be a feasible groundwater management entity only if there were public support for it to succeed.

Motion to Overturn the Executive Director's Decision

The completion of this report concludes that TCEQ actions regarding the Williamson, Burnet, and Northern Travis Counties PGMA update study area and the recommendations made in the report are primarily for the water stakeholders in the three-county area. Local decision-making and initiative would be required to exercise the groundwater management practices identified and recommended in the report. Anyone who disagrees with the executive director's determination that a PGMA should not be designated may file a motion with the TCEQ to overturn the determination in accordance with 30 TAC §50.39. The deadline to file such a motion is February 6, 2006.

REPORT AVAILABILITY

The executive director's report was filed on January 9, 2006, with TCEQ's Office of the Chief Clerk, located at 12100 Park 35 Circle, Building F, Room 1104, Austin, Texas. The report is available for public inspection at the Office of the Williamson County Clerk, located at 405 Martin Luther King, Jr. Street in Georgetown and the Williamson County Public Library, located at 808 Martin Luther King Jr. Street, and also in the public libraries found in the cities of Round Rock, Pflugerville, Florence, Liberty Hill, Leander, Cedar Park, and Taylor; the Office of Burnet County Clerk, located at 220 South Pierce Street and the Burnet County Public Library, located at 100 East Washington Street in Burnet; and the public libraries in Marble Falls and Bertram; the Office of Travis County Clerk, located at 5501 Airport Boulevard in Austin and the Austin Public Library, located at 800 Guadalupe Street in Austin, and the branch libraries located in the northern part of the city. The report is also available for inspection at the Barton Springs/Edwards Aquifer Conservation District, located at 1124-A Regal Row in Austin; Blanco-Pedernales Groundwater Conservation District, located at 304 East Main Street in Johnson City; Clearwater Undergroundwater Conservation District, located at 550 East 2nd Avenue in Belton; Hays Trinity Groundwater Conservation District, located at 14101 Highway 290 West, Building 100, Suite 212, in Austin; Lost Pines Groundwater Conservation District, located at 123 A Old Austin Highway; Post Oak Savannah Groundwater Conservation District, located at 310 East Avenue C in Milano; the TCEQ Region 11 Office, located at 1921 Cedar Bend Drive, Suite 150, in Austin; and on the commission's Web site at http://www.tceq.state.tx.us/permitting/water_supply/groundwater/gw.html . Copies of the report may be obtained by contacting Mr. Abiy Berehe at (512) 239-5480, by email at aberehe@tceq.state.tx.us , or by writing to Mr. Abiy Berehe, Texas Commission on Environmental Quality, Groundwater Planning and Assessment, MC 147, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200600028

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: January 4, 2006

The Texas Commission on Environmental Quality (TCEQ) proposes to issue a general permit (Proposed General Permit No. WQG600000) authorizing the operation of existing industrial solid waste facilities which receive waste for treatment or storage on a commercial basis for discharge to publicly owned treatment works. The proposed general permit applies to the entire state of Texas. General permits are authorized by §26.040 of the Texas Water Code.

PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft general permit that provides requirements and conditions for the authorization of existing industrial solid waste facilities that receive waste on a commercial basis for discharge to publicly owned treatment works. The Executive Director proposes to require regulated facilities to submit a Notice of Intent to obtain authorization for discharges.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at: http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits.html.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P. O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register .

APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a response. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this general permit. The general permit will then be set for the Commissioners' consideration at a scheduled Commission meeting.

MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at: www.tceq.state.tx.us.

Further information may also be obtained by calling Yvonna Pierce of the Water Quality Division at (512) 239-6922 or Lynn Bell of the Waste Permits Division at (512) 239-6603.

Si desea información en Español, puede llamar 1-800-687-4040.

TRD-200600014

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2006

The following notices were issued during the period of December 29, 2005 through January 3, 2006.

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.

CITY OF CELESTE has applied for a renewal of TPDES Permit No. 10146-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 94,800 gallons per day. The facility is located approximately 4000 feet west of U. S. Highway 69 and approximately one mile south-southwest of the intersection of U. S. Highway 69 and the Atchison-Topeka and Santa Fe Railway in Hunt County, Texas.

CITY OF DAINGERFIELD has applied for a renewal of TPDES Permit No. WQ0010499001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 5,500 feet southeast of the intersection of U. S. Highway 259, Farm-to-Market Road 11 and Farm-to-Market Road 49 in Morris County, Texas.

CITY OF DODD CITY has applied for a renewal of TPDES Permit No. WQ0010538001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 48,000 gallons per day. The facility is located approximately 2,200 feet southwest of the intersection of State Highway 897 and U. S. Highway 82, and approximately 2,500 feet southeast of the intersection of U. S. Highway 82 and Farm-to-Market Road 2077, southeast of Dodd City in Fannin County, Texas.

ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to Permit No. 13478-001, to increase the area irrigated from 51,200 square feet to 72,800 square feet. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day via nonpublic access unconventional subsurface effluent distribution system with a minimum area of 51,200 square feet. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located at 9701 West 16th Street, Odessa, approximately 4,000 feet east of the intersection of West 16th Street and Moss Avenue in Ector County, Texas.

BETTY JOYCE JOHNSON has applied for a renewal of TPDES Permit No. 12893-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 17,500 gallons per day. The facility is located approximately 2 miles east of the intersection of Interstate Highway 20 and State Highway Loop 281 on Whitehurst Drive in Harrison County, Texas.

MSEC ENTERPRISES, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014638001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility will be located approximately 11,000 feet west of the intersection of Farm-to-Market Road 2854 and McCaleb Road on the northside of Farm-to-Market Road 2854 in Montgomery County, Texas.

RHODIA INC. which operates a guar processing plant, has applied for a renewal of TPDES Permit No. WQ0002537000, which authorizes the discharge of treated process wastewater, first flush storm water, domestic wastewater, and utility wastewater at a daily average flow not to exceed 1,300,000 gallons per day via Outfall 001 and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 201 Harrison Street, approximately 0.2 miles north of U. S. Highway 287, and approximately one mile east of the intersection of U. S. Highway 287 and U. S. Highway 70, in the City of Vernon, Wilbarger County, Texas.

CITY OF TEXARKANA has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10374-005, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 18,000,000 gallons per day and authorizes the marketing and distribution of sewage sludge. The facility is located along the east bank of Days Creek; adjacent to the west side of State Line Road, approximately one mile south of the intersection of Phillips Lane and State Line Road in Bowie County, Texas.

UNIVERSITY OF TEXAS has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 13646-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,000 gallons per day. This application was submitted to the TCEQ on May 19, 2005. The facility is located approximately 10 miles southeast of the intersection of State Highway 166 and State Highway 118 at the McDonald Observatory on Mount Locke, approximately 10 miles northwest of Fort Davis in Jeff Davis County, 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.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF BIG WELLS to include additional requirements concerning disinfection in item 2 on page 2a of the permit. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 2,000 feet west of Farm-to-Market Road 1867 and 2,200 feet south of U. S. Highway 85 in Dimmit County, Texas.

TRD-200600013

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2006

Notices issued December 29 through December 30, 2005:

Application No. 08-2410F; North Texas Municipal Water District (District), Applicant, P. O. Box 2408, Wylie, Texas 75098, seeks to amend Certificate of Adjudication No. 08-2410 pursuant to §§11.122, 11.042, and 11.046, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 08-2410 currently authorizes the District to impound 380,000 acre-feet of water in Lake Lavon, which is owned by the United States Army Corps of Engineers, and to divert and use from Lake Lavon: (a) 100,000 acre-feet of water per year for municipal purposes; (b) 4,000 acre-feet per year for industrial and municipal use; (c) 77,300 acre-feet of Trinity River Basin water per year for municipal purposes by over-drafting the firm yield of Lake Lavon when Lake Ray Hubbard is at or above maximum conservation level (435.5 feet msl) and spilling, or whenever additional water up to 77,300 acre-feet per year is supplied from Lake Texoma to Lake Lavon pursuant to Water Use Permit No. 5003; (d) 44,900 acre-feet of Trinity River Basin water per year for municipal purposes by over-drafting in excess of the firm yield of Lake Lavon during times when Lake Ray Hubbard is at or above maximum conservation level and spilling; (e) 57,214 acre-feet of water per year from Lake Lavon for municipal purposes consisting of a combination of over-drafting a maximum of 44,900 acre-feet of Trinity River Basin water and water supplied from Lake Chapman pursuant to Certificates of Adjudication Nos. 03-4797 and 03-4798; and (f) 71,882 acre-feet of water per year discharged into Lake Lavon from the District's Wilson Creek Wastewater Treatment Plant (WWTP). Certificate of Adjudication No. 08-2410 provides that the total consumptive use of water authorized by Certificates of Adjudication Nos. 08-2410, 03-4797, and 03-4798 and Water Use Permit No. 5003 for municipal purposes within the District's service area shall not exceed 234,514 acre-feet of water per year. If water is not transferred from Lake Chapman to Lake Lavon, the total consumptive use of water authorized by Certificate of Adjudication No. 08-2410 shall not exceed 222,200 acre-feet of water per year. In addition, Certificate of Adjudication No. 08-2410 authorizes the District to divert and consumptively use 4,000 acre-feet of water per year from Lake Lavon for municipal and industrial purposes. The Certificate contains several priority dates, special conditions, and diversion rates. Pursuant to Certificate of Adjudication No. 03-4798, District is also authorized to divert and use from Lake Chapman in the Sulphur River Basin, not to exceed 54,000 AF per year and pursuant to Certificate of Adjudication No. 03-4797 not to exceed 3,214 AF for use in its service area. Applicant seeks to amend Certificate of Adjudication No. 08-2410 to authorize: (a) The diversion and use of up to 206,600 acre-feet of water per year of the historical and projected future District Return Flows from sixteen (16) identified District or District customer-owned or operated WWTPs (District WWTPs), including a total volume of existing permitted District Return Flows of 159,075 acre-feet of which, the District proposes to divert and use 138,674 acre-feet per year of same, such that 30% of District Return Flows originating from water supplies within the Trinity River Basin will be left in the Trinity River to address the needs of downstream water rights and the environment; (b) The use of the bed and banks of the East Fork Trinity River and its tributaries within the Trinity River Basin to convey District Return Flows from the District WWTPs to the proposed diversion facilities downstream on the East Fork Trinity River, excluding the District Return Flows associated with District WWTPs that discharge directly into Lake Lavon or tributaries thereof (District Lake Lavon Return Flows); (c) The use of the bed and banks of Lake Lavon and its tributaries to convey District Lake Lavon Return Flows to the District's existing authorized points of diversion on Lake Lavon for subsequent diversion at the District's existing authorized diversion rate and for use by the District; (d) The diversion of District Return Flows at a maximum rate of 436 cfs (195,543 gpm) from the proposed diversion facilities to be located at any point within an approximate 1,200 foot reach of Stream Segment 0819 of the East Fork Trinity River between Latitude 32.642N, Longitude 96.484W and Latitude 32.635N, Longitude 96.485W; (e) The storage of not to exceed 4,497 acre-feet of District Return Flows in proposed off-channel storage facilities, including constructed wetlands; (f) The collection in and diversion of District Return Flows from the constructed wetlands in an amount equal to the amount diverted from the East Fork Trinity River, less conveyance losses associated with the temporary storage of such water in the constructed wetlands (estimated to be a maximum of 3,714 acre-feet per year), for conveyance by pipeline to Lake Lavon or a tributary to Lake Lavon; and (g) The conveyance of District Return Flows through a tributary of Lake Lavon and Lake Lavon for subsequent diversion at the District's authorized points of diversion on the perimeter of Lake Lavon at the District's existing authorized diversion rate, for use by the District. Treated effluent comprising District Return Flows will be discharged from the District WWTPs. For the description of the District WWTPs, view the complete notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. Applicant indicates that thirty percent (30%) of the District Return Flows originating from Trinity River Basin sources will be left in the Trinity River to address the needs of downstream water rights and the environment. Applicant indicates that there will be no losses associated with the conveyance of District Return Flows within Lake Lavon, to the District's existing diversion facilities on the perimeter of Lake Lavon, or within the East Fork Trinity River and its tributaries between the outfalls at District WWTPs and the District's proposed diversion facilities on the East Fork Trinity River. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The amendment application was received on April 20, 2004, and additional information was received November 3, 2004, December 21, 2004, and September 26, 2005. The application was reviewed by the Executive Director and determined to be administratively complete and filed with the Chief Clerk's Office on October 3, 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, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5814A; TXU Mining Company LP, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411, Applicant, seeks an amendment to a Water Use Permit pursuant to §11.122, Texas Water Code (TWC) and Texas Commission on Environmental Quality Rules 30 TAC §295.1, et seq. The existing Water Use Permit No. 5814 authorizes TXU Mining Company LP to store a maximum of not to exceed 2,114 acre-feet of water in 3 permanent on-channel reservoirs, resulting from mining activities in the Monticello Lignite Mining Area, on unnamed tributaries of Blundell Creek, tributary of Lake Monticello, tributary of Lake Bob Sandlin, tributary of Big Cypress Creek in the Cypress Basin in Franklin and Titus Counties, approximately 9 miles southwest of Mount Pleasant. The existing authorized impoundments are for non-exempt domestic and livestock purposes after mining activity ceases. The applicant seeks authorization to amend Water Use Permit No. 5814 to add a fourth proposed on-channel reservoir (Pond H-3R) resulting from mining activities on an unnamed tributary of Blundell Creek, tributary of Lake Monticello, tributary of Lake Bob Sandlin, tributary of Big Cypress Creek in the Cypress Basin within the Monticello Lignite Mining Area in Titus County, approximately 8.1 miles southwest of Mount Pleasant. Pond H-3R will cover an area of 42.2 acres, impound 1,144 acre-feet of water, and will be located at a bearing of S58.405 W, 16,600 feet from the southwest corner of the Joel Holbert Survey, Abstract No. A-262, in Titus County, also being located at Latitude 33.116 N and Longitude 95.098 W. After the initial filling of the reservoir, the impoundment will be maintained as a domestic and livestock reservoir with no right of diversion. Ownership of the mining rights in TXU Mining Company LP's Monticello Lignite Mining Area is held under multiple mining leases as evidenced by warranty deeds and leases filed with the TXU Mining Company LP's Surface Mining Permit Application in the Deed Records of Titus County, Texas. 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 September 29, 2005; and additional information was received on November 29, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 12, 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, 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-200600016

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2006

The Texas Department of Housing and Community Affairs (TDHCA) will hold a public hearing to receive comments on the draft program year 2006 Texas Weatherization Assistance Program State Plan. Texas will receive an allocation of $6,765,294 for program year 2006. The allocation is provided to the state by the U.S. Department of Energy (DOE).

The public hearing will be held at 2:00 p.m. on Tuesday, February 7, 2006 in Room #116, State Insurance Building Annex, 221 East 11th Street, Austin, Texas. (The State Insurance Building Annex is situated directly across the street from the Capitol Visitor's Center, on the southeast corner of East 11th and San Jacinto streets.) At the hearing, a representative from TDHCA will describe changes to the Weatherization Assistance Program (WAP) and the proposed use of the United States Department of Energy funds for program year 2006, which will be for the period of April 1, 2006 to March 31, 2007.

Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the program year 2006 Texas Weatherization Assistance Program State Plan and Application. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on February 7, 2006, to Lolly Herrera, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711 or by electronic mail to Lolly.Herrera@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed Draft Plan may be obtained, after January 27, 2006, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by calling Ms. Herrera at (512) 475-0471 or by writing to Ms. Herrera at the TDHCA address given above.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this meeting should contact Lolly Herrera, (512) 475-0471 at least three days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200600041

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 4, 2006

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

Application for admission to Texas of NETWORK ADMINISTRATORS INSURANCE AGENCY, INC. (using the assumed name of GSA INSURANCE AGENCY CO.), a foreign third party administrator. The home office is PORT JEFFERSON, NEW YORK.

Application for admission to Texas of HEALTH NETWORK AMERICA, INC. (using the assumed name of HNA/TRIVERIS, INC.), 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-200600036

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 4, 2006

1.0. Name and Style of Game.

A. The name of Instant Game Number 644 is "AMAZING 8'S." The play style is "key number match."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 644 shall be $5.00 per ticket.

1.2. Definitions in Instant Game Number 644.

A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $5.00, $8.00, $10.00, $20.00, $40.00, $80.00, $400, $1,000, $5,000, $50,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, 01, 02, 03, 04, 05, 06, 07, 08, 09 and 10.

D. Play Symbol Caption--The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

1.0. Name and Style of Game.

A. The name of Instant Game Number 645 is "CASH TO BOOT." The play style is "key number match with auto win."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 645 shall be $2.00 per ticket.

1.2. Definitions in Instant Game Number 645.

A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, BOOT SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $25.00, $50.00, $250, $2,500 and $25,000.

D. Play Symbol Caption--The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

The Panhandle Regional Planning Commission (PRPC) is soliciting bids to purchase rack mount server hardware, software and related equipment. A copy of the Invitation for Bids can be obtained by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator at (806) 372-3381 or lhardin@prpc.cog.tx.us. Proposals must be received at PRPC by 3:00 p.m. on January 20, 2006.

TRD-200600011

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: January 3, 2006

The Panhandle Regional Planning Commission (PRPC) is soliciting bids for a contract to provide Broadband Internet service to the Panhandle region's Texas Workforce Centers. The Texas Workforce Center facilities require Broadband Internet presence with static IP only (excluding email service and telephony) in as many of the following eight locations as possible:

* Guaranteed speed no less than 2.5Mbps both up and down for the following:

1) Amarillo, 1206 W. 7th, 79101

2) Amarillo, 905 S. Fillmore, Suite 610, 79101

3) Borger, 901 Opal, Room 102, 79007

4) Hereford, 121 W. Park Ave., 79045

* Guaranteed speed no less than 1Mbps both up and down for the following:

5) Childress, 210 Commerce Street, 79201

6) Dumas, 500 East 1st, 79029

7) Pampa, NBC Plaza, 1224 N. Hobart, Suite 101, 79065

8) Tulia, 310 W. Broadway Ave., 79088

A copy of the Invitation for Bids can be obtained by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator at (806) 372-3381 or lhardin@prpc.cog.tx.us. Bids must be received at PRPC by 3:00 p.m. on January 20, 2006.

TRD-200600012

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: January 3, 2006

The Panhandle Regional Planning Commission (PRPC) is requesting proposals for a contract to provide network/telephone drop installation and verification service to the Panhandle region's Texas Workforce Centers. A copy of the Request for Proposals can be obtained by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator at (806) 372-3381 or lhardin@prpc.cog.tx.us. Proposals must be received at PRPC by 3:00 p.m. on January 20, 2006.

TRD-200600009

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: January 3, 2006

The Public Utility Commission of Texas received an application on December 28, 2005, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of FEC Communications, LLP for a State-Issued Certificate of Franchise Authority, Project Number 32222 before the Public Utility Commission of Texas.

Applicant intends to provide cable service. The requested CFA service includes the following counties: Collin, Hunt, Kaufman, and Rockwall.

Information on the application may be obtained by contacting 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32222.

TRD-200600019

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2006

On December 15, 2005, Tenaska Power Services Company d/b/a TPS III (TPS) filed a petition to obtain a declaratory order interpreting P.U.C. Substantive Rule §25.43(n), which provides for the transition of customers to service provided by the provider of last resort (POLR), as well as associated rules as they affect the transition to POLR service.

TPS explained that one central issue involves a POLR's ability to obtain proprietary customer information, particularly historical usage, for customers that will be switched to the POLR but where the switch has not occurred and the POLR is not yet the retail electric provider (REP) of record. TRS reported that concerns have arisen about potential legal restrictions created by P.U.C. Substantive Rule §25.472 (hereinafter "Privacy Rules"), which some market participants believe may prohibit transmitting customer data to POLRs in any manner other than an electronic Texas SET transaction initiated by the POLR submitting an electronic switch request to the Electric Reliability Council of Texas (ERCOT). TPS has asked the Commission to clarify that P.U.C. Substantive Rule §25.43(n), coupled with P.U.C. Substantive Rules §25.272(b)(5) and §25.272(g)(l)(D), collectively remove the "Privacy of Customer Information" restrictions on disclosure of proprietary customer information otherwise required under the Privacy Rules by any party to the POLR.

TPS also asked the Commission to clarify that ERCOT, in establishing procedures for switching a customer to POLR service, lacks authority to compel a POLR to provide retail electrical service in a manner not authorized by or contrary to its Commission-approved terms of service agreement (TOSA). In particular, TPS requested the Commission to make clear that a POLR cannot be compelled to serve customers in customer classes other than those for which the POLR has been authorized by the Commission to provide service. Further, TPS raised concerns regarding its ability to require a customer to secure service by providing a cash deposit based on historic usage data, as is allowed under its Commission-approved TOSA, when the historic usage data is not timely provided.

TPS requested that the Commission issue an Order declaring that P.U.C. Substantive Rules §§25.43(n), 25.272(b)(5) and 25.272(g)(l)(D) allow REPs, ERCOT, and TDSPs working to transition a customer to POLR service to release to the POLR all relevant proprietary customer information, including historic customer usage data, from the time a POLR receives notice that it will be required to serve the customer, and further, that a POLR will not be compelled by ERCOT to deviate from its TOSA to serve customers not eligible for service under that TOSA, or held in violation of Commission rules, or ERCOT Protocols or Retail Market Guides for failure to deviate from its TOSA.

Persons wishing to comment or intervene in this proceeding should contact the Public Utility Commission of Texas. The commission's address is P.O. Box 13326, Austin, Texas 78711-3326. Commission phone numbers are (512) 936-7120 or toll-free 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 Project Number 32174.

TRD-200506131

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 21, 2005, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of Absolute Electric, Incorporated, doing business as Absolute Power I (API) for Retail Electric Provider (REP) certification, Docket Number 32199 before the Public Utility Commission of Texas.

Applicant's requested service area by geography comprises the entire state of Texas.

Persons wishing 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 January 20, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32199.

TRD-200506135

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2005

On December 22, 2005, Cox Texas Telcom filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60685. Applicant intends to reflect a change in ownership/control.

The Application: Application of Cox Texas Telcom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 32207.

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 January 18, 2006. 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 32207.

TRD-200506136

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2005

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on December 22, 2005, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101 and §66.017 (Vernon 1998 & Supp. 2005) (PURA).

Docket Style and Number: Joint Application of Cap Rock Energy Corporation and Cap Rock Holding Corporation Regarding Acquisition of Stock, Docket Number 32185.

The Application: On December 22, 2005, Cap Rock Energy Corporation (Cap Rock) and Cap Rock Holding Corporation (CRH) (collectively, Applicants) filed a joint application for approval of the acquisition by CRH of 100% of the issued and outstanding common stock of Cap Rock pursuant to the terms of the Agreement and Plan of Share Exchange (Agreement) dated November 4, 2005.

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 32185.

TRD-200600021

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 21, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Exigo Office, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 32191 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company, Verizon Communications and Sprint.

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 January 18, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32191.

TRD-200506134

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 28, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of YMax Communications Corp. for a Service Provider Certificate of Operating Authority, Docket Number 32224 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, long distance service and VOIP services.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

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 January 16, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32224.

TRD-200600022

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 22, 2005 for waiver from the requirements in P.U.C. Substantive Rule §26.54(b)(3) and §26.54(b)(4)(C). A summary of the application follows.

Docket Title and Number: Application of Southwest Texas Telephone Company for an Extension of Waiver from Requirements in P.U.C. Substantive Rule §26.54(b)(3) and §26.54(b)(4)(C); Docket Number 32206.

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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32206.

TRD-200506132

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2005

Notice is given to the public of the filing on December 22, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or about January 11, 2006.

Docket Title and Number: Application of Kerrville Telephone Company for Approval of Long Run Incremental Cost Study for Three-Way Conference/Transfer Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 32211.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the Long Run Incremental Cost Study referencing Docket Number 32211. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 32211.

TRD-200600020

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2006