TITLE in-addition

Texas State Affordable Housing Corporation

Notice of Public Hearing

Notice is hereby given of a public hearing to be held by the Texas State Affordable Housing Corporation (the "Issuer") at 12:00 p.m. on February 25, 2002 in Room E1.028, Capitol Extension Complex, 1400 North Congress, Austin, Texas, on the proposed issuance by the Issuer of one or more series of revenue bonds (the "Bonds") to provide financing for the acquisition of single family mortgages in the State of Texas, pursuant to its teachers home loan program (the "Project"). The maximum aggregate face amount of the Bonds to be issued with respect to the Project is $25,000,000. All interested persons are invited to attend the public hearing to express orally, or in writing, their views on the Project and the issuance of the Bonds. The Bonds shall not constitute or create an indebtedness, general or specific, or liability of the State of Texas, or any political subdivision thereof. The Bonds shall never constitute or create a charge against the credit or taxing power of the State of Texas, or any political subdivision thereof. Neither the State of Texas, nor any political subdivision thereof shall in any manner be liable for the payment of the principal of or interest on the Bonds or for the performance of any agreement or pledge of any kind which may be undertaken by the Issuer and no breach by the Issuer of any agreements will create any obligation upon the State of Texas, or any political subdivision thereof. Further information with respect to the proposed Bonds will be available at the hearing or upon written request prior thereto addressed to David Long at the Texas State Affordable Housing Corporation, 1715 W. 35th Street, Austin, Texas 78703; 1-888-638-3555 ext. 402.

Individuals who require auxiliary aids in order to attend this meeting should contact Connie Hollins, ADA Responsible Employee, at 1-888-638-3555, ext. 400 through Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided at this meeting should contact Connie Hollins at 1-888-638-3555, ext. 400, at least five days before the meeting so that appropriate arrangements can be made.

Individuals may transmit written testimony or comments regarding the subject matter of this public hearing to David Long at dlong@tsahc.org.

TRD-200200579

David Long

Vice President

Texas State Affordable Housing Corporation

Filed: January 30, 2002


Alamo Area Council of Governments

Request for Proposals for Installation, Maintenance and Data Quality Assurance for Air Quality Monitors in the San Antonio Metropolitan Statistical Area

Requests for Proposals (RFP) are issued under the authority of the Government Code, Chapter 2254, Subchapter B, that delineates the statutory requirements governing invitations for proposals and request for offers by state agencies.

The Alamo Area Council of Governments (AACOG) is requesting proposals from qualified companies/organizations to install, maintain the operation of, and perform specified quality assurance/quality check procedures to assure data quality from air quality monitoring equipment. The air quality parameters to be measured include ozone concentrations and meteorological parameters (e.g., wind velocity). The air quality equipment will be located within the San Antonio Metropolitan Statistical Area (Bexar, Comal, Guadalupe and Wilson Counties) of south central Texas. Cost not to exceed $170,000.

This announcement of the RFP will be posted in the Texas Register on February 8, 2002. We request that responses to the RFP be prepared as soon as possible and sent to the main offices of AACOG (see address below). Proposals received after 2:00 p.m. CST, February 22, 2002 will not be considered. Each proposal will include three hardcopies of all submitted materials and one digital (CD-ROM or 3.5 inch DS/HD computer diskette) copy of all submitted materials.

Because of the issuance of the RFP is part of a process that may result in award of contracts, contacts with AACOG concerning this matter, including all proposals, are to be in writing and directed to the AACOG Executive Director:

Al J. Notzon, III, Executive Director

Re: Air Quality Monitoring Proposal

Mailing Address: Alamo Area Council of Governments

8700 Tesoro Drive, Suite 700

San Antonio, Texas 78217

Telephone: (210) 362-5200

Fax: (210) 225-5937

Proposals/offers should be sent through the mail or hand delivered. Telefax and e-mail proposals/offers will not be accepted, so contractors should consider mailing/delivery times in order to assure that proposals/offers are received on time. Two bidders will be selected and will be required to present their proposals at the main offices of AACOG. Presentations should be 15 minutes in length, including recommendations for successful completion of this project.

The complete Request for Proposal is available by contacting the Alamo Area Council of Government through the AACOG Executive Director. In addition, the complete RFP is available on the Internet through the AACOG website, at http://www.aacog.com, under the RFP hotlink.

TRD-200200582

Al J. Notzon, III

Executive Director

Alamo Area Council of Governments

Filed: January 30, 2002


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/04/02 - 02/10/02 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/04/02 - 02/10/02 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 3 for the period of 02/01/02 - 02/28/02 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 02/01/02 - 02/28/02 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

3 For variable rate commercial transactions only.

TRD-200200538

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 29, 2002


Texas Department of Criminal Justice

Notice to Bidders

The Texas Department of Criminal Justice invites bids for the replacement of concrete around the recreation yards at the J & H buildings at the Woodman State Jail Facility, 1210 Coryell Road, Gatesville, Texas. The project includes cutting, removal and replacement of the existing slab around the existing fencing of the J & H recreation yards. Contractor shall remove concrete from around each fence post below grade of the existing slab. All work will be coordinated with the Warden and/or his representative. The work includes disciplines as further shown in the Contract Documents prepared by: Robert Blackmer, R.A. - TDCJ Facilities Acquisition In-House Design Group - Huntsville, Texas.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of two (2) consecutive years of experience in the replacement and/or installation of the specified concrete work and provide references for at least two projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5% of the greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the TDCJ Contracts and Procurement Department at a cost of $25.00 ($Twenty-Five dollars, non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Texas Department of Criminal Justice: Texas Department of Criminal Justice, Contracts and Procurement Department, Two Financial Plaza, Suite 525, Huntsville, Texas 77340, Attn: Daniel Madison, Phone: (936) 437-7125, Fax: (936) 437-7009

A Pre-Bid conference will be held at 10:00 AM on February 12, 2002 at the Woodman State Jail, 1210 Coryell Road; Gatesville, Texas followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00 PM on March 5, 2002 , in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200200384

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 25, 2002


Notice to Bidders

The Texas Department of Criminal Justice invites bids for construction of additional security and fencing at the Wynne Unit located in Huntsville, Texas. The project consists of the replacement of existing perimeter fencing, construction of a new truck sally port, rerouting of perimeter roads, construction of a new Radio Picket and construction of a new Front Gate-House at the Unit. The work includes site work, concrete, masonry, metals, wood & plastics, and other specifications as further shown in the Contract Documents prepared by Edwards & Kelcey.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five (5) consecutive years of experience as a General Contractor and provide references for at least three (3) projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

C. Contractors are required to submit a HUB Subcontracting Plan as detailed in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result in the bid being rejected from further consideration.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $75.00 ([Seventy-five dollars], non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer: Edwards and Kelcey, 654 N. Sam Houston Parkway East, Suite 144, Houston, Texas 77060, Phone: 281-931-9920, Fax: 281-931-8029

A Pre-Bid conference will be held at 10:00 AM on February 13, 2002 at the Wynne Unit, Huntsville, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00 PM on February 28, 2002, in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200200385

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 25, 2002


Notice to Bidders

The Texas Department of Criminal Justice invites bids for the complete removal of existing roof systems including gypsum board, insulation, base flashing, metal flashing and present roof membrane. The installation of new insulation, SBS Modified roof system membrane with specified surfacing, base flashing, metal flashing and counter flashing as specified. This project consists of several areas with approximately 231,783 square feet of total roof replacement for eleven buildings and one picket located at the Michael Unit, Tennessee Colony, Texas. The project consists of new construction of each roof as further shown in the Contract Documents prepared by Vidaud & Associates, Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

Contractor must have a minimum of (5) years consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

Contractor must be bondable and insurable at the levels required.

Contractors are required to submit a HUB Subcontracting Plan as detailed in Exhibit I. Failure to submit a completed HUB Subcontracting Plan will result in the bid being rejected from further consideration.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $50.00([$ Fifty Dollars], non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer: Vidaud & Associates Inc., 13649 Montford Drive, Suite 200, Dallas, Texas 75240, Attn: Robert Shaw, P.E., Phone: 972-934-8888, Fax: 972-458-2323

A Pre-Bid conference will be held at 10:00 am on 12 February 2002 at the Michael Unit, Tennessee Colony, Texas, followed by a site-visit. ONLY ONE SCHEDULED SITE VISIT WILL BE HELD FOR REASONS OF SECURITY AND PUBLIC SAFETY; THEREFORE, BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

Bids will be publicly opened and read at 2:00 p.m. on 26 February 2002, in the Contracts and Procurement Conference Room located in the West Hill Mall, Suite 525, Two Financial Plaza, Huntsville, Texas.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200200386

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 25, 2002


Texas Council for Developmental Disabilities

Intent to Award Funds

The Texas Council for Developmental Disabilities announces its intention to award funds to the Texas Health and Human Services Commission to support statewide permanency planning efforts. This funding will enhance implementation of interagency efforts to provide statewide, comprehensive, cross-disability training and technical assistance to multi-agency providers, inspectors and monitors in an effort to provide opportunities for children with disabilities to live with families rather than in institutional settings.

BACKGROUND. Senate Bill 368 (77th Legislature (R)) established a framework for providing opportunities for children with disabilities to move from institutional settings to live with families throughout Texas. HHSC and the Texas Department of Mental Health and Mental Retardation, Texas Department of Human Services, and Texas Department of Protective and Regulatory Services have developed collaborative plans to address requirements of SB 368. TCDD funds will enhance those interagency efforts by supporting comprehensive training and technical assistance for providers, agency inspectors and surveyors during the current biennium. TCDD approved funding for this project at its quarterly Council meeting November 3, 2001.

TERMS AND FUNDING. Funding for this project will begin February 8, 2002, and conclude December 31, 2003. Funds will be awarded in two consecutive grant awards with total funding not to exceed $280,000 during the project period.

For information on any aspect of this announcement, contact: Patrice LeBlanc, Grants Specialist, Texas Council for Developmental Disabilities, 4900 North Lamar Blvd., Austin, TX 78751-2399, (512) 424-4951.

TRD-200200523

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: January 28, 2002


Education Service Center, Region XVI

Official Notice for Election of Places 4 and 5 on the Board of Directors

Persons interested in filing for positions on the Board of Directors of Region 16 Education Service Center, an organization that provides educational services to 64 school districts in the north 26 counties of the Texas Panhandle, may do so at the office of the Executive Director (5800 Bell Street, Amarillo, Texas) during regular office hours (8 a.m. to 5 p.m.) Monday through Friday, beginning Friday, February 1, 2002. Deadline for filing is Wednesday, February 20, 2002, at 5 p.m.

Interested persons may file in person or, upon request, may receive a filing form by mail with the return by certified mail postmarked no later than 5 p.m., February 20, 2002. Phone: (806) 376-5521, Ext. 272; Mailing address: P. O. Box 30600, Amarillo, TX 79120.

The Board of Directors shall be elected by place. The following places (by counties) that are up for election are described as follows:

Place 4: Counties of Hansford, Hemphill, Hutchinson, Lipscomb, Ochiltree, and Roberts

Place 5: That part of Potter and Randall Counties included in the boundaries of the Amarillo Independent School District

To hold the office of an Education Service Center Board of Director, one must:

• Be a United States of America citizen;

• Be at least 18 years of age;

• Be a resident of the region served and of the geographic area included in the place designated outlined above;

To hold the office of Board member, one may not:

• Be engaged professionally in education;

• Be a member of a board of any educational agency or institution.

Should there be an uncontested election, the Region 16 ESC Board has determined that no election will be held.

TRD-200200346

Dr. Darrell L. Garrison

Executive Director

Education Service Center, Region XVI

Filed: January 24, 2002


Texas Department of Health

Notice of Agreed Order on CYVON Imaging, Inc., dba Community Diagnostics

On January 9, 2002, the director of the Bureau of Radiation Control (bureau), Texas Department of Health, approved the settlement agreement between the bureau and CYVON Imaging, Inc., doing business as Community Diagnostics (registrant-M00702) of Dallas. A total administrative penalty in the amount of $2,000 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available for public inspection Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Contact Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting the Exchange Building, 8407 Wall Street, Austin, Texas.

TRD-200200535

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 29, 2002


Notice of Emergency Cease and Desist Order on Victor M. Gonzalez, M.D., P.A.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Victor M. Gonzalez, M.D., P.A. (registrant-R25643) of Brownsville to cease and desist performing Lumbo-Sacral Spine (AP) and Chest (PA) (Grid) x-ray procedures with the Acoma x-ray unit (Model Number Futuris 2001; Serial Number 2388) until the exposure at skin entrance is within regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image would constitute an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau authorizes the registrant to perform the procedure.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, 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-200200533

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 29, 2002


Notice of Emergency Order on Everest Exploration, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Everest Exploration, Inc. (licensee-L03626) of Corpus Christi to immediately complete decontamination and decommissioning of the uranium processing facilities located at its Hobson, Mt. Lucas, and Tex-1 sites. The bureau determined that failure to timely and adequately decommission these facilities constitutes an emergency that requires immediate action to protect the public health and safety and the environment.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, 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-200200534

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 29, 2002


Notice of Request for Proposals for an Agency to Provide Client Services for the Texas Special Supplemental Nutrition Program for Women, Infants, and Children

INTRODUCTION

The Texas Department of Health (department), Texas Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program, announces a Request for Proposals (RFP) for services to be performed during a five-month period beginning May 1 of federal fiscal year 2002, continuing through the remainder of federal fiscal year 2002, ending September 30, 2002. The grant is being funded by the Texas WIC Program and administered by the Bureau of Nutrition Services. The RFP will be released on February 15, 2002.

GENERAL PURPOSE AND PROGRAM GOALS

The purpose of the funding is to continue to provide WIC services of supplemental foods, nutrition education and referrals to other health and human services to residents of Gregg County, with a focus on groups most likely to be in need of these services. Participants include eligible pregnant women, postpartum, breastfeeding women, infants and children up to five years of age. The Program shall serve as an adjunct to good health care during critical times of growth and development, in order to prevent the occurrence of health problems, including drug and other harmful substance abuse, and to improve the health status of these persons.

ELIGIBLE APPLICANTS

Eligible applicants include public or private nonprofit health or human service agencies serving Gregg County.

AVAILABILITY OF FUNDS

A total of approximately $206,200 will be available to fund one local agency. The funds were appropriated through the Texas Special Supplemental Nutrition Program for Women, Infants, and Children.

PROJECT AND BUDGET PERIOD

The contact will be funded for five months beginning May 1, 2002, and ending September 30, 2002.

REVIEW AND AWARD CRITERIA

Each application will first be screened for completeness and timelines. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers will review the proposals. The proposals will be evaluated using the criteria described in the RFP.

DEADLINE

Proposals prepared according to instructions in the RFP package must be received by the department by 5:00 p.m., Central Standard Time, on or before April 1, 2002.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

To request a copy of the RFP, contact Joe Serrano, Acting Manager, Contract Management Section, Provider Relations Division, Bureau of Nutrition Services, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, E-mail address joe.serrano@tdh.state.tx.us, or fax (512) 458-7521. These documents can also be downloaded from the WIC website located at: http://www.tdh.state.tx.us/wichd/greggco.htm.

TRD-200200543

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 29, 2002


Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: Loving Denson Clinic, Houston, R08168, January 17, 2002; Foot Specialists at First Colony, Sugar Land, R17361, January 17, 2002; Nance Chiropractic, El Paso, R17939, January 17, 2002; Houston Polyclinic, Houston, R23771, January 17, 2002; Saint Mary's Clinic LP, Eagle Pass, R23862, January 17, 2002; Med-Fit Medical Partners, P.A., Arlington, R25258, January 17, 2002; Apogee Health and Chiropractic, Lewisville, R25347, January 17, 2002.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, 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-200200532

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 29, 2002


Notice of Revocation of Radioactive Material Licenses

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following radioactive material licenses: Idexx Veterinary Services, Farmers Branch, G01530, January 17, 2002; Gulf Coast Lead Check, Corpus Christi, G02060, January 17, 2002; Petra Technologies, Incorporated, Houston, L05233, January 17, 2002; Advanced NDT Services, Incorporated, Pasadena, L05297, January 17, 2002.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, 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-200200531

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 29, 2002


Texas Health and Human Services Commission

Notice of Proposed Consulting Contract

Pursuant to Section 2254.029, Government Code, the Health and Human Services Commission (HHSC) announces its intent to amend a contract to obtain consulting services. The Texas Department of Health (TDH) awarded a contract to GovConnect, Incorporated, for independent validation and verification services related to the implementation of the state's Medicaid Management Information System, known as Compass21. The contract was assigned to HHSC pursuant to a transfer of operational authority for certain portions of the Medicaid program, including implementation of Compass21.

HHSC proposes to obtain consulting services associated with the performance of remediation and stabilization activities for Compass21. HHSC expects such services to commence no later than February 27, 2002. This announcement is intended to provide potential Offerors notice of HHSC's interest in obtaining such assistance. HHSC requires the requested remediation and stabilization activities. HHSC intends to execute an amendment to its contract with GovConnect unless HHSC receives a better offer for the desired services.

A Scope of Work statement is available for review by interested potential consultants. Parties interested in reviewing the Scope of Work or submitting a competing offer should contact Cindy Peck, Information Resources Management Director, Health and Human Services Commission, 4900 North Lamar Blvd., 4th Floor, Austin, Texas 78751, telephone number: (512) 424-6516.

To be considered, all competing offers must be received at the foregoing address in the issuing office on or before 1:00 p.m. Central Standard Time on February 27, 2002. Offers received after this time and date will not be considered. All Questions regarding this notice must be sent in writing to Ms. Peck before 1:00 p.m. Central Standard Time on February 20, 2002.

TRD-200200488

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 25, 2002


Department of Information Resources

Notice of Request for Proposals

In compliance with the provisions of Chapter 2156, Subchapter C, Texas Government Code, the Department of Information Resources (DIR) announces this Request for Proposals (RFP #17796) for provision of Legal Services for Intellectual Property Law Matters.

Eligible Proposers. DIR is requesting proposals from qualified law firms and individual attorneys. Historically underutilized businesses (HUBs) are encouraged to submit a proposal.

Description. DIR seeks full service legal representation in the area of Intellectual Property Law. Services may include providing research and advice regarding all aspects of existing and proposed Intellectual Property assets, representing DIR's interests before administrative bodies such as the US Trademark Office, with the consent of the Office of the Attorney General and DIR, filing appropriate actions against alleged infringers, and negotiating appropriate contract language to protect DIR's Intellectual Property interests. DIR has been authorized by the Office of the Attorney General to issue this RFP to seek legal representation in the area of Intellectual Property law. The Attorney General must approve DIR's selection.

Dates of Project. All services related to this proposal will be conducted within specified dates. The contract should commence on or about April 1, 2002, and end March 31, 2003. There is a single one-year extension option in the contract. The Attorney General must approve any contract extension.

Project Amount. One contractor will be selected to receive a contract valued at an annual not-to-exceed amount of $60,000.

Selection Criteria. The selected contractor shall have the highest scoring proposal from among responsive proposals submitted, based on qualifications, experience and reputation of the firm to provide the services described in the RFP, the experience and qualifications of the attorneys, staff and others proposed to perform the work, satisfactory client references and overall price and value of the proposal. DIR reserves the right to conduct interviews with up to the top three scoring firms, at its discretion. If conducted, the interviews will be scored. DIR is not obligated to execute a contract, provide funds or endorse any proposal submitted in response to the RFP. DIR reserves the right to amend, withdraw or cancel this RFP at any time. DIR shall not be responsible for any costs incurred by proposers in developing responses to this RFP. The issuance of this RFP does not obligate DIR to award a contract.

Requesting the Proposal. A complete copy of the RFP # 17796 may be obtained by writing: Bill Miller, Support Services Manager, Department of Information Resources, Garage R, 1706 San Jacinto Blvd., Austin, TX 78701, by faxing (512) 463-8234, or by calling (512) 463-3358. As of February 8, 2002, the RFP has been posted in its entirety on the Texas Marketplace .

Further Information. For clarifying information about the RFP, contact Renee Mauzy, General Counsel, Department of Information Resources, (512) 475-4750.

Deadline for Receipt of Proposals. Proposals must be received in Support Services Division Office at 1706 San Jacinto Blvd., Garage R, DIR by 4:00 PM (CST), Friday, March 8, 2002, to be considered. Proposers are responsible for the timely delivery of proposals. The clock in Garage R is the official clock for determining timeliness of proposals.

TRD-200200475

Renee Mauzy

General Counsel

Department of Information Resources

Filed: January 25, 2002


Texas Department of Insurance

Company Licensing

Application for incorporation to the State of Texas by COMPENDIUM LIFE INSURANCE COMPANY, INC., a Life, Accident and/or Health company. The home office is in Dallas, Texas.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200200580

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 30, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by GuideOne Lloyds Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +5 for Uninsured/Underinsured Motorists Bodily Injury/Property Damage, +20 for Physical Damage, +25 for Medical and Personal Injury Protection, +30 for Rental Reimbursement, Towing/Labor, and All Other Coverages, +45 for Collision, and +55 for Bodily Injury and Comprehensive coverages, under all classes and territories. This overall rate change is +4.6%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 25, 2002.

TRD-200200521

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 28, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by GuideOne Mutual Insurance proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +5 for Uninsured/Underinsured Motorists, +20 for Physical Damage, +25 for Medical and Personal Injury Protection, +30 for Rental Reimbursement, Towing/Labor, and All Other Coverages, +45 for Collision, and +55 for Bodily Injury and Comprehensive coverages, under all classes and territories. This overall rate change is +6.3%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 25, 2002.

TRD-200200522

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 28, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Great West Casualty Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +36 for Bodily Injury, Property Damage, Medical Payments, Personal Injury Protection, Uninsured Motorists, and Underinsured Motorists and +43 for Special Causes of Loss, Comprehensive and Collision coverages under all classes and territories. This overall rate change is +10.7%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 28, 2002.

TRD-200200577

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 30, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Northwestern Pacific Indemnity Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +30 for Uninsured/Underinsured Motorists and +40 for Personal Injury Protection, Bodily Injury, Property Damage, Medical Payments, Comprehensive, and Collision coverages under all classes and territories. This overall rate change is +4.5%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 28, 2002.

TRD-200200578

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 30, 2002


Notice of Application by a Small Employer Carrier to Change to Risk-Assuming Carrier for Good Cause

Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Articles 26.51 and 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System or is approved for good cause to change its status to risk-assuming. The following small employer carrier has applied to change its status to a risk-assuming carrier for good cause:

Guarantee Trust Life Insurance Company.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal & Compliance Division- Jimmy G. Atkins, 333 Guadalupe, Hobby Tower 1, 9th Floor, Austin, Texas.

If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Lynda H. Nesenholtz, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to change status to a risk-assuming carrier.

TRD-200200537

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 29, 2002


Manufactured Housing Division

Notice of Administrative Hearing

Wednesday, February 20, 2002, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Texas Shamrock Homes, Inc. to hear alleged violations of §§4(d), 14(f) and 14(j) of the Texas Manufactured Housing Standards Act and §§80.54(a), 80.131(b) and 80.132(3) of the Texas Manufactured Housing Administrative Rules regarding not properly installing a manufactured home and not responding with corrective action in a timely manner. SOAH 332-02-1488. Department MHD2001001568-IV, MHD2001001943-IV.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200200573

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: January 30, 2002


Texas Department of Mental Health and Mental Retardation

Notice of Public Hearing

The Texas Department of Mental Health and Mental Retardation (TDMHMR) has drafted updates to the Report on State Mental Retardation Facilities (State Schools) and to the Report on State Mental Health Facilities (State Hospitals) for distribution with the agency's strategic plan for 2003 - 2007. These reports were originally developed during the planning process for the agency's strategic plan for 2001 - 2005. The draft reports are available for download at: http://www.mhmr.state.tx.us/CentralOffice/ProgramStatisticsPlanning/LongRang ePlan.html

To request a draft update of the Report on State Mental Retardation Facilities, contact Ross McDonald at (512) 206-4661. For a draft update of the Report on State Mental Health Facilities, contact James L. Smith at (512) 206-5191.

In accordance with the Texas Health and Safety Code §533.032 (d), the reports are required to:

(a) project future bed requirements for state schools and state hospitals;

(b) document the methodology used to develop projections of future bed requirements;

(c) project maintenance costs for institutional facilities;

(d) recommend strategies to maximize the use of institutional facilities;

(e) specify how each state school and hospital will:

(1) serve and support the communities and consumers in its service area; and

(2) fulfill statewide needs for specialized services.

As the reports are updated, the Department will consider:

(a) the medical needs of the most medically fragile of its consumers;

(b) the provision of services to consumers with severe and profound mental retardation who are medically fragile or have behavioral problems;

(c) the program and services preference information collected; and

(d) input solicited from consumers of services of state schools and state hospitals.

In fulfillment of the requirements of the statute, the Department has scheduled the second of two public hearings on March 4, 2002, in the Auditorium (Building 2) of the Texas Department of Mental Health and Mental Retardation, 909 West 45th St., Austin, Texas. (The first public hearing was held October 30, 2001.) The morning session, scheduled to begin at 9:00 a.m., will receive comments on state school planning issues. The afternoon session, scheduled to begin at 1:30 p.m., will receive comments on state hospital planning issues. Each speaker will be limited to 5 minutes for oral presentation.

Comments can also be submitted in writing to:

Sue Lummus, Director

Program Statistics and Planning

Texas Department of Mental Health and Mental Retardation

P.O. Box 12668

Austin, Texas 78711-2668.

Written comments must be received by 5:00 p.m. March 4, 2002, for consideration. Person's requiring an interpreter for the deaf or hearing impaired should contact the department's Central Office operator at least 72 hours prior to the hearing at TDD (512) 206-5330. Persons requiring other accommodations for a disability should notify Ross McDonald, at least 72 hours prior to the hearing, at (512) 206-4661 or at the TDY phone number of Texas Relay, 1/800-735-2988.

TRD-200200575

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: January 30, 2002


Texas Natural Resource Conservation Commission

Enforcement Orders, Week Ending January 30, 2002

An agreed order was entered regarding NL INDUSTRIES, INC. & MAINLAND LAND & EQUIPMENT CO., Docket No. 1997-0214-IHW-E on January 22, 2002 assessing $15,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BOOKER HARRISON, Staff Attorney at (512)239-4113, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UNION TANK CAR COMPANY, Docket No. 1999- 0916-AIR-E on January 22, 2002 assessing $17,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAMES BIGGINS, Staff Attorney at (210)403-4017, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding C. C. SOUTHERN, INCORPORATED, Docket No. 2000-0103-PST-E on January 22, 2002 assessing $20,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (512)239-6939, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding ROCKY LINDSEY DBA LINDSEY'S SEPTIC SYSTEM SAND & GRAVEL, Docket No. 2000-0740-OSI-E on January 22, 2002 assessing $1,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURENCIA FASOYIRO, Staff Attorney at (713)422-8914, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FRED PALACIOS DBA FRED'S GAS DEPOT, Docket No. 1999-0895-PST-E on January 24, 2002 assessing $9,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REBECCA PETTY, Staff Attorney at (512)239-3693, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding REPUBLIC WASTE SERVICES OF TEXAS, LLC DBA BRAZORIA COUNTY RECYCLING CENTER, Docket No. 2000-0481-MSW-E on January 22, 2002 assessing $5,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JAMES BIGGINS, Staff Attorney at (210)403-4017, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIXIE CHEMICAL COMPANY, INC., Docket No. 2001-0435-IHW-E on January 22, 2002 assessing $55,000 in administrative penalties with $11,000 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE SHERMAN, Enforcement Coordinator at (713)767-3624*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KORAL INDUSTRIES INCORPORATED, Docket No. 2001-0795-AIR-E on January 22, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting WENDY COOPER, Enforcement Coordinator at (817)588-5867*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LAREDO PAVING, INC., Docket No. 2001-0364- AIR-E on January 22, 2002 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting MALCOLM FERRIS, Enforcement Coordinator at (210)403-4061*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MITCHELL GAS SERVICES, L.P., Docket No. 2001-0444-AIR-E on January 22, 2002 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting A. SUNDAY UDOETOK, Enforcement Coordinator at (512)239-0739, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GARDNER GLASS PRODUCTS, INC., Docket No. 2001-0542-AIR-E on January 22, 2002 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA JOHNSON, Enforcement Coordinator at (713)767-8931, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CONTIBEEF LLC DBA HARTLEY FEEDERS, Docket No. 2001-1137-AGR-E on January 22, 2002 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting JOSEPH DALEY, Enforcement Coordinator at (512)239-3308*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RELIANT ENERGY, INCORPORATED, Docket No. 2001-0462-AIR-E on January 22, 2002 assessing $1,950 in administrative penalties with $390 deferred.

Information concerning any aspect of this order may be obtained by contacting FAYE LIU, Enforcement Coordinator at (713)767-3726, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OXY VINYLS, L.P., Docket No. 2001-0865-AIR-E on January 22, 2002 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REBECCA JOHNSON, Enforcement Coordinator at (713)422-8931*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding STEVE WAGNER DBA WAGNER MATERIALS, Docket No. 2001-0771-AIR-E on January 22, 2002 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting THOMAS JECHA, Enforcement Coordinator at (512)239-2576*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF CARTHAGE, Docket No. 2001-0957- MSW-E on January 22, 2002 assessing $45,000 in administrative penalties with $9,000 deferred.

Information concerning any aspect of this order may be obtained by contacting STEVEN LOPEZ, Enforcement Coordinator at (512)239-1896, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PHILLIPS PETROLEUM COMPANY, Docket No. 2001-0537-AIR-E on January 22, 2002 assessing $11,250 in administrative penalties with $2,250 deferred.

Information concerning any aspect of this order may be obtained by contacting KEVIN KEYSER, Enforcement Coordinator at (713)422-8938*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ROEL STOKER DBA NED-TEX DAIRY, Docket No. 2001-0520-AGR-E on January 22, 2002 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting WENDY COOPER, Enforcement Coordinator at (817)588-5867*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding U. S. LIQUIDS OF TEXAS, INC., Docket No. 2001- 0040-AIR-E on January 22, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MICHAEL MEYER, Enforcement Coordinator at (512)239-4492*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CALDWELL/VSR, INC., Docket No. 2001-0391- AIR-E on January 22, 2002 assessing $22,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding B & B AGGREGATES, INC., Docket No. 2001- 0799-MWD-E on January 22, 2002 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting TRINA GRIECO, Enforcement Coordinator at (713)767-3607*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BASS ENTERPRISES PRODUCTION COMPANY, Docket No. 2001-0819-AIR-E on January 22, 2002 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROL MCGRATH, Enforcement Coordinator at (361)825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BONAR ACQUISITION CORPORATION, Docket No. 2001-0734-AIR-E on January 22, 2002 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PARKANS INTERNATIONAL L.L.C. DBA RECYCALYST TECHNOLOGIES CORPORATION, Docket No. 2001-0481-IHW-E on January 22, 2002 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SEACREST COMPANY, L.L.C., Docket No. 2001- 0797-AIR-E on January 22, 2002 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA JOHNSON, Enforcement Coordinator at (713)422-8931*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PRICE CONSTRUCTION, INC., Docket No. 2001- 0367-AIR-E on January 22, 2002 assessing $4,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MALCOLM FERRIS, Enforcement Coordinator at (210)403-4061*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KYLE MOTT & ZAVAL-TEX INDUSTRIAL, INC., Docket No. 2001-0890-MLM-E on January 22, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOHN SOULES FOODS INC., Docket No. 2001- 0141-MSW-E on January 22, 2002 assessing $9,075 in administrative penalties with $1,815 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE TEXAS A & M UNIVERSITY SYSTEM, Docket No. 2001-0397-IHW-E on January 22, 2002 assessing $25,000 in administrative penalties with $5,000 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF SAN BENITO, Docket No. 2001-0315- PWS-E on January 22, 2002 assessing $3,063 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOHNS MANVILLE INTERNATIONAL CORPORATION, Docket No. 2001-0684-AIR-E on January 22, 2002 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TEL CROSTON, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE GOODYEAR TIRE & RUBBER COMPANY, Docket No. 2001-0461-MLM-E on January 22, 2002 assessing $37,000 in administrative penalties with $6,900 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CARSON LOVING DBA CARSON & MARK LOVING DAIRY, Docket No. 2001-0450-AGR-E on January 22, 2002 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRA, Enforcement Coordinator at (817)588-5890*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DUKE ENERGY FIELD SERVICES, LP, Docket No. 2001-0619-AIR-E on January 22, 2002 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TEJAS GAS PIPELINE, L.P., Docket No. 2001- 0453-AIR-E on January 22, 2002 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE SHERMAN, Enforcement Coordinator at (713)767-3624, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CROWN CENTRAL PETROLEUM CORP., Docket No. 2001-0920-AIR-E on January 22, 2002 assessing $2,990 in administrative penalties with $598 deferred.

Information concerning any aspect of this order may be obtained by contacting TRINA GRIECO, Enforcement Coordinator at (713)767-3607*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding 7-ELEVEN, INC. DBA 7-ELEVEN STORE NO. 12526, Docket No. 2001-1054-PST-E on January 22, 2002 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JUDY FOX, Enforcement Coordinator at (817)588-5825*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DENNY WILLIAMS, Docket No. 2001-0458-PWS- E on January 22, 2002 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting SUZANNE WALRATH, Enforcement Coordinator at (512)239-2134*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AZTEC RENTAL PARTNERS, LLC, Docket No. 2001-0617-SLG-E on January 22, 2002 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting GARY MCDONALD, Enforcement Coordinator at (361)825-3122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LA PORTE METHANOL COMPANY, L.P., Docket No. 2001-0108-AIR-E on January 22, 2002 assessing $32,500 in administrative penalties with $6,500 deferred.

Information concerning any aspect of this order may be obtained by contacting GLORIA STANFORD, Enforcement Coordinator at (512)239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NORTON COMPANY, Docket No. 2001-0586-AIR- E on January 22, 2002 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRA, Enforcement Coordinator at (817)588-5890*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PEBBLEBROOK PET MEMORIAL, INC., Docket No. 2001-0807-AIR-E on January 22, 2002 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting KEVIN KEYSER, Enforcement Coordinator at (713)422-8938*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ANADARKO PETROLEUM CORPORATION, Docket No. 2001-0746-AIR-E on January 22, 2002 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting SUZANNE WALRATH, Enforcement Coordinator at (512)239-2134*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INTERNATIONAL AVIATION SERVICES INC DBA EAGLE, Docket No. 2001-0218-AIR-E on January 22, 2002 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting MIRIAM HALL, Enforcement Coordinator at (512)239-1044*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding C & R DISTRIBUTING, INCORPORATED, Docket No. 2001-0506-AIR-E on January 22, 2002 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SUZANNE WALRATH, Enforcement Coordinator at (512)239-2134*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MOSS BLUFF HUB PARTNERS, L.P., Docket No. 2001-0613-AIR-E on January 22, 2002 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting KEVIN KEYSER, Enforcement Coordinator at (713)422-8939, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AMERIPOL SYNPOL CORPORATION, Docket No. 2001-0504-MLM-E on January 22, 2002 assessing $18,600 in administrative penalties with $2,520 deferred.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409)899-8760*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HECTOR FLORES DBA FLORES & SON BACKHOE & TRENCHING, Docket No. 2000-1438-OSI-E on January 22, 2002 assessing $875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOHN SUMNER, Staff Attorney at (915)620-6118, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ACME BRICK COMPANY, Docket No. 1999-1174- AIR-E on January 22, 2002 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting DAVID SPEAKER, Staff Attorney at (512)239-2548, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD, Docket No. 2000-0799-IWD-E on January 22, 2002 assessing $9,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 150, Docket No. 2001-0295-MWD-E on January 22, 2002 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122*, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200200558

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 29, 2002


Notice of District Petition

Notices mailed during the period January 17, 2002 through January 29, 2001.

TNRCC Internal Control No. 11212001-D02 Champions Glen, L.P., (Petitioner) filed a petition for creation of Harris County Municipal Utility District Number 383 (District) with the Texas Natural Resource Conservation Commission (TNRCC). 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 TNRCC. 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) the petition states that there is one lienholder on the property to be included in the proposed district; (3) the proposed District will contain approximately 401.7031 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 such jurisdiction of any other city. By City of Houston, Texas, Ordinance No. 2001-1159, the City of Houston, Texas, effective December 19, 2001, passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $35,580,000. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

The TNRCC may grant a contested case hearing on these petitions 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 TNRCC 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 the petitions 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 TNRCC 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, TNRCC, 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 TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200200556

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 29, 2002


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC 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 March 18, 2002 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC 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 of the proposed AOs is available for public inspection at both the TNRCC'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 these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 18, 2002 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC 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 TNRCC in writing .

(1) COMPANY: Abilene Aero, Inc.; DOCKET NUMBER: 2001-0934-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0000111; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: charter plane service; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(i) and (5)(A)(i), and the Code, §26.3467(a), by failing to submit a underground storage tank (UST) registration and self-certification form and make available to a common carrier a valid, current TNRCC delivery certificate; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(2) COMPANY: Aggregate Plant Products Co. dba Besser Appco; DOCKET NUMBER: 2001- 0897-AIR-E; IDENTIFIER: Air Account Number BG-0249-J; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: concrete batch manufacturing; RULE VIOLATED: 30 TAC §122.121 and THSC, §382.054, by failing to obtain a Title V operating permit; and 30 TAC §116.110(a) and THSC, §382.085(b), by failing to comply with volatile organic compound emission limits for Standard Exemption 75 for surface coating; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: AGP LC dba AGP Refineries LC; DOCKET NUMBER: 2001-1225-AIR-E; IDENTIFIER: Air Account Number GI-0003-F; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: vegetable oil refinery; RULE VIOLATED: 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit the required deviation reports; and 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit annual compliance certifications; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Basell USA, Inc.; DOCKET NUMBER: 2001-0869-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1011568; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(1), §290.42(d)(1), and THSC, §341.0315(c), by failing to ensure that the total treatment process of the facility achieve at least a 99.9% inactivation or removal of Giardia lamblia cysts and 99.99% inactivation or removal of viruses; PENALTY: $938; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (512) 239-4471; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Gary Wrede and Basil Banister dba BBB Fertilizer Company; DOCKET NUMBER: 2001-0755-AIR-E; IDENTIFIER: Air Account Number CP-0236-W; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: anhydrous ammonia storage and distribution; RULE VIOLATED: 30 TAC §116.115(c) and THSC, §382.085(a) and (b), by failing to maintain anhydrous ammonia emissions; and 30 TAC §101.6(a), §116.115(c), and THSC, §382.085(b), by failing to properly report an upset condition; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Blacksher Development Corporation; DOCKET NUMBER: 2001-0744-MWD- E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13691-001 and PWS Number 1810175; LOCATION: Bridge City, Orange County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1) and (5), 309.1(b), 312.4(b)(4), 317.4(a)(5), and TPDES Permit Number 13691-001, by failing to ensure that all systems are properly operated and maintained, submit the annual sludge reports, have an alternative power source, backup generators, and/or retention capability, and meet the minimum permitted effluent limits of two milligram per liter for dissolved oxygen; and 30 TAC §290.51(a)(3), by failing to pay annual public health service fees; PENALTY: $4,800; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: City of Bryan; DOCKET NUMBER: 2001-1139-AIR-E; IDENTIFIER: Air Account Number BM-0010-I; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: electric power generation and transmission; RULE VIOLATED: 30 TAC §122.145, §122.146, and THSC, §382.085(b), by failing to submit annual Title V compliance certifications and deviation reports; PENALTY: $4,000; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: CCP, Ltd.; DOCKET NUMBER: 2000-0067-OSI-E; IDENTIFIER: Enforcement Identification Number 15640; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §285.70(b) and the Code, §26.121, by causing the unauthorized discharge of wastewater from an improperly functioning on-site sewage facility; and 30 TAC §285.32(a)(1)(D) and (G)(ii), §285.34(b) and (d) (now 30 TAC §285.32(b)(1)(D) and (E) and §285.34(e)), by failing to ensure that the pump/septic tank had an inspection and/or cleanout port and equip the holding tank with an audible and visual high water alarm; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Coastal State Crude Gathering Company; DOCKET NUMBER: 2001-1055- AIR-E; IDENTIFIER: Air Account Number BL-0315-R; LOCATION: Damon, Brazoria County, Texas; TYPE OF FACILITY: natural gas pumping station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Davis Spring Properties, Ltd.; DOCKET NUMBER: 2001-1179-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program Number 01032802A; LOCATION: Austin, Williamson County, Texas; TYPE OF FACILITY: land-clearing and excavation; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to received approval of an Edwards Aquifer water pollution abatement and sewage collection system plan; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(11) COMPANY: Duke and Long Distributing Co., Inc. dba Everyday Stores #5209; DOCKET NUMBER: 2001-1135-PWS-E; IDENTIFIER: PWS Number 2270215; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) (now 30 TAC §290.109(c)(2)) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; and 30 TAC §290.103(5) and §290.106(e)(2) (now 30 TAC §290.109(g)), by failing to provide public notice of the sampling deficiencies; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(12) COMPANY: E.I. Du Pont De Nemours and Company, Inc.; DOCKET NUMBER: 2001- 0925-MLM-E; IDENTIFIER: PWS Number 1810114 and Air Account Number OC-0007-J; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: polyethylene production; RULE VIOLATED: 30 TAC §115.114(a)(1), §116.115(c), Air Permit Number 1790, and THSC, §382.085(b), by failing to conduct an annual visual inspection on the internal floating roof; 30 TAC §117.319(c), §117.530, and THSC, §382.085(b), by failing to submit written quarterly reports; 30 TAC §290.42(d)(5) and THSC, §341.0315(c), by failing to provide flow measuring devices for the filter backwash and recycle decant water; and 30 TAC §290.46(s)(2)(A)(iii), by failing to perform daily calibrations of the on-line pH meter; PENALTY: $25,080; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: Fernando Martinez dba El Mesquintal Auto Sales; DOCKET NUMBER: 2001-1261-AIR-E; IDENTIFIER: Air Account Number DB-5304-M; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and THSC, §382.085(b), by failing to equip a catalytic converter onto a vehicle; PENALTY: $300; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2001-1107-AIR-E; IDENTIFIER: Air Account Number HG-1996-R; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit level of activity certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Fort Worth Star-Telegram; DOCKET NUMBER: 2001-1114-PST-E; IDENTIFIER: PST Facility Identification Number 0053136; LOCATION: Edgecliff, Tarrant County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct an annual pressure decay test; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: City of Georgetown; DOCKET NUMBER: 2001-0522-PWS-E; IDENTIFIER: PWS Number 2460001; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to timely secure sanitary control easements; 30 TAC §290.43(c)(8), by failing to maintain the outside surface of the clear well and ground storage tank; and 30 TAC §290.46(j), by failing to maintain customer service inspection certifications; PENALTY: $1,063; ENFORCEMENT COORDINATOR: Larry King, (512) 239-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(17) COMPANY: Goodyear Tire and Rubber Company; DOCKET NUMBER: 2001-0919-AIR- E; IDENTIFIER: Air Account Number JE-0039-N; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: rubber manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Permit Number 38755, and THSC, §382.085(b), by failing to comply with the maximum carbon monoxide emission limit of 0.50 pounds per hour; PENALTY: $6,000; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Granite Construction Company; DOCKET NUMBER: 2001-0973-PST-E; IDENTIFIER: PST Facility Identification Number 18579; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: construction company; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and the Code, §26.346(a), by failing to submit a UST registration and self-certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414- 3520, (806) 796-7092.

(19) COMPANY: Harbor Grove Water Supply Corporation; DOCKET NUMBER: 2001-1068- PWS-E; IDENTIFIER: PWS Number 0610045; LOCATION: Hickory Creek, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(i), (j), (m)(1)(B), and (n)(2), by failing to adopt an adequate plumbing ordinance, regulations or provide a service agreement with each customer, complete customer service inspection certifications, conduct annual pressure tank inspections, and prepare and maintain a map of the distribution system; 30 TAC §290.45(b)(1)(C)(i), Agreed Order Number 2000-0890-PWS-E, and THSC, §341.0315(c), by failing to provide 0.6 gallons per minute per connection well capacity; 30 TAC §290.41(c)(1)(F) and (3)(A), by failing to provide sanitary control easements and obtain and keep on file accurate information pertaining to the well; 30 TAC §291.93(3), by failing to submit a planning report; 30 TAC §290.121(a), by failing to provide a system monitoring plan; 30 TAC §290.43(c)(5), by failing to provide a sloped, watertight roof for the ground storage tank and properly locate the inlet and outlet connection; and 30 TAC §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain the residual disinfectant concentration in the distribution system; PENALTY: $2,251; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Mr. Darrell Earnest dba Hiway Grocery; DOCKET NUMBER: 2001-0978- PST-E; IDENTIFIER: PST Facility Identification Number 0044819; LOCATION: Lawn, Taylor County, Texas; TYPE OF FACILITY: retail gas station; RULE VIOLATED: 30 TAC §37.835(b)(1), by failing to meet Texas endorsement on insurance policy; 30 TAC §334.8(c)(4)(A)(i) and (5)(A)(i), by failing to complete and submit a UST registration and self- certification form and make available to a common carrier a valid, current TNRCC delivery certificate; PENALTY: $1,280; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(21) COMPANY: Shaukat R. Sunasara dba Jr's Minute Maid; DOCKET NUMBER: 2001-0714- PST-E; IDENTIFIER: PST Facility Identification Number 0014101; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III), and the Code, §26.3475(a) and (c)(1), by failing to monitor USTs for releases and test line leak detectors; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; and 30 TAC §334.7(d)(3), by failing to amend registration for any change or additional information; PENALTY: $7,920; ENFORCEMENT COORDINATOR: Trina Greico, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: KCS Medallion Resources, Inc.; DOCKET NUMBER: 2001-1106-AIR-E; IDENTIFIER: Air Account Number HX-2269-J; LOCATION: Cypress, Harris County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit a completed level of activity certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: KMCO, L.P.; DOCKET NUMBER: 2001-0705-IHW-E; IDENTIFIER: Solid Waste Registration (SWR) Number 31904; LOCATION: Crosby, Harris County, Texas; TYPE OF FACILITY: specialty chemical manufacturing; RULE VIOLATED: 30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 Code of Federal Regulations (CFR) §§262.34(a)(1)(ii), 265.192, and 265.193(c)(1) and (4) and (e)(1)(iii), by failing to perform certified written assessments for a new hazardous waste storage tank and properly maintain a hazardous waste secondary containment system; and THSC, §370.008, by failing to pay outstanding toxic chemical release fees; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Mitchell Energy Company, L.P. dba Kolar Production Facility; DOCKET NUMBER: 2001-1056-AIR-E; IDENTIFIER: Air Account Number LE-0065-B; LOCATION: near Sheridan, Lavaca County, Texas; TYPE OF FACILITY: oil and gas processing; RULE VIOLATED: 30 TAC §116.110(a)(4) and THSC, §382.085(b), by failing to register compressor number U7553; and 30 TAC §106.512(2) and THSC, §382.085(b), by failing to conduct an initial emissions test on compressor number U7553; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: Leif Johnson Ford, Incorporated; DOCKET NUMBER: 2001-1236-AIR-E; IDENTIFIER: Air Account Number TH-0782-R; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: automobile body repair and refinishing shop; RULE VIOLATED: 30 TAC § 106.436(a), §116.110(a), and THSC, §382.0518(a) and §382.085(b), by failing to submit a permit by rule registration form; PENALTY: $720; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(26) COMPANY: Midcoast Gas Services, Inc.; DOCKET NUMBER: 2001-0511-AIR-E; IDENTIFIER: Air Account Numbers RH-0010-G and HL-0004-E; LOCATION: Miami, near Canadian; Roberts and Hemphill Counties, Texas; TYPE OF FACILITY: natural gas compression; stations; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit annual compliance certification reports; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(27) COMPANY: Gary McNutt, Guy McNutt & Jesse Torres dba McNutt Dairy; DOCKET NUMBER: 2001-0685-AGR-E; IDENTIFIER: Water Quality Permit Number 4131; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §§305.125(a), 321.31(a), 321.39(f)(19)(A), Water Quality Permit Number 4131, and the Code, §26.121(a)(1), by failing to prevent irrigated wastewater from entering the waters in the state; and 30 TAC §305.125(1), §321.42(a), and Water Quality Permit Number 4131, by failing to properly notify the TNRCC of an unauthorized discharge; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Alita Champagne, (512) 239-0784; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Nolan Oil Company, Incorporated; DOCKET NUMBER: 2001-1039-PST-E; IDENTIFIER: Enforcement Identification Number 16903; LOCATION: Evadale, Jasper County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by allegedly having delivered gasoline and/or diesel fuel into a regulated UST system that did not have a valid, current delivery certificate; PENALTY: $2,400; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(29) COMPANY: Dennis Hakes dba Overyonder Dairy and Bert Velson & Heidi Velson (Individually); DOCKET NUMBER: 2001-0792-AGR-E; IDENTIFIER: Water Quality Permit Number 03087; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §§305.125(1), 321.31(a), 321.42(a) and (e), Water Quality Permit Number 03087, and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater, properly notify the TNRCC of an unauthorized discharge and submit the reporting requirements, and submit documentation as requested by the investigator; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(30) COMPANY: Power Resources, Ltd.; DOCKET NUMBER: 2001-0862-AIR-E; IDENTIFIER: Air Account Number HT-0065-Q and Title V Federal Operating Permit Number O- 00091; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: electricity generation plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a Title V compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(31) COMPANY: RNRS Corporation dba Parkway Mobil Mart 3; DOCKET NUMBER: 2001- 0956-PST-E; IDENTIFIER: PST Facility Identification Number 0017753; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(32) COMPANY: Ryder Truck Rental, Inc.; DOCKET NUMBER: 2001-0927-PST-E; IDENTIFIER: PST Facility Identification Number 21500; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: truck rental with fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available a valid, current TNRCC delivery certificate; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(33) COMPANY: Skeeter Products, Inc.; DOCKET NUMBER: 2001-0986-AIR-E; IDENTIFIER: Air Account Number GJ-0045-G; LOCATION: Kilgore, Gregg County, Texas; TYPE OF FACILITY: boat manufacture and repair; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(34) COMPANY: Oscar Graham dba South Texas Wastewater Treatment; DOCKET NUMBER: 2001-0905-OSI-E; IDENTIFIER: Installer Identification Number OS283; LOCATION: Boerne, Kendall County, Texas; TYPE OF FACILITY: on-site sewage facility; RULE VIOLATED: 30 TAC §285.58(a)(3) (now 30 TAC §285.61(a)) and THSC, §366.055(a), by failing to call for the required preapproval inspections; and THSC, §366.054, by failing to notify the permitting authority of the dates on which the installations were to begin; PENALTY: $800; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(35) COMPANY: Sumrall Distributing Co., Inc.; DOCKET NUMBER: 2001-0943-PST-E; IDENTIFIER: Enforcement Identification Number 16617; LOCATION: Flint, Smith County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current TNRCC delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(36) COMPANY: Temple-Inland Forest Products Corporation; DOCKET NUMBER: 2001- 0743-AIR-E; IDENTIFIER: Air Account Number SA-0005-N; LOCATION: Pineland, Sabine County, Texas; TYPE OF FACILITY: plywood and stud mill; RULE VIOLATED: 30 TAC §101.6(b)(1), (6), and (7) and THSC, §382.085(b), by failing to include all required elements on reportable and non-reportable upset notifications; 30 TAC §101.7(b) and THSC, §382.085(b), by failing to notify the TNRCC of maintenance activities at the boiler; 30 TAC §111.111(a)(1)(B), §116.115(c), Air Permit Numbers R-970 and PSD-TX-925, and THSC, §382.085(b), by failing to maintain opacity; 30 TAC §§122.143(4), 122.145(2)(A) and (B), 122.146(5)(D), 122.511(b)(1) and (2), and THSC, §382.085(b), by failing to submit deviation reports; and 30 TAC §§122.143(4), 122.504(a)(3)(B), 122.516(b)(1) and (c)(4), and THSC, §382.085(b), by failing to submit an application for a new authorization to operate; PENALTY: $37,040; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(37) COMPANY: TransTexas Gas Corporation; DOCKET NUMBER: 2001-1092-AIR-E; IDENTIFIER: Air Account Number ZA-0098-M; LOCATION: near Roma, Zapata County, Texas; TYPE OF FACILITY: gas compressor station; RULE VIOLATED: 30 TAC § 122.145(2)(A), §122.146(1) and (2), Operating Permit Number O-00771, and THSC, §382.085(b), by failing to submit the annual Title V compliance certification and deviation report; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(38) COMPANY: U.S. Air Force; DOCKET NUMBER: 2001-0694-IHW-E; IDENTIFIER: SWR Identification Number 65004 and Hazardous Waste Permit Number 50289; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: aircraft staging area; RULE VIOLATED: 30 TAC §335.2(b), by allowing a shipment of hazardous wastewater for processing and/or disposal at an unauthorized facility; 30 TAC §335.10(a), by allowing a shipment of hazardous wastewater for processing and/or disposal without utilizing the required manifest; and 30 TAC §335.431 and 40 CFR §268.7(a)(1) and (2), by allowing the shipment of hazardous wastewater for processing and/or disposal without determining or ensuring whether treatment would be required prior to treatment or land disposal; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588- 5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(39) COMPANY: Valor Telecommunications of Texas, LP; DOCKET NUMBER: 2001-0908- PST-E; IDENTIFIER: PST Facility Identification Numbers 50145, 33496, and 33489; LOCATION: Lubbock, Littlefield, Brownfield; Lubbock, Lamb, and Terry Counties, Texas; TYPE OF FACILITY: telecommunications centers; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and the Code, §26.346(a), by failing to submit a UST registration and self-certification form; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(40) COMPANY: Western Extrusions Corporation dba High Performance Coating; DOCKET NUMBER: 2001-1227-AIR-E; IDENTIFIER: Air Account Number DB-0343-O; LOCATION: Carrollton, Dallas County, Texas; TYPE OF FACILITY: metal surface coating; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit their annual compliance certification; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200200530

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 29, 2002


Notice of Water Rights Application

Notices mailed during the period January 25, 2002 through January 29, 2002.

APPLICATION NO. 5758 Dallas National Golf L.P., 200 Crescent Court, Suite 95, Dallas, Texas 75201 seeks a Water Use Permit pursuant to Texas Water Code (TWC)11.121 and 11.042, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application are given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders in the Trinity River Basin. Applicant seeks authorization to maintain an existing on-channel reservoir located on an unnamed tributary of Mountain Creek, tributary of the West Fork of the Trinity River, Trinity River Basin. The reservoir has a surface area of 4.02 acres and a capacity of 3.25 acre-feet and is located N 66.004 degrees E, 664 feet from the southeast corner of the Enoch Horton Survey, Abstract No. 613 in Dallas County, also being at Latitude 32.007 degrees N, Longitude 96.009 degrees W. Ownership of the land is evidenced by Special Warranty Deed vol. 119, pages 06300-06309 and Special Warranty Deed vol. 119, pages 06295-06298. Applicant seeks authorization to use the bed and banks of an existing on-channel reservoir to convey potable municipal water from the City of Dallas for subsequent diversion of 300 acre-feet of water per annum for irrigation of 101 acres out of a 380 acre tract of land in Dallas County. The water will be diverted from the reservoir at a maximum rate of 5.58 cfs (2,500 gpm). The amount of water pumped into the lake will be sufficient to offset irrigation withdrawals and evaporation losses. Applicant seeks to authorize the existing reservoir for recreational purposes. Fees have been paid and the application is sufficient for filing. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

APPLICATION NO. 5757 The Florida Company, C/O Jody Thompson, III, 3322 Shorecrest, Suite 235, Dallas, Texas 75235, applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published and mailed notice of the application are given pursuant to 30 TAC 295.152 and 295.153 to all of the water right holders in the Guadalupe River Basin. The applicant seeks authorization to construct and maintain a dam and reservoir on Cow Creek, tributary of Kickapoo Creek, tributary of the Neches River, Neches River Basin for domestic, livestock and in-place recreational purposes. The reservoir will have a surface area of 41 acres and a storage capacity of 367 acre-feet and is located S 55 degrees W, 2,300 feet from the southwest corner of Nacogdoches County School Land, Abstract No. A-619, also being at Latitude 32.002 degrees N, Longitude 95.005 degrees W in Van Zandt County. Ownership of the land is evidenced by General Warranty Deed vol. 1463, pages 0562-0564, Special Warranty Deed vol. 1647, pages 404-409 and Warranty Deed vol. 134, pages 0124-0128. The application was received on September 11, 2001. The Executive Director reviewed the application and determined it to be administratively complete on January 2, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

TEMPORARY PERMIT APPLICATION NO. 8220 Richmond Materials Company, 5251 Ransom Road, Richmond Texas 77469, seeks a temporary water use permit pursuant to 11.138 of the Texas Water Code and TNRCC Rules 30 TAC 295.1, et seq. Applicant seeks authorization to divert 2,100 acre-feet of water per year for a three year period of which 250 acre-feet per year will be used consumptively, total of 750 acre-feet used consumptively in the three year period, from the Brazos River, Brazos River Basin, for mining purposes (sand and gravel dredging and washing) in Fort Bend County. The diversion point requested is a 3000 foot reach of the Brazos River located west (up-stream) of the U.S. Highway 59 crossing of the Brazos River approximately 3.5 miles east of Richmond and 5.2 miles southwest of Sugar Land, the midpoint of which is located on the south or right bank of the river at Latitude 29.576 degrees N, Longitude 95.703 degrees W. The rate of diversion requested is 4,000 gpm (8.9 cfs). After dredging and washing of the mixed sand and gravel, water not consumed will be returned to the underflow of the Brazos River by discharging into a 30 acre off-channel settling reservoir adjacent to the river. The water will percolate through the bottom of the settling pond into the underflow of the river. The center of the off-channel reservoir is Latitude 29.574 degrees N, Longitude 95.704 degrees W. This notice is being provided to the 19 water rights owners of record with diversion points on the Brazos River downstream of Richmond Materials' requested diversion point. If granted, this temporary permit will be junior in priority to all existing water rights in the Brazos River Basin. The application was received by the TNRCC on December 10, 2001. The Executive Director of the TNRCC reviewed the application and declared it to be administratively complete on January 16, 2002. 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 February 19, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by February 19, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

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 TNRCC 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 TNRCC 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, TNRCC, 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 TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200200557

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 29, 2002


Texas Department of Public Safety

Regulations Governing Transportation Safety - §3.62 Public Hearing Notice

The Texas Department of Public Safety in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, §2001, et seq., and Texas Transportation Code, Chapter 644, is holding a public hearing on February 26, 2002, at 6:00 p.m., in the meeting/training room of the Motor Carrier Division Office of the Texas Department of Public Safety Headquarters Complex located at 6200 Guadalupe Street, Austin, Texas.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to Administrative Rule §3.62 regarding Transportation Safety proposed for adoption under the authority of Texas Transportation Code, Chapter 644, which provides that the Director shall, after notice and a public hearing, adopt rules regulating the safe operation of commercial motor vehicles. The proposed rules were published in the November 30, 2001, issue of the Texas Register (26 TexReg 9754).

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Letters should be addressed to Major Coy Clanton, Traffic Law Enforcement Division, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0520, (512) 424-2116.

TRD-200200527

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: January 28, 2002


Public Utility Commission of Texas

Amended Notice of Application for a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 23, 2002, for a certificate of convenience and necessity for a proposed transmission line in Dallas County, Texas.

Docket Style and Number: Application of Oncor Electric Delivery Company (Oncor) for a Certificate of Convenience and Necessity for a Proposed Transmission Line in Dallas County, Texas. Docket Number 25321.

The Application: Oncor proposes to design and construct a double-circuit, 138 kilovolt (kV) transmission with one circuit initially installed from the existing Oncor's Watermill Switching Station located east of Watermill Road to near the Union Pacific Railroad located west of State Highway 342 in southeastern Dallas County, Texas. The new transmission line will be approximately three miles in length and will be located within Oncor owned right-of-way (ROW).

Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission must render a decision approving or denying an application for a certificate within one year of the date of filing of a complete application for such certificate.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 or (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.

TRD-200200574

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2002


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On January 22, 2002, WinStar Wireless, Inc. 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 60027. Applicant intends to reflect a corporate restructuring.

The Application: Application of WinStar Wireless, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25316.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than February 13, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25316.

TRD-200200380

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2002


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On January 23, 2002, Sage Telecom 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 60160. Applicant intends to (1) reflect a corporate restructuring and (2) change its name.

The Application: Application of Sage Telecom for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25331.

Persons with questions about this docket or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than February 13, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25331.

TRD-200200504

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 22, 2002, 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 U-Talk Corporation for a Service Provider Certificate of Operating Authority, Docket Number 25320 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

Applicant's requested SPCOA geographic area includes the area currently served by Southwestern Bell Telephone Company and Verizon Southwest, Inc. throughout the State of Texas.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than February 13, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200381

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2002


Notice of Application to Amend Certificate of Convenience and Necessity for a Minor Service Area Boundary Amendment

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 24, 2002, for a certificate of convenience and necessity for a minor service area exception in Williamson County, Texas.

Docket Style and Number: Verizon Southwest (Verizon) filed an application for a certificate of convenience and necessity for a minor service exception in Williamson County, Texas. Docket Number 25334.

The Application: In its application, Verizon states that the developer of the Terra Vista subdivision has requested that the same telephone company serve the entire Section 2. Verizon states the amendment will realign the boundaries between Verizon and Southwestern Bell Telephone Company (SWBT) to serve the residential customers in the entire Terra Vista Section 2 subdivision. Verizon proposes to provide residential service to the entire Section 3 and business service to the entire Section 1 of this development. Verizon states it will exchange the residential portion of Section 2 for the new portion of Section 2 of the Interstate 35 corridor that will include the new Scott & White Clinic and other businesses planned in this area.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 or (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.

TRD-200200541

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2002


Notice of Application to Amend Certificate of Convenience and Necessity for a Service Area Boundary Change

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on January 25, 2002, for a certificate of convenience and necessity for a service area boundary change within Kendall County, Texas.

Docket Style and Number: Application of Guadalupe Valley Telephone Cooperative, Inc. (GVTC) for a Service Area Boundary Amendment in Kendall County, Texas. Docket Number 25338.

The Application: In its application, GVTC states the proposed amendment would establish a clear boundary line along lot lines and roads in Champee Springs Ranches Subdivision between Hill Country Telephone Cooperative's Comfort Exchange (HCTC) and Guadalupe Valley Telephone Cooperative's Sabina Exchange. Both GVTC and HCTC serve subscribers within the Champee Springs Ranches Subdivision therefore no subscribers would be effected by this proposed change.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 or (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.

TRD-200200540

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2002


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on November 15, 2001, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Falcon Heights exchange for Expanded Local Calling Service, Project Number 25009.

The petitioners in the Falcon Heights exchange request ELCS to the exchange of Zapata.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than February 21, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200502

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2002


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on January 2, 2002, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Port Alto exchange for Expanded Local Calling Service, Project Number 25233.

The petitioners in the Port Alto exchange request ELCS to the exchanges of Blessing, Edna, Palacios, and Victoria.

Persons who wish to 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 Customer Protection Division at (512) 936-7120 no later than March 8, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200503

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.

Docket Title and Number. United Telephone Company of Texas, Inc. doing business as Sprint's Application for Approval of LRIC Study for New Network Services Package and New Sprint Solutions sm Pursuant to P.U.C. Substantive Rule §26.214 on or about February 1, 2002, Docket Number 25322.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25322. Written comments or recommendations should be filed no later than 45 days after the date of a sufficiency study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200525

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.

Docket Title and Number. Central Telephone Company of Texas doing business as Sprint's Application for Approval of LRIC Study for New Network Services Package and New Sprint Solutions sm Pursuant to P.U.C. Substantive Rule §26.214 on or about February 1, 2002, Docket Number 25337.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25337. Written comments or recommendations should be filed no later than 45 days after the date of a sufficiency study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200526

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2002


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Verizon Southwest's Application for Approval of LRIC Study for Call Intercept Pursuant to P.U.C. Substantive Rule §26.215 on or about February 1, 2002, Docket Number 25319.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25319. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200524

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2002


Public Notice of Workshop on Procedures for Reclamation of NXX Codes and Thousand-Blocks

The Public Utility Commission of Texas (commission) will hold a workshop regarding procedures for reclamation of NXX codes and thousand-blocks, on Wednesday, February 27, 2002, at 10:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 25224, Rulemaking Proceeding to Adopt Procedures for Reclamation of NXX Codes and Thousand-Blocks has been established for this proceeding. Through this project, the commission intends to adopt procedures for reclamation to replace the interim guidelines adopted in November 2000.

As of the date of publication of this notice, a strawman rule will be available in Central Records for review by interested persons. Comments on the strawman rule may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 no later than February 22, 2002. All comments should reference Project Number 25224.

Questions concerning the workshop or this notice should be referred to Jennifer Fagan, Attorney, Legal Division, (512) 936-7278. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200484

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2002


Request for Comments on Proposed Forms

The Public Utility Commission (commission) is developing two forms related to the System Benefit Fund (SBF) and Low-Income Discount. The first form would be for use by transmission and distribution utilities on a monthly basis to report the level of kilowatt-hours of electricity they have delivered on behalf of retail electric providers (REPs) and SBF fees billed to REPs. The utilities would also remit to the Comptroller of Public Accounts (Comptroller) on a monthly basis the SBF amounts they have billed. The second form would be for use by REPs to report the low-income discounts provided to customers and request reimbursement for the discounts from the Comptroller.

Copies of these proposed forms are available from the commission's Central Records Division, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. The forms are available in Project Number 25261, FY 2002 Retail Electric Provider System Benefit Fund Monthly Report ; and Project Number 25262, FY 2002 Transmission and Distribution Utility System Benefit Fund Fee Remittance Report . The forms are also available on the commission's web site at the following address: http://www.puc.state.tx.us/electric/projects/24116/24116.cfm, under the heading, Documents Available. Comments should be filed not later than 20 days after the publication of this notice in the Texas Register .

In addition to any other comments that interested persons may have concerning the forms, the commission requests comments on whether any of the information that the commission is requesting in the forms should be regarded as confidential. Any person that believes that any information requested on the form is confidential should provide an explanation for this position and specify the period that the information should remain confidential.

The commission will consider all comments on the forms in deciding whether to adopt the proposed forms and whether to modify them. It will also consider any comments concerning the confidentiality of information in establishing procedures for the use of the information after it is provided to the commission. Comments concerning the form for reports by REPs should be filed in Project Number 25261, FY 2002 Retail Electric Provider System Benefit Fund Monthly Report ; and comments concerning the form for transmission and distribution utilities should be filed in Project Number 25262, FY 2002 Transmission and Distribution Utility System Benefit Fund Fee Remittance Report . An original and 15 copies of the comments shall be filed with the Central Records Division at the address provided above.

TRD-200200539

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2002


South Plains Regional Workforce Development Board

Request for Proposal

Lease Space for the Texas Workforce Center of Lubbock

The South Plains Regional Workforce Development Board (South Plains Workforce) will issue an RFP soliciting proposals from qualified bidders for the relocation of the Texas Workforce Center of Lubbock. Based on the proposals received, the South Plains Workforce will select either an existing building which has been remodeled to meet the specifications outlined in this proposal, or will select a contractor who can build to these specifications.

Each bid must conform and be responsive to the conditions and specifications in the RFP. The above RFP will be issued on Monday, January 28th, 2002. The proposal deadline is Friday, March 1st, 2002 at 5:00 pm.

The South Plains Workforce is the oversight entity and fiscal agent for workforce services and administers the procurement of the operation of the Texas Workforce Centers, located in the South Plains Workforce Development Area (WDA). The WDA consists of the following fifteen counties: Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry and Yoakum.

Copies of the RFP are available at the Board offices at 1301 Broadway, Ste 201, Lubbock, Texas 79401; or by calling Christine Veazey at 806-744-1987. Proposal responses are due by 5:00 pm, Friday, March 1st, 2002. The South Plains Workforce reserves the right to accept or reject any proposals.

The South Plains Workforce is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request for individuals with disabilities.

TRD-200200485

Mary Ann Rojas

Executive Director

South Plains Regional Workforce Development Board

Filed: January 25, 2002


Texas Department of Transportation

Record of Decision

U.S. Department of Transportation -Federal Highway Administration. IH 10 West, From Taylor Street to FM 1489; Harris, Fort Bend, and Waller Counties; FHWA-TEX-EIS-00-01-F.

PREFERRED ALTERNATIVE DECISION

Based on the IH 10 West Final Environmental Impact Statement (FEIS) and Final Section 4(f) Statement, the Combined Alternative has been selected as the preferred alternative for the proposed project.

As described in Section 2.2.5 of the FEIS, the proposed action for the reconstruction and expansion of the IH 10 managed roadway lanes will consist of two Managed Lanes (ML) in both directions between IH 610 and SH 6. The proposed action will also include the addition of one general purpose [Single Occupancy Vehicle (SOV)] lane in each direction between IH 610 and the City of Katy and auxiliary lanes to provide lane balance at major interchanges (i.e., IH 610, Beltway 8, SH 6 and Grand Parkway). The proposed roadway will follow the existing IH 10 Katy Freeway alignment encompassing the existing parallel Union Pacific Railroad [now owned by Texas Department of Transportation (TxDOT)] and the Old Katy Road right-of-way (ROW) taking ROW from both the north and south of the existing facility.

In addition, the proposed action will bring the existing freeway up to current TxDOT and Federal Highway Administration (FHWA) design standards and provide continuous frontage roads throughout most of the corridor. It will also provide for pedestrian and bicycle improvements associated with the included frontage road improvements. The Combined Alternative will preserve maximum flexibility for future modification of the ML in the center of the freeway to meet future needs within the corridor, including conversion to a fixed guideway facility, automated highway, or other future transit alternative. The Combined Alternative will provide for a major increase in the ML capacity while also providing a modest increase in the SOV capacity between IH 610 and FM 1489.

ALTERNATIVES CONSIDERED

The purpose and needs for the IH 10 corridor were identified based on the Major Investment Study (MIS) analysis of the existing traffic congestion within the corridor, projected population and employment growth trends, and extensive dialogue with concerned citizens. Public input included discussions with state, local, and regional agencies involved in transportation and comprehensive planning in the Houston region, as well as input solicited from local citizens.

West Houston has traditionally been one of the fastest growing sectors of the Metropolitan Region, both in terms of population and employment growth. In the future, population growth is projected to result in a corridor population increase of 42 percent (1990 to 2020). However, some portions of the corridor are projected to grow by as much as 130 percent for the same time period. For the same period, employment growth is projected to be equally as strong within the corridor, with average growth in employment in excess of 44 percent. These growth projections point to major increases in travel demand along the IH 10 corridor.

The recommendation from the MIS was the Alternative V-2 (ML-SOV) as the Locally Preferred Modal Alternative based on the incremental evaluation process of the MIS. Following the recommendation of the MIS Steering Committee, Alternative V-2 was presented to the public as the draft locally preferred modal alternative at a series of public open houses and meetings July 8, 9, and 10, 1997.

Once the locally preferred modal alternative was selected, it was necessary to examine alternative alignments for the improvements within the corridor. A variety of alignments were studied in order to select an alternative that implements the preferred modal alternative with the least environmental, social and economic impacts. To that end, five different alternatives were developed and analyzed for impacts including the No-Build Alternative and the Transportation System Management/ Transportation Demand Management (TSM/TDM) Alternative. The description and analysis of the three build alignment alternatives follows.

The " All North Alternative " would acquire all needed additional ROW north of the existing IH 10 corridor. Where additional ROW is not needed, the alignment would remain within the current ROW limits.

The " All South Alternative " would acquire all needed additional ROW south of the existing IH 10 corridor. Where additional ROW is not needed, the alignment would remain within the current ROW limits.

The " Combined Alternative " is a combination of ROW acquisition from both the north and south sides of the existing IH 10 corridor. The alignment was oriented to utilize Old Katy Road and the railroad ROW acquired by TxDOT.

The evaluation of the three alignment alternatives, the No-Build and the TSM/TDM alternatives in Sections 3.0 and 4.0 of the FEIS was based on economic, social, and environmental resources of the affected environment. These resources included land use, socioeconomic conditions, noise environment, 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 Chapter 2 of the FEIS also illustrates the comparison of the alternatives. Several factors discussed below played a major role in the selection of the preferred alignment alternative.

The All North Alternative would require a total of 127 building displacements including 60 single-family residences, one (1) multi-family building (78 units), 63 commercial buildings (222 units), one (1) public facility (utility), and two (2) nonprofit organizations (YMCA and Spring Branch Church of the Nazarene).

The All South Alternative would require a total of 131 building displacements including 15 single-family residences, three (3) multi-family buildings (154 units), 112 commercial buildings (1881 units), one (1) non-profit organization (Houston First Baptist Church).

The Combined Alternative would require a total of 129 building displacements including 72 single-family residences, two (2) multi-family buildings (122 units), 53 commercial buildings (871 units) and two (2) non-profit organizations (YMCA and Spring Branch Church of the Nazarene).

In addition to potential displacements of commercial, residential, public facilities, and non-profit organizations, potential displacements of gravesites along the IH 10 corridor were also considered. The All North Alternative would displace approximately 3,300 gravesites within the proposed ROW. The All South Alternative would impact approximately 259 gravesites within proposed ROW. The Combined Alternative will impact 2, possibly 4 graves within the existing ROW, but would avoid impacts to the numerous gravesites that are located in the proposed ROW of the All North and All South Alternatives.

All three build alternatives would transverse the same waters of U.S. since the alternatives follow the existing linear IH 10 corridor. Potential jurisdictional wetlands, also commonly called fringe wetlands, were observed adjacent to some of the waters of the U.S. associated within the existing and proposed ROW. Preliminary wetland investigations were conducted for the alternatives using resources such as the National Wetland Inventory (NWI) maps. From this investigation, the All South Alternative would impact more wetland areas than the All North Alternative or the Combined Alternative.

The FHWA traffic noise modeling software was used to calculate existing and predicted traffic noise levels for the three build alternatives. The number of potential noise impacts includes 1375 receivers along the All North Alternative, 1313 receivers along the All South Alternative, and 1386 receivers along the Combined Alternative. The results from the preliminary noise analysis do not provide as clear a distinction between alternatives. The Combined Alternative potentially causes more noise impacts, but the number of impacts is only marginally higher (11 receivers) than the All North Alternative. Preliminary calculations indicate that noise barriers may be feasible and reasonable for several residential areas adjacent to each of the alternatives.

SECTION 4(f)

None of the alternatives would impact wildlife refuges; however, the proposed project would impact publicly owned parklands, which serve as recreational areas. Approximately 0.421 acre would be taken from an undeveloped park and another 0.672 acre would be taken from a developed park, both of which are located in the City of Spring Valley, north of the existing IH 10 corridor. TxDOT would compensate the City of Spring Valley with the purchase of land of comparable or greater value for their use as parkland. Therefore, as required, a Section 4(f) Statement was prepared due to the proposed impacts of these parklands. None of the alternatives would impact any other areas of unique scenic beauty or other lands of national, state, or local importance.

The frontage road from Studemont to Taylor Street has been eliminated from the proposed design to avoid impacts to the White Oak Bayou floodplain. There will be no impacts to Stude Park which is a Section 4(f) property located adjacent to the existing IH 10 ROW.

Based on the alternative analysis for the IH 10 corridor, the Combined Alternative was selected as the preferred alignment alternative. Given its combination of ROW acquisition from both the north and south sides of the existing IH 10 corridor, the Combined Alternative will produce the fewest negative impacts and the most positive benefits. While adhering to applicable design standards, the amount of additional ROW required north or south of the corridor at any one location was minimized along the Combined Alternative to reduce impacts to adjacent landowners and the environment. The Combined Alternative will accommodate the demand for a safe and efficient transportation system.

In summary, the Combined Alternative will provide substantial long-term benefits to both the traveling public and the communities in and along the IH 10 corridor through improved traffic and transit service. The improved mobility for the IH 10 corridor will accommodate the extensive growth anticipated to occur in the area.

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. The Combined Alternative best meets the purpose and need of the proposed project as described on Section 1.0 of the FEIS.

MEASURES TO MINIMIZE HARM

Land use for the IH 10 corridor project reflects two geographically distinct land use patterns. High-density commercial, industrial development is intermixed with residential development in Segments 1-3 [between Taylor Street and SH 6 (Addicks Road)]. These three segments are located within the City of Houston and the Memorial Villages. Segments 4 & 5 [between SH 6 (Addicks Road) and FM 1489] are comprised of sparsely developed, low-density residential and agricultural uses with the exception of moderately dense development at the City of Katy's Pin Oak interchange. Katy Mills Mall which is located at this interchange is a traffic generator. Associated low-density commercial development is typically clustered near other major interchanges.

By definition, a majority of the IH 10 corridor is classified as urban. The exceptions to this urban classification is Segment 5 (between the City of Katy and FM 1489) which has undeveloped, primarily agricultural lands. There is sufficient right-of-way along Segment 5 to support the Combined Alternative without extending beyond land dedicated for transportation purposes.

The Combined Alternative will require a total of 129 building displacements including 72 single-family residences, two (2) multi-family buildings (122 units), 53 commercial buildings (871 units) and two (2) non-profit organizations (YMCA and Spring Branch Church of the Nazarene). A number of utilities are also expected to require relocation and/or realignment for compatibility with the Combined Alternative. Comparable properties are available for relocation as described in Section 4.4 of the FEIS.

An environmental justice analysis was conducted to determine if the Combined Alternative will disproportionately impact minority or low-income populations. Ten (10) residences will be displaced in Census Tract 514.02 (Segment 1) which is a low-income, predominantly minority area. However, approximately 57 homes will be displaced in Census Tract 441.01 (Segment 2), which is characterized by a higher income, predominantly white population. Therefore, it was concluded based on the evaluation of census data that minority or low-income populations are not receiving disproportionately high or adverse impacts from proposed improvements.

A review of the National Register of Historic Places (NRHP) revealed 92 properties greater than fifty years of age within the Area of Potential Effect, which is defined as 150 feet on either side of the proposed ROW. All 92 properties are located in Segment 1, from Taylor Street to IH 610. Of the 92 potentially eligible properties identified, two were identified as previously listed on the NRHP and four additional structures were determined eligible for the NRHP through consultation with the THC. There will be no ROW acquisition from any of the six listed or eligible structures under the Combined Alternative. As stated in a letter from the THC dated, October 2, 2001, coordination between TxDOT and THC resulted in a determination of no adverse effect for the six properties.

Cemetery eligibility coordination between TxDOT and the THC was conducted for two (possibly three) locations of reported historic-era burials within existing ROW of the IH 10 corridor. One cemetery is located between existing IH 10 and the abandoned railroad corridor just west of Eldridge Parkway. This cemetery contains from two to four graves. Two other areas located west of Langham Creek ROW of Segment 3 may contain other potential historic-era burials. As stated in a letter from the THC dated October 4, 2001, it has been determined that none of the cemeteries meet the criteria of eligibility for the NRHP. However, in compliance with the Texas Health and Safety Code (711.004), a plan to move the graves to another nearby cemetery in consultation with descendants and the county court prior to construction has been reviewed and approved by the Texas Historical Commission.

As stated in a letter dated December 8, 1995 from the U.S. Army Corps of Engineers (USACE), it is likely that a USACE permit will be required for this project based on their jurisdiction under Section 404 of the Clean Water Act. The selection of a permit type will be made once the design has progressed far enough for that determination to be made. TxDOT is aware that a detailed evaluation of the waters of the U.S. and potential wetlands within the Combined Alternative will be necessary to determine the need of a USACE Section 404 permit. Any impacts to waters of the U.S. will be avoided, minimized, and mitigated where possible. Continued coordination with the USACE is anticipated as appropriate.

The Combined Alternative will not increase the base flood elevation to a level which will violate applicable floodplain regulations and ordinances. The hydraulic design for this project will be in accordance with current TxDOT and FHWA policies and standards. The proposed highway facility will permit the conveyance of the 100-year flood, inundation of the highway being acceptable, without causing major damage to the highway or other property.

Preliminary calculations have indicated that the Combined Alternative will result in traffic noise impacts along the proposed IH 10 corridor. A more detailed noise analysis is being performed and barriers will be proposed where reasonable and feasible.

During the construction phase of the Combined Alternative, there is a possibility that noise levels will be greater than normal in the areas adjacent to the ROW due to operations normally associated with road construction. Construction is normally limited to daylight hours when occasional loud noises are more tolerable. Extended disruption of normal activities is not considered likely due to the relatively short-term exposure periods imposed on any one receiver. Every reasonable effort will be made to minimize construction noise.

A regulatory data review and coordination with EPA and Texas Natural Resource Conservation Commission (TNRCC) identified approximately 143 permitted and nonregulated hazardous waste sites within 300 feet of the Combined Alternative. Of these locations, 54 are registered storage tank sites. Of the 54 registered storage tank sites, 38 have been recorded as leaking underground storage tanks. Four No Further Remedial Action Planned (NFRAP) sites, two Emergency Response Notification System (ERNS) sites, and three Voluntary Cleanup Program (VCP) sites were identified within the study area. One site within the old railroad ROW is being mitigated at this time.

The contractor will take appropriate measures to prevent, minimize, and control the spill of hazardous materials in the construction staging area. The use of construction equipment within sensitive areas will be minimized or eliminated entirely. All temporary construction materials used for this project will be removed as soon as work schedules permit.

Harris County and the surrounding seven counties (including Waller and Fort Bend Counties) are in non-attainment of the ozone air quality standard. The State of Texas in coordination with the Houston - Galveston Area Council has developed and submitted a State Implementation Plan (SIP) to the Environmental Protection Agency (EPA) demonstrating the area will attain the ozone standard by 2007. The current Houston Galveston Metropolitan Transportation Plan (MTP) conforms to the transportation budget within the SIP. The Combined Alternative is, as required by EPA conformity regulations, part of the conforming 2022 MTP and FY 2002-2004 Transportation Improvement Program.

Construction may temporarily degrade air quality through dust and exhaust gases associated with construction equipment. Measures to control dust will be considered and incorporated into the final design and construction specifications.

Existing vegetation located along the vicinity of the project area consists of fragmented woodland areas, such as hardwood trees and shrubs. As new development along the project area continues, some woodland areas described in Section 3.7.3 are planned to be removed prior to the construction of the proposed project by private developers.

Minimal impacts to wildlife are expected but undoubtedly some species within the proposed ROW may be displaced. However, the Combined Alternative follows the existing alignment and as stated in letter from the U.S. Fish and Wildlife Service (USFWS) dated February 9, 1996, the widening and upgrading of existing roadways minimizes impacts to ecosystems.

In accordance with the Migratory Bird Treaty Act (MBTA), the removal of trees and clearing of the ROW will either be conducted outside of the breeding season of the bird species in this area or the ROW will be surveyed for active nests to provide protection of the nests. It is anticipated that there will be minimal impacts to migratory bird populations.

The Combined Alternative will not affect any threatened or endangered species. Coordination with the USFWS in a letter dated February 6, 1996, indicated the presence of the endangered Texas prairie dawn near IH 10 in Barker and Addicks Reservoirs. However, on January 10, 2001, TxDOT personnel, who have participated in previous surveys in the same corridor, conducted a survey for the Texas prairie dawn and no suitable habitat was observed.

MONITORING AND COMMITMENTS PROGRAM

All commitments made in the FEIS with regard to mitigation measures will be implemented and monitored throughout the remaining phases of project development.

Archeological investigation studies for all areas of the Combined Alternative have been completed and coordinated with the THC. The THC concurs that no archeological properties eligible for the National Register will be affected by the proposed IH 10 expansion. TxDOT has committed to exhume the burials from the two small cemeteries and reinter them into a perpetual care cemetery in accordance with the policies and guidelines of the THC. As stated in a letter from the THC on October 4, 2001, TxDOT's Exhumation and Reinterment Plan for the IH 10 corridor project has been reviewed by the THC and it has been concluded that the procedures outlined in the plan will satisfy the requirements of THC cemetery preservation guidelines.

In the event that evidence of archeological deposits is encountered during construction, work in the immediate area will cease and TxDOT archeological staff will be contacted to initiate accidental discovery procedures under provisions of the Programmatic Agreement among TxDOT, the THC, FHWA, and the Advisory Council on Historic Preservation and the Memorandum of Understanding between TxDOT and the THC.

Any potential impacts to jurisdictional waters of the U.S. or wetlands will be avoided and minimized to the greatest extent practicable and then mitigated in agreement with the USACE.

In order to comply with the TNRCC's 401 Water Quality Certification Conditions for Nationwide Permits, at least one best management practice (BMP) from each of the following three categories of on-site water quality management (erosion control, post-construction total suspended solids (TSS) control, and sedimentation control) must be implemented on the proposed project.

The Clean Water Act makes it unlawful to discharge storm water from construction sites into waters of the U.S. unless authorized by the EPA's National Pollutant Discharge Elimination System General Permit. Construction activities will disturb more than five acres within the project vicinity. Therefore, TxDOT will be required to submit a Notice of Intent to the EPA. TxDOT will also develop a Storm Water Pollution Prevention Plan for this project.

When a traffic noise impact occurs, noise abatement measures must be considered. Before any abatement measure can be incorporated into the project, it must be both feasible and reasonable. In order to be feasible, the measure should reduce noise levels by at least five dBAs at impacted receivers; and to be reasonable it should not exceed $25,000 for each benefited receiver. Noise abatement barriers will be offered where reasonable and feasible. Noise workshops will be held to determine the public interest in the construction of noise abatement barriers in the locations where it is deemed reasonable and feasible.

For the selected alternative, those sites within the existing and proposed ROW that pose a potential hazardous materials impact will be further investigated prior to or during the ROW acquisition process. Mitigation for hazardous materials within the existing and proposed ROW should be completed during the ROW acquisition process. Depending on the nature and extent of contamination encountered and project requirements, it may not be possible to complete the mitigation prior to construction. In such cases, special provisions must be developed and included in the construction plans to ensure that the project is constructed in a manner protective of human health and the environment. Older houses and buildings will be inspected for asbestos and other hazardous materials before demolition. Any contaminated buildings will be remediated according to Federal and State regulatory standards prior to demolition.

In accordance with the guidelines for beneficial landscape design, the landscaping design of this project will emphasize the use of native plants. Care will be taken to salvage native plants on the project site for replanting where possible. When salvageable plants are not available, commercially grown plants will be substituted. Steps will be taken in the design process to minimize impact to the natural habitat and prevent pollution by reducing the need for fertilizers or pesticides. Trimmings from plants in the landscaping will be recycled for mulch, and the resulting mulch used to reduce runoff and increase water use efficiency.

In accordance with Executive Order 13112 on invasive species, native plant species will be used in the landscaping where practicable.

COMMENTS ON FINAL EIS

As a result of the FEIS circulation for public comment, a letter dated December 19, 2001, was received from the Texas Natural Resource Conservation Commission (TNRCC). The letter states that the TNRCC has reviewed the FEIS and determined that it properly demonstrates that the National Ambient Air Quality Standard will be satisfied in terms of carbon monoxide concentrations. As stated in the FEIS, the project will accomplish this by controlling exhaust emissions at the construction sites by requiring contractors to use emission control devices and limiting unnecessary idling of construction vehicles. When the project is completed it will also reduce traffic congestion and encourage the use of Managed Lane facilities, which will increase ridesharing, thereby reducing the number of vehicles on the road. Furthermore, the proposed project is included in the 2022 Metropolitan Transportation Plan.

A letter dated November 27, 2001, was received from a private citizen who expressed interest in double-decking IH 10 as an alternative to widening the existing freeway. The scenario of double-decking IH 10 was considered as one of the alternatives during the Major Investment Study phase of the proposed project; however, the public comments were strongly against this design option and it was eliminated from further study.

CONCLUSION

Based on the analysis and evaluation contained in this project's Final Environmental Impact Statement 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 the recommended Combined Alternative as the Proposed Action for this project.

This Record of Decision was signed by C.D. Reagan, Division Administrator, FHWA, Texas Division, on January 14, 2002.

TRD-200200542

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 29, 2002